Fountain Valley City Council
March 5, 2024

AGENDA

CITY COUNCIL/ SUCCESSOR

AGENCY TO THE FOUNTAIN

VALLEY AGENCY

FOR COMMUNITY DEVELOPMENT/

FOUNTAIN VALLEY HOUSING AUTHORITY

Closed Session 4:30 p.m.

Study Session 5:00 p.m.

Regular Meeting 6:00 p.m.

Tuesday, March 5, 2024
Council Chambers
10200 Slater Avenue
Fountain Valley, CA 92708
http://www.fountainvalley.org

MEETING ASSISTANCE: In compliance with the Americans with Disabilities Act, anyone needing special assistance to participate in a meeting of the government bodies listed herein should contact the City Clerk’s Office at (714) 593-4445. Notification 72 hours prior to the meeting allows the City to make reasonable arrangements to ensure accessibility to the meeting.

AGENDA COMMUNICATIONS: All revised or additional documents and writings related to an item on this agenda provided to all or a majority of the government body members after distribution of the agenda packet, are available for public inspection (1) in the City Clerk’s Office at 10200 Slater Avenue, Fountain Valley, CA 92708 during normal business hours; and (2) in the Council Chambers at the time of the meeting. Unless directed otherwise by a government body listed herein all actions shall be based on/memorialized by the latest document submitted as a late communication.

PUBLIC COMMENTS/PUBLIC HEARINGS: Persons wishing to address the City Council or other government body listed complete a speaker card and give it to the City Clerk prior to the public comment period. Requests to speak will not be accepted after the public comment session begins without permission of the Mayor/Chair. Speakers must limit remarks to a total of (3) three minutes and address the City Council through the Mayor. Comments to individuals or staff are not permitted. Scheduled Matters, including Public Hearings: Indicate on the card what item you want to address. Unscheduled Matters: Indicate on the card what subject matter you want to address. Comments must be related to issues that are within the jurisdiction of the governing body listed on the agenda. Pursuant to the Brown Act, the governing body may not enter into discussion regarding items not on the agenda.

CONSENT CALENDAR: All matters listed under the Consent Calendar are considered by the governing bodies listed herein to be routine and will be enacted on simultaneously with one motion without discussion unless separate action and/or discussion is requested by a governing body member, staff, or a member of the public.

PUBLIC HEARINGS: Persons wishing to speak in favor of or in opposition to a proposal are given an opportunity to do so during the public hearing. Those wishing to address a governing body during the hearing are requested to complete the speaker card and submit it to the City Clerk prior to the hearing. If a proposed action is challenged in court, there may be a limitation to raising only those issues raised during the hearing or in written correspondence received by the governing body at or before the hearing.

Note: The Fountain Valley City Council serves as the Successor Agency to the Fountain Valley Agency for Community Development (Successor Agency), the Fountain Valley Housing Authority, and the Fountain Valley Finance Authority. The Actions of the Successor Agency are separate and apart from the actions of the City Council.

ZOOM LINK INFORMATION
• Participants that choose to watch the City Council meeting through zoom are automatically placed in the waiting room and will only be allowed into the Zoom meeting if they request to make a public comment. In order to make a public comment, you will indicate through the chat feature which item you would like to speak on, and click on the “raise hand” icon to let the administrator know you wish to speak. • All participants are muted unless you are requesting to speak, at which time you will be allowed to unmute and make you comment.
• All public comments are allowed up to 3 minutes to speak.

Topic: City Council
Time: Mar 5, 2024 06:00 PM Pacific Time (US and Canada) Join Zoom Meeting
https://us02web.zoom.us/j/89099771045?pwd=NnkvSmJKR0F0cUFldW52UEQyT1hlZz09 Meeting ID: 890 9977 1045
Passcode: 053180

CLOSED SESSION
CALL TO ORDER 4:30 p.m.

PUBLIC COMMENTS (Closed Session matters only)
Persons wishing to speak on a Closed Session matter are requested to identify themselves by completing a blue speaker card indicating the item they want to address and to give the card to the City Clerk prior to the public comment period.

1. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code §54957.6.

Agency Designated Representatives: City Manager, Maggie Le, Finance Director, Ryan Smith, Human Resources Director, Carrie Hanes, Community Development Director / Deputy City Manager, Omar Dadabhoy, Attorney for the City, Colin Burns Employee Organizations: Police Officers' Association (POA), Police Officers' Management Unit (POMU), Fire Association (FVFA), Fountain Valley Municipal Employees Association (Field Services unit), Fountain Valley General Employees Association (FVGEA), Fountain Valley Professional and Technical Employees (P&T), Individually Represented Battalion Chiefs and Individually Represented P&T (IRP&T)

STUDY SESSION
CALL TO ORDER 5:00 p.m.

PUBLIC COMMENTS (Study Session matters only)
Persons wishing to speak on a Study Session matter are requested to identify themselves by completing a blue speaker card indicating the item they want to address and to give the card to the City Clerk prior to the public comment period.

1. Mile Square Park Parking Meter Zone – Presentation by Rob Frizzelle, Community Services Director

2. Transient Occupancy Taxes – Presentation by Colin Burns, Attorney for the City and Rick Miller, City Clerk

OPEN SESSION
CALL TO ORDER 6:00 p.m.

INVOCATION
SALUTE TO THE FLAG Council Member Kim Constantine

CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY/ ROLL CALL Council Members: Constantine, Cunneen, Harper, Vice Mayor/Vice Chair Bui, Mayor/Chair Grandis

ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS

CITY MANAGER / MAYOR UPDATE

PRESENTATIONS
• Presentation of a Proclamation to the Red Cross – Presentation by Mayor Grandis • Presentation of a Check to the Kiwanis – Presentation by Mayor Grandis • Arbor Day Proclamation – Presented by Mayor Grandis

FIRST CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)
The Unscheduled Matters Public Comments portion will last 15 Minutes at the beginning of the meeting. Any requests to speak on unscheduled matters after the initial 15 minutes, will be heard at the end of the meeting, unless the Mayor approves an extension of this time. If an individual speaks during the First unscheduled matters time period, they do not get to speak at the end of the meeting as well. Persons wishing to speak on an unscheduled matter are requested to identify themselves by completing a blue speaker card and to give the card to the City Clerk. Each person will have up to 3 minutes to speak. The City Clerk will call upon those that wish to speak.

PUBLIC COMMENTS (Scheduled Matters Only)
Persons wishing to speak on Agenda item(s) are requested to identify themselves by completing a blue speaker card indicating the item they want to address and to give the card to the City Clerk prior to the public comment period. Each person will be given up to 3 minutes to speak on the entire Consent Calendar, 3 minutes to speak on each item pulled from the consent calendar, and 3 minutes to speak on any agendized item(s) not appearing on the Consent Calendar.

CONSENT CALENDAR
Consent Calendar Items 1 – 5 will be approved simultaneously with one motion, unless separate action/or discussion is requested.

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

2. Receive and File the Draft Minutes of the February 20, 2024 Regular City Council Meeting

3. Approve the City of Fountain Valley Register of Demands for the period of 2/10/2024 to 2/23/2024 Page 50
Recommended Action: Staff recommends Alternative No. 1 to approve the attached Register of Demands representing payments made by the City of Fountain Valley between 2/10/2024 and 2/23/2024 for a total of $1,255,633.59.

4. Approve the Euclid Street Corridor Project Regional Traffic Signal Synchronization Program (TSSP) Cooperative Agreement No. 2024-1 between the City of Fountain Valley and the City of La Habra. Page 60
Recommended Action: Staff recommends that the City Council:

Approve the Euclid Street Corridor Project Regional Traffic Signal Synchronization Program (TSSP) Cooperative Agreement No. 2024-1 between the City of Fountain Valley and the City of La Habra.

5. Newland Street Local Emergency Roadway Repairs – Rejection of all Bids and Rescission Local Emergency Page 82
Recommended Action: Staff recommends that the City Council:

1. Reject all bids for the Rehabilitation of Newland Street Project (Project No. 24012).

2. Approve A Resolution Rescinding the Proclamation of the Existence of a Local Emergency and All Associated Emergency Orders.

ADMINISTRATIVE ITEMS

6. Approve the Proposed 2024 Legislative Platform – Presentation by Meghan Wishner, Management Analyst Page 198
Recommended Action: Staff recommends that City Council approve the proposed 2024 Legislative Platform.

7. Waive the bidding requirements pursuant to FVMC 2.36.070 Par 4 and authorize staff to issue two purchase orders totaling $514,039.80 to Rush Truck Centers of California, Inc. for the purchase of the following Public Works trucks through the existing cooperative contract with Sourcewell, and authorize staff to dispose of the existing vehicles by means that best meet the City’s needs:

1. One (1) new/unused 2025 Peterbilt 537 2-Axle Dump Truck for $198,889.25

2. One (1) new/unused 2025 Peterbilt 537 Asphalt Patch Truck for $315,150.55 – Presentation by Mark Sprague, Field Services Manager Page 220 Recommended Action: Staff is requesting City Council approval of Alternative No. 1 to waive the bidding requirements pursuant to FVMC 2.36.070 Par 4 and authorize staff to issue two purchase orders totaling $514,039.80 to Rush Truck Centers of California, Inc. for the purchase of the following Public Works trucks through the existing cooperative contract with Sourcewell, and authorize staff to dispose of the existing vehicles by means that best meet the City’s needs:

1. One (1) new/unused 2025 Peterbilt 537 2-Axle Dump Truck for $198,889.25

2. One (1) new/unused 2025 Peterbilt 537 Asphalt Patch Truck for $315,150.55

8. Accept a fee proposal from AGA Engineers, Inc. for Citywide Traffic Signal Timing Project not-to-exceed $246,220 & authorize Staff to issue a P.O for the amount; and Approve Amend.

No. 1 to AGA Engineers Inc. On-Call Design Contract for $123,045. – Presentation by Kyle Knoke, Associate Engineer Page 320
Recommended Action: Staff recommends that the City Council:

1. Accept a fee proposal from AGA Engineers, Inc. for the Citywide Traffic Signal Timing Project in the amount not-to-exceed $246,220 and authorize Staff to issue a Purchase Order for the amount; and,

2. Approve Amendment No. 1 to AGA Engineers, Inc.’s As-Needed On-Call Design Contract in the amount of $123,045.

9. Accept a Fee Proposal from JIG Consultants for Engineering Design Services for the 2024 Sewer Rehabilitation and Replacement Project in a Not-to-Exceed Amount of $268,470 and authorize staff to issue a Purchase Order for the amount. – Presentation by Ryan Damon, Assistant Engineer Page 393
Recommended Action: Staff recommends that the City Council approve Alternative No. 1, which is to accept a fee proposal from JIG Consultants for Engineering Design Services for the 2024 Sewer Rehabilitation and Replacement Project in a not-to-exceed amount of $268,470 and authorize staff to issue a Purchase Order for the amount.

10. Adopt a Resolution and Approve a Memorandum of Understanding for the Fountain Valley Firefighters’ Association IAFF Local 4530, relating to wages, hours, terms and conditions of employment. – Presentation by Carrie Hanes, Human Resources Director Page 411 Recommended Action: Staff is requesting City Council approval of Alternative No. 1 to adopt a Resolution and approve a Memorandum of Understanding.

COUNCIL MEMBER ITEMS FOR FUTURE CONSIDERATION

SECOND CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)
Persons wishing to speak on an unscheduled matter are requested to identify themselves by completing a blue speaker and to give the card to the City Clerk. Each person will have up to 3 minutes to speak. The City Clerk will call upon those that wish to speak.

CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY AB 1234/GENERAL

COMMENTS

ADJOURN THE MEETING OF THE CITY COUNCIL/SUCCESSOR

AGENCY/HOUSING AUTHORITY
The next Regular Meeting of the Fountain Valley City Council is March 19, 2024 at 6:00 p.m., in the Fountain Valley Council Chambers, 10200 Slater Avenue, Fountain Valley.

City of Fountain Valley
Memorandum
TO: Honorable Mayor and City Council
FROM: Rob Frizzelle, Community Services Director
DATE: February 28, 2024
SUBJECT: Study Session Item; Mile Square Park Parking Meter Zone ____________________________________________________________________________ EXECUTIVE SUMMARY:

Staff has been requested to provide updated information on the potential establishment of a “parking meter zone”, around the adjacent exterior streets of Mile Square Regional Park (MSP).

According to California Vehicle Code Section 22508, a parking meter zone may be established by ordinance per the section d, below
• (d) An ordinance adopted pursuant to this section establishing a parking meter zone or fixing rates of fees for that zone shall be subject to local referendum processes in the same manner as if the ordinance dealt with a matter of purely local concern.

This proposed parking meter zone could help to provide the follow benefits to City of Fountain Valley Residents:
• Traffic management around the park area
• Ability for park users to find available parking
• More efficient use of limited parking spaces
• Increased pedestrian and vehicular safety around MSP
• Increased access to MSP
• Possible General Fund Revenue
DISCUSSION:

Mile Square Park, is a popular recreational area attracting numerous visitors daily. The park offers various amenities including playgrounds, picnic areas, sports facilities, and nature trails.

In addition, special events held at the park can significantly increased visitors. As a result, parking demand around the park's perimeter has continued to increase for the limited amount of parking spaces inside and outside of the Park.

To address these issues and improve parking management, the City Council directed the Staff to explore the feasibility of establishing a metered parking zone along the exterior streets surrounding Mile Square Park.

If the City Council desires to create a metered parking area around the perimeter of Mile Square Park, the process would first entail the adoption of an ordinance establishing the metered parking

area subject to California Vehicle Code Section 22508 (d). Once adopted, the City would need to implement a parking solution for for the proposed parking meter zone around MSP. Staff has researched various options available, which are summarized below:
• Individual Parking Stalls and Meters
• Pay Stations
• Pay-by-Phone App/Web based payment
Due to the logistical and fiscal impacts related to the installation, maintenance, and collection of physical pay stations and individual parking meters, if metered parking is implemented, staff would recommend the use of a Pay-by-Phone App/Web based parking solution. The phone based parking solution only requires installation of parking signs at the cost of the City for implementation. Additionally, with limited implementation cost, the phone based parking solution would provide the city with the opportunity to create the parking meter zone as a pilot program with an identified timeline.

All parking meter zones will require, at the cost of the City, parking enforcement and payment processing. City staff recommends outsourcing both the parking enforcement operations and payment processing to limit impacts on current staffing levels.

City staff worked with ParkMobile, a leading mobile and web app developer providing parking payments to over 500 Municipalities, to provide City Council with further information on this paid parking solution. Through a vendor such as ParkMobile, users can pay for on street and off-street parking via an app on their smartphone, web browser, or through calling a phone number.

ParkMobile has provided a presentation for City Council review, that will be presented at the March 5 City Council Study Session, and is attached to this memo.

FINANCIAL IMPACTS:

The establishment of a metered parking zone will generate revenue through parking fees, which can be allocated towards establishment and enforcement of the metered parking zone.

In regards to parking rates, if the City Council implements a metered parking zone, City Staff would recommend aligning the parking meter zone fees around the exterior MSP to the fees charged by OC Parks within the park. MSP interior parking fees are as follows; Motorized Vehicle Entry and Parking Fees:
• Monday - Friday $3 per vehicle entry.
• Saturday and Sunday $5 per vehicle entry. ($3 per vehicle at a wilderness park or nature preserve seven days a week)
Motorized Vehicle Entry Fees for Regional Parks with Entrance Booths for holidays and special occasions are as follows:
• Easter Sunday and Mother's Day: $7 for all parks,
• Memorial Day, July 4, Labor Day: $7 for all parks, All other holidays: $3 or $5 depending on the day of the week
• Persian New Year: $15, Mason Park only
Parking revenue per transaction estimates based on the $3 ($2.26) and $5 ($4.20) rates provided by ParkMobile are attached (with ParkMobile as Merchant of Record).

However, fee structures for municipal parking meter zones differ greatly (Daily, Hourly, Monthly, and Annual). Please find applicable parking rates from local Orange County Cities.

Huntington Beach
Sports Complex
Day Use $2
Season Parking Pass $20
Annual Parking Pass (3 seasons) $60
Vehicles over 20 feet, including overhangs [Day] $20
Other areas of the City range from $3 to $4 per hour depending on off-peak versus peak hours.

Santa Ana
Parking Garages
2-Hours Free on Evenings & Weekends
All city-owned parking structures offer 2-hours free parking on evenings and weekends (does not apply on special event days).

Parking Rates
$1.50 per hour
$10 maximum daily rate
Parking Meters
Rate Breakdown (based on location)
$2.00/Hour $1.00/Hour
Dollar = 30 min. 60 min.

Quarter =7.5 min. 15 min.

Dime = 3 min. 6 min
Nickel = 1.5 min. 3 min.

Newport Beach
Balboa Pier Parking Lot
Vehicle Type Time of Year Per
Hour
Daily
Rate Note
Automobile May-September $ 3.40 $ 34.10
Automobile October-April $ 2.30 $ 35.05
Automobiles Memorial Day, July 4th, Labor
Day
$ 4.65 $ 46.75
Buses Commercial Use May-September $

10.10 $
100.95
Buses Commercial Use October-April $ 6.90 $ 69.05
Buses School Use May-September $ 5.05 $ 50.45
Buses School Use October-April $ 3.45 $ 34.55
Motorcycles & Disabled Persons May-September $ 1.75 $ 17.55 Motorcycles & Disabled Persons Memorial Day, July 4th, Labor Day
$ 2.90 $ 29.25

Motorcycles & Disabled Persons October-April $ 1.15 $ 29.25 Recreational Vehicles (no
camping)
May-September $ 3.40 $ 34.10 Per Parking Space
Occupied
Recreational Vehicles (no
camping)
Memorial Day, July 4th, Labor
Day
$ 4.65 $ 46.75 Per Parking Space
Occupied
Recreational Vehicles (no
camping)
October-April $ 2.30 $ 35.05 Per Parking Space
Occupied
Corona Del Mar Main Beach Parking Lot
Time of Year Per Hour Daily
Rate Note
May-September $ 4.40 $ 26.55 6 AM - 9 AM & 6 PM - 10 PM May-September $ 7.05 $ 26.55 9 AM - 6 PM
October-April $ 2.65 $ 26.55 Weekdays 6 AM - 10 PM
October-April $ 4.40 $ 26.55 Weekends 6 AM - 9 AM & 6 PM - 10 PM October-April $ 7.05 $ 26.55 Weekends 9 AM - 6 PM
Memorial Day, July 4th, Labor
Day
$ 7.05 $ 35.40 6 AM - 10 PM
RECOMENDATION:

City Staff requests City Council direction related to creating a “Parking Meter Zone” as identified in CVC 22508.

Sample Transaction Fee and Credit Card Processing Breakdown Rate type: Daily
Parking Fee Amount - daily $3.00
ParkMobile Convenience Fee $0.45
Transaction Total (paid by consumer) $3.00
Credit Card Processing (Paid by the Client)
ParkMobile can provide turnkey credit card
processing at a rate of 3% + $0.20 per transaction
CC Processing: 3% of Transaction Total
($Transaction Total x 3%) $0.0900
CC Processing: Fixed $0.20 per transaction $0.20
Total Credit Card Processing Cost $0.2900
Total Transaction Processed (Full Parking Fee
Amount + Transaction Fee) $3.00
Client's Net Revenue (Total Transaction
Amount Minus Credit Card Processing Costs) $2.26
Sample Transaction Fee and Credit Card Processing Breakdown Rate type: Daily
Parking Fee Amount - daily $5.00
ParkMobile Convenience Fee $0.45
Transaction Total (paid by consumer) $5.00
Credit Card Processing (Paid by the Client)
ParkMobile can provide turnkey credit card
processing at a rate of 3% + $0.20 per transaction
CC Processing: 3% of Transaction Total
($Transaction Total x 3%) $0.1500
CC Processing: Fixed $0.20 per transaction $0.20
Total Credit Card Processing Cost $0.3500
Total Transaction Processed (Full Parking Fee
Amount + Transaction Fee) $5.00
Client's Net Revenue (Total Transaction
Amount Minus Credit Card Processing Costs) $4.20

ParkMobile by the numbers
60 Million+
Users
nationwid e
500+
citie s &
municipalitie s
150+
unive rs itie s
25+
airports
15 Million+
monthly
trans actions
47 of the top
10 0 citie s
• Ranke d # 3 in the Navigation cate gory of the app s tore only be hind Waze and Google Maps
• Adopte d by ove r 1 in 11 U.S. drive rs
• 6 Million Us e rs in California
2 The ParkMobile network
On-De mand
Re s e rva tions
Both
Top Marke ts
Was hington, DC
Philad e lphia, PA
Los Angeles, CA
De nve r, CO
Pitts b urgh, PA
San Diego, CA
Atlanta, GA
Bos ton, MA
The ParkMobile ne twork conne cts drive rs to the large s t ne twork of mobility re late d s e rvice s in the U.S., with parking in ove r 500 citie s including 7 of the top 10 in the U.S.

Cle ve land , OH
Tampa, FL
Birmingham, AL
Dallas , TX
Miami Be ach, FL
Orange County, CA
Phoe nix, AZ
Ne w Orle ans , LA
25% of ParkMobile
members use our app as
they travel across markets.

Example: Santa Ana to
Fountain Valley
3 Making it easier to park and pay
Scan to park Text to park Guest checkout 4
The most feature rich, flexible and user -frie ndly
mobility s olution in the indus try
More functionalitie s to addre s s all drive r ne e ds and us e cas e s Zone parking
Map Vie w s howing
points of inte re s t
in the local are a
Re al-time ons tre e t Parking
Availab ility he lps
d rive rs find are as
with ope n s pots
Auto- detects
ne arby zone s for
quick one -touch
zone entry
Clus te re d pins
re ve al multiple
zone s whe n
touched
Other features
5 Exte nd time
Notifications
Find my car
Manage ve hicle s
Ad d and re move
payment methods
Enforce me nt Inte gration
24/7/365 customer
support
Google & Apple Pay
Gue st che ckout
Pay via app, IVR,
QR cod e , or gue s t
web checkout
6 PM 3 60 Analytics & Re porting
• Easy -To-Read Reporting Dashboard View: With
ParkMobile 3 6 0 , data is de live re d in an attractive , easy-to-re ad format with charts and graphs for
monitoring tre nds and drawing ins ights .
• Scheduled Reports Delivered to Your Inbox:

ParkMobile 3 6 0 offe rs the ability to dis tribute the right information to the right pe ople by s che duling daily, we e kly, or monthly re porting e mails to s e le ct
me mbe rs in an organization.
• Filter By Date and Supplier: ParkMobile 3 6 0 offe rs the ability to filte r data by date range and s upplie r, making it e as y to pull the data and compare his torical tre nds . • Download ParkMobile 360 Reporting Data in Multiple
Formats: With ParkMobile 3 6 0 , a us e r can quickly and e as ily download data in in .xls , .cs v, and .pdf formats .

ParkMobile’s rapid deployment of pay - by- ce ll
Contract s igne d 30 days 60 days 90 days
Time to go -live after contract finalized
Phoe nix, AZ • Less than 60 days
University of Arizona: • Less than 60 days
University of San
Diego • Less than 45 days
Allentown, PA
Pittsburgh, PA • Less than 45 days
Columbus, OH • 30 days
• 11 days
8 ParkMobile has s ucce s s fully
launche d the large s t and mos t
comple x programs in the indus try
Thank you!
Madison Huemmer
[email protected]
(619)707-1264
City of Fountain Valley
Memorandum
TO: Honorable Mayor and City Council
FROM: Colin Burns, Attorney for the City
Rick Miller, City Clerk-Risk Administrator
DATE: March 5, 2024
SUBJECT: Study Session on Transient Occupancy Taxes
______________________________________________________________________________ EXECUTIVE SUMMARY:

Staff was asked to explore and report on various funding mechanisms, including Transient Occupancy Taxes (TOT). This study session will include a discussion on legal issues associated with Transient Occupancy Taxes, comparative data regarding neighboring jurisdictions, and procedural discussions for increasing City’s TOT, if desired.

DISCUSSION:

Cities may impose a “transient occupancy tax” on persons staying 30 days or less in hotels, motels, and similar lodgings. (Rev. and Tax Code (RTC) §§ 7280 et seq.) Some TOTs are expressed as a flat rate per night, while most are expressed as a percentage of the room rate, including Fountain Valley’s current TOT. Imposing or increasing a TOT is subject to constitutional voter approval requirements.

TOT is imposed on “the privilege of occupying a lodging.” (RTC 7280.) The hotel operator collects the tax from lodgers and remits the tax to the City.

The City’s current TOT is 9%. Staff surveyed surrounding jurisdictions’ TOT rates and found a range of 8% to 15%. The City’s current 9% TOT rate provides revenue of $1,522,874.80 annually.

Based on current revenue levels, Staff anticipates that each percentage increase in the TOT rate would result in an additional $169,208.31 of revenue for the City.

Staff is requesting that the City Council receive and file Staff’s presentation and is seeking City Council’s direction on whether to move forward with a potential TOT ballot measure.

Transient Occupancy Tax
City of Fountain Valley
Transient Occupancy Tax
General Background
•Originally to compensate local government
•Currently a stable source of general fund monies
•To date, no cap
•Any new or increased TOT requires a vote
Exceptions to TOT
•Prohibits TOT on a “time-share estate”
•No tax on state park campsites
•TOT applies to state employees, not federal
Revenue and Taxation
Code 7280
•Authorizes general law city to tax
•Authority to tax 30 days or less in hotels
City’s TOT Ordinance
Recordkeeping Requirement
•Keep records for 3 years
•Records available for inspection
•Use an auditor
City’s Authority to Collect TOT
Power to impose TOT includes collection
Patel v. City of Gilroy
97 Cal. App. 4th483 (2002)
•Does not have any conflicts
•Only applies to “transients” as defined
•Invalidated because the definition of “transient”
was confusing
•90-day versus 30-day time limit was vague
City of San Bernardino
Hotel/Motel Assn v City of San Bernardino,
59 Cal. App. 4th 237(1997)
Britt v City of Pomona
223 Cal. App. 3d 265 (1990)
Court holding: Must distinguish between
transients and persons in residence
Batt v. City and County of San Francisco
184 Cal. App. 4d 163 (1990)
Court holding: May tax imputed value
of breakfast included in room rate.

In re Transient Occupany Tax Cases
2 Cal.5th 131 (2016)
Court holding: May tax imputed value
of breakfast included in room rate.

TOT has been called a “painless” tax
Opponents are the owners and operators of
hotels and motels
TOT as a Percentage
Hotel Room Rate
•TOT as flat charge
•TOT as a percentage
Voter Approval Required
•TOT General Tax
•New TOT or increase needs vote
•Requires majority vote
Voter Approval Required
• TOT Special Tax
•Requires 2/3 vote
Voter Approval Required
But … California Business
Roundtable Measure????
Surrounding City TOT Rates
15% - Anaheim, Buena Park

14.5% - Garden Grove
13% - Tustin
12% - La Palma, Laguna Beach, Seal Beach, Stanton
11% - Santa Ana
10% - Aliso Viejo, Brea, Cypress, Dana Point, Fullerton, Huntington Beach, Laguna Hills, Laguna Woods, Lake Forest, Newport Beach, Orange, Placentia, San Juan Capistrano, San Clemente, Yorba Linda 9% - Fountain Valley
8% - Costa Mesa, Irvine, Laguna Niguel, Los Alamitos, Mission Viejo, Westminster * * La Habra, Rancho Santa Margarita and Villa park do not have a TOT.

Average TOT for all orange County Cities – 9.51%
Average TOT for all cities with a TOT – 10.79%
TOT Revenue
Annual Tot Revenue for FY 22/23 = $1,522,874.80
Each Percentage of TOT is equal to = $169,208.31

MINUTES OF THE

CITY COUNCIL/ SUCCESSOR AGENCY TO THE FOUNTAIN

VALLEY AGENCY

FOR COMMUNITY DEVELOPMENT/ FOUNTAIN VALLEY

HOUSING AUTHORITY
Closed Session 4:00 p.m.

Study Session 4:30 p.m.

Regular Meeting 6:00 p.m.

Tuesday, February 20, 2024
Council Chambers

CLOSED SESSION
CALL TO ORDER 4:00 p.m.

PUBLIC COMMENTS (Closed Session matters only)
There were no public comments

1. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code §54957.6.

Agency Designated Representatives: City Manager, Maggie Le, Finance Director, Ryan Smith, Human Resources Director, Carrie Hanes, Community Development Director / Deputy City Manager, Omar Dadabhoy, Attorney for the City, Colin Burns Employee Organizations: Police Officers' Association (POA), Police Officers' Management Unit (POMU), Fire Association (FVFA), Fountain Valley Municipal Employees Association (Field Services unit), Fountain Valley General Employees Association (FVGEA), Fountain Valley Professional and Technical Employees (P&T), Individually Represented Battalion Chiefs and Individually Represented P&T (IRP&T)
No Reportable Action

2. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9:
(1 potential case)
No Reportable Action

STUDY SESSION
CALL TO ORDER 4:35 p.m.

PUBLIC COMMENTS (Study Session matters only)
Katy Wright, Lyle Scheppele, Evan Jorgensen, Cheryl Brothers, Anne Bettinger

1. Economic Development Plan Priorities
Omar Dadabhoy, Community Development Director provided the City Council with an update on the City’s Economic Development Plan.

2. Best practice for a multi-year systematic approach to program and fund building maintenance needs for City facilities
Scott Smith, Public Works Director introduced Tony Simpson if ISES Corporation to review their plan for how the city can move forward with maintaining all there facilities.

3. Public Notices Assessment
Omar Dadabhoy, Community Development Director introduced John Baralone and Kylie Sun of Tripepi Smith. They reviewed the current noticing practices used by the City comparing them to what other jurisdictions do.

OPEN SESSION
CALL TO ORDER 6:13 p.m.

INVOCATION Pastor Tom Bjorquist
SALUTE TO THE FLAG Council Member Patrick Harper

CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY/ ROLL CALL Council Members Present: Constantine, Cunneen, Harper, Vice Mayor/Vice Chair Bui, Mayor/Chair Grandis

Council Members Absent: None

ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS
None

PRESENTATIONS
 Certificates of Recognition to the 2024 Miss Fountain Valley Winner Love Bradley and Her Court – Presentation by Mayor Grandis
Mayor Grandis presented Certificates of Recognition to 2024 Miss Fountain Valley winner Love Bradley and her court.
 Presentation of Retirement Proclamations to Police Chaplains Tom Bjorquist and Wayne Wilson – Presentation by Mayor Grandis

Mayor Grandis presented Proclamations to retiring Police Chaplains Tom Bjorquist and Wayne Wilson.
 Presentation on Customer Service Survey – Presentation by Rob Frizzelle, Community Services Director
Community Services Director Rob Frizzelle presented the results from the most recent customer satisfaction survey that was introduced by the City.  Request for Support of AB 1805 – Presentation by Assemblyman Tri Ta Assemblyman Tri Ta presented his request for the City Council to support AB 1805.

FIRST CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)
Katy Wright, Malinda Sterbling, Donna

CONSENT CALENDAR
Consent Calendar Items 1 – 4 were approved simultaneously. Item number 4 was pulled by Mayor Grandis for discussion.

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

ACTION: Move to waive the reading in full of all ordinances under consideration and direct the Mayor to read by titles only
MOTION: Harper SECOND: Constantine
AYES: Constantine, Cunneen, Harper, Bui, Grandis
NOES: None
ABSENT: None
ABSTAIN: None

2. Receive and File the Draft Minutes of the January 30, 2024 Adjourned Regular Meeting ACTION: Move to Receive and File the Draft Minutes of the January 30, 2024 Adjourned Regular Meeting
MOTION: Harper SECOND: Constantine
AYES: Constantine, Cunneen, Harper, Bui, Grandis
NOES: None
ABSENT: None
ABSTAIN: None

3. City of Fountain Valley Six Month Strategic Objectives Update for November 16, 2023 through May 23, 2024.

ACTION: Move to Approve the City of Fountain Valley Six Month Strategic Objectives Update for November 16, 2023 through May 23, 2024.

MOTION: Harper SECOND: Constantine
AYES: Constantine, Cunneen, Harper, Bui, Grandis
NOES: None
ABSENT: None
ABSTAIN: None

4. Approve the Register of Demands for the period of 1/20/2024 to 2/9/2024 ACTION: Move to Approve the Register of Demands for the period of 1/20/2024 to 2/9/2024
MOTION: Harper SECOND: Constantine
AYES: Constantine, Cunneen, Harper, Bui, Grandis
NOES: None
ABSENT: None
ABSTAIN: None

PUBLIC HEARINGS

5. Continued -- A Public Hearing regarding the adoption of a Resolution to establish an Inclusionary Housing In-Lieu Fee
Public hearing Opened - 7:30 p.m.

Public Comments – Adam Wood
Public hearing Closed – 7:34 p.m.

ACTION: Move to Approve the adoption of a Resolution to establish an Inclusionary Housing In-Lieu Fee
MOTION: Cunneen SECOND: Bui
AYES: Cunneen, Harper, Bui, Grandis
NOES: Constantine
ABSENT: None
ABSTAIN: None

ADMINISTRATIVE ITEMS

6. Rehabilitation and Resurfacing of Warner Avenue and Ellis Avenue from Brookhurst Street to Bushard Street and Improvements on Slater Avenue, Project #24010 ACTION: Move to Approve the Rehabilitation and Resurfacing of Warner Avenue and Ellis Avenue from Brookhurst Street to Bushard Street and Improvements on Slater Avenue, Project #24010
MOTION: Constantine SECOND: Grandis
AYES: Constantine, Cunneen, Harper, Bui, Grandis
NOES: None
ABSENT: None
ABSTAIN: None

7. Approve Construction Contract for Capital Improvements City of FV Sourcewell ezIQC Contract Horizons Construction Company Int’l for Sports Park Restroom Repairs for $151,359.16 & approve offsetting Budget Amendments of $128,027 to revenue & expense ACTION: Move to Approve the Construction Contract for Capital Improvements City of FV Sourcewell ezIQC Contract Horizons Construction Company Int’l for Sports Park Restroom Repairs for $151,359.16 & approve offsetting Budget Amendments of $128,027 to revenue & expense
MOTION: Harper SECOND: Constantine
AYES: Constantine, Cunneen, Harper, Bui, Grandis
NOES: None
ABSENT: None
ABSTAIN: None

8. Approve an agreement with Rogers, Anderson, Malody & Scott, LLP (RAMS) to perform professional audit services
ACTION: Move to Approve an agreement with Rogers, Anderson, Malody & Scott, LLP (RAMS) to perform professional audit services
MOTION: Constantine SECOND: Cunneen
AYES: Constantine, Cunneen, Harper, Bui, Grandis
NOES: None
ABSENT: None
ABSTAIN: None

APPOINTMENTS

9. Committee, Commission and Board Appointments for 2024 – Presentation by Rick Miller, City Clerk
Measure HH Committee Alternate
By a 5-0 vote, Al Schwerin was appointed as the Measure HH Committee Alternate

COUNCIL MEMBER ITEMS FOR FUTURE CONSIDERATION
None

CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)
None
CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY AB 1234/GENERAL COMMENTS Vice Mayor Bui
January 31 Attended the 2024 Water Policy Forum
February 4 Attended the Miss Fountain Valley Scholarship Program February 7 Attended the Ribbon Cutting at Dutch Bros.

February 8 Attended the Chamber of Commerce Government Affairs February 9 Attended the AQMD Meeting
February 10 Attended the TET Parade in Westminster and the UVSA TET event February 11 Attended the Viet Newspaper 45th Anniversary event February 12 Attended the PCTA Zoom Meeting and the Golden West College Welcoming their 9 th President Meredith Randall
February 13 Attended the Valentines Event at our Senior Center February 14 Attended the State of the City event in Stanton and the OC San meeting February 15 Attended the State of the City event
Council Member Cunneen
February 2 Attended the Training in Los Angeles for the incoming President Elects for Rotary February 4 Attended the Miss Fountain valley Scholarship Program February 7 Attended the Ribbon Cutting at Dutch Bros.

February 10 Attended the TET Parade in Westminster
February 15 Attended the State of the City Event
February 20 Attended Rotary Club’s Most Improved Student Awards Mayor Grandis
February 2 Attended the LAIN Interview and the Valentines Dance for Persons with Disabilities February 3 Attended the Fountain Valley Lunar New Year event February 4 Attended the Miss Fountain valley Scholarship Program February 8 Attended the Chamber Network at Night
February 9 Attended the Cal Cities OC Division Board Meeting and the Advanced Beauty New

Year’s Celebration
February 10 Attended the Westminster TET parade and the Orange County TET celebration at Mile Square Park
February 13 Attended the Senior Luncheon Valentines theme and the Summerfest Committee Meeting
February 14 Attended the Stanton State of the City
February 15 Attended the State of the City event and the Community Foundation meeting February 16 Attended the CAL Optima meeting
February 20 Attended the Rotary Most Improved Student event and the Reptile Zoo event with the Harlem Globetrotters
Council Member Constantine
January 31 Listened to the California Office of Emergency Services (CALOES) hosting a “February Storms Briefing” on Zoom, then listened to the California Secretary of State’s “What You Need to Know as a California Voter: Life Cycle of a Ballot” on Zoom. Later, I attended the ACCOC (Association of California Cities - Orange County) Dinner: “Governing in the Era of Artificial Intelligence” at the Pacific Club in Newport Beach.

February 2 As I do each and every month start, delivered around to many donut/sandwich shops and other local businesses, approximately 120 Center Piece Newsletters — our Founders Village Senior and Community monthly newsletter. Later, I participated in the Fountain Valley Advisory Committee for Persons with Disabilities “Valentine’s Dance” at The Center at Founders Village Senior and Community Center.

February 3 Attended the Annual Lunar New Year Festival at the Fountain Valley Recreation Center, then listened to the ACCOC (Association of California Cities - Orange County) Podcast with Stephanie Klopfenstein, the organization’s President.

February 4 Attended the Miss Fountain Valley 2024 Scholarship Competition with Little Princess Program at Goldenwest College in Huntington Beach. The event was nearly a sell out and Love Bradley was crowned Miss Fountain Valley.

February 5 Stopped in at the AARP Tax Assistance at The Center at Founders Village Senior and Community Center.

February 6 Listened to the Orange County Board of Supervisors Meeting on the County’s website.

February 7 Participated in the City of Fountain Valley’s Dutch Bros. Soft Opening and Ribbon Cutting event, then listened to the ACCOC (Association of California Cities - Orange County) podcast with Sue Parks, President & CEO of Orange County United Way Jerry Amante, and Elizabeth Andrade, Director of Orange Cponty United Way’s 2-1-1 Program. In the evening, I attended our HCD (Housing and Community Development Meeting at FV City Hall, then did a to go order from Chipotle with the fundraiser for Fountain Valley High School Junior Commission.

February 8 Attended the Fountain Valley Chamber of Commerce GAC Meeting (Government Affairs Council Meeting at Sonesta, then attended the Fountain Valley Public Works Super Bowl BBQ for City staff at our City Yard. It was so well attended and the food was delicious! That evening, I attended the Fountain Valley Chamber of Commerce Network at Night at Los Caballeros, followed by the (FVRA) Fountain

Valley Republican Assembly Meeting at IHOP in Huntington Beach in which the speaker was local activist Mitch Clemmons.

February 9 Stopped in at the movie for senior citizens “Valentine’s Day” at The Center at Founders Village Senior and Community Center. That evening, I attended Anthony’s Salon & So Delicious Studios Presents “Divas on Canvas Art Show” at Anthony’s Beauty Salon (Orange Coast Beauty Supply), then the dance for senior citizens at The Center at Founders Village Senior and Community Center, with live music by the Then and Now Band, then first day of the TET Festival at Freedom Hall.

February 10 Attended the annual Hue Oi TET Celebration in their parking lot event. They had a nice-sized crowd enjoying the lion and traditional dream performances. In the evening, attended the second day of the TET Festival at Freedom Hall.

February 11 In the afternoon, attended the third day of the TET Festival at Freedom Hall, then the Super Bowl festivities at Silky Sulllivan’s, followed by stopping in at the Eagle Forum Orange County Meeting at Huntington Valley Baptist Church, Fountain Valley in which the speaker was Mark Schneider with “The Consequences of America’s Educational Rot”.

February 12 Participated in “Free the Files” Day at FV City Hall in the early evening, as I had meetings and other obligations earlier.

February 13 Attended the Valentine’s Day Luncheon for senior citizens at Founders Village Senior and Community Center. The nice-sized crowd of attendees enjoyed music from a barbershop quartet.

February 14 Attended the Fountain Valley Planning Commission Meeting at FV City Hall.

February 15 Participated in the annual Trustee Open House Event with Habit Burger truck and monthly Orange County Mosquito and Vector Control District Board Meeting at the Orange County Mosquito and Vector Control District Office in Garden Grove. That evening, attended the Fountain Valley Community Foundation Board Meeting and the Fountain Valley Community Volunteer Meeting at Founders Village Senior and Community Center.

February 17 Attended the grand opening of Cigar Haus at 16560 Harbor Blvd. That was truly fabulous with many giveaways and goody bags. Fellow attendees enjoyed cigar rolling, hot, fresh pizza, and their celebratory cake capped off with live music the whole event. I stayed several hours.

Council Member Harper
January 31 Attended the ACCOC Policy Dinner
February 3 Attended the Lunar New year event at the Recreation Center February 5 Attended the OCTA Regional Transportation Planning Committee February 7-9 Attended the CALCOG Leadership Forum
February 10 Attended the TET Parade in Westminster and TET Festival at Mile Square Park February 12 Attended the OCTA Board Meeting
February 14 Attended the OCTA Finance Committee Meeting February 15 Attended the Fountain Valley State of the City February 16 Attended the Hydrogen Tour at Santa Ana Bus Base

ADJOURN THE MEETING OF THE CITY COUNCIL/SUCCESSOR AGENCY/HOUSING

AUTHORITY

Mayor Grandis Adjourned tonight’s meeting in the memory of Chris Fowler Mayor Grandis adjourned the meeting at 8:09 pm to the next Meeting of the Fountain Valley City Council on March 5, 2024 at 6:00 p.m., in the Fountain Valley Council Chambers, 10200 Slater Avenue, Fountain Valley.
________________________________________________________________________________________________________________________________ Glenn Grandis, Mayor
Attest:
___________________________
Rick Miller, City Clerk

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: March 5, 2024
Members of the City Council
SUBJECT: City of Fountain Valley Register of Demands for the period of 2/10/2024 to 2/23/2024
Three-Year Strategic Goals
☐ Enhance the culture and environment of “A Nice Place to Live” ☒ Achieve fiscal stability by evaluating processes, and attract and retain revenue producing businesses/opportunities
☐ Attract and retain quality staff through best practices and trends ☐ Maintain, build, and modernize infrastructure to support growth and future needs of the City ☐ Not applicable
EXECUTIVE SUMMARY:

Attached is the Register of Demands for the City of Fountain Valley to be ratified by the City Council.

DISCUSSION:

Pursuant to the State of California’s Government Code 37201 through 37210, the Director of Finance or their designated representative hereby certify to the accuracy of the following demands and to the availability of funds for payment thereof. Demands paid by the city shall be inspected and ratified by the legislative body on the next available Council agenda. The Finance Department has prepared the attached Register of Demands summarizing the City's payments released since the previous City Council meeting.

FINANCIAL ANALYSIS:

The attached Register of Demands represents payments made by the City of Fountain Valley between 2/10/2024 and 2/23/2024 for a total of $1,255,633.59.

ATTORNEY REVIEW:

The Attorney for the City reviewed this staff report and concurs with the recommended action.

PUBLIC NOTIFICATION:

Not applicable.

Register of Demands
March 5, 2024

ALTERNATIVES:

Alternative No. 1: Approve the attached Register of Demands.

Alternative No. 2: Do not approve as presented and provide direction to staff.

RECOMMENDATION:

Staff recommends Alternative No. 1 to approve the attached Register of Demands representing payments made by the City of Fountain Valley between 2/10/2024 and 2/23/2024 for a total of $1,255,633.59.

Prepared by: Ryan Smith, Finance Director
Reviewed by: Colin Burns, City Attorney
Approved by: Omar Dadabhoy, Deputy City Manager/Community Development Director
Attachment 1: Register of Demands 2/10/2024 to 2/23/2024.

City Of Fountain Valley
Register of Demands
2/10/2024 - 2/23/2024
Department
Check
Date Vendor Description Doc #
Check/ACH
# Amount
10000000 NON-DEPARTMENTAL
02/16/24 U.S. BANK CORPORATE CITY P-CARDS JAN 2024 4246 0445 5574 3131 22695 1601 37,064.26 TOTAL NON-DEPARTMENTAL 37,064.26
10010100 CITY COUNCIL
02/21/24 AMAZON STATE OF THE CITY SUPPLIES 22111 1603 61.77 TOTAL CITY COUNCIL 61.77
10010103 OFFICE OF CITY MANAGER
02/22/24 QUANTUM SIGNS & GRAP COUNCIL PORTRAITS AT REC CENTER 22352 2309572 163.13 TOTAL OFFICE OF CITY MANAGER 163.13
10010104 ADMIN SERVICES
02/22/24 LIEBERT, CASSIDY & W LITIGATION - D TAYLOR 22535 2309564 81.00 TOTAL ADMIN SERVICES 81.00
10020200 HUMAN RESOURCES
02/14/24 AT&T MOBILITY HR CELL PHONES 12/27/23 - 1/26/24 22451 2309494 90.14 02/14/24 VERIZON WIRELESS HR DEPT CELL PHONES 1/26 - 02/25/24 22453 2309534 125.73 02/22/24 DEPARTMENT OF JUSTIC JANUARY 2024 HR PARTIAL PMT 22680 2309556 94.00 02/14/24 AMAZON HR OFFICE SUPPLIES - USB HUB 22531 1587 86.96 02/14/24 AMAZON HR OFFICE SUPPLIES - PANEL SUPPLIES 22534 1588 49.44 TOTAL HUMAN RESOURCES 446.27
10030300 PLANNING
02/21/24 BROTHERS, CHERYL FEB'24 - CB COMMISSIONERS STIPEND 22681 1604 50.00 TOTAL PLANNING 50.00
10030301 BUILDING & SAFETY
02/22/24 AT&T MOBILITY 12/27/23-01/26/24 -BLDING AND CDBG CE CELL & 22454 2309547 40.24 02/22/24 VERIZON WIRELESS VERIZON WIRELESS REC CTR PLNG MIFI 12/23 - 22577 2309590 38.01 TOTAL BUILDING & SAFETY 78.25
10040400 FINANCE
02/14/24 DAVIS FARR LLP AUDIT - 2ND PROGRESS BILLING FY 22/23 20825 2309505 28,530.00 02/14/24 HINDERLITER, DE LLAM OCT-DEC'23 SALES TAX SERVICES 22463 2309514 3,198.89 02/14/24 HINDERLITER, DE LLAM OCT-DEC'23 MEASURE HH TAX SERVICES 22462 2309514 402.05 02/14/24 GOVERNMENTAL FINANCI FY22/23 SCO FINANCIAL TRANSACTIONS 22464 2309512 4,500.00 TOTAL FINANCE 36,630.94
10040401 PURCHASING
02/14/24 SPARKLETTS CH WATER DELIVERY 1/17 & 1/31/24 22449 2309528 477.06 TOTAL PURCHASING 477.06
10050500 ENGINEERING
02/22/24 VERIZON WIRELESS 11/26/23 TO 12/25/23 - ENGINEERING CELL 22687 2309596 88.78

02/22/24 VERIZON WIRELESS 12/26/2023 TO 01/25/2024 - ENGINEERING CELL 22688 2309597 88.82 02/22/24 AT&T MOBILITY CELL PHONE 12/27/23-01/26/24 TG, KK, KH, SS 22689 2309549 181.80 TOTAL ENGINEERING 359.40
10050503 STREET LIGHTING
02/14/24 SO CALIF EDISON CO STREET LIGHTS - NEW 1/1 -1/31/24 22448 2309527 17,623.58 TOTAL STREET LIGHTING 17,623.58
10050550 RIGHTS-OF-WAY
02/22/24 JHM SUPPLY, INC BACKFLOW DEVICES FOR ROW IRRIGATION 22795 2309562 1,502.48 02/22/24 SO CALIF EDISON CO 12/21/23-1/22/24 MEDIANS ELECTRICITY 22746 2309579 645.21 TOTAL RIGHTS-OF-WAY 2,147.69
10050551 TREE MAINTENANCE
02/22/24 G&G TROPHY TREE MONUMENT AT SPORTS PARK 22751 2309558 364.24 TOTAL TREE MAINTENANCE 364.24
10050552 PARK MAINTENANCE
02/22/24 SAKIOKA WHOLESALE NU CH - PARKING LOT LANDSCAPING 22441 2309576 1,018.24 TOTAL PARK MAINTENANCE 1,018.24
10050553 CONCRETE MAINTENANCE
02/22/24 UNITED RENTALS NORTH EQUIP RENTAL - HYDRANT RELOCATION 9550 22789 2309586 294.44 02/22/24 UNITED RENTALS NORTH EQUIP RENTAL - HYDRANT RELOCATION 9550 22792 2309587 302.59 TOTAL CONCRETE MAINTENANCE 597.03
10050554 PAVEMENT MAINTENANCE
02/22/24 ALL AMERICAN ASPHALT ASPHALT RAMPS ON SIDEWALKS-VARIOUS 22315 2309541 265.33 02/22/24 GRAINGER, INC. 60 BAGS OF COLD PATCH 22323 2309560 2,559.76 02/22/24 ALAN'S LAWNMOWER & G SFTY SUPPLIES - LEATHER GLOVES 22321 2309540 423.11 02/22/24 VULCAN MATERIAL COMP UTILITY REPAIR 18329 MT WATERMAN 22798 2309601 283.47 02/22/24 VULCAN MATERIAL COMP UTILITY REPAIR 18329 MT WATERMAN 22800 2309602 283.47 02/22/24 VULCAN MATERIAL COMP UTILITY REPAIR 11677 QUARTZ 22802 2309603 399.33 02/22/24 VERIZON WIRELESS STREETS CELL-JAN (DEC 26 2023-JAN 25 2024) 22786 2309600 298.03 TOTAL PAVEMENT MAINTENANCE 4,512.50
10050555 STORM DRAIN MAINT
02/14/24 MICHAEL BAKER INTERN NPDES PROGRAM MGMT - THRU OCT 1, 2023 22465 1597 3,006.00 02/14/24 MICHAEL BAKER INTERN NPDES PROGRAM MGMT - THRU DEC 3, 2023 22466 1597 2,369.00 TOTAL STORM DRAIN MAINT 5,375.00
10050556 TRAFFIC CONTROL
02/22/24 ROADLINE PRODUCTS IN SPEED LIMIT SIGN 35 MPH 22788 2309574 1,495.79 02/22/24 ROADLINE PRODUCTS IN NO LARGE VEHICLES SIGNS 22791 2309575 1,020.53 TOTAL TRAFFIC CONTROL 2,516.32
10050558 RECREATION CENTER
02/22/24 RESOURCE BUILDING MA SOIL MIX FOR BLUK STOCK AT SP 22793 2309573 120.46 TOTAL RECREATION CENTER 120.46
10060600 FIRE SUPPRESSION
02/14/24 GALLS, LLC UNIFORM ITEMS NEW HIRE 22517 2309511 544.11 02/14/24 GALLS, LLC UNIFORM ITEMS NEW HIRE 22516 2309511 750.97 02/22/24 DANIEL'S TIRE SERVIC TIRES FOR FIRE APPARATUS - VEHICLE 8209 22622 2309555 1,699.85 02/14/24 CENTRAL NET OPERATIO SANTA ANA COLLEGE- TRAINING HOURS 22452 2309500 8,027.25

02/22/24 VERIZON WIRELESS 1.23.24 - 2.22.24 FIRE AVL TRACKERS 22597 2309594 990.26 02/14/24 AWARDS & TROPHIES CO LOCKER NAME PLATES & CLASS B NAME BARS 22503 2309497 99.13 02/22/24 VERIZON WIRELESS 1.26.24 - 2.25.24 FIRE CELL PHONES 22595 2309592 108.35 02/14/24 TURNOUT MAINTENANCE REPAIR/CLEANING OF TURNOUTS 1/26/24 22513 2309533 380.00 02/14/24 ARAMARK REFRESHMENT JAN'24 - FS1 COFFEE LEASE 22518 2309493 25.64 02/14/24 TURNOUT MAINTENANCE REPAIR/CLEANING OF TURNOUTS 1/30/24 22512 2309533 883.03 02/14/24 MES MUNICIPAL EMERGE PRO-WARRINGTON STRUCTURE BOOTS 22522 2309517 2,935.59 02/14/24 LINEGEAR FIRE & RESC SHIFT B NEW UNIFORMS 22515 1595 1,610.86 02/14/24 TOLL ROADS VIOLATION DEC'23-JAN '24TOLL USAGE 22508 2309532 4.85 02/14/24 AMAZON FIRE-FIELD EQUIPMENT/TARPS/SALVAGE 22519 1586 286.92 02/22/24 ALLSTAR FIRE EQUIPME DUTY BOOTS - A. CATHEY 22611 2309542 387.87 02/14/24 RITTER, CRAIG PARAMEDIC LICENSE RENEWAL - CR 22507 1599 250.00 02/14/24 CATHEY, AUSTIN PARAMEDIC LICENSE RENEWAL - CA 22509 1591 250.00 TOTAL FIRE SUPPRESSION 19,234.68
10060601 PARAMEDICS
02/14/24 PURETEC INDUSTRIAL W FS 2 DEIONIZED WATER SYSTEM 1/26/24 22504 2309520 121.19 TOTAL PARAMEDICS 121.19
10060602 AMBULANCE SERVICES
02/21/24 MCKESSON MEDICAL-SUR CREDIT FOR MEDICAL SUPPLIES 19930 1611 (119.04) 02/14/24 MCKESSON MEDICAL-SUR MEDICAL SUPPLIES 22182 1596 124.94 02/14/24 VERIZON WIRELESS AMBULANCE AVL TRACKERS - 1.23.24 - 2.22.24 22514 2309536 152.04 02/22/24 VERIZON WIRELESS 1.26.24 - 2.25.24 AMBULANCE CELLS 22596 2309593 83.82 02/14/24 LIFE ASSIST AMBULANCE MEDICAL SUPPLIES 22502 2309516 1,010.61 02/14/24 BOUND TREE MEDICAL AMBULANCE MEDICAL SUPPLIES 22497 2309498 847.92 02/14/24 CARE AMBULANCE AMBULANCE SERVICES CONTRACT 1.9.24 - 22505 1590 52,307.08 02/14/24 CARE AMBULANCE AMBULANCE SERVICES CONTRACT 1.23.24 - 22506 1590 52,307.08 02/14/24 BOUND TREE MEDICAL AMBULANCE MEDICAL SUPPLIES 22496 2309498 607.92 02/14/24 SPECTRUM GAS PRODUCT OYXGEN CYLINDER RENTAL STATION 2 22510 2309529 62.00 02/14/24 SPECTRUM GAS PRODUCT OXYGEN CYLINDER RENTAL STATION 1 22511 2309529 139.50 02/14/24 LIFE ASSIST AMBULANCE MEDICAL SUPPLIES 22498 2309516 725.91 02/21/24 MCKESSON MEDICAL-SUR AMBULANCE MEDICAL SUPPLIES 22494 1611 415.77 02/14/24 MCKESSON MEDICAL-SUR AMBULANCE MEDICAL SUPPLIES 22495 1596 309.00 02/14/24 LIFE ASSIST AMBULANCE MEDICAL SUPPLIES 22499 2309516 454.62 02/14/24 LIFE ASSIST AMBULANCE MEDICAL SUPPLIES 22500 2309516 376.21 02/14/24 LIFE ASSIST AMBULANCE MEDICAL SUPPLIES 22501 2309516 752.92 02/22/24 BOUND TREE MEDICAL AMBULANCE MEDICAL SUPPLIES 22618 2309552 2,213.87 02/22/24 LIFE ASSIST AMBULANCE MEDICAL SUPPLIES 22612 2309565 281.66 02/22/24 BOUND TREE MEDICAL AMBULANCE MEDICAL SUPPLIES 22616 2309552 299.83 02/22/24 LIFE ASSIST AMBULANCE MEDICAL SUPPLIES 22614 2309565 1,463.25 02/22/24 LIFE ASSIST AMBULANCE MEDICAL SUPPLIES 22615 2309565 747.48 02/22/24 LIFE ASSIST AMBULANCE MEDICAL SUPPLIES 22711 2309565 123.98 TOTAL AMBULANCE SERVICES 115,688.37
10060603 FIRE PREVENTION
02/22/24 VERIZON WIRELESS 1.26.24 - 2.25.24 FIRE CELL PHONES 22595 2309592 41.91 02/22/24 NFPA 2024 NFPA ANNAUL MEMBERSHIP RENEWAL - 22710 2309568 175.00

TOTAL FIRE PREVENTION 216.91
10060605 DISASTER PREPAREDNESS
02/22/24 VERIZON WIRELESS 1.26.24 - 2.25.24 FIRE CELL PHONES 22595 2309592 135.14 TOTAL DISASTER PREPAREDNESS 135.14
10060607 F.I.R.S.T.
02/22/24 VERIZON WIRELESS 1.26.24 - 2.25.24 FIRE CELL PHONES 22595 2309592 1.67 TOTAL F.I.R.S.T. 1.67
10070700 PATROL
02/14/24 GALLS, LLC C. GARCIA S/S SHIRT 22476 2309511 141.58 02/14/24 VERIZON WIRELESS DEPARTMENT CELL PHONES 12/26-1/25 22472 2309535 1,223.41 02/14/24 AT&T MOBILITY DEPARTMENT CELL PHONES 12/27-1/26 22470 2309495 280.48 02/14/24 AMAZON LEADERSHIP MEETING COFFEE ORGANIZER 22478 1586 65.24 02/14/24 CALIF FORENSIC PHLEB JAN'24 BLOOD DRAWS 22473 2309499 780.00 02/14/24 AMAZON LEADERSHIP MTG COFFEE SUPPLIES 1GDD- 22479 1586 24.58 02/14/24 AMAZON LEADERSHIP MTG COFFEE 1NQM-XL13-NDXH 22480 1586 25.68 02/14/24 RODRIGUEZ, SERGIO HOTEL/MILEAGE/PARKING CATO CONF. 22468 1600 399.79 02/22/24 OCCSA TRI-COUNTY WORKSHOP DUES CHIEF 22628 2309570 200.00 TOTAL PATROL 3,140.76
10070701 INVESTIGATION
02/22/24 THOMSON REUTERS WEST JAN'24 - PUBLIC RECORD SEARCHES 22629 2309583 584.18 02/14/24 AMAZON COIN ENVELOPES - 1V6Y-YV9H-DMTL 22477 1586 34.58 02/14/24 AMAZON FLASH DRIVE - 1M3F-CJK3-JCJW 22481 1586 40.68 TOTAL INVESTIGATION 659.44
10070703 CANINE
02/14/24 COMMUNITY VETERINARY K9 POMIX MED SERVICES 22469 2309502 165.00 TOTAL CANINE 165.00
10070705 L.E. COMMUNICATIONS
02/14/24 CYRACOM INTERNATIONA JAN'24 - TRANSLATION SVCS 22474 2309504 68.25 TOTAL L.E. COMMUNICATIONS 68.25
10070800 ANIMAL CARE SVCS
02/22/24 COUNTY OF ORANGE 10/1-12/31/23 ANIMAL CARE SERVICES 22635 2309553 156,661.46 TOTAL ANIMAL CARE SVCS 156,661.46
10080800 RECREATION CENTER
02/14/24 SPECTRUM GAS PRODUCT REC CTNR - BALLOON FILLER/AIR 22445 2309529 25.00 02/22/24 ULINE RC/ FIELDS SUPPLIES 22467 2309584 329.00 02/22/24 SPECTRUM GAS PRODUCT HELIUM RENTAL FOR REC CENTER 22657 2309581 25.00 02/22/24 VERIZON WIRELESS REC CENTER - VERIZON BILL 22662 2309595 45.02 TOTAL RECREATION CENTER 424.02
10080801 ATHLETICS
02/22/24 ULINE RC/ FIELDS SUPPLIES 22467 2309584 486.54 02/22/24 D&B UMPIRES Adult Softball Umpire Fee (40) Games 22573 2309554 540.00 02/22/24 VERIZON WIRELESS REC CENTER - VERIZON BILL 22662 2309595 37.64 TOTAL ATHLETICS 1,064.18
10080810 SENIOR & COMM CENTER
02/22/24 BLDG REFUND REFUND FOR RENTAL ON 1/13/2024 19444 2309550 140.00

02/22/24 VERIZON WIRELESS SENIOR CENTER WIRELESS JAN 2- FEB 1 22823 2309589 136.35 02/14/24 AWARDS & TROPHIES CO STAFF NAMETAG 22525 2309497 19.93 02/14/24 AMAZON SPECIAL EVENT SUPPLIES 1KT3-9XDN-CRMV 22526 1586 72.47 02/14/24 AMAZON BUILDING SUPPLIES 1GCJ-16RN-F1XV 22527 1586 78.58 02/14/24 AMAZON SC - OFFICE SUPPLIES - BINDERS 22528 1586 28.59 02/14/24 S.C. GYM REPAIR FEB'24 - SC FITNESS ROOM SERVICE & 22486 2309523 266.40 02/14/24 LEI JES CATERING SC - VALENTINE'S DANCE DESSERTS 22523 1594 325.00 02/14/24 NOW AND THEN TRIO SC - VALENTINE'S DANCE MUSIC 22524 2309518 400.00 TOTAL SENIOR & COMM CENTER 1,467.32
10080811 SENIOR TRANSPORTATION
02/14/24 FOUNTAIN VALLEY LIVI FEB'24 - SENIOR TRANSPORTATION AD 22533 2309510 950.00 TOTAL SENIOR TRANSPORTATION 950.00
10080823 PARK PATROL
02/22/24 VERIZON WIRELESS REC CENTER - VERIZON BILL 22662 2309595 51.32 TOTAL PARK PATROL 51.32
11010050 ISF IS ADMIN CAPITAL
02/14/24 INSIGHT PUBLIC SECTO (25) ADOBE ACROBAT PRO LICENSES 22367 1593 1,485.50 02/14/24 CMS SOLUTIONS SPEECH RECOGNITION SWA 10/27/2023 - 22363 2309501 3,081.00 02/14/24 ADVANCED OFFICE / IN 11/6 - 12/5/23 - COPIER CONTRACT 41585-01 22382 2309490 50.61 02/22/24 LENOVO INC LENOVO DESKTOPS TC M70Q 21765 2309563 1,603.85 02/21/24 AMAZON TV MOUNT 22015 1603 30.44
02/22/24 NMK CORPORATION NMK CISCO MODULES AND ETHERNET CABLES 22016 2309569 8,527.54 02/22/24 NMK CORPORATION NMK CISCO OPTICS AND CABLES 22048 2309569 2,643.60 02/21/24 AMAZON HP 304A BLACK TONER CARTRIDGE 22056 1603 133.71 02/21/24 GOLDEN STAR TECHNOLO NAS STORAGE FOR SURVEILLANCE 22072 1610 49,115.22 02/21/24 AMAZON CABLE MANAGEMENT KIT, WHITE PAPER CUPS 22057 1603 62.75 02/14/24 INSIGHT PUBLIC SECTO ADOBE ACROBAT, CREATIVE CLOUD, 22074 1593 20,727.85 02/22/24 LENOVO INC LENOVO THINKPAD P1 GEN 6 LAPTOPS 22116 2309563 4,685.37 02/14/24 LEFTA SYSTEMS JAN-JUN'24 LEFTA - FTO APPLICATION 22277 2309515 1,750.00 02/22/24 ADVANCED OFFICE / IN 1/15 - 2/15/2024 - RICOH LEASE 24 - US BANK 22575 2309539 2,330.36 TOTAL ISF IS ADMIN CAPITAL 96,227.80
11010104 ISF IS
02/21/24 AMAZON SPIGEN IPHONE 15 CASE 22152 1603 20.65
02/22/24 AT&T MOBILITY AT&T IT CELL PHONES 12/27 - 1/26/24 22578 2309548 94.67 TOTAL ISF IS 115.32
11110000 ISF GB CITY HALL
02/22/24 DUNN-EDWARDS CORPORA CH - PAINT SUPPLIES 22648 2309557 145.10 02/22/24 VERIZON WIRELESS FLEET CELL PHONE-(DEC 26 2023-JAN 25 2024) 22758 2309598 109.32 TOTAL ISF GB CITY HALL 254.42
11150000 ISF GB CITY YARD
02/22/24 AMTECH ELEVATOR SERV FEB'24 YARD ELEVATOR SERVICE 22652 2309544 221.67 02/22/24 GRAINGER, INC. WATER FILTERS 22654 2309561 121.54 TOTAL ISF GB CITY YARD 343.21
11160002 ISF GB FS2
02/14/24 PROFESSIONAL PLUMBIN FS2 RESTROOM SERVICE - 1/25/24 22461 2309519 316.00

TOTAL ISF GB FS2 316.00
11160003 ISF GB BUSHARD
02/22/24 SO CALIF EDISON CO 12/19/23-1/18/24 NEW FIRE STATION 22750 2309580 701.36 TOTAL ISF GB BUSHARD 701.36
11170000 ISF GB POLICE DEPARTMENT
02/22/24 AMTECH ELEVATOR SERV FEB'24 PD ELEVATOR SERVICE 22653 2309545 200.41 02/22/24 VERIZON WIRELESS 12/23 - 1/22/24 - VERIZON WIRELESS PD MDC 22586 2309591 1,193.30 02/14/24 COUNTY OF ORANGE OCATS - JANUARY 2024 22475 2309503 1,374.20 02/14/24 SMARDAN SUPPLY CO. JAIL SINK PARTS 22460 2309526 225.25 TOTAL ISF GB POLICE DEPARTMENT 2,993.16
11180000 ISF GB REC CENTER
02/14/24 SMARDAN SUPPLY CO. RESTROOM URINAL PARTS 22459 2309525 221.97 02/22/24 SO CALIF EDISON CO 1/6/24-2/5/24 PARK AND RIDE ELECTRICITY 22736 2309577 1,438.31 TOTAL ISF GB REC CENTER 1,660.28
11250001 PW - FLEET MGMT
02/14/24 RINCON TRUCK CENTER, FLEET - PART FOR UNIT 222 22492 2309521 153.77 02/14/24 DEPT 143 FLEET - STOCK TIRE 22545 2309506 252.32 02/14/24 RINCON TRUCK CENTER, FLEET STOCK PARTS 22485 2309521 55.30 02/14/24 DION & SONS INC. FLEET STOCK OIL 22490 2309507 3,423.60 02/14/24 GRAINGER, INC. FLEET SHOP SUPPLIES 22491 2309513 511.37 02/14/24 RINCON TRUCK CENTER, FLEET STOCK PARTS 22487 2309521 121.70 02/14/24 AUTOZONE, INC FLEET - PARTS FOR UNIT 416 22547 2309496 107.65 02/14/24 RINCON TRUCK CENTER, FLEET RETURN CREDIT 22488 2309521 (302.02) 02/14/24 SC FUELS BULK DIESEL FOR FIRE STATION 1 22489 2309524 4,960.48 02/14/24 RUSH TRUCK CENTERS O FLEET - REPAIR FOR UNIT 321 PETERBILT 22548 2309522 280.67 02/22/24 UNITED RENTALS NORTH FLEET - SHOP PROPANE 22783 2309585 33.98 02/22/24 DANIEL'S TIRE SERVIC TIRES RETURN CREDITS 22785 2309555 (1,095.72) 02/22/24 DANIEL'S TIRE SERVIC FLEET - TIRES FOR UNIT 316 22790 2309555 529.07 TOTAL PW - FLEET MGMT 9,032.17
11260052 ISF FL FD CAPITAL
02/22/24 NATIONAL AUTO FLEET FORD F450 RESCUE VEHICLE 22540 2309567 169,642.26 TOTAL ISF FL FD CAPITAL 169,642.26
11360053 ISF EQ FD R&C CAPITAL
02/14/24 ALLSTAR FIRE EQUIPME FIRE DEPT. TURNOUT GEAR - TURNOUT PANTS 22521 2309492 2,690.48 TOTAL ISF EQ FD R&C CAPITAL 2,690.48
11400400 SELF INSURANCE
02/14/24 ATHENS ADMINISTRATOR REPLENISHMENT OF CHECKS WRITTEN 22554 1589 86,363.25 TOTAL SELF INSURANCE 86,363.25
11400430 SELF INSURANCE
02/14/24 FOUNTAIN VALLEY FIRE MAR'24 - FVFA LTD 22482 1592 721.50 TOTAL SELF INSURANCE 721.50
11500000 ISF EMPLOYEE BENEFITS
02/10/24 CALPERS CALPERS MEDICAL - FEBRUARY 2024 22061 1528 313,915.78 02/14/24 STANDARD INSURANCE C FEB'24 VISION INSURANCE 22543 2309530 2,367.12 02/14/24 STANDARD INSURANCE C FEB'24 COBRA VISION INS 22544 2309531 72.80

02/14/24 AFLAC FEB'24 AFLAC ACCT HH049 22551 2309491 3,628.92 02/21/24 FOUNTAIN VALLEY POLI PR PPE 021624 DPD DEDUCTIONS 22767 1608 2,400.00 02/21/24 ORANGE COUNTY EMPLOY PR PPE 021624 DPY & DYD DEDUCTIONS 22768 1615 375.65 02/21/24 FOUNTAIN VALLEY CRED PR PPE 021624 CU DEDUCTIONS 22769 1605 44,947.60 02/21/24 FOUNTAIN VALLEY FIRE PR PPE 021624 DFR DEDUCTIONS 22770 1606 2,727.64 02/21/24 FOUNTAIN VALLEY GENE PR PPE 021624 DGE DEDUCTIONS 22771 1607 481.00 02/21/24 MISSION SQUARE RET P PLAN #803216 - PPE 021624 RHF & RHS 22772 1612 2,480.60 02/21/24 MISSION SQUARE RET P PLAN #800389 RHA & RHC DEDUCTIONS 22773 1613 1,161.33 02/21/24 MISSION SQUARE RET P PLAN #800414 RHM DEDUCTIONS 22774 1614 203.54 02/21/24 U.S. BANK N.A. PR PPE 021624 PRE & PAR DEDUCTIONS 22775 1616 2,883.18 02/21/24 FVPOA PAC PR PPE 021624 POL DEDUCTIONS 22776 1609 495.00 TOTAL ISF EMPLOYEE BENEFITS 378,140.16
11500450 EMPLOYEE BENEFITS
02/10/24 CALPERS CALPERS MEDICAL - FEBRUARY 2024 22061 1528 31,010.08 TOTAL EMPLOYEE BENEFITS 31,010.08
23030310 CDBG CODE ENFORCEMENT
02/22/24 AT&T MOBILITY 12/27/23-01/26/24 -BLDING AND CDBG CE CELL & 22454 2309547 40.24 TOTAL CDBG CODE ENFORCEMENT 40.24
23030313 CDBG NEIGHBOORHOOD REVITA
02/22/24 YOU CHECK CREDIT.COM JAN'24 CREDIT CHKS FOR LIBERTY&HOME IMP 22455 2309604 29.85 TOTAL CDBG NEIGHBOORHOOD REVITA 29.85
23130322 FVHA LOAN ADMINISTRATION
02/22/24 YOU CHECK CREDIT.COM JAN'24 CREDIT CHKS FOR LIBERTY&HOME IMP 22455 2309604 19.90 TOTAL FVHA LOAN ADMINISTRATION 19.90
30095301 CAPITAL IMP - ROAD REHAB
02/14/24 DMS CONSULTANTS INC DESIGN CITY QUADRANT C3 11/01/2023- 22388 2309508 16,950.00 TOTAL CAPITAL IMP - ROAD REHAB 16,950.00
30095302 CAPITAL IMP - PAVEMENT REHAB
02/14/24 DMS CONSULTANTS INC DESIGNS SVCS NEWLAND 22555 2309538 5,450.00 02/14/24 DMS CONSULTANTS INC DESIGN REHAB ELLIS: BRKHRST-BSHRD 22558 2309538 3,900.00 TOTAL CAPITAL IMP - PAVEMENT REHAB 9,350.00
50000000 WF NON-DEPARTMENTAL
02/14/24 #1026 INTERNATIONAL EXP#000001 22483 2309489 411.89 TOTAL WF NON-DEPARTMENTAL 411.89
50050570 WF WTR PROD. OPNS
02/22/24 BLUE-WHITE INDUSTRIE WELL #8 CHLORINE PUMP 22414 2309551 5,599.54 02/22/24 AMERICAN WATER WORKS 2024 AWWA MEMBERSHIP DUES-M.S. 22760 2309543 105.00 02/22/24 TESCO CONTROLS INC WELL 10 COMPUTER SERVICE 22639 2309582 619.57 02/22/24 TESCO CONTROLS INC 11/8 & 11/15 SCADA SERVICE 22638 2309582 3,795.00 02/22/24 LIFECOM GAS MONITOR CALIBRATION 22076 2309566 65.00 02/22/24 VERIZON WIRELESS WATER CELL-JAN (DEC 26 2023-JAN 25 2024) 22761 2309599 931.34 TOTAL WF WTR PROD. OPNS 11,115.45
50050571 WF DISTRIBUTION SYSTEM
02/14/24 FERGUSON ENTERPRISES HYDRANT WRENCH 22457 2309509 39.42 02/14/24 FERGUSON ENTERPRISES PULLING CABLES 22458 2309509 893.44

02/14/24 VULCAN MATERIAL COMP ASPHALT COLD MIX 22456 2309537 2,151.24 02/22/24 GRAINGER, INC. SFTY SUPPLIES - RAIN JACKET 22644 2309559 130.99 02/22/24 OMEGA INDUSTRIAL SUP WATER EQUIPMENT SUPPLIES 22650 2309571 746.92 TOTAL WF DISTRIBUTION SYSTEM 3,962.01
50050572 WF WTR QUAL & TREATMENT
02/22/24 USA BLUE BOOK SFTY SUPPLIES - SAFETY JACKET 22737 2309588 72.11 02/22/24 USA BLUE BOOK WATER - DPD REAGANTS 22740 2309588 360.14 02/22/24 USA BLUE BOOK FLUORIDE STANDARDS 22738 2309588 989.03 02/22/24 USA BLUE BOOK WATER - FLUORIDE STANDARDS AND WIPES 22741 2309588 449.15 02/22/24 USA BLUE BOOK WATER - CHLORINE REAGENTS 22641 2309588 384.22 02/22/24 USA BLUE BOOK WATER - DISSOLVED IRON REAGENTS 22642 2309588 50.67 02/22/24 USA BLUE BOOK CHLORINE REAGANTS AND DPD TESTING 22637 2309588 134.47 TOTAL WF WTR QUAL & TREATMENT 2,439.79
50050574 WF METER M & R
02/22/24 AQUA-METRIC SALES 1" METERS 22646 2309546 3,362.24 02/22/24 AQUA-METRIC SALES MXU SET (18) 22647 2309546 3,355.11 TOTAL WF METER M & R 6,717.35
50150580 SF SEWER MAINTENANCE
02/22/24 SO CALIF EDISON CO 1/12/24-2/12/24 SEWER LIFT STATION 22744 2309578 432.55 TOTAL SF SEWER MAINTENANCE 432.55
50250590 SWF SOLID WASTE
02/14/24 RECYCLE AWAY, LLC RECYCLE AWAY - BEVERAGE RECYCLING 22447 1598 14,216.26 TOTAL SWF SOLID WASTE 14,216.26
TOTAL $1,255,633.59

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: March 5, 2024
Members of the City Council
SUBJECT: Euclid Street Corridor Project Regional Traffic Signal Synchronization Program (TSSP) Cooperative Agreement

1. Approve the Euclid Street Corridor Project Regional Traffic Signal Synchronization Program (TSSP) Cooperative Agreement No. 2024-1 between the City of Fountain Valley and the City of La Habra.

Three-Year Strategic Goals
☒ Enhance the culture and environment of “A Nice Place to Live” ☐ Achieve fiscal stability by evaluating processes, and attract and retain revenue producing businesses/opportunities
☐ Attract and retain quality staff through best practices and trends ☒ Maintain, build, and modernize infrastructure to support growth and future needs of the City
☐ Not applicable
EXECUTIVE SUMMARY:

Staff is recommending that City Council approve the Euclid Street Corridor Project Regional Traffic Signal Synchronization Program (TSSP) Cooperative Agreement No. 2024-1 between the City of Fountain Valley and the City of La Habra. The Cooperative Agreement is between the City of La Habra and the Cities of Fullerton, Anaheim, Garden Grove, Santa Ana, and Fountain Valley. The City of La Habra is the lead agency for design, construction, and management of the Project. The Euclid Street TSSP Project will provide needed traffic signal equipment improvements and updated traffic signal timing along the Euclid Street Corridor between La Habra Boulevard the and I-405 SB ramps, to maintain traffic signal synchronization, improve countywide traffic flow, and reduce congestion across jurisdictions.

As described in the Cooperative Agreement, the City's cash match for the Euclid Street Corridor Project is $174,087.62 (20% of the total project cost), which is funded entirely from the City's Measure M2 (Fund 243) Traffic Improvement Fund, and the City will receive $870,438.09 in traffic signal equipment infrastructure improvements along the Euclid Street corridor between Edinger Avenue and I-405 SB Ramps.

Euclid Street Corridor Project Regional Traffic Signal Synchronization Program Cooperative Agreement No. 2024-1
March 5, 2024

DISCUSSION:

The Euclid Street Corridor Project Regional Traffic Signal Synchronization Program (RTSSP) is a signal synchronization project on Euclid Street from La Habra Boulevard to Ellis Avenue, which will reduce stops and delays, and improve travel times along this heavily traveled commuter corridor. The City of La Habra is the lead agency for design, construction, and management of the Project. The City of Fountain Valley maintains Euclid Street between Edinger Avenue and the I-405 SB Ramps, along the Euclid Street corridor. Per the Traffic Signal Synchronization Master Plan, the proposed synchronization along Euclid Street requires collaboration among agencies to design and implement signal timing synchronization across jurisdictional boundaries to mitigate traffic congestion and improve traffic flow along the corridor. Timing parameters for peak traffic periods will be dependent on existing field conditions, traffic patterns, and maintaining existing cross-coordination.

In addition to signal timing modifications, this project includes necessary equipment and technology upgrades to implement and maintain the new traffic signal synchronization. The Fountain Valley intersection improvements include the installation of new traffic signal field controllers and the modification to existing traffic signal field controllers and cabinets, foundations, video detection systems, traffic Closed Circuit Television (CCTV) surveillance cameras, battery backup, and traffic signal interconnect communication equipment upgrades.

The Project scope of work also includes the development, implementation, and fine-tuning of coordination signal timing plans for various peak periods, and the ongoing monitoring and maintenance of the coordinated signal system’s operation, including signal timing coordination and system communication / detection upkeep. These improvements will make substantial improvements in the City’s ability to monitor the traffic signal timing and provide the ability to notify the public when signal issues arise.

The Orange County Transportation Authority (OCTA) TSSP is a competitive regional funding program through Measure M2 funds. This program provides eighty percent (80%) reimbursement from Measure M2 with the local agencies contributing a twenty percent (20%) local match. Consistent with these requirements, Fountain Valley's anticipated matching contribution is $174,087.62, which is funded entirely from the City's Measure M2 (Fund 243) Traffic Improvement Fund. It should be noted that as part of the City's cash match of $174,087.62 (20% of the total project cost), the City will receive $870,438.09 in traffic signal equipment infrastructure improvements along the Euclid Street corridor between Edinger Avenue and I-405 SB Ramps.

Construction of traffic signal equipment infrastructure improvements is anticipated to commence in summer 2024. The project will begin a two-year operations and maintenance phase following completion of construction.

PUBLIC NOTIFICATION:

Not applicable.

Euclid Street Corridor Project Regional Traffic Signal Synchronization Program Cooperative Agreement No. 2024-1
March 5, 2024

ENVIRONMENTAL IMPACT REVIEW:

Not applicable.

FINANCIAL ANALYSIS:

The OCTA TSSP is a competitive regional funding program. The reimbursement ratio for this project is eighty percent (80%) maximum funded from Measure M2 Program with the local agency providing a twenty percent (20%) minimum local match. Consistent with these requirements, Fountain Valley’s anticipated matching cost is $174,087.62, which is funded entirely from the City’s Measure M2 (Fund 243) Traffic Improvement Fund. In return for the City’s matching contribution of $174,097.62 (20% of the Fountain Valley’s cost share), the City will receive $870,438.09 in traffic signal equipment infrastructure improvements along Euclid Street from La Habra Boulevard to Ellis Avenue.

This project has an approved Fiscal Year 2023/2024 CIP Budget of $220,000 for Project No. 24022.

ATTORNEY REVIEW:

The Attorney for the City has reviewed and approved the Cooperative Agreement No. 2024-1 by and between the City of La Habra and the Cities of Fullerton, Anaheim, Garden Grove, Santa Ana, and Fountain Valley for the Euclid Street Corridor Project Regional Traffic Signal Synchronization Program (TSSP).

ALTERNATIVES:

Alternative No. 1: Approve the Euclid Street Corridor Project Regional Traffic Signal Synchronization Program (TSSP) Cooperative Agreement No. 2024-1 between the City of Fountain Valley and the City of La Habra.

Alternative No. 2: Do not approve the Euclid Street Corridor Project Regional Traffic Signal Synchronization Program (TSSP) Cooperative Agreement No. 2024-1 between the City of Fountain Valley and the City of La Habra.

This is not the recommended alternative because it will not allow the City to participate in the project under the OCTA Measure M2 TSSP, and will not improve the traffic signal timing countywide along Euclid Street. This alternative will also not allow the City of Fountain Valley Community to benefit from receiving $870,438 in traffic signal related improvements along Euclid Street. Moreover, Alternative No. 2 is not the recommended alternative, as the City would not be able to participate in the project, and consequentially, will fall out of compliance with Measure M2 policies.

Euclid Street Corridor Project Regional Traffic Signal Synchronization Program Cooperative Agreement No. 2024-1
March 5, 2024

RECOMMENDATION:

Staff recommends that the City Council:

Approve the Euclid Street Corridor Project Regional Traffic Signal Synchronization Program (TSSP) Cooperative Agreement No. 2024-1 between the City of Fountain Valley and the City of La Habra.

Prepared by: Terri Phan, Management Aide
Recommended by: Kyle Knoke, Associate Engineer
Reviewed by: Temo Galvez, P.E., Deputy Public Works Director / City Engineer Approved by: Scott Smith, P.E., Director of Public Works Fiscal Review by: Ryan Smith, Finance Director / City Treasurer Approved by: Maggie Le, City Manager
Attachment 1: Euclid Street Corridor Project Regional Traffic Signal Synchronization Programs (TSSP) Cooperative Agreement No. 2024-1

Cooperative Agreement No. 2024-1

1 COOPERATIVE AGREEMENT No. 2024-1
2 BY AND BETWEEN
3 THE CITY OF LA HABRA
4 AND
5 THE CITIES OF FULLERTON, ANAHEIM, GARDEN GROVE, SANTA ANA, AND 6 FOUNTAIN VALLEY
7 FOR THE
8 EUCLID STREET CORRIDOR PROJECT
9 REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM
10 THIS COOPERATIVE AGREEMENT, hereinafter referred to as “AGREEMENT” is effective 11 the day of , 2024, by and between the City of La Habra, hereinafter 12 referred to as “LA HABRA” and the Cities of Fullerton, Anaheim, Garden Grove, Santa Ana, and Fountain 13 Valley, hereinafter referred to as “FULLERTON”, “ANAHEIM”, “GARDEN GROVE”, “SANTA ANA” 14 and “FOUNTAIN VALLEY” respectively, jointly referred to as “AGENCIES” or severally as “AGENCY”. 15 Collectively, LA HABRA and AGENCIES may be referred to as the “PARTIES” or individually as a 16 “PARTY”.
17 RECITALS
18 WHEREAS, Euclid Street between La Habra Boulevard and Interstate 405 (I-405) Southbound 19 Ramps, geographically located in the Cities of La Habra, Fullerton, Anaheim, Garden Grove, Santa Ana, and 20 Fountain Valley, is part of the OCTA Master Plan of Arterial Highways (MPAH), and 21 WHEREAS, Euclid Street between La Habra Boulevard and Country Hills Drive is maintained by 22 LA HABRA; and
23 WHEREAS, Euclid Street between Lakeview Drive and State Route 91 WB Ramps is maintained 24 by FULLERTON; and
25 WHEREAS, Euclid Street between State Route 91 EB Ramps and Katella Avenue is maintained by 26 ANAHEIM; and
27 WHEREAS, Euclid Street between Orangewood Avenue and Westminster Boulevard is maintained

Cooperative Agreement No. 2024-1

1 by GARDEN GROVE; and
2 WHEREAS, Euclid Street between Emperor Quang Trung/Oakfield Avenue and McFadden Avenue 3 is maintained by SANTA ANA; and
4 WHEREAS, Euclid Street between Edinger Avenue and I-405 SB Ramps is maintained by 5 FOUNTAIN VALLEY; and
6 WHEREAS, the intersections of Euclid Street at Imperial Highway, Euclid Street at the SR-91 7 Interchange (EB and WB ramps), Euclid Street at I-5 (NB and SB ramps) Interchange, Euclid Street at SR8 22 Interchange (EB and WB ramps), and Euclid Street at I-405 (NB and SB ramps) Interchange are 9 maintained by the State of California, hereinafter referred to as “STATE” or “CALTRANS”, and a separate 10 Cooperative Agreement is entered into between LA HABRA and CALTRANS for the STATE-maintained 11 traffic signals; and
12 WHEREAS, the Measure M2 Regional Traffic Signal Synchronization Program, hereinafter referred 13 to as “RTSSP”, targets over 2,000 signalized intersections across Orange County to maintain traffic signal 14 synchronization, improve traffic flow, and reduce congestion across jurisdictions; and 15 WHEREAS, LA HABRA and AGENCIES are committed to implementing multi-jurisdictional 16 signal synchronization to enhance countywide traffic flow, and reducing congestion; and 17 WHEREAS, the Orange County Transportation Authority, hereinafter referred to as “OCTA”, 18 approved funding for the Euclid Street Corridor RTSSP Project, hereinafter referred to as “PROJECT”; and 19 WHEREAS, the PARTIES will provide matching funds as required by the Orange County 20 Comprehensive Transportation Funding Programs; and
21 WHEREAS, LA HABRA agrees to act as the lead agency for design, construction, and management 22 of the PROJECT; and
23 WHEREAS, the PROJECT will include sixty-seven (67) signalized intersections along the Euclid 24 Street Corridor between La Habra Boulevard and I-405 SB Ramps, and geographically located in LA 25 HABRA, FULLERTON, ANAHEIM, GARDEN GROVE, SANTA ANA, and FOUNTAIN VALLEY; and 26 WHEREAS, the PROJECT will include sixty-nine (69) offset signalized intersections, defined as 27 signalized intersections situated within 2700 feet along the side streets of the PROJECT corridor signals

Cooperative Agreement No. 2024-1

1 between La Habra Boulevard and I-405 SB Ramps, and geographically located in LA HABRA, 2 FULLERTON, ANAHEIM, GARDEN GROVE, SANTA ANA, and FOUNTAIN VALLEY; the inclusion 3 of the offset signals will minimize the impacts of the signal synchronization of the PROJECT corridor signals 4 on said offset signals; and
5 WHEREAS, the PROJECT Scope of Work includes the procurement, construction, installation and 6 modification of existing traffic signal controllers and cabinets, foundation, countdown-type signal heads, 7 video detection systems, traffic surveillance cameras, emergency vehicle preemption, power supplies, pull 8 boxes, signal interconnect communication upgrades including but not limited to fiber optic cables, signal 9 performance measures, and central system upgrades at the respective PARTIES’ Traffic Management 10 Centers; and
11 WHEREAS, the PROJECT Scope of Work also includes development, implementation, and 12 fine-tuning of coordination signal timing plans for various peak periods, and the ongoing monitoring and 13 maintenance of the coordinated signal system’s operation, including signal timing coordination and system 14 communication/detection upkeep, for a period of no less than two years; and 15 WHEREAS, LA HABRA agrees to work with AGENCIES to coordinate the inclusion of other 16 traffic control elements that must be installed at the same time as the construction of the PROJECT that are 17 NOT a part of the PROJECT Scope of Work and that are the responsibility of each respective PARTY during 18 the course of the PROJECT; and
19 WHEREAS, the PARTIES acknowledge that other RTSSP corridor projects are currently underway 20 or completed which intersect the PROJECT, and that these other RTSSP corridor timing operations must be 21 incorporated into the design and completion of this PROJECT; and 22 WHEREAS, this AGREEMENT defines the roles, specific terms, conditions and responsibilities 23 between the PARTIES.
24 AGREEMENT
25 NOW THEREFORE, it is understood and agreed by the PARTIES as follows:
26 ARTICLE 1. COMPLETE AGREEMENT
27 This AGREEMENT constitutes the complete and exclusive statement of the terms and conditions of

Cooperative Agreement No. 2024-1

1 the agreement between the PARTIES concerning the PROJECT and supersedes all prior representations, 2 understandings, and communications between the PARTIES. The above-referenced Recitals are true and 3 correct and are incorporated by reference herein.
4 ARTICLE 2. RESPONSIBILITIES OF LA HABRA
5 LA HABRA agrees to the following responsibilities:
6 1. LA HABRA shall serve as lead agency for design, construction, and construction management of 7 the PROJECT and shall provide oversight by establishing PROJECT milestones and overseeing the 8 PROJECT development to ensure compliance with all standards and requirements set forth in this 9 AGREEMENT.
10 2. LA HABRA shall be responsible for completing the PROJECT in accordance with the funding 11 guidelines and any and all other federal, state, and OCTA requirements related to these funding programs, 12 as well as any and all applicable statutes and regulations including, but not limited to, bidding laws, prevailing 13 wage and other labor laws, provisions of the California Building Standards Code, and the California 14 Environmental Quality Act (CEQA) and the Guidelines thereunder. 15 3. LA HABRA shall be responsible for providing the required documentation and funding 16 commitments for project implementation on the CALTRANS portions of the PROJECT within LA 17 HABRA’S geographical jurisdictions.
18 4. LA HABRA shall provide AGENCIES a copy of all design documents for AGENCIES’ approval 19 of work to be performed in AGENCIES’ jurisdictions prior to LA HABRA advertising for bids. 20 5. LA HABRA shall enter into a separate Cooperative Agreement with the STATE for the 21 implementation of the STATE components of the PROJECT. 22 6. LA HABRA shall be responsible for obtaining all required permits for project implementation 23 from the STATE for the STATE components of the PROJECT. 24 7. LA HABRA shall provide staff, consultants, and contractors deemed necessary and appropriate to 25 manage, administer, coordinate, and oversee engineering design and construction management of the 26 PROJECT. LA HABRA shall require all such consultants, including architects and civil engineers, and 27 contractors to obtain and maintain comprehensive general liability, automobile liability, workers’

Cooperative Agreement No. 2024-1

1 compensation and employers’ liability, and professional liability insurance policies meeting the applicable 2 requirements of the Consultant Contract and Bidders Specifications for the PROJECT and to indemnify, 3 defend, and hold each of the AGENCIES and their respective elected officials, officers, employees, agents 4 and volunteers (“Indemnitees”) free and harmless, including payment of attorneys’ and experts’ fees, with 5 respect to any and all claims and liabilities of any kind arising out of each such consultant’s and/or 6 contractor’s acts or omissions in the performance of work on the PROJECT, to the maximum extent 7 permitted by law. LA HABRA shall require all such contractors to name the Indemnitees as additional 8 insureds on all commercial general and automobile liability policies required by LA HABRA for the 9 PROJECT.
10 8. The budget for the PROJECT is Six Million, Two Hundred One Thousand, Two Hundred and 11 Sixty-Six Dollars ($6,201,266). Four Million, Nine Hundred Sixty-One Thousand, and Thirteen Dollars 12 ($4,961,013) is funded by OCTA through RTSSP (Project P). Minimum PROJECT matching funds of 13 twenty percent (20%) amount to One Million, Two Hundred Forty Thousand, Two Hundred and Fifty-Three 14 Dollars ($1,240,253). LA HABRA’s portion of the PROJECT cost is approximately Six Hundred Seventeen 15 Thousand Three Hundred and Seven Dollars ($617,307) with a corresponding 20% local agency match up 16 to One Hundred Twenty-Three Thousand, Four Hundred and Sixty-One Dollars ($123,461) including in17 kind services. Documentation of LA HABRA’S in-kind services, such as administrative services, design 18 and construction-related services including equipment procurement and inspection, and City-furnished 19 PROJECT equipment, shall meet OCTA Comprehensive Transportation Funding Program (CTFP) 20 Guidelines.
21 9. LA HABRA shall maintain coordination with AGENCIES for construction of the PROJECT. 22 10. LA HABRA specifically shall coordinate construction activity for the PROJECT within 23 AGENCIES and provide a schedule of the construction activity for the PROJECT within AGENCIES that is 24 acceptable to AGENCIES. In the event of planned street closures, LA HABRA shall provide prior notice to, 25 and receive approval from, the responsible AGENCY, prior to the execution of the street closure. 26 11. LA HABRA shall require AGENCIES and its officers and employees to be named as additional 27 insured on the construction contractors’ liability insurance policies.

Cooperative Agreement No. 2024-1

1 12. At no cost to AGENCIES, LA HABRA shall be responsible for coordinating the construction 2 and/or installation of traffic control elements and other items within LA HABRA’s jurisdiction that are NOT 3 a part of the PROJECT Scope of Work but, by necessity, must be built concurrent with the PROJECT. 4 13. LA HABRA shall collect all data necessary for the analysis and optimization of traffic signal 5 timing along the PROJECT corridor.
6 14. LA HABRA shall develop new timing plans optimized for traffic signal synchronization. 7 15. LA HABRA shall provide on-site support to implement the timing plans as necessary. Timing 8 plans are subject to AGENCIES’ review and approval.
9 16. LA HABRA shall provide the new timing plans developed for the PROJECT and all relevant data 10 required for the signal timing analysis to AGENCIES upon request. 11 17.At the conclusion of the Primary Implementation Phase “PI PHASE” of the PROJECT, LA 12 HABRA shall submit all necessary documentation required by OCTA for the reimbursement of all PROJECT 13 eligible expenses of the PI Phase
14 18.Upon OCTA’s review and approval of the PROJECT eligible expenses of the PI Phase, LA 15 HABRA shall invoice the AGENCIES for their respective 20% local matches. 16 19.At the conclusion of the Ongoing Operation and Maintenance Phase “O&M PHASE” of the 17 PROJECT, LA HABRA shall submit all necessary documentation required by OCTA for the reimbursement 18 of all PROJECT eligible expenses of the O&M Phase.
19 20.Upon OCTA’s review and approval of the PROJECT eligible expenses of the O&M Phase, LA 20 HABRA shall invoice the AGENCIES for their respective 20% local matches. 21 ARTICLE 3. RESPONSIBILITIES OF AGENCIES
22 AGENCIES agree to the following responsibilities:
23 1. AGENCIES shall be responsible for providing the required documentation and funding 24 commitments for project implementation on the STATE portions of the PROJECT within AGENCIES’ 25 respective geographical jurisdictions.
26 2. AGENCIES shall remit to LA HABRA within thirty (30) calendar days of receipt of acceptable 27 invoices for the PI PHASE and the O&M PHASE, the PROJECT matching funds as required by the OCTA

Cooperative Agreement No. 2024-1

1 Comprehensive Transportation Funding Programs. Individual AGENCIES’ PROJECT cost allocations and 2 the corresponding local agency matches per OCTA’s approved grant are summarized below. 3 4
5 a. FULLERTON’s portion of the PROJECT cost is approximately One Million, Five Hundred 6 Sixty-One Thousand, Three Hundred and Fifty-Six Dollars ($1,561,356) with a corresponding 7 20% local agency match of up to Three Hundred Twelve Thousand, Two Hundred and Seventy8 One Dollars ($ 312,271) including in-kind services. 9 b. ANAHEIM’s portion of the PROJECT cost is approximately One Million, One Hundred Fifty10 One Thousand, One Hundred and Forty-Eight Dollars ($1,151,148) with a corresponding 20% 11 local agency match of up to Two Hundred Thirty Thousand, Two Hundred and Thirty Dollars 12 ($230,230) including in-kind services.
13 c. GARDEN GROVE’s portion of the PROJECT cost is approximately One Million, Four 14 Hundred Thirty-One Thousand, Eight Hundred and Eighty-Three Dollars ($1,431,883) with a 15 corresponding 20% local agency match of up to Two Hundred Eighty-Six Thousand, Three 16 Hundred and Seventy-Seven Dollars ($286,377) including in-kind services. 17 d. SANTA ANA’s portion of the PROJECT cost is approximately Five Hundred Sixty-Nine 18 Thousand, One Hundred and Thirty-Four Dollars (569,134) with a corresponding 20% local

PI O&M PI O&M
LaHabra $584,307.42 $33,000.00 $116,861.48 $6,600.00
Fullerton $1,496,555.76 $64,800.00 $299,311.15 $12,960.00 Anaheim $1,070,747.72 $80,400.00 $214,149.54 $16,080.00 Garden Grove $1,369,482.92 $62,400.00 $273,896.58 $12,480.00 Santa Ana $543,334.10 $25,800.00 $108,666.82 $5,160.00
Fountain Valley $814,038.09 $56,400.00 $162,807.62 $11,280.00 Subtotal: $5,878,466.00 $322,800.00 $1,175,693.20 $64,560.00 Total: $6,201,266.00 $1,240,253.20
Euclid Street Corridor Project Cost Summary
Agency
Project Cost Local Agency In-Kind Match (@ 20%)

Cooperative Agreement No. 2024-1

1 agency match of up to One Hundred Thirteen Thousand, Eight Hundred and Twenty-Seven 2 Dollars ($113,827) including in-kind services.
3 e. FOUNTAIN VALLEY’s portion of the PROJECT cost is approximately Eight Hundred 4 Seventy Thousand, Four Hundred and Thirty-Eight Dollars ($870,438) with a corresponding 5 20% local agency match of up to One Hundred Seventy-Four Thousand and Eighty-Seven 6 Dollars ($174,087) including in-kind services.
7 Documentation of AGENCIES’ in-kind services, such as administrative services, design and construction8 related services including equipment procurement and inspection, shall meet OCTA CTFP Guidelines. 9 3. AGENCIES agree to implement the PROJECT based on the approved match funds above and 10 agree that final amount and corresponding match may vary and will be based on the 20% of actual cost of 11 implementing all timing, improvements, and maintenance, as identified in the PROJECT. 12 4. AGENCIES agree that unused PROJECT funds from one PARTY may be used by another 13 PARTY upon mutual written agreement of PARTIES. Receiving PARTY shall be responsible for the local 14 match of the additional PROJECT funds used.
15 5. At no cost to LA HABRA, AGENCIES shall provide LA HABRA with current intersection, local 16 field master and/or central system timing plans and related data no later than thirty (30) calendar days 17 subsequent to the execution of this AGREEMENT, and updates as they occur within seven (7) calendar days 18 of the event.
19 6. At no cost to LA HABRA, AGENCIES shall provide to LA HABRA appropriate documents to 20 utilize in the design and construction of infrastructure required to implement the desired coordinated and 21 synchronized system and operations no later than thirty (30) calendar days subsequent to the execution of 22 this AGREEMENT, and updates as they occur within seven (7) calendar days of the update. 23 7. AGENCIES shall waive all costs and fees related to any and all required encroachment and 24 inspection permits required by AGENCY for the construction phase of the PROJECT. 25 8. At no cost to LA HABRA, FULLERTON’s Construction Inspectors shall oversee all construction 26 work done in FULLERTON’s jurisdiction.
27 9. At no cost to LA HABRA, ANAHEIM’s Construction Inspectors shall oversee all construction

Cooperative Agreement No. 2024-1

1 work done in ANAHEIM’s jurisdiction.
2 10.At no cost to LA HABRA, SANTA ANA’s Construction Inspectors shall oversee all construction 3 work done in SANTA ANA’s jurisdiction.
4 11.At no cost to LA HABRA, GARDEN GROVE’s Construction Inspectors shall oversee all 5 construction work done in GARDEN GROVE’s jurisdiction. 6 12. At no cost to LA HABRA, FOUNTAIN VALLEY’s Construction Inspectors shall oversee all 7 construction work done in FOUNTAIN VALLEY’s jurisdiction. 8 13. At no cost to LA HABRA, AGENCY shall be responsible for coordinating the construction and/or 9 installation of traffic control elements and other items within AGENCIES’ jurisdiction that are NOT a part 10 of the PROJECT Scope of Work but, by necessity, must be built concurrent with the PROJECT. 11 14. In the event of an unanticipated cost overrun, LA HABRA shall meet with AGENCIES to 12 resolve the cost overrun. Should the PARTIES be unable to come to a resolution of the cost overrun, the 13 AGREEMENT will terminate.
14 ARTICLE 4. MUTUAL RESPONSIBILITIES OF THE PARTIES
15 The PARTIES agree to the following mutual responsibilities:
16 1. The PARTIES are responsible for the review, implementation and maintenance of the timing for 17 the corridor offset intersections as defined in the RECITALS. 18 2. The PARTIES shall cooperate and coordinate their staff, contractors and consultants, in providing 19 the services and responsibilities required under this AGREEMENT to the extent practicable with respect to 20 the performance of the PROJECT.
21 3. The PARTIES agree to work together in good faith, using reasonable efforts to resolve any 22 unforeseen issues and disputes arising out of the performance of this AGREEMENT. 23 4. The PARTIES shall be responsible for obtaining the required additional STATE permits for 24 additional STATE requested improvements that are NOT a part of the PROJECT Scope of Work on the 25 STATE portions of PROJECT within their respective geographic jurisdictions. 26 5. This AGREEMENT may only be modified or amended upon written agreement of all PARTIES. 27 All modifications, amendments, changes and revisions of this AGREEMENT in whole or in part, and from

Cooperative Agreement No. 2024-1

1 time to time, shall be binding upon the PARTIES, so long as the same shall be in writing and executed by 2 the PARTIES. No waiver of any term or conditions of this AGREEMENT shall be a continuing waiver 3 thereof.
4 6. Applicable Laws and Regulations: This AGREEMENT shall be governed by all applicable federal, 5 state and local laws and regulations. The PARTIES warrant that in the performance of this AGREEMENT, 6 each shall comply with all applicable federal, state and local laws, statutes and ordinances and all lawful 7 orders, rules and regulations promulgated there under. 8 7. Indemnitees: To the maximum extent permitted by law, each PARTY agrees to defend, indemnify 9 and hold harmless the other PARTIES, their officers, agents, elected officials and employees from all 10 liability, claims, losses and demands, including defense costs and reasonable attorneys’ fees, whether 11 resulting from court action or otherwise, to the extent arising out of the actual or alleged negligent acts or 12 omissions of, or violation of any statute or regulation by the defending PARTY, or any of its officers, agents, 13 or employees, in the performance of this AGREEMENT. When negligent acts or omissions of one PARTY 14 are directed by another PARTY, the PARTY directing the negligent acts or omissions shall owe this defense 15 and indemnity obligation to the PARTY following the directions. The provisions of this paragraph shall 16 survive the termination of this AGREEMENT. Notwithstanding, this AGREEMENT shall not be interpreted 17 to create any joint and several liability or any joint powers or joint venture between the PARTIES. 18 LA HABRA shall defend, indemnify and hold the AGENCIES free and harmless from any claim or liability 19 arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 20 8. Force Majeure: Each PARTY shall be excused from performing its obligations under this 21 AGREEMENT during the time and to the extent that it is prevented from performing by an unforeseeable 22 cause beyond its control, including but not limited to: any incidence of fire; flood; acts of God; 23 commandeering of material, products, plants or facilities by federal, state or local government; national fuel 24 shortage; labor strike or materials shortage provided satisfactory evidence of such cause is presented to the 25 other PARTIES, and provided further such nonperformance is unforeseeable, beyond the reasonable control 26 and not due to the fault or negligence of the PARTY not performing. 27 9. Any notice sent by first class mail, postage paid, to the address and addressee, shall be deemed to

Cooperative Agreement No. 2024-1

1 have been received three (3) business days after deposit in the U.S. Mail. The representatives of the 2 PARTIES who are primarily responsible for the administration of this AGREEMENT, and to whom notices, 3 demands and communications shall be given are as follows:
4 5 City of La Habra – LEAD AGENCY City of Fullerton
6 110 E. La Habra Boulevard 303 W. Commonwealth Avenue
7 La Habra, CA 90631 Fullerton, CA 92832
8 Attn: Michael Plotnik, P.E., T.E. Attn: Jeffrey Chinchilla, P.E. 9 Traffic Manager Associate Engineer - Traffic
10 (562) 383-4162 (714) 738-6899
11 [email protected] [email protected] 12 13 City of Anaheim City of Garden Grove
14 201 S. Anaheim Boulevard, Suite 502 11222 Acacia Parkway 15 Anaheim, CA 92805 Garden Grove, CA 92840
16 Attn: John Thai, E.E., T.E. Attn: Dai Vu, T.E.
17 Principal Traffic Engineer City Traffic Engineer
18 (714) 765-5294 (714) 741-5189
19 [email protected] [email protected]
20 21 City of Santa Ana City of Fountain Valley
22 20 Civic Center Plaza 10200 Slater Ave
23 Santa Ana, CA 92701 Fountain Valley, CA 92708
24 Attn: Cesar Rodriguez, P.E., T.E. Attn: Temo Galvez, P.E. 25 Senior Civil Engineer Deputy Public Works Director / City Engineer 26 (714) 647-5626 (714) 593-4517
27 [email protected] [email protected]

Cooperative Agreement No. 2024-1

1 10. This AGREEMENT shall continue in full force and effect through December 31, 2028, unless 2 terminated earlier by LA HABRA or AGENCIES. This AGREEMENT may be terminated by any AGENCY 3 providing the PARTIES with not less than thirty (30) day prior written notice. The terminating AGENCY is 4 fully responsible for paying their respective pro rata share of all costs and expenses incurred prior to delivery 5 of its notice of termination and all costs and damages relating to its termination. In the event of termination 6 without cause, and subject to any other reimbursement obligations of the PARTIES, if any, created by this 7 AGREEMENT or law, the PARTIES shall each be entitled to a pro rata refund of its share of costs expended 8 as to funds remaining, if any, after payment has been made for labor and/or materials actually provided in 9 the course of work performed pursuant to this AGREEMENT. 10 11. The terms of this AGREEMENT may only be extended upon written agreement by the 11 PARTIES.
12 /
13 /
14 /
15 /
16 /
17 /
18 /
19 /
20 /
21 /
22 /
23 /
24 /
25 /
26 /
27 /

Cooperative Agreement No. 2024-1

1 IN WITNESS WHEREOF, the PARTIES hereto have caused this Cooperative Agreement No. 2024-1 to 2 be executed on the date first above written.
3 4 CITY OF LA HABRA
5 6 By:
7 Daren Nigsarian
8 Mayor
9 10
11 ATTEST:
12 13 By:
14 Rhonda J. Barone, CMC
15 City Clerk
16 17
18 APPROVED AS TO FORM:
19 20 By:
21 Richard D. Jones
22 City Attorney
23 /
24 /
25 /
26 /
27 /

Cooperative Agreement No. 2024-1

1 IN WITNESS WHEREOF, the PARTIES hereto have caused this Cooperative Agreement No. 2024-1 to 2 be executed on the date first above written.
3 4 CITY OF FULLERTON
5 6 By:
7 Eric Levitt
8 City Manager
9 10
11 ATTEST:
12 13 By:
14 Lucinda Williams, MMC
15 City Clerk
16 17
18 APPROVED AS TO FORM:
19 20 By:
21 Betsy Martyn
22 City Attorney
23 /
24 /
25 /
26 /
27 /

Cooperative Agreement No. 2024-1

1 IN WITNESS WHEREOF, the PARTIES hereto have caused this Cooperative Agreement No. 2024-1 to 2 be executed on the date first above written.
3 4 CITY OF ANAHEIM
5 6 By:
7 8 Mayor of the City of Anaheim
9 10
11 ATTEST:
12 13 By:
14 15 City Clerk of the City of Anaheim
16 17
18 APPROVED AS TO FORM:
19 20 By:
21 22 City Attorney of the City of Anaheim
23 /
24 /
25 /
26 /
27 /

Cooperative Agreement No. 2024-1

1 IN WITNESS WHEREOF, the PARTIES hereto have caused this Cooperative Agreement No. 2024-1 to 2 be executed on the date first above written.
3 4 CITY OF GARDEN GROVE
5 6 By:
7 Lisa L. Kim
8 City Manager
9 10
11 ATTEST:
12 13 By:
14 Teresa Pomeroy, CMC
15 City Clerk
16 17
18 APPROVED AS TO FORM:
19 20 By:
21 Omar Sandoval
22 City Attorney
23 /
24 /
25 /
26 /
27 /

Cooperative Agreement No. 2024-1

1 IN WITNESS WHEREOF, the PARTIES hereto have caused this Cooperative Agreement No. 2024-1 to 2 be executed on the date first above written.
3 4 CITY OF SANTA ANA
5 6 By:
7 Tom Hatch
8 Interim City Manager
9 10 ATTEST:
11 12 By:
13 Jennifer L. Hall
14 City Clerk
15 16 APPROVED AS TO FORM:
17 18 By:
19 Jose Montoya
20 Assistant City Attorney
21 22 RECOMMENDED FOR APPROVAL
23 24 By:
25 Nabil Saba, PE
26 Executive Director
27 Public Works Agency

Cooperative Agreement No. 2024-1

1 IN WITNESS WHEREOF, the PARTIES hereto have caused this Cooperative Agreement No. 2024-1 to 2 be executed on the date first above written.
3 4 CITY OF FOUNTAIN VALLEY
5 6 By:
7 Glenn Grandis
8 Mayor
9 10
11 ATTEST:
12 13 By:
14 Rick Miller
15 City Clerk
16 17
APPROVED AS TO FORM:

HARPER & BURNS LLP
18 19
20 By:
21 22
23 /
24 /
25 /
26 /
27 /
Attorneys for the City of Fountain Valley

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: March 5, 2024
Members of the City Council
SUBJECT: Newland Street Local Emergency Roadway Repairs – Rejection of all Bids and Rescission Local Emergency
Three-Year Strategic Goals
☐ Enhance the culture and environment of “A Nice Place to Live” ☐ Achieve fiscal stability by evaluating processes, and attract and retain revenue producing businesses/opportunities
☐ Attract and retain quality staff through best practices and trends ☒ Maintain, build, and modernize infrastructure to support growth and future needs of the City
☐ Not applicable
EXECUTIVE SUMMARY:

In an effort to expeditiously repair Newland Street, City staff advertised the Project for bid while concurrently working on an innovative cost saving alternative to stabilize the roadway subgrade failure. On January 8th through January 11th, 2024, high density polyurethane material was injected to fill voids in the street’s subgrade and stabilize the failed area. This innovative approach was able to save the City over one million dollars from the original estimate and opened the road to the public several months sooner. As such, City staff is presenting for City Council consideration the rejection of all bids for the Rehabilitation of Newland Street Project (Project No. 24012).

At this time, City Staff have determined that the Newland Street roadway subgrade, together with the risk of additional expansion of subsidence north of Slater, have been properly addressed and therefore the local emergency declaration dated March 28, 2023, can be safely rescinded. City Staff is also presenting for City Council consideration the approval of a Resolution Rescinding the Proclamation of the Existence of a Local Emergency and All Associated Emergency Orders.

Rehabilitation of Newland Street Project (Project No. 24012) – Reject All Bids & Approve a Resolution Rescinding the Proclamation of the Existence of a Local Emergency and All Associated Emergency Orders
March 5, 2024

DISCUSSION:

The 2023 California rainstorms resulted in widespread damage to public facilities. On March 14, 2023, City staff discovered that approximately 500 feet of the Northbound No. 2 lane on Newland Street south of Ellis Avenue had experienced roadway settlement. In order to gain a broader understanding of the Newland Street Local Emergency, its ramifications, and to strategically plan for the Newland Street roadway repair, City staff implemented the following:
 On March 21, 2023, traffic control devices were installed by Public Works staff to protect the area and drivers;
 On March 28, 2023, pursuant to Section 2.57.050 of the Fountain Valley Municipal Code, the City Manager acting as Director of Emergency Services, and upon the recommendation of Staff, declared the Newland Street roadway subgrade failure as an emergency via the Proclamation of Local Emergency 2023 California Rainstorms.

Per City’s Municipal Code Section 2.36.030 (b), the City Manager authorized the immediate expenditure of funds to provide traffic control devices to close the northbound lane temporarily to protect the motorist/public;  On April 11, 2023, Public Works staff met with members from the California Governor’s Office of Emergency Services (Cal OES), Federal Emergency Management Agency (FEMA), and OC Sheriff emergency services and hosted a site visit to Newland Street pavement settlement; participants were present to assess and compile all county-wide damages and estimated costs for repair to take back to FEMA to assess potential funding;
 In early May of 2023, a geotechnical engineer/firm acquired soil samples and determined that approximately nine feet of natural organic material became saturated from the rains, resulting in the road settling;
 The Public Works Engineering Team worked closely with the design engineer and geotechnical engineer in value engineering options and selecting a fiscally minded solution for the repair;
 Staff completed the design of engineering plans for the Newland Street Local Emergency, and on November 7, 2023, the project was publicly advertised for bid.

On November 7, 2023, the City publicly advertised Request for Bid (RFB) 23-015, The Rehabilitation of Newland Street Project (Project No. 24012). On December 11, 2023, the City received eight (8) bids. The lowest responsible and responsive bidder, All American Asphalt, submitted a bid in the amount of $626,155 in accordance with City requirements and purchasing policies.

Contractor Total Bid Amount

1. All American Asphalt $ 626,155.00

2. Hillcrest Contracting, Inc. $ 734,582.68

3. We R Builders, Inc. $ 740,742.00

Rehabilitation of Newland Street Project (Project No. 24012) – Reject All Bids & Approve a Resolution Rescinding the Proclamation of the Existence of a Local Emergency and All Associated Emergency Orders
March 5, 2024

4. Excel Paving Company $ 854,950.80

5. ONYX PAVING COMPANY INC. $ 888,000.00

6. Sequel Contractors, Inc. $ 932,504.00

7. I E General Engineering, Inc. $1,106,219.80

8. Hardy & Harper, Inc. $1,311,000.00
In an effort to expeditiously repair Newland Street, City staff advertised the Project for bid while concurrently working on a more ambitious, innovative, and cost saving alternative. On October 23, 2023, the City Manager administratively approved the South Coast Piering, Inc. (dba SABER) contract in the amount of $49,751.91. This contract afforded the City the ability to utilize a novel approach to stabilize the roadway subgrade failure. On January 8th through January 11th, 2024, SABER drilled 5/16 inch to 5/8 inch holes through the pavement surface and injected 5,500 pounds of high density polyurethane material to fill voids in the street’s subgrade and stabilized the failed area. This approach, which was successfully utilized for the first time in City of Fountain Valley’s history, was able to save the City over one million dollars from the original estimate as no trenching, dewatering, shoring and excavation of saturated soil was necessary to repair the failed subgrade.

The Rehabilitation of Newland Street Project would have taken several more months to complete, if awarded. Instead, the total time to complete the polyurethane foam injection, and pavement and concrete restoration was approximately 30 days. As the road has now been successfully repaired and additional services are no longer required, City staff is presenting for City Council consideration the rejection of all bids for the Rehabilitation of Newland Street Project (Project No. 24012).

Moreover, given that the roadway has been repaired, the local emergency can now be safely rescinded. Provided as Attachment #5 is the Resolution Rescinding the Proclamation of the Existence of a Local Emergency and All Associated Emergency Orders.

FISCAL REVIEW:

FY 2023/2024 Budget - Project No. 24012, Newland Pavement Failure Project No. 24012 Account No. 24012.00.56012 (Original Budget) $1,200,000* SABER – Deep Foam Injection to Stabilize Subgrade for
Newland Street Local Emergency **
$49,751.91
Onyx Paving Company - for Newland Street Local Emergency Pavement Failure Road Rehabilitation ***
$57,817.85
Other Expenditures – Design, Geotechnical, Traffic Control $90,416.14 Project Savings $1,001,960.10
* The project budget was reduced to $900k during the Mid-Year Budget adjustment in anticipation of the project savings ** South Coast Piering, Inc. (dba SABER) CON 1391 executed on October 23, 2023 administratively *** Request for Change Order No. 2 to Onyx Paving Company CON 1345 Approved and Executed on November 14, 2023

Rehabilitation of Newland Street Project (Project No. 24012) – Reject All Bids & Approve a Resolution Rescinding the Proclamation of the Existence of a Local Emergency and All Associated Emergency Orders
March 5, 2024

Cost Comparisons for Project No. 24012, Newland Pavement Failure All American Asphalt
(Lowest Bid Amount)
SABER & Onyx
Paving Company
(Combined Cost)
Cost Savings Percentage Cost
Savings
$626,155.00 $107,569.76 $518,585.24 83%
PUBLIC NOTIFICATION:

Not applicable.

ENVIRONMENTAL IMPACT REVIEW:

Not applicable.

ATTORNEY REVIEW:

The Attorney for the City has reviewed and approved the Resolution Rescinding the Proclamation of the Existence of a Local Emergency and All Associated Emergency Orders.

ALTERNATIVES:

Alternative No. 1:

1. Reject all bids for the Rehabilitation of Newland Street Project (Project No. 24012).

2. Approve A Resolution Rescinding the Proclamation of the Existence of a Local Emergency and All Associated Emergency Orders.

Alternative No. 2:

1. Do not reject all bids for the Rehabilitation of Newland Street Project (Project No. 24012) at this time.

2. Do not approve A Resolution Rescinding the Proclamation of the Existence of a Local Emergency and All Associated Emergency Orders.

RECOMMENDATION:

Staff recommends that the City Council:

1. Reject all bids for the Rehabilitation of Newland Street Project (Project No. 24012).

2. Approve A Resolution Rescinding the Proclamation of the Existence of a Local Emergency and All Associated Emergency Orders.

Rehabilitation of Newland Street Project (Project No. 24012) – Reject All Bids & Approve a Resolution Rescinding the Proclamation of the Existence of a Local Emergency and All Associated Emergency Orders
March 5, 2024

Prepared by: Terri Phan, Management Aide
Recommended by: Kyle Hilton, Associate Engineer
Reviewed by: Temo Galvez, P.E., Deputy Public Works Director / City Engineer Approved by: Scott Smith, P.E., Director of Public Works Fiscal Review by: Ryan Smith, Finance Director / City Treasurer Approved by: Omar Dadabhoy, Deputy City Manager/Community Development Director
Attachment 1: South Coast Piering, Inc. (dba SABER) CON 1391 Attachment 2: South Coast Piering, Inc. (dba SABER) Proposal Attachment 3: Onyx Paving Company, Inc. CON 1345
Attachment 4: Request for Change Order No. 2 to Onyx Paving Company, Inc. CON 1345 Attachment 5: A Resolution of the City Council of the City of Fountain Valley, California, Rescinding the Proclamation of the Existence of a Local Emergency and All Associated Emergency Orders

Saber
7301 Madison St. Paramount, CA 90723
Contact: Keith Davis
Cell: 951-9706332
Email: [email protected]
Fax:800-474-6332
www.saberfoundations.com
SUBMITTED TO:

City of Fountain Valley (Client) Temo Galvez
10200 Slater Ave. Phone: (714) 593-4517
Fountain Valley, CA 92708 Email: [email protected] BID SUMMARY Project Name: Ellis Ave. and Newland St. soil stabilization project (PR132711)
Project Location: 10200 Slater Ave. Fountain Valley, CA 92708 Bid Date: September 29, 2023

BID AMOUNT
$49,751.91
SCOPE OF WORK This Rough Order of Magnitude proposal submittal includes all labor, materials, equipment and site supervision required to install PolyLEVEL as specified for the above referenced project. This proposal/quote is valid for 30 days.

PRODUCTS PolyLEVEL
(5400) Pounds of PL400H - PolyLEVEL two-part high density (4lb) hydro-insensitive polyurethane foam system (700) LF sacrificial deep injection conduit

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Saber
7301 Madison St. Paramount, CA 90723
Contact: Keith Davis
Cell: 951-9706332
Email: [email protected]
Fax:800-474-6332
www.saberfoundations.com
SUBMITTED TO:

City of Fountain Valley (Client) Temo Galvez
10200 Slater Ave. Phone: (714) 593-4517
Fountain Valley, CA 92708 Email: [email protected] BID SUMMARY Project Name: Ellis Ave. and Newland St. soil stabilization project (PR132711)
Project Location: 10200 Slater Ave. Fountain Valley, CA 92708 Bid Date: September 29, 2023

BID AMOUNT
$49,751.91
INSTALLATION PolyLEVEL
• Layout and mark injection locations, drill 5/16" to 5/8" holes through surface and install injection ports.Asphalt ports (11'x65' area on a 5' grid) consist of 28EA of 8', 5', and 3' deep ports. 50LBS of material per port has been used for bidding purposes only
Gutter & curb ports (3'x65' area at 3' on center) consist of 22EA 3' deep ports with 50LBS of material per port has been used for bidding purposes only and 22EA shallow lift ports with volumes based upon the average lift amounts designated by manometer readings taken on 9/29/23; this portion of work is only successful if the monolithic curb and gutter lift with the porting designated.

Sidewalk ports (4'x65' area at 3 to 5 foot centers) consist of shallow lift ports only based upon an average lift amount from the manometer readings taken on 9/29/23
• Inject PolyLEVEL material at rates necessary to fill voids and stabilize the effected area. Lift areas to desired elevations IF the monolithic components react as expected. • A production schedule of approximately 4 day(s). However, unforeseen conditions such as inclement weather, site access issues, acts of God, etc, may affect the project schedule. • 1. Furnish Supportworks PL400H closed cell high density polyurethane system.A. 2 Part, one-to-one ratio by volume, closed cell, high density polyurethane foam system.

B. In all cases the hydrophobic/hydro-insensitive material, which permits the formation of polyurethanes in excess water at no additional charge.

C. Minimum free-rise density of 4LBS/Cubic foot per ASTM D1622 D. Minimum compressive strength of 70psi per ASTM D1621 E. Minimum tensile strength of 70psi per ASTM D1623
F. With hydrophobic material being used, water absorption should be less than 2% when tested per ASTM D2842

2. Determine the locations of the injection holes per repair sketch, permanent obstacles may affect spacing.

3. Inject polyurethane material through a series of 5/16"-5/8" drilled holes until the prescribed volume is reached or excessive system back pressure is achieved. The rate and amount of material injection will be determined by the contractor. No structural or cosmetic patching of surfaces or holes are included. The deep injection rods will be trimmed at the surface and driven slightly below existing impervious surfaces.

4. Control the final elevations using continuous or periodic manometer readings, string lines, sound and visual observation monitored by the installation crews during injection to determine sufficient material usage.

5. Formulate the high density polyurethane to set and obtain 90% of its compressive strength within 15 minutes after injection. Attain manufacturer's recommended compressive strength unless otherwise noted on the project plans.
• Excludes night, weekends, and overtime work.

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Saber
7301 Madison St. Paramount, CA 90723
Contact: Keith Davis
Cell: 951-9706332
Email: [email protected]
Fax:800-474-6332
www.saberfoundations.com
SUBMITTED TO:

City of Fountain Valley (Client) Temo Galvez
10200 Slater Ave. Phone: (714) 593-4517
Fountain Valley, CA 92708 Email: [email protected] BID SUMMARY Project Name: Ellis Ave. and Newland St. soil stabilization project (PR132711)
Project Location: 10200 Slater Ave. Fountain Valley, CA 92708 Bid Date: September 29, 2023

BID AMOUNT
$49,751.91
QUALIFICATIONS PolyLEVEL
• A pumping unit capable of injecting high density polyurethane material beneath the slab will be utilized. The pumping unit will be capable of controlling the rate of flow of material as required to lift the slabs in a gradual and controlled manner.
• Client is responsible for providing, geotechnical engineering services, Right of Way permit and traffic control. • Installations will be completed during acceptable hours; weekdays 7:00AM-4:00PM • Proposal includes up to 5400 pounds of PolyLevel. If additional material is needed beyond what is stated in this proposal, an additional charge of $12.00 will be added per pound of material used. Additional material will only be installed following client approval.
• Due to the nature of the work, we can not guarantee lift or refrain from surface damages to the asphalt areas due to pressure bulging effects.
• Proposal includes prevailing wage rates.

Other Qualifications
• Acceptance Terms - Your signature indicates the following. The prices proposed, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. We jointly and severally agree to pay material upon delivery, and final upon completion of the job. We acknowledge that projects that are in duration of an excess of 15 calendar days will be obligated to progress billing and payments. Progress bills will be submitted by the 25th of the month and due upon receipt. **My signature indicates that I am authorized and accept the terms of this Proposal**
EXCLUSIONS • Saber is not responsible for damage to underground utilities, drains, sprinklers, lighting or mechanical and electrical ductwork/conduits. Saber is also not responsible for cosmetic or structural damages due to installation of the proposed products, this includes such damages to: landscaping, concrete, exterior and interior cosmetic finishes, wall surfaces, drywall, framing, carpet, tile, wood and other finished flooring, and private utilities. Understand the nature of the work being proposed and pre-plan for additional potential costs for replacement and repairs to known affected items above. Depending on the type of work proposed, dig Alert will be contacted to mark public utilities prior to start of work.
• Providing traffic control services, if applicable, or lighting necessary to provide crew visibility during installation at each work area.
• Engineering costs, permit costs, special inspectors costs which may be required by the issuing building department.

All costs to move, remove or replace utilities, public or private, under and around the structure in the work area if needed. Insurance premiums exceeding our policy limits of $1,000,000/$2,000,000, bond premiums, vehicle insurance additional insured. If you require insurance premiums exceeding our policy limits a quote will be provided to you upon request and a change order issued in the amount of the increased fees upon acceptance. • Establishment of final material volumes per port. Values shown ore for bidding purposes only and excludes and design and geotechnical calculations.
• Class A concrete license; Saber holds a Class B general contractors license. • Performance testing of installed products.

Saber
SIGNATURE:

DATE:

Acceptance of Proposal - The prices proposed, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. We jointly and severally agree to pay material upon delivery, and final payment due upon completion of the job. We acknowledge that projects that are in duration of an excess of 15 calendar days will be obligated to progress billing and payments.

Progress bills will be submitted by the 25th of the month and due upon receipt. **My signature indicates that I am authorized and accept the terms of this Proposal** SIGNATURE:

October 03, 2023 DATE: Page 3 of 3
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1. COMPLIANCE WITH THE LAW
A. All Work performed under this Contract will meet requirements of California state law and any applicable federal laws, ordinances, regulations, and codes, to the extent required.

B. Saber is licensed to perform the work described in the Job Detail. Saber will notify Client of any change in that license status.

2. PERMITS AND FEES
Saber will pay city business license fees for Saber to complete the work as described in this contract. If requested by the Client, Saber shall secure the building permit fee and request from the Client reimbursement for said fee(s) by providing a copy of the receipt to the Client along with an invoice. This fee is not a part of the original quoted contract price.

3. TEMPORARY UTILITIES
Client shall permit Saber to use utility services, including water, electric power, heating, and cooling, without charge, when required to complete the Work. Saber shall provide all required connections to these services in a safe manner and in accord with applicable codes. Saber shall ensure that utility services furnished by Client are not wasted. Before Final Completion, Saber will remove all temporary connections and return the existing water, electric, heating, and cooling systems to a condition at least as serviceable as prior to the Date of Commencement.

4. JOB CLEANUP
Saber shall regularly remove from the Job Site and storage areas all surplus material, waste, and debris resulting from the Work. At completion of the Work, Saber shall remove all tools, equipment, and scaffolding brought to the Job Site by Saber.

5. CLIENT'S RESPONSIBILITIES
A. Saber is not a licensed Engineer, consultant or Certified Inspector. Saber is a specialty foundation repair Saber licensed to complete repairs to foundations. Client may at their discretion hire the services of a Structural and Geotechnical engineer to review their property. Saber will complete the work in the manner specified by the engineer, a change order may be required in the event the engineer changes the scope of work as set forth under the contract. Client is responsible for additional charges resulting from the engineers change to scope of work.

B. Client will pay all application fees and connection charges imposed by utility companies or government agencies for bringing service to the Job Site, and for connecting gas, water, electricity, phone, cable, sewer, and drainage lines.

C. Client, through its architect or engineer, shall have the location of underground utilities marked and verified prior to beginning work and such areas should be indicated in the contract documents. All costs associated with marking and verifying the location of utility lines are the responsibility of the Client.

Unless agreed to otherwise in writing, any costs to repair damage or loss of use of utilities resulting from the failure of the Client to verify the location of utility lines is the responsibility of Client.

D. Saber can, at the request and for an additional fee, provide the Client with Utility Insurance for the Project.

E. If applicable, Client shall provide a full set of complete and approved design plans and specifications.

Saber is entitled to rely on the construction drawings and specifications provided to it. Saber does not represent any review of the design plans and specifications for completeness or suitability for intended use. This is the job of the engineer hired by the Client.

F. Client will allot an area for storage of equipment and/or materials by the Saber.

G. Client will not interfere with or permit others to interfere with, stop, hinder, or delay completion of the Work by Saber except as provided under this Contract. Client will put tenants/renters on notice of the Work. Client will prevent children, pets, tenants/renters and/or any other non-Saber employees from entering the work area during construction, this includes hours the construction crew is not onsite.

H. Client understands that unexpected costs may result from unforeseeable obstacle(s) beneath the surface of the soil. Impacts from unforeseeable conditions such as this or other unplanned events shall be considered a Force Majeure event.

6. PROJECT SCHEDULE
Contractor shall plan, develop, supervise, control, and coordinate the performance of the work so that job progress, sequence and timing conform to the construction schedule. If Saber falls materially behind the currently approved construction schedule, Client may require Saber to prepare and submit for approval, at no cost to Client, a plan for completing the Work within the Contract Time.

7. SCHEDULE OF PROGRESS PAYMENTS
The schedule of progress payments must specifically describe each phase of work, including the type and amount of work or services scheduled to be supplied in each phase, along with the amount of each proposed progress payment. IT IS AGAINST THE LAW FOR A CONTRACTOR TO COLLECT PAYMENT FOR WORK NOT YET COMPLETED, OR FOR MATERIALS NOT YET DELIVERED. HOWEVER, A CONTRACTOR MAY REQUIRE A DOWN PAYMENT.

A. The payment schedule is as follows:
i. 30% payment is required upon delivery of materials and commencement of work. ii. Balance is due and payable upon project completion.

iii. Progress payments are payable by check and must be given directly to the on-site Project Foreman.

B. Submission of final payment by Client constitutes waiver of all Claims by Client against Saber, except:
i. Claims for Defective Work specifically identified before the making of final payment, ii. Any warranty or guarantee required by the Contract Documents, and Any right Client has as a matter of law.

8. NOTE ABOUT EXTRA WORK AND CHANGE ORDERS
A. Extra Work and Change Orders become part of the contract once the order is prepared in writing and signed by the parties prior to the commencement of any work covered by the new change order. The order must describe the scope of extra work or change, the cost to be added or subtracted from the contract, and the effect the order will have on the schedule of progress payments. Refer to section 5(H) for further explanation of this and Force Majeure events.

B. Any Claims for increases in the cost of the Work or additional time to complete the Work will be presented by the Saber to the Client in writing (change order), and written approval from Client shall be obtained by the Saber before proceeding.

C. Email communications are deemed acceptable written approvals for all aspects of this Agreement.

9. PERFORMANCE OF EXTRA OR CHANGE ORDER WORK NOTICE
A. Client may not require Saber to perform extra or change order work without providing written authorization prior to the commencement of any work covered by the change order.

B. Extra work or change order is not enforceable against Client unless the change order identifies all of the following in
writing prior to the commencement of any work covered by the new change order:
i. The scope of work encompassed by the order.
ii. The amount to be added or subtracted from the contract. iii. The effect the order will make in the progress payments or the completion date. iv. Contractor’s failure to comply with the requirements of this paragraph does not preclude the recovery of compensation for work performed upon legal or equitable remedies designed to prevent unjust enrichment.

10. DELAYS
A. In the event the Saber is delayed in the execution of the Work by weather, acts of God, fire, flood, or any other unavoidable casualties, or by late delivery of materials or neglect by the Client, the

time for completion shall be extended for the same period as the delay occasioned by any of the aforementioned causes.

B. Saber shall not be responsible for any consequential damages including but not limited to lose of rental income, investment income, habitation expenses or travel expenses claimed by Client for any such delay as described in Section 10A.

11. INSURANCE
A. The Client:

Agrees to maintain proper and appropriate insurance on the Property during the progress of the Work.

B. Saber:

COMMERCIAL GENERAL LIABILITY INSURANCE (CGL)
Saber carries commercial general liability insurance written by TrueNorth Companies. You may call TrueNorth Companies at 515-393-5663 to check the contractor’s insurance coverage.

WORKERS’ COMPENSATION INSURANCE
Saber carries workers’ compensation insurance for all employees. You can verify coverage by calling Bowermaster Insurance Brokers at 714-733-6200

12. MECHANICS LIEN WARNING
Anyone who helps improve your property, but who is not paid, may record what is called a mechanics’ lien on your property. A mechanics’ lien is a claim, like a mortgage or home equity loan, made against your property and recorded with the county recorder.

Even if you pay Saber in full, unpaid subcontractors, suppliers, and laborers who helped to improve your property may record mechanics’ liens and sue you in court to foreclose the lien. If a court finds the lien is valid, you could be forced to pay twice or have a court officers sell your home to pay the lien. Liens can also affect your credit.

To preserve their right to record a lien, each subcontractor and material supplier must provide you with a document called a ’20-day Preliminary Notice’ this notice is not a lien. The purpose of the notice is to let you know that the person who sends you the notice has the right to record a lien on your property if he or she is not paid.

BE CAREFUL. The Preliminary Notice can be sent up to 20 days after the subcontractor starts work or the supplier provides material. This can be a big problem if you pay Saber before you have received the Preliminary Notices. You will not get Preliminary Notices from your prime contractor (if applicable) or from laborers who work on your project. The law assumes that you already know they are improving your property.

PROTECT YOURSELF FROM LIENS. You can protect yourself from liens by getting a list from Saber of all the subcontractors and material suppliers that work on your project. Find out from Saber when these subcontractors started work and when these suppliers delivered goods or materials then wait 20 days, paying attention to the Preliminary Notices you receive.

PAY WITH JOINT CHECKS. One way to protect yourself is to pay with a joint check. When Saber tells you, it is time to pay for the work of a subcontractor or supplier who has provided you with a Preliminary Notice, write a joint check payable to both the Saber and the subcontractor or material supplier.

For other ways to prevent liens, visit CSLB’s website at www.cslb.ca.gov or call CSLB at 1-800-321-CSLB (2752).

Remember, if you do nothing, you risk having a lien placed on your home. This can mean that you may have to pay twice, or face the forced sale of your home to pay what you owe.

13. INFORMATION ABOUT THE CONTRACTORS STATE LICENSE BOARD (CSLB) CSLB is the state consumer protection agency that licenses and regulates construction contractors.

Contact CSLB for information about the licensed Saber you are considering, including information about disclosable complaints, disciplinary actions and civil judgements that are reported to CSLB. Use only licensed contractors. If you file a complaint against a licensed contractor within the legal deadline (usually four years), CSLB has authority to investigate the complaint. If you use an unlicensed contractor, CSLB may not be able to help you resolve your complaint. Your only remedy may be in civil court, and you may be liable for damages arising out of any injuries to the unlicensed contractor or the unlicensed contractor’s employees.

For more information:

VISIT CSLB’s website at www.cslb.ca.gov
CALL CSLB at 1-800-321-CSLB (2752)
WRITE CSLB at P.O. Box 26000, Sacramento, CA 95826

14. THREE-DAY RIGHT TO CANCEL
You, the client, have the right to cancel this contract within three business days. You may cancel by mailing, or delivering a written notice to the Saber at the contractor’s place of business by midnight of the third business day after you received a signed and dated copy of the contract that includes this notice. Include your name, your address, and the date you received the signed copy of the contract and this notice.

If you cancel, Saber must return to you anything you paid within 10 days of receiving the notice of cancellation. For your part, you must make available to Saber at your place of business, in

substantially as good condition as you received it, any goods delivered to you under this contract or sale.

Or, you may, if you wish, comply with the contractor’s instructions on how to return the goods at the contractor’s expense and risk. If you make the goods available to the Saber and the Saber does not pick them up within 20 days of the date of your notice of cancellation, you may keep them without any further obligation. If you fail to make the goods available to Saber, or if you agree to return the goods to Saber and fail to do so, then you remain liable for performance of all obligations under the contract.

Date of Transaction: ____________________ Name on Transaction:
_______________________________________________________ To cancel this transaction, mail, or deliver a signed and dated copy of this cancellation notice to Saber at their primary place of business by midnight of __________________________________________ (Third business day following the date of transaction). Deliver to: South Coast Piering Inc., dba Saber at 7301 Madison St., Paramount, CA 90723
I hereby cancel this transaction.
_________________________________________________________________ _____________________________
_ Client’s signature Date

15. LIMITED WARRANTIES
A. Saber will complete the Work in a substantial and workmanlike manner according to standard practices prevalent in Saber’s trade.

B. Saber warrants that:
i. The Work will comply with all applicable building codes and regulations, and ii. The labor and materials provided as part of the Work will be free from substantial defects for 1 year from the date of completion.
iii. Except for materials expressly designated otherwise, Saber warrants that all materials and equipment furnished under this Contract shall be of good quality and new.

C. Attached is the Limited Product Warranty for the products installed as prescribed.

16. SUBSTANTIAL COMPLETION
When the work is substantially complete as per the contract scope of work and contract documents, Saber shall request acknowledgment of substantial completion by the Client. If the Client reasonably knows of nothing that prevents the work from being substantially complete, Client shall conduct an inspection of the work to evaluate compliance with the contract documents.

17. GOVERNING LAW
This Contract shall be governed by California law. Any litigation, mediation or arbitration proceeding shall be held in
the County where the Property is located or as agreed to by the Parties.

18. DISPUTE RESOLUTION
While we believe we will not have any disputes on this project, at Saber we believe the best means of prevention
of problems is to have good communication and a plan if a dispute arises. Therefore, this Contract is predicated on agreement to the following dispute resolution steps:

A. Communication
If there is any issue with regard to the work provided under this Contract, Client is to contact Saber in writing immediately to advise of the issue or concern. If written notice of any problem arising out of this Contract is not brought to Contractor’s attention within thirty (30) days of Owner’s discovery of the issue, Saber is relieved of any responsibility for resolving the issue.

B. Mediation
In the event that Saber and Client are unable to resolve any of their differences concerning disputes arising out of the Contract, they agree to participate in non-binding mediation concerning such differences prior to proceeding with any lawsuit. Mediation fees shall be split equally between the parties to a jointly selected neutral. Mediation is a condition precedent to any lawsuit or Arbitration.

Failure to reasonably attempt to participate in good faith in mediation shall preclude the non-compliant party from any recovery of attorney’s fees or costs.

19. ATTORNEY’S FEES
In the event a litigation or arbitration is instituted in connection with any claim arising from this Contract, the prevailing party shall be fully compensated for the cost of its participation in such proceedings, including the cost incurred for reasonable attorneys’ fees and experts’ fees. The attorneys’ fee award shall not be computed in accordance with any court schedule, but shall be such as to reimburse all reasonable attorneys’ fees actually incurred in good faith, regardless of the size of a

judgment, it being the intention of the parties to compensate for all reasonable attorneys’ and experts’ fees paid or incurred in good faith.

20. COMPLETE AGREEMENT
This Contract constitutes the entire agreement between Client and Saber concerning the subject matter hereof. All prior agreements, discussions, representations, warranties, and covenants are merged herein. There are no warranties, representations, covenants or agreements, expressed or implied, between the parties except those expressly set forth in this agreement. Any amendments or modifications of this agreement shall be in writing and executed by the contracting parties.

21. RETURNED CHECK DISCLAIMER
When you make a payment by check, you authorize us to process that check through your bank. If there are insufficient funds in your checking account, you will be required to pay a $35 Returned Payment Fee as applicable by law. If another payment method is returned unpaid, by your bank, we may, if permitted by applicable law, charge a Returned Payment Fee. Each returned item received by Company due to insufficient funds will be represented to the presenters’ bank no more than two times in an effort to obtain payment. Company is not responsible for any additional bank fees that will accrue due to the resubmission of the returned item.

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RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOUNTAIN VALLEY,

CALIFORNIA, RESCINDING THE PROCLAMATION OF THE EXISTENCE OF A

LOCAL EMERGENCY AND ALL ASSOCIATED EMERGENCY ORDERS
A. Local Emergency Chronology:

1. As a direct result of the 2023 series of California Rainstorms, the City sustained widespread damage to multiple City owned public facilities.

2. From March 2023 through the present, City staff has monitored, inspected, evaluated, and undertaken the actions necessary to preserve public safety, ensure functioning City infrastructure and preserve the culture and environment to ensure we remain “A Nice Place to Live.”

3. At this time City personnel have determined that the Newland Street roadway subgrade, which the Director of Emergency Services and the City Council have declared as a local emergency, together with the risk of additional expansion of subsidence north of Slater, have been properly addressed and therefore the local emergency declaration can safely be rescinded at this time.

4. Pursuant to Government Code section 8630, the City Council, after reviewing the need for continuing the local emergency, has determined that conditions no longer warrant continuing the local emergency.

B. Resolution
NOW, THEREFORE, BE IT RESOLVED AND ORDERED the City Council of the City of Fountain Valley California as follows:

SECTION 1. The above recitals are true and correct and incorporated herein.

SECTION 2. The Proclamation of the Existence of a Local Emergency is hereby rescinded in its entirety.

SECTION 3. All Orders issued by the City Council or the Director of Emergency Services pursuant to the local emergency declared by the Proclamation of the Existence of a Local Emergency are hereby rescinded and without further force or effect as of the date of this Resolution.

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SECTION 4. Nothing in this Resolution shall prevent the City Council or the City Manager, acting as the Director of Emergency Services, from exercising the authority provided by law if doing so is necessary in the future.

SECTION 5. The City Manager, or designee, is authorized and directed to take all action necessary to implement this Resolution.

PASSED AND ADOPTED by the City Council of the City of Fountain Valley at a regular meeting held on the ___ day of ____, 2024.
_____________________________________

MAYOR OF THE CITY OF FOUNTAIN VALLEY

GLENN GRANDIS
ATTEST:
_________________________

CITY CLERK OF THE CITY

OF FOUNTAIN VALLEY
APPROVED AS TO FORM:
_________________________

ATTORNEYS FOR THE CITY

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STATE OF CALIFORNIA )

COUNTY OF ORANGE )SS

CITY OF FOUNTAIN VALLEY ))
I Rick _____, City Clerk of the City of Fountain Valley, HEREBY DO CERTIFY that the foregoing resolution was duly adopted at a regular meeting of the City Council of the City of Fountain Valley, held on the ___ day of ___, 2024.

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
________________________

CITY CLERK OF THE CITY

OF FOUNTAIN VALLEY

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: March 5, 2024
Members of the City Council
SUBJECT: Approve the Proposed 2024 Legislative Platform

Three-Year Strategic Goals
☒ Enhance the culture and environment of “A Nice Place to Live” ☒ Achieve fiscal stability by evaluating processes, and attract and retain revenue producing businesses/opportunities
☒ Attract and retain quality staff through best practices and trends ☒ Maintain, build, and modernize infrastructure to support growth and future needs of the City
☐ Not applicable
EXECUTIVE SUMMARY:

The City Council adopted a revised Legislative Monitoring Program Policy on May 6, 2014, which was originally adopted on May 24, 1999. This policy serves multiple purposes: to establish a Legislative Committee; to provide a general policy framework for the Committee to analyze and take positions on active legislation; and set forth a general communication guide for ensuring the entire City Council stays informed. To proactively enable City staff to respond to fast moving and quickly changing legislation, the policy also incorporated an annual Legislative Platform. Staff is proposing the adoption of the proposed 2024 Legislative Platform to be responsive on legislation that may impact the City. The Legislative Committee met on February 28, 2024 and is recommending the approval of the proposed 2024 Legislative Platform.

DISCUSSION:

The current Legislative Monitoring Program Policy, adopted by the City Council on May 6, 2014, was established to improve the City’s response to active legislation that concerned specific policy areas (see Attachment No. 1). The procedure set forth calls for the annual appointment of two City Council members, by the Mayor, to the Legislative Committee. This Committee currently consists of Vice Mayor Ted Bui and Council Member Jim Cunneen and on an annual basis will recommend a Legislative Platform covering general policies on fiscal, transportation, environmental, liability or risk management, personnel, and community

Approve the Proposed 2024 Legislative Platform
March 5, 2024

development to the City Council for adoption. The adoption of an annual Legislative Platform is a common practice for a legislative body to proactively set forth the policies they wish to support or oppose. Through the adoption of more defined broad policy statements staff would be able to respond faster to quick moving legislation in the Capitol.

The Committee will also meet on an as-needed basis during the legislative sessions to discuss active legislation that is not accounted for in the City’s current Legislative Platform. During these as-needed meetings, staff will present the Committee with the facts and analysis of the active legislation and seek direction from the Committee as to any positions and/or actions to take. Following that, staff will memorialize the Committee’s direction and if no comments or concerns are heard from other City Council Members, appropriate actions such as issuing letters to our legislators will be taken.

The proposed 2024 Legislative Platform (see Attachment No. 2) has been drafted with consideration to legislative policies of the existing Legislative Monitoring Program, the League of California Cities legislative policies, input from all City departments, and input from the City’s Legislative Committee. Any active legislation with policy matter that falls outside of the strict confines of the Legislative Platform will be reviewed on a case-by-case basis by the Legislative Committee as discussed earlier.

FISCAL REVIEW:

There is no fiscal impact related to this item. As bills are introduced and the City considers positions, each bill will be analyzed for any fiscal impact it may have. In keeping with the Policy statements of the Legislative Monitoring Program, the City will generally support the protection of our revenues and oppose bills that have potential costs increase.

PUBLIC NOTIFICATION:

Not applicable.

ENVIRONMENTAL IMPACT REVIEW:

Not applicable.

ATTORNEY REVIEW:

The proposed 2024 Legislative Platform does not contain legal impacts. As bills are introduced and the City consider positions, each bill will be analyzed for their legal impact to the City and the Attorney for the City will be consulted as needed.

ALTERNATIVES:

Alternative No. 1: Approve the proposed 2024 Legislative Platform.

Alternative No. 2: Do not approve the proposed 2024 Legislative Platform and recommend changes to the proposed 2024 Legislative Platform.

Alternative No. 3: Take no action and have the Legislative Committee review all

Approve the Proposed 2024 Legislative Platform
March 5, 2024

potential legislative items.

RECOMMENDATION:

Staff is requesting City Council approval of Alternative No. 1 to approve the proposed 2024 Legislative Platform.

Prepared by: Meghan Wishner, Management Analyst
Reviewed by: Omar Dadabhoy, Deputy City Manager/Community Development Director
Approved by: Omar Dadabhoy, Deputy City Manager/Community Development Director
Attachments:

1. Adopted Legislative Monitoring Program

2. Proposed 2024 Legislative Platform Redline

3. Proposed 2024 Legislative Platform Clean

1 CITY OF FOUNTAIN VALLEY
20243 LEGISLATIVE PLATFORM
Administrative and Employment Related
 Support legislation modifying the Fair Labor Standards Act to permit adjustable work schedules to meet the needs of management and labor and to eliminate prospective and retroactive overtime payments.
 Support legislation that strengthens or reinforces management rights to include contracting and contract negotiations.
 Support legislation that reduces the City’s liability exposure.  Support legislation promoting alternative technology options when posting and noticing of public hearings and meetings, including online posting, at no cost to the City
 Support legislation that advocates fair and proportionate representation on countywide and regional boards.
 Support legislation to continue the PEPRA system or similar measure.  Support legislation that would define the term “limited duration” when hiring for “extra help” positions.
 Oppose legislation which would increase employee benefits without system reforms which would offset increased employer costs.
 Oppose legislation which would increase employer liability for unemployment compensation, or which would reduce local discretion to manage this risk.  Oppose the imposition of unfunded or inadequately funded state mandates.  Oppose any measure that would divert local funds to the State, or any other entity, to balance its budget.

Recreation & Community Services
 Support legislation that provides funding for transportation services especially for senior citizens, local job-training programs especially for youth and young adults.
 Support legislation that promotes health & wellness for children and seniors, when financially feasible.
 Support measures that promote volunteerism.
 Support legislation and funding for the construction, rehabilitation and maintenance of public facilities, parks and open space at the local, State and Federal levels.
 Support Federal and State funding legislation and other opportunities that promote health and wellness services and education offered to youth, veterans, low income and senior communities.
 Support legislation that promotes inclusion and equality to obtaining public education.
 Support Federal and State funding opportunities that promote our ability to provide public access to technology at community facilities.

2  Support legislation that provides funding for, or otherwise promotes programs to address and increase the level of physical activity among our community’s children.
 Support legislation to provide flexibility to use Parking-in-lieu fees for other infrastructure projects.
 Support efforts to provide an expedited process for the fair distribution of State bond funds and other grant opportunities.
 Oppose efforts that erode funding for vital regional and community services that negatively impact California’s access to parks, open space, bike lanes, after school programming, senior services, facilities that promote physical activity, protect natural resources and strengthen safety and security.  Oppose legislation limiting Fountain Valley’s ability to address homeless issues.  Oppose all efforts of social service and program realignment where funding has not been fully appropriated.

Environment
 Support measure which increase the water supply or improve water quality within the region.
 Support efforts that encourage the use of energy and water conservation techniques, as long as those measures do not contain unnecessary punitive measures to residents, business owners and local agencies.  Support legislation that would protect consumers and small business owners and end excessive energy and water charges.
 Support Federal and State programs and legislation that encourage the use of commercially viable, new clean energy technology, if such clean technology has proven to be cost efficient.
 Support measures that provide greater local control in meeting the environmental needs of the community (i.e. recycling/reclaiming of natural resources and energy efficiency measures).
 Support efforts designed to reduce or eliminate the spread of graffiti.  Support measures that maintain and enhance local authority and economic flexibility to regulate solid waste and recycles.
 Support efforts to streamline and improve the California Environmental Quality Act (CEQA) process.
 Support legislation or grant opportunities for local governments that provide funding for development or enhancing alternative fueling stations for vehicles and energy efficiency upgrades to City facilities.
 Oppose legislation that imposes undue hardship on local agencies to implement environmental/air quality regulations.
 Oppose imposition of unreasonable and/or unfunded water testing and treatment requirements.

Housing, Land Use Planning, and Community Development and Economic Development

3  Support legislation that strengthens the concept of local control with regulatory tools to ensure the City can maintain its quality of life.  Support legislation that supports local businesses and industry, including measures that remove barriers allowing local industries to sell goods and services internationally (i.e., free trade agreements).  Support legislation and funding for the adoption of effective state building codes to promote community building safety and mitigation of natural hazards.  Support legislation that would increase available funding for affordable housing, especially funding for each community to meet the affordability requirement of the RHNA allocation within the eight-year housing element cycle and the express recognition that, absent funding, that the affordable RHNA allocations may be unattainable.
 Support Federal and State financial support for affordable housing for lowincome elderly and disabled individuals.  Support legislation that would provide additional resources, including adequate funding, to local agencies to address regional growth issues such as air quality, water quality, air pollution, ocean water quality, transportation corridors, and homelessness.
 Support efforts that restrict the legal and fiscal capability of local agencies to prepare, adopt and implement fiscal plans for orderly growth, development, beautification and conservation of local planning areas, including, but not limited to, the regulatory authority over zoning, subdivisions, annexations, and redevelopment areas.
 Support state and federal legislation that allows reasonable state and local government oversight of group/sober living home including licensing, location, and occupancy limits similar to state licensing requirements for Community Care Facilities.
 Support legislation allowing greater use of Housing Authority funds to construct and operate navigation centers.
 Support efforts that are designed to provide local governments with the tools necessary to bolster economic development.
 Support legislation and regulatory streamlining initiatives that would enhance the City’s ability to attract and retain businesses as well as encourage business expansion and job retention.
 Support legislation that supports and protects business owners.  Oppose any legislation that is inconsistent with the doctrine of home rule, interferes with local exercise of police powers over local land use, or requires a federal, state, and/or county entity to develop model planning practices and policies.
 Oppose legislation that preempts local government’s ability to regulate and exercise its enforcement powers.
 Oppose additional housing mandates without necessary funding or legislation that penalizes a city if units identified in the Regional Housing Need Assessment (RHNA) are not constructed.
 Oppose any legislation mandate that supersedes local development standards or denies local governments the ability to enforce its development standards.

4  Oppose legislation that mandates increases in density or reduction in parking standards in residential zones.
 Oppose legislation to decrease Federal Community Block Grant funding.  Oppose legislation that would require local governments to compensate property owners for the effects of zoning and ordinary local land use control.  Oppose legislation requiring local governments to allow residential uses in nonresidential zones. 
Public Safety
 Support legislation and funding to strengthen and enforce legal protections for all individuals who are victims of human trafficking and crime, including minors and victims of family violence and sexual assault.
 Support legislative efforts to address the negative impacts of AB 109 (Public Safety Realignment), Proposition 47 (Reduced Penalties for Some Crimes) and Proposition 57 (Parole for Non-Violent Criminals) on local governments and provide local law enforcement with the appropriate tools to reduce criminal activity.
 Support legislation that provides funding support for disaster preparedness, earthquake preparedness, fire suppression and prevention, hazardous materials mitigation, rescue, emergency medical services, Homeland Security, State COPS program, booking fee reimbursement and other local law enforcement activities.
 Support legislation that provides local law enforcement agencies authority to recover any costs associated with complying with any federal, state or courtordered licensing, registration and testing requirements.  Support legislation to provide a greater share of and increased latitude to spend asset forfeiture funds.
 Support legislation and funding that promotes comprehensive and effective drug and alcohol education and rehabilitation programs.
 Support efforts to address the illicit use of opioids and hold accountable those who illegally sell and distribute them.
 Support legislative efforts and additional funding to help address the issue of homelessness.
 Support legislation that prohibits drones from interfering with a firefighting operation or other public safety response.
 Support legislation that enhances the 9-1-1 system integration with technology to trace cell phone callers and their location.
 Support legislation that would provide local jurisdictions with increased authority to regulate the sale of automobiles on public streets.
 Support legislation that establishes greater City Council latitude in setting speed limits.
 Support legislation to vigorously oppose the early release of prisoners, except in cases of extreme health conditions (COVID).

5  Support legislation that limits the issuance of alcoholic beverage licenses in areas of high crime or where excessive numbers of licenses exist.  Support legislative efforts to increase the amount of grant funding for local law enforcement operations, including school resource officers, body-worn camera system, and disaster preparedness initiatives.
 Support efforts which strengthen local fire and life safety services, including providing for greater local control over emergency medical and ambulance services to ensure the residents of Fountain Valley receive the highest possible level of emergency care.
 Support legislation that requires maintenance of defensible space in wildfireprone areas.  Support regional efforts to improve interoperability of voice and data communications equipment.
 Support legislation that would provide local jurisdictions with increased authority regulate the sale of automobiles on public streets.
 Support legislation that provides funding for terrorism response training, with broad interpretations of training curriculums.
 Support legislation that would provide increased funding to public safety agencies to enhance training to address community needs such as mental health and homelessness.
 Support legislation that offers drug offenders a chance to avoid a criminal conviction by entering a treatment program that is supervised by a special court, also known as a drug court. Drug court was essentially eliminated with proposition 47 and its elimination has led to more addicted individuals on our streets.
 Support legislation that recognizes mental health treatment non-compliance and addresses the state, county and/or city’s inability to detain and assist those individuals that are refusing to take prescribed medication for a mental health disorder.
 Support legislation that addresses the ongoing impact of wall times (Ambulance Patient Offload Delays) on patient care throughout California.  Support legislation and implementation of State program and policies that promote pedestrian and bicycling safety.
 Support legislation that provides more support to those struggling with substance and opioid abuse.
 Support legislation to prevent the flow of fentanyl into the City, including legislation regarding treatment for addiction and criminal penalties and prosecution for the sale of fentanyl.
 Support ongoing funding to bolster local efforts to support individuals experiencing or at risk of homelessness as well as strengthen state and local partnerships to improve access to wraparound services.
 Oppose legislation to create new financial burdens or erode public safety such as offenders who are now being supervised in the community by county probation departments rather than the California of Corrections and Rehabilitation parole officers.

6  Oppose legislation that would impede local law enforcement from addressing crime problems and recovering costs resulting from a crime committed by the guilty party.
 Oppose legislation that would decrease funding for the Assistance to Firefighters Grant Program within the Department of Homeland Security.  Oppose legislation, which would eliminate abandoned vehicle programs and a local government’s ability to immediately remove abandoned vehicles.  Oppose legislation that would decrease funding to the various Community Oriented Policing Services (COPS) programs.
 Oppose legislation, which would eliminate abandoned vehicle programs and a local government’s ability to immediately remove abandoned vehicles.  Oppose legislation that would allow public access to unencrypted, or sensitive law enforcement information over law enforcement communication systems. (Senate Bill 1000 was defeated in 2022 and will be resubmitted in 2023) Revenue and Taxation
 Support legislation that leads to greater financial independence from federal, state and/or county government, and protects local resources from seizure by federal, state and/or county agencies.
 Supports any measure that would provide greater local control over how local funds are expended.
 Support legislation and funding that preserves and enhances a positive business climate and maintains and grows the business tax base.
 Support legislation that would support new financing tools and programs that would encourage local economic development through tax increment financing.  Support efforts which make funds to support public facilities more available to local municipalities including, but not limited to libraries and open space.  Support legislation to stabilize State and local government financing, to increase funding to local agencies in an equitable manner, and to permit the most costefficient management of State-mandated programs.  Support Federal legislation which would require states to distribute Federal passthrough funds in an equitable manner to local subdivisions of the State.  Support legislation that would redistribute State and Federal revenues to better meet local government responsibilities.
 Support legislation that sources the sales tax generated from online sources to the City they are delivered to as opposed to the current County pool system.  Oppose legislative and administrative efforts by online travel companies to circumvent remittance of transient occupancy taxes to local governments from hotel reservations purchased using the internet.
 Oppose legislation which would reduce local discretion over locally-imposed taxes such as transient occupancy tax.
 Oppose legislation that removes or limits the municipal bond tax exemption.

7  Oppose any legislation that diminishes or does not assure local franchise fees for all utilities’ and communication carriers’ use of City right-of-way.  Oppose efforts by the state legislature to assess taxes on public goods and services such as water and electricity.
 Oppose legislation that would lower the vote threshold as a method to impose new taxes or create new financing opportunities.
 Oppose any attempt or measures that seek to weaken or reverse Proposition 13 or other Constitutional provisions that strengthen taxpayer protections, or whose purpose is to raise tax revenues at the expense of the residential or business community.
 Oppose measures that would impose State and Federal mandated costs for which there is no guarantee of local reimbursement or offsetting benefits (i.e. unfunded mandates).
 Oppose any measure that restricts or limits a public entity’s ability to use taxexempt debt or tax increment financing for the purchase or construction of public purpose improvements.
 Oppose any measure that would divert local funds to the State, or any other entity, to balance its budget.
 Oppose any change in tax allocations, which would negatively affect local government.
 Oppose legislation which would reduce local discretion over locally-imposed taxes such as transient occupancy tax.

Transportation, Utilities and Public Works
 Support legislation that provides for a more equitable distribution of federal and state highway funds that consider population growth as well as location of sales and gas tax generation.
 Support legislation that provides funding and resources for retrofitting municipal infrastructure to increase energy efficiency.
 Support legislation that would lift the minimum requirement of payment of prevailing wages on municipal Public Works projects.
 Support measures that provide local and regional funding opportunities for local transportation and system projects.
 Support legislation that encourages the use of design-build methods to facilitate a faster, stream-lined approach to project delivery.
 Support legislation such that funding for stormwater and water quality programs would be treated similarly to water, sewer, and solid waste under Proposition 218.
 Support efforts that encourage energy and water conservation techniques.  Support measures which provide greater local control in meeting the environmental needs of the community, i.e. recycling/reclaiming of natural resources and energy efficiency measures.
 Support legislation amending the State Code of Regulations to allow greater flexibility in land use and signage along state highways. 

8  Oppose measures that attempt to raise federal and/or state revenues for transportation funding through new or increased taxes or fees (i.e. vehicle milestraveled tax/fee).  Oppose legislation that imposes undue hardship on local agencies to implement environmental regulations.

Federal Legislation
 Support efforts to reinstate funding for Safe Routes to Schools programs.  Support streamlined environmental processing for federal regulatory permits.  Support continued funding for the Energy Efficiency Block Grant Program in order to provide resources directly to local governments for programs that improve energy efficiency.
 Support collecting and remitting state and local sales taxes to the state and city in which the purchaser is residing (i.e. purchases made over the Internet; by mail order; by catalog, etc.).
 Support legislation to modify the Federal Fair Labor Standards Act (FLSA) as it relates to regulating public sector employment.
 Support legislation that provides tangible and productive tools and incentives to support job creation and retention.
 Support legislation and grant opportunities that preserve or increase funding for Community Development Block Grant (CDBG), HOME, and Section 8 Housing.  Support legislation to hold the State of California and state agencies to the same transparency and accountability standards as cities.
 Support Federal legislation, which would require states to distribute Federal pass-through funds in an equitable manner to local subdivisions of the State.  Support legislation that would redistribute State and Federal revenues to better meet local government responsibilities.
 Support any measure that would provide greater local control over how local funds are expended.
 Support legislation that would reform or increase transparency and accountability into the legislative appropriation process.
 Support measures that provide relief to businesses and the City due to impacts of COVID-19.

1 CITY OF FOUNTAIN VALLEY
2024 LEGISLATIVE PLATFORM
Administrative and Employment Related
• Support legislation modifying the Fair Labor Standards Act to permit adjustable work schedules to meet the needs of management and labor and to eliminate prospective and retroactive overtime payments.
• Support legislation that strengthens or reinforces management rights to include contracting and contract negotiations.
• Support legislation that reduces the City’s liability exposure. • Support legislation promoting alternative technology options when posting and noticing of public hearings and meetings, including online posting, at no cost to the City
• Support legislation that advocates fair and proportionate representation on countywide and regional boards.
• Support legislation to continue the PEPRA system or similar measure. • Support legislation that would define the term “limited duration” when hiring for “extra help” positions.
• Oppose legislation which would increase employee benefits without system reforms which would offset increased employer costs.
• Oppose legislation which would increase employer liability for unemployment compensation, or which would reduce local discretion to manage this risk. • Oppose the imposition of unfunded or inadequately funded state mandates. • Oppose any measure that would divert local funds to the State, or any other entity, to balance its budget.

Recreation & Community Services
• Support legislation that provides funding for transportation services especially for senior citizens, local job-training programs especially for youth and young adults.
• Support legislation that promotes health & wellness for children and seniors, when financially feasible.
• Support measures that promote volunteerism.
• Support legislation and funding for the construction, rehabilitation and maintenance of public facilities, parks and open space at the local, State and Federal levels.
• Support Federal and State legislation and other opportunities that promote health and wellness services and education offered to youth, veterans, low income and senior communities.
• Support legislation that promotes inclusion and equality to obtaining public education.
• Support Federal and State funding opportunities that promote our ability to provide public access to technology at community facilities.

2 • Support legislation that provides funding for, or otherwise promotes programs to address and increase the level of physical activity among our community’s children.
• Support legislation to provide flexibility to use Parking-in-lieu fees for other infrastructure projects.
• Support efforts to provide an expedited process for the fair distribution of State bond funds and other grant opportunities.
• Oppose efforts that erode funding for vital regional and community services that negatively impact California’s access to parks, open space, bike lanes, after school programming, senior services, facilities that promote physical activity, protect natural resources and strengthen safety and security. • Oppose legislation limiting Fountain Valley’s ability to address homeless issues. • Oppose all efforts of social service and program realignment where funding has not been fully appropriated.

Environment
• Support measure which increase the water supply or improve water quality within the region.
• Support efforts that encourage the use of energy and water conservation techniques, as long as those measures do not contain unnecessary punitive measures to residents, business owners and local agencies. • Support legislation that would protect consumers and small business owners and end excessive energy and water charges.
• Support Federal and State programs and legislation that encourage the use of commercially viable, new clean energy technology, if such clean technology has proven to be cost efficient.
• Support measures that provide greater local control in meeting the environmental needs of the community (i.e. recycling/reclaiming of natural resources and energy efficiency measures).
• Support efforts designed to reduce or eliminate the spread of graffiti. • Support measures that maintain and enhance local authority and economic flexibility to regulate solid waste and recycles.
• Support efforts to streamline and improve the California Environmental Quality Act (CEQA) process.
• Support legislation or grant opportunities for local governments that provide funding for development or enhancing alternative fueling stations for vehicles and energy efficiency upgrades to City facilities.
• Oppose legislation that imposes undue hardship on local agencies to implement environmental/air quality regulations.
• Oppose imposition of unreasonable and/or unfunded water testing and treatment requirements.

Housing, Land Use Planning,Community Development and Economic Development

3 • Support legislation that strengthens the concept of local control with regulatory tools to ensure the City can maintain its quality of life. • Support legislation that supports local businesses and industry, including measures that remove barriers allowing local industries to sell goods and services internationally (i.e., free trade agreements). • Support legislation and funding for the adoption of effective state building codes to promote community building safety and mitigation of natural hazards. • Support legislation that would increase available funding for affordable housing, especially funding for each community to meet the affordability requirement of the RHNA allocation within the eight-year housing element cycle and the express recognition that, absent funding, that the affordable RHNA allocations may be unattainable.
• Support Federal and State financial support for affordable housing for lowincome elderly and disabled individuals. • Support legislation that would provide additional resources, including adequate funding, to local agencies to address regional growth issues such as air quality, water quality, air pollution, ocean water quality, transportation corridors, and homelessness.
• Support efforts that restrict the legal and fiscal capability of local agencies to prepare, adopt and implement fiscal plans for orderly growth, development, beautification and conservation of local planning areas, including, but not limited to, the regulatory authority over zoning, subdivisions, annexations, and redevelopment areas.
• Support state and federal legislation that allows reasonable state and local government oversight of group/sober living home including licensing, location, and occupancy limits similar to state licensing requirements for Community Care Facilities.
• Support legislation allowing greater use of Housing Authority funds to construct and operate navigation centers.
• Support efforts that are designed to provide local governments with the tools necessary to bolster economic development.
• Support legislation and regulatory streamlining initiatives that would enhance the City’s ability to attract and retain businesses as well as encourage business expansion and job retention.
• Support legislation that supports and protects business owners. • Oppose any legislation that is inconsistent with the doctrine of home rule, interferes with local exercise of police powers over local land use, or requires a federal, state, and/or county entity to develop model planning practices and policies.
• Oppose legislation that preempts local government’s ability to regulate and exercise its enforcement powers.
• Oppose additional housing mandates without necessary funding or legislation that penalizes a city if units identified in the Regional Housing Need Assessment (RHNA) are not constructed.
• Oppose any legislation mandate that supersedes local development standards or denies local governments the ability to enforce its development standards.

4 • Oppose legislation that mandates increases in density or reduction in parking standards in residential zones.
• Oppose legislation to decrease Federal Community Block Grant funding. • Oppose legislation that would require local governments to compensate property owners for the effects of zoning and ordinary local land use control.

Oppose legislation requiring local governments to allow residential uses in nonresidential zones.

Public Safety
• Support legislation and funding to strengthen and enforce legal protections for all individuals who are victims of human trafficking and crime, including minors and victims of family violence and sexual assault.
• Support legislative efforts to address the negative impacts of AB 109 (Public Safety Realignment), Proposition 47 (Reduced Penalties for Some Crimes) and Proposition 57 (Parole for Non-Violent Criminals) on local governments and provide local law enforcement with the appropriate tools to reduce criminal activity.
• Support legislation that provides funding support for disaster preparedness, earthquake preparedness, fire suppression and prevention, hazardous materials mitigation, rescue, emergency medical services, Homeland Security, State COPS program, booking fee reimbursement and other local law enforcement activities.
• Support legislation that provides local law enforcement agencies authority to recover any costs associated with complying with any federal, state or court‐ ordered licensing, registration and testing requirements. • Support legislation to provide a greater share of and increased latitude to spend asset forfeiture funds.
• Support legislation and funding that promotes comprehensive and effective drug and alcohol education and rehabilitation programs.
• Support efforts to address the illicit use of opioids and hold accountable those who illegally sell and distribute them.
• Support legislative efforts and additional funding to help address the issue of homelessness.
• Support legislation that prohibits drones from interfering with a firefighting operation or other public safety response.
• Support legislation that enhances the 9-1-1 system integration with technology to trace cell phone callers and their location.
• Support legislation that would provide local jurisdictions with increased authority to regulate the sale of automobiles on public streets.
• Support legislation that establishes greater City Council latitude in setting speed limits.
• Support legislation to vigorously oppose the early release of prisoners, except in cases of extreme health conditions (COVID).
• Support legislation that limits the issuance of alcoholic beverage licenses in areas of high crime or where excessive numbers of licenses exist.

5 • Support legislative efforts to increase the amount of grant funding for local law enforcement operations, including school resource officers, body-worn camera system, and disaster preparedness initiatives.
• Support efforts which strengthen local fire and life safety services, including providing for greater local control over emergency medical and ambulance services to ensure the residents of Fountain Valley receive the highest possible level of emergency care.
• Support legislation that requires maintenance of defensible space in wildfireprone areas. • Support regional efforts to improve interoperability of voice and data communications equipment.
• Support legislation that would provide local jurisdictions with increased authority regulate the sale of automobiles on public streets.
• Support legislation that provides funding for terrorism response training, with broad interpretations of training curriculums.
• Support legislation that would provide increased funding to public safety agencies to enhance training to address community needs such as mental health and homelessness.
• Support legislation that offers drug offenders a chance to avoid a criminal conviction by entering a treatment program that is supervised by a special court, also known as a drug court. Drug court was essentially eliminated with proposition 47 and its elimination has led to more addicted individuals on our streets.
• Support legislation that recognizes mental health treatment non-compliance and addresses the state, county and/or city’s inability to detain and assist those individuals that are refusing to take prescribed medication for a mental health disorder.
• Support legislation that addresses the ongoing impact of wall times (Ambulance Patient Offload Delays) on patient care throughout California. • Support legislation and implementation of State program and policies that promote pedestrian and bicycling safety.
• Support legislation that provides more support to those struggling with substance and opioid abuse.
• Support legislation to prevent the flow of fentanyl into the City, including legislation regarding treatment for addiction and criminal penalties and prosecution for the sale of fentanyl.
• Support ongoing funding to bolster local efforts to support individuals experiencing or at risk of homelessness as well as strengthen state and local partnerships to improve access to wraparound services.
• Oppose legislation to create new financial burdens or erode public safety such as offenders who are now being supervised in the community by county probation departments rather than the California of Corrections and Rehabilitation parole officers.
• Oppose legislation that would impede local law enforcement from addressing crime problems and recovering costs resulting from a crime committed by the guilty party.

6 • Oppose legislation that would decrease funding for the Assistance to Firefighters Grant Program within the Department of Homeland Security. • Oppose legislation, which would eliminate abandoned vehicle programs and a local government’s ability to immediately remove abandoned vehicles. • Oppose legislation that would decrease funding to the various Community Oriented Policing Services (COPS) programs.
• Oppose legislation, which would eliminate abandoned vehicle programs and a local government’s ability to immediately remove abandoned vehicles. • Oppose legislation that would allow public access to unencrypted, or sensitive law enforcement information over law enforcement communication systems. (Senate Bill 1000 was defeated in 2022 and will be resubmitted in 2023) Revenue and Taxation
• Support legislation that leads to greater financial independence from federal, state and/or county government, and protects local resources from seizure by federal, state and/or county agencies.
• Supports any measure that would provide greater local control over how local funds are expended.
• Support legislation and funding that preserves and enhances a positive business climate and maintains and grows the business tax base.
• Support legislation that would support new financing tools and programs that would encourage local economic development through tax increment financing. • Support efforts which make funds to support public facilities more available to local municipalities including, but not limited to libraries and open space. • Support legislation to stabilize State and local government financing, to increase funding to local agencies in an equitable manner, and to permit the most costefficient management of State-mandated programs. • Support Federal legislation which would require states to distribute Federal passthrough funds in an equitable manner to local subdivisions of the State. • Support legislation that would redistribute State and Federal revenues to better meet local government responsibilities.
• Support legislation that sources the sales tax generated from online sources to the City they are delivered to as opposed to the current County pool system. • Oppose legislative and administrative efforts by online travel companies to circumvent remittance of transient occupancy taxes to local governments from hotel reservations purchased using the internet.
• Oppose legislation which would reduce local discretion over locally-imposed taxes such as transient occupancy tax.
• Oppose legislation that removes or limits the municipal bond tax exemption. • Oppose any legislation that diminishes or does not assure local franchise fees for all utilities’ and communication carriers’ use of City right‐of‐way.

7 • Oppose efforts by the state legislature to assess taxes on public goods and services such as water and electricity.
• Oppose legislation that would lower the vote threshold as a method to impose new taxes or create new financing opportunities.
• Oppose any attempt or measures that seek to weaken or reverse Proposition 13 or other Constitutional provisions that strengthen taxpayer protections, or whose purpose is to raise tax revenues at the expense of the residential or business community.
• Oppose measures that would impose State and Federal mandated costs for which there is no guarantee of local reimbursement or offsetting benefits (i.e. unfunded mandates).
• Oppose any measure that restricts or limits a public entity’s ability to use taxexempt debt or tax increment financing for the purchase or construction of public purpose improvements.
• Oppose any measure that would divert local funds to the State, or any other entity, to balance its budget.
• Oppose any change in tax allocations, which would negatively affect local government.
• Oppose legislation which would reduce local discretion over locally-imposed taxes such as transient occupancy tax.

Transportation, Utilities and Public Works
• Support legislation that provides for a more equitable distribution of federal and state highway funds that consider population growth as well as location of sales and gas tax generation.
• Support legislation that provides funding and resources for retrofitting municipal infrastructure to increase energy efficiency.
• Support legislation that would lift the minimum requirement of payment of prevailing wages on municipal Public Works projects.
• Support measures that provide local and regional funding opportunities for local transportation and system projects.
• Support legislation that encourages the use of design-build methods to facilitate a faster, stream-lined approach to project delivery.
• Support legislation such that funding for stormwater and water quality programs would be treated similarly to water, sewer, and solid waste under Proposition 218.
• Support efforts that encourage energy and water conservation techniques. • Support measures which provide greater local control in meeting the environmental needs of the community, i.e. recycling/reclaiming of natural resources and energy efficiency measures.
• Support legislation amending the State Code of Regulations to allow greater flexibility in land use and signage along state highways. • Oppose measures that attempt to raise federal and/or state revenues for transportation funding through new or increased taxes or fees (i.e. vehicle milestraveled tax/fee).

8 • Oppose legislation that imposes undue hardship on local agencies to implement environmental regulations.

Federal Legislation
• Support efforts to reinstate funding for Safe Routes to Schools programs. • Support streamlined environmental processing for federal regulatory permits. • Support continued funding for the Energy Efficiency Block Grant Program in order to provide resources directly to local governments for programs that improve energy efficiency.
• Support collecting and remitting state and local sales taxes to the state and city in which the purchaser is residing (i.e. purchases made over the Internet; by mail order; by catalog, etc.).
• Support legislation to modify the Federal Fair Labor Standards Act (FLSA) as it relates to regulating public sector employment.
• Support legislation that provides tangible and productive tools and incentives to support job creation and retention.
• Support legislation and grant opportunities that preserve or increase funding for Community Development Block Grant (CDBG), HOME, and Section 8 Housing. • Support legislation to hold the State of California and state agencies to the same transparency and accountability standards as cities.
• Support Federal legislation, which would require states to distribute Federal pass-through funds in an equitable manner to local subdivisions of the State. • Support legislation that would redistribute State and Federal revenues to better meet local government responsibilities.
• Support any measure that would provide greater local control over how local funds are expended.
• Support legislation that would reform or increase transparency and accountability into the legislative appropriation process.
• Support measures that provide relief to businesses and the City due to impacts of COVID-19.

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: March 5, 2024
Members of the City Council
SUBJECT: Waive the bidding requirements pursuant to FVMC 2.36.070 Par 4 and authorize staff to issue two purchase orders totaling $514,039.80 to Rush Truck Centers of California, Inc. for the purchase of the following Public Works trucks through the existing cooperative contract with Sourcewell, and authorize staff to dispose of the existing vehicles by means that best meet the City’s needs:

One (1) new/unused 2025 Peterbilt 537 2-Axle Dump Truck for $198,889.25 One (1) new/unused 2025 Peterbilt 537 Asphalt Patch Truck for $315,150.55 Three-Year Strategic Goals
☐ Enhance the culture and environment of “A Nice Place to Live” ☐ Achieve fiscal stability by evaluating processes, and attract and retain revenue producing businesses/opportunities
☐ Attract and retain quality staff through best practices and trends ☒ Maintain, build, and modernize infrastructure to support growth and future needs of the City
☐ Not applicable
EXECUTIVE SUMMARY:

Staff is requesting that City Council waive the bidding requirements pursuant to FVMC

2.36.070 Par 4 and authorize staff to issue two purchase orders totaling $514,039.80 to Rush Truck Centers of California, Inc. for the purchase of the following Public Works trucks through the existing cooperative contract with Sourcewell, and authorize staff to dispose of the existing vehicles by means that best meet the City’s needs:

1. One (1) new/unused 2025 Peterbilt 537 2-Axle Dump Truck for $198,889.25

2. One (1) new/unused 2025 Peterbilt 537 Asphalt Patch Truck for $315,150.55 The new vehicles will replace Unit No. 8916, a 1998 Peterbilt 2-Axle Dump Truck assigned to Water Management, and Unit No. 8512, a 2003 Freightliner Heater Patch Truck assigned to Pavement Maintenance. Both of the existing vehicles have exceeded their life cycles, meet the

Purchase of Dump Truck and Patch Truck
March 5, 2024

condition requirements for replacement, and do not comply with the California Air Resources Board (CARB) Truck and Bus Regulation requirements to limit emissions.

There are sufficient funds in the Fleet Management Fund – Public Works Department, ISF – Fleet Capital – PW Trucks/Vans account (112.50.50052.55545) for the purchase of the identified vehicles.

By issuing purchase orders for the identified vehicles, the City will lock in the quoted prices and initiate the build process, which is expected to take six months.

DISCUSSION:

The FY 2023/24 Fleet Management Fund has budgeted $490,000 to replace the following Public Works vehicles:
 Unit No. 8916 – a 1998 Peterbilt 2-Axle Dump Truck assigned to Water Management.

This vehicle has been scheduled for replacement since FY 2019/20 and has exceeded its 20-year life cycle by four years. Staff recommends replacing the existing vehicle with a 2025 Peterbilt 537 2-Axel Dump Truck based on the needs of the Public Works Department and the work required of the vehicle.
 Unit No. 8512 – a 2003 Freightliner Heater Patch Truck assigned to Pavement Maintenance. This vehicle has been scheduled for replacement since FY 2018/19 and has exceeded its 15-year life cycle by five years. Staff recommends replacing the existing vehicle with a 2025 Peterbilt 537 Asphalt Patch Truck.

In addition to meeting the life cycle and condition requirements for replacement, both vehicles do not comply with the California Air Resources Board (CARB) Truck and Bus Regulation (regulation) requirements. The regulation requires that all diesel-powered trucks and buses operating in California with a gross vehicle weight rating (GVWR) greater than 14,000 pounds reduce exhaust emissions by meeting particulate matter filter requirements and upgrading to a 2010 or newer engine model year by January 1, 2023. Affected vehicles that do not meet this requirement, such as the existing dump truck and asphalt patch truck, can continue operating under the Low Use Exemption as long as they travel less than 1,000 miles per calendar year in California and annual reporting requirements are met.

Although the 2-axle dump truck is assigned to Water Management, all of the Field Services divisions utilize it for large projects. The dump truck is used regularly to haul waste material back to the yard or the dump, as well as to deliver new fill material to project sites when Utilities or Streets crews are working on water main, street, or sidewalk repairs. It is also used during emergencies, such as windstorms, when the City needs to remove fallen trees, large branches, and other debris from roadways and the public right-of-way. Currently, the use of the 2-axle dump truck is extremely limited due to the CARB regulation.

The asphalt patch truck is assigned to Pavement Maintenance and is utilized to pick up and deliver hot mix asphalt for street repairs. The patch truck is equipped to help the Streets crew make more effective and efficient pothole and street repairs because it is able to maintain the

Purchase of Dump Truck and Patch Truck
March 5, 2024

temperature of the asphalt to keep it pliable and usable over an extended amount of time.

Unfortunately, the existing patch truck has been taken out of service in compliance with the CARB regulation. Without a patch truck, the Streets crew must pick up and transport hot mix asphalt on a flatbed truck which allows it to cool and harden.

Staff has identified an existing cooperative contract through Sourcewell, formerly the National Joint Powers Alliance (NJPA) that can be used for the purchase of these vehicles. Sourcewell combines the buying power of 50,000 government, education, and nonprofit organizations through nationally, competitively solicited cooperative contracts. Cooperative purchasing is “Procurement conducted by, or on behalf of, one or more Public Procurement Units” as defined by the American Bar Association Model Procurement Code for State and Local Governments.

Sourcewell’s rigorous process streamlines the procurement process by developing Invitation for Bids and Request for Proposals for national, competitive solicitations that meet or exceed local requirements. Sourcewell issued a Request for Proposal (RFP), which was publicly advertised, in April 2020 for the procurement of Class 4-8 Chassis with Related Equipment, Accessories and Services. Twenty-five proposals were received in June 2020 and were evaluated based on eight criteria with pricing being the most heavily weighted. Based on that process, Peterbilt Motors Company was the highest ranked and awarded a cooperative contract (Contract #060920-PMC) by Sourcewell on July 21, 2020. The cooperative contract is effective for four years and is available for use by government and state agencies, including cities. The City can utilize the cooperative contract to purchase the vehicles at a competitive price in compliance with the City’s purchasing policy.

Section 2.36.070 Par 4 of the Fountain Valley Municipal Code authorizes the procurement of goods and services without formal bidding under the following circumstance: “When participating in cooperative contracts with another government agency.”
The total cost to purchase the new Dump Truck and Patch Truck utilizing the existing cooperative contract with Sourcewell is $514,039.80.

Replacing the existing 2-axle Dump Truck (Unit No. 8916) assigned to Water Management and the Patch Truck (Unit No. 8512) assigned to Pavement Maintenance will support the City’s strategic goal of maintaining, building, and modernizing infrastructure to support growth and future needs of the City.

FISCAL REVIEW:

The FY 2023/24 budget allocates a total of $1,783,000 in the Fleet Management Fund – Public Works Department, ISF – Fleet Capital – PW Trucks/Vans account (112.50.50052.55545) for the purchase and outfitting of 14 trucks. This account is in part, funded by the Water Management to fund their fleet vehicle needs. A total of $490,000 has been specifically budgeted for the replacement of Units Nos. 8916 and 8512.

The total cost to replace the identified vehicles is $514,039.80, which is $24,039.80 over the amount budgeted for the vehicles. The increased cost can be attributed to the limited availability of updated vehicle quotes and the additional cost for an automatic transmission

Purchase of Dump Truck and Patch Truck
March 5, 2024

dump truck. City staff makes an effort to get updated vehicle quotes during the budgeting process every year; however, efforts to do so have been impacted by the limited availability of vehicles. Therefore, the amounts currently budgeted for trucks were estimated based on prepandemic pricing and projected increases. In addition, City staff has decided to purchase an automatic transmission, instead of a manual transmission, dump truck at an additional cost of $7,959.40. The automatic transmission is intended to better accommodate staffing options and allow employees with a broader range of driving experience the opportunity to train internally and test for their commercial licenses. It is becoming more difficult to find drivers with experience in operating vehicles with a manual transmission.

Given the current market conditions, staff does not anticipate being able to purchase all of the 14 trucks that are scheduled for replacement in FY 2023/24. To date, the City has only been able to order three of the 14 trucks budgeted for in FY 2023/24. Therefore, there is sufficient funding in the account for the additional $24,039.80 needed to purchase the dump truck and patch truck.

Fleet Management Fund
Public Works Department
ISF – Fleet Capital – PW Trucks/Vans Account (112.50.50052.55545) Currently Available Amount - $1,327,190.39
FY 2023/24 Budget to Replace Identified Vehicles $ 490,000.00  Unit No. 8916 – 1998 Peterbilt 2-Axle Dump Truck – Water Management
 Unit No. 8512 – 2003 Freightliner Heater Patch Truck – Pavement Maintenance
$ 180,000.00
$ 310,000.00
FY 2023/24 Cost to Purchase Replacement Vehicles $ 514,039.80*  2025 Peterbilt 537 2-Axle Dump Truck – Qty. 1
 2025 Peterbilt 537 Asphalt Patch Truck – Qty. 1
$ 198,889.25*
$ 315,150.55*
*Includes sales tax and tire fees
The two existing trucks will be sold at auction and any revenue will be used to offset the cost of the new vehicles.

PUBLIC NOTIFICATION:

Not applicable.

ENVIRONMENTAL IMPACT REVIEW:

Not applicable.

ATTORNEY REVIEW:

This does not require the Attorneys for the City review or approval. This action will be issued on a City approved purchase order form that provides standard terms and conditions, which have been approved by the Attorneys for the City.

Purchase of Dump Truck and Patch Truck
March 5, 2024

ALTERNATIVES:

Alternative No. 1: Waive the bidding requirements pursuant to FVMC 2.36.070 Par 4 and authorize staff to issue two purchase orders totaling $514,039.80 to Rush Truck Centers of California, Inc. for the purchase of the following Public Works trucks through the existing cooperative contract with Sourcewell, and authorize staff to dispose of the existing vehicles by means that best meet the City’s needs:

1. One (1) new/unused 2025 Peterbilt 537 2-Axle Dump Truck for $198,889.25

2. One (1) new/unused 2025 Peterbilt 537 Asphalt Patch Truck for $315,150.55
Alternative No. 2: Do not approve the proposal to purchase the 2-Axle Dump Truck and the Asphalt Patch Truck through the cooperative contract and direct staff to obtain multiple quotes for the vehicles. This is not recommended, as the cost under the cooperative contract is competitive and provides the best value to the City. All Sourcewell contracts have been competitively solicited nationally. In addition, the use of cooperative contracts saves staff considerable time and effort over submitting individual requests and specifications to multiple vendors to meet the City’s specific procurement needs.

RECOMMENDATION:

Staff is requesting City Council approval of Alternative No. 1 to waive the bidding requirements pursuant to FVMC 2.36.070 Par 4 and authorize staff to issue two purchase orders totaling $514,039.80 to Rush Truck Centers of California, Inc. for the purchase of the following Public Works trucks through the existing cooperative contract with Sourcewell, and authorize staff to dispose of the existing vehicles by means that best meet the City’s needs:

1. One (1) new/unused 2025 Peterbilt 537 2-Axle Dump Truck for $198,889.25

2. One (1) new/unused 2025 Peterbilt 537 Asphalt Patch Truck for $315,150.55 Prepared by: Christine Smith, Senior Management Analyst Reviewed by: Mark Sprague, Field Services Manager
Approved by: Scott Smith, Public Works Director

Purchase of Dump Truck and Patch Truck
March 5, 2024

Fiscal review by: Ryan Smith, Finance Director
Approved by: Omar Dadabhoy, Deputy City Manager/Community Development Director
Attachments:

1. 2025 Peterbilt 537 Dump Truck Quote

2. 2025 Peterbilt 537 Patch Truck Quote

SW0219240912
Date: February 19, 2024
To: City of Fountain Valley
Address: 17300 Mt. Herrmann St Fountain Valley CA 92708 Member ID# : 62029
Name: Bob Truman
Email: [email protected]
Phone: (714) 593-4616
Quote Expire: March 31, 2023
Sourcewell: Contract # 060920-PMC
YEAR: 2025 TRANS.: Allison 3000 RDS-P
MAKE: Peterbilt R. AXLE: 21K
MODEL: 537 F. AXLE: 12K
Body Type: 10ft Dump Truck PINTLE HITCH: Yes
GVWR: 33,000 lbs PUSHER AXLE: None
ENGINE: Paccar PX9 ( Diesel ) Wheels: Aluminum
H/P: 330 hp @ 1000 ft/lbs torque FUEL TANKS: 50 Gallons Model 537 Cab & Chassis
List Price : ( Per Specifications City of Fountain Valley) $158,895.00 Model Sourcewell Disscount: ( See Pg. 2 ) 15.00% -$23,834.25 Total $135,060.75
Sourced goods / Services
Body: Valew 10' Hardox 450 Dump Body w/ 3 Ditch gates and Camera $41,140.00 Floor Plan production per diem for 150 Days $6,450.00
Chassis Engineering Frame Layout $1,500.00
Post Body Install Inspection $900.00
Manuals set ( Repair/Maintenance/Parts) Digital $1,200.00 Required SmartLINQ Remote Diagnostics Period - TSB# 23-60 (See Pg. 8) $499.00 Required CARB State of Registration - Clean Sticker - TSB# 23-66 (See Pg. 12) $9,000.00 Required Warranties - CARB Emissions 5yr / 150K Miles $1,866.00 Delivery Wash $155.00
Delivery $245.00
Transport: Valew - Rush $500.00
Taxable Fees ( Document Fee, Admin Fee ) $330.00
Total $63,785.00
Model 537 Cab & Chassis $135,060.75
Sourced goods / services $63,785.00
Total $198,845.75
Sales Tax (8.75%) $0.00
Admin Process - ( License/Title/Reg Exempt/ Electronic Filing ) $33.00 Tire Recycling Fee $10.50
Total Price $198,889.25
** Due to Chassis and Engine Allocations Price and Availability is Subject to change upon Chassis Order ** * 12% Ferderal Excise and or % State/Local Taxes Apply to Entities who are NOT Exempt * Contact: Jeff Quemada Phone: (626) 905-1799
Diesel Engine with Allison Transmission
2025 Peterbilt 537

DESCRIPTION
Sourcewell Quote Sheet
8830 E. Slauson Ave. Pico Rivera, CA 90660
Email: [email protected]
Rush Truck Centers
Rush Truck Centers of California, Inc. dba Rush T1ruck Center, Los Angeles Page 1 of 47

Model
Model
220
Model
537
Model
548
Example MSRP/Base List Price $100,794 $103,943 $118,554 CY2021-2024 Sourcewell

DISCOUNT
5%
Sourcewell Customer Price $95,754 $88,352 $100,771
Model
List Price
CY2021-2024 Sourcewell

DISCOUNT
Sourcewell Customer Price
Sourcewell Customer Pricing CY2021-2024
Peterbilt Motors Company Contract #060920-PMC September 1, 2022 REVISION Model
220EV
Model
535
Model
536
$510,000 $99,051 $102,158
$202,862 $213,784 $670,000
Model
365
Model
367
Model
567
Model
579
Model
579EV
Model
389
Model
520
Model
520EV
$433,500 $84,193 $86,834
$156,975 $165,392 $517,500
*Customer price includes cab & chassis, factory-freight, Pre-Delivery-Inspection (PDI) and dealer profit. *Customer price does not include any flooring/interest charges, any applicable taxes (i.e. FET), and any components/services provided by the Peterbilt dealer after delivery from Peterbilt factory (i.e. body, manuals, training, doc fees, local-delivery, additional fuel/def, extended coverages, etc.)
• Due to global supply chain cost increases, all trucks are subject to a commodity surcharge of up to 10% of truck (cab & chassis) price (List price less Sourcewell Discount)
• All orders must be submitted at current price level. Current price level is 1/1/23. Note, this might change for second half of 2023.
• Canadian Peterbilt Dealers have the option to order chassis in Canadian or US Dollars. • If ordered in US dollars, Canadian Peterbilt Dealers have the option to lock-in the exchange rate and have the truck invoiced in Canadian Dollars prior to build date. (typically 2 weeks before build date). • Peterbilt/PACCAR-Canada provides Peterbilt Dealers the updated exchange-rate on a daily basis. • PACCAR Treasury uses a daily average along with 6 month futures. 15%
25%
$146,249 $156,815 $152,147 $160,338 $502,500
$194,999 $209,086 $209,300 $220,522 $690,000
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Rush Truck Centers of California, Inc. dba Rush T1ruck Center, Los Angeles Rush Truck Centers of California, Inc. dba Rush T1ruck Center, Los Angeles Page 3 of 46 Page 3 of 47 Page 193 Joe Curran
National Fleet Sales Manager
11-23-20
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dba Rush Truck Centers, Los Angeles
Principals
The Principals of Rush Truck Centers of California, Inc. are:

Name Title Address
W.M. “Rusty” Rush Sole Director, President and CEO 555 IH35 South, Suite 500 New Braunfels, TX 78130
Derrek R. Weaver VP & Treasurer “
Michael McRoberts Secretary “
Scott Anderson VP Finance & Insurance “
Steven L. Keller Assistant Secretary “
Michael S. Lyons Assistant Secretary “
Hal Meriwether Regional General Manager 14490 Slover Ave.

Fontana, CA 92337
Daniel Perez General Manager 8830 East Slauson Ave.

Pico Rivera, CA 90660
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Notice Regarding Security Interest and Payment of Purchase Price

1. BMO Harris Bank N.A. (“Bank”) financed or will finance the acquisition of each vehicle that Rush Enterprises, Inc. and its subsidiaries (“Rush”) will in turn sell to you on deferred payment terms (“Vehicle”). Bank’s agreement with Rush requires that Bank’s security interest in each Vehicle continue until Bank receives the full amount that Bank financed for such Vehicle. Based on that agreement, your purchase of a Vehicle will be subject to Bank’s prior, unrelinquished security interest, which will continue until Bank receives the total amount that Bank financed for such Vehicle.

2. By written notice to you, Bank may require you to pay the purchase price for Vehicles directly to Bank. If you pay any portion of the purchase price for a Vehicle directly to Bank, Rush will credit such payment(s) against the amount you owe to Rush.

3. Notwithstanding the foregoing, on full payment for a Vehicle, Rush shall ensure that the Vehicle is free and clear of any liens, mortgages, security interests or other encumbrances of third parties, including BMO, and shall pay all amounts necessary to discharge any such encumbrance.

Rush Truck Centers of California, Inc. dba Rush T1ruck Center, Los Angeles Rush Truck Centers of California, Inc. dba Rush T1ruck Center, Los Angeles Page 6 of 46 Page 6 of 47

FEDERAL EXCISE TAX
Exemption Certificate
for Use by States & Local Governments
Treas. Reg. 48.4221-5
I hereby certify that I am (title of officer) of the
(state or local government) (“Purchaser”), that I am authorized to execute this certificate on behalf of Purchaser, and that:
(check applicable type of certificate)
A. the article/articles specified in the accompanying order or below:

Article/Articles (by VIN):
(if more room is needed, attach list of additional articles to this certificate) OR
B. X all orders placed by Purchaser for the period commencing January 1, 2024 (date) and ending December 31, 2024 (date) (period not to exceed 12 calendar quarters) are, or will be, purchased from Rush Truck Centers of California, Inc. (“Dealer”) for the exclusive use of Purchaser.

Purchaser understands that this statement is made under penalties of perjury.

Purchaser understands that the exemption from tax in the case of sales of articles under this exemption certificate to a State, etc., is limited to the sale of articles purchased for its exclusive use. Purchaser understands that the fraudulent use of this certificate for the purpose of securing this exemption will subject Purchaser and all parties making such fraudulent use of this certificate to a fine of not more than $10,000, or to imprisonment for not more than 5 years, or both, together with costs of prosecution.

PURCHASER
By:

Name:

Title:

RUSH FET FORM 1 – STATE/LOCAL GOVT EXEMPTION
Rush Truck Centers of California, Inc. dba Rush T1ruck Center, Los Angeles Rush Truck Centers of California, Inc. dba Rush T1ruck Center, Los Angeles Page 7 of 46 Page 7 of 47

TSB # 23-60 Page 1 of 4 SS
SUBJECT: SmartLINQTM Sales Codes and Subscription Update TSB # 23-60 DATE: 8-4-23
Starting with the 1/1/24 Price Level, the SmartLINQ®
sales code and subscription strategy is changing to
provide more flexibility and bring enhanced visibility
to the value of the suite of connected truck services.

Overview of Changes
Prior to 1/1/24 Price Level
• Standard hardware and 2-year subscription
on all capable class 8 models.
• Optional hardware and 2-year subscription
on capable Medium Duty models.
• Extended subscriptions included with
extended engine warranty.
• Optional extended subscription codes
available for customers not purchasing
extended engine warranty.
1/1/24 Price Level
• Standard hardware on all capable class 8
models.
• Standard hardware on all capable Medium Duty
models.
• Extended subscriptions de-coupled from
extended engine warranty.
• Varying subscription options available, ranging
from 3 to 10 year periods. SmartSpec will
default to 5-year subscription (with associated
NET pricing).

SmartLINQ Features and Benefits
SmartLINQ offers an excellent value proposition for large fleets, small fleets and vocational operations.

SmartLINQ features advanced health monitoring, Over-The-Air updates and detailed truck information as well as a streamlined web based renewal process. The advanced health monitoring helps dealers and customers proactively service their vehicles to maximize uptime. Over-The-Air updates also maximize uptrime by delivering timely software enhancements and helping customers avoid trips to the dealer for aftertreatment and engine software updates. The SmartLINQ platform provides the easiest way track fuel economy and idle time which lead to fuel savings and driver coaching opportunities.

On the Model 220EV, the vehicle location and battery state of charge are available to ensure fleet managers are always up-to-date. Reference TSB #23-61 for more information regarding SmartLINQ on the Model 220EV.

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TSB # 23-60 Page 2 of 4 SS
Subscription Offerings
Beginning with the 1/1/24 price level, SmartSpec will require selection of a SmartLINQ extended subscription.

Options are available in annual increments, ranging from 3 to 10 years.

SmartSpec will default to a SmartLINQ will default to a 5-year SmartLINQ subscription on all capable class 8 and medium duty models. Previously, SmartLINQ was standard on capable class 8 models and optional medium duty models. See summary below.

Prior to 1/1/2024 1/1/2024
Heavy Duty
Models
579
Standard: 2 yr
Optional: 3 – 7 yr
Models
579 Default: 5 yr*
Optional: 3 – 10 yr*
*With associated NET pricing
567 567
520 520
389 589
Medium Duty
Models
535
Optional: 2 – 7 yr
Models
535 Default: 5 yr*
Optional: 3 – 10 yr*
*With associated NET pricing
536 536
537 537
548 548
220EV N/A 220EV
Note, a SmartLINQ subscription selection is required to complete a sales order and is a non-discountable option.

Orders in the Backlog:

Orders in the backlog will not be impacted.

SmartLINQ Subscriptions
Option Code Description NET Price

PACCAR MX ENGINES
9408654 SmartLINQ RD/OTA - 3YR Sub $499
9408655 SmartLINQ RD/OTA - 4YR Sub $649
9408656 SmartLINQ RD/OTA - 5YR Sub $799
9408657 SmartLINQ RD/OTA - 6YR Sub $949
9408658 SmartLINQ RD/OTA - 7YR Sub $1,099
9408659 SmartLINQ RD/OTA - 8YR Sub $1,249
9408660 SmartLINQ RD/OTA - 9YR Sub $1,399
9408661 SmartLINQ RD/OTA - 10YR Sub $1,549
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TSB # 23-60 Page 3 of 4 SS

CUMMINS ENGINES
9408624 SmartLINQ RD - 3YR Sub $499
9408625 SmartLINQ RD - 4YR Sub $649
9408626 SmartLINQ RD - 5YR Sub $799
9408627 SmartLINQ RD - 6YR Sub $949
9408628 SmartLINQ RD - 7YR Sub $1,099
9408629 SmartLINQ RD - 8YR Sub $1,249
9408630 SmartLINQ RD - 9YR Sub $1,399
9408631 SmartLINQ RD - 10YR Sub $1,549

PACCAR PX ENGINES
9408632 SmartLINQ RD - 3YR Sub $499
9408633 SmartLINQ RD - 4YR Sub $649
9408634 SmartLINQ RD - 5YR Sub $799
9408635 SmartLINQ RD - 6YR Sub $949
9408636 SmartLINQ RD - 7YR Sub $1,099
9408637 SmartLINQ RD - 8YR Sub $1,249
9408638 SmartLINQ RD - 9YR Sub $1,399
9408639 SmartLINQ RD - 10YR Sub $1,549

PACCAR EV POWERTRAIN
9408643 SmartLINQ - 3YR Sub $499
9408644 SmartLINQ - 4YR Sub $649
9408645 SmartLINQ - 5YR Sub $799
9408646 SmartLINQ - 6YR Sub $949
9408647 SmartLINQ - 7YR Sub $1,099
9408648 SmartLINQ - 8YR Sub $1,249
9408649 SmartLINQ - 9YR Sub $1,399
9408650 SmartLINQ - 10YR Sub $1,549
Questions? Contact:

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TSB # 23-60 Page 4 of 4 SS
For questions about renewing your SmartLINQ subscription, contact Peterbilt SmartCARE support at (844) 591- 7383 (PETE) or [email protected].

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TSB # 23-66 Page 1 of 4 KB
SUBJECT: 2024 CARB & EPA Emissions Update TSB # 23-66
DATE: 8-4-23
California Air Resources Board (CARB) & Environmental Protection Agency (EPA) have both updated their requirements for new trucks ordered and built in 2024. The following updates to Emission, Clean Idle, and Surcharge codes are to support the new CARB & EPA requirements. In 2024, both California and Oregon are considered CARB States.

These option code requirements and guidelines are governed by a vehicles State of Registration and the state of operation. Vehicles that will operate in a CARB state have different requirements then vehicles that will operate only in EPA states.

Vehicles that will DOT register in an EPA state and operate only in an EPA state, the following EPA rules apply to your order. EPA has developed a new Federal Clean Idle label, Reference TSB 23-65, that will be required on all EPA certified MY24 diesel engines. Vehicles with only an EPA Federal Clean Idle label cannot DOT Register or operate in CARB states. EPA only orders will require an EPA Emission Warranty 5-Year/100,000 Mile and an EPA Engine Idling Compliance label code.

Vehicles that will DOT register in an EPA state and operate in a CARB state, the following EPA and CARB rules apply to your order. All new vehicles that will operate in a CARB state will require a CARB Clean Idle label. CARB also requires extended Emission Warranty of 5-years / 350,000 Mile, or 5-Years / 150,000 for PX engines, on all MY2024 vehicles with a CARB Clean Idle label. To operate in a CARB State, orders will need CARB Emission Warranty, CARB Engine Idling Compliance label, and CARB operating Base Warr: Emissions surcharge code. Vehicles with a Cummins diesel engine, that operate in a CARB State, require both an EPA and CARB Engine Idling Compliance label code.

Vehicles that will DOT Register in a CARB state, the following EPA and CARB rules apply to your order.

All new vehicles that will register in a CARB state will require a CARB Clean Idle label. CARB also requires extended Emission Warranty on all MY2024 vehicles with a CARB Clean Idle label. To register in a CARB State, orders will need a CARB Emission Warranty, CARB Engine Idling Compliance label, CARB State of Registration, and a CARB operating Base Warr: Emissions surcharge code. Vehicles with a Cummins diesel engine, that register in a CARB State, will require both an EPA and CARB Engine Idling Compliance label.

Natural Gas engines are excluded from the CARB Engine Idling Compliance requirement and don’t require a Clean Idle Label.

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TSB # 23-66 Page 2 of 4 KB
Scenario Warranty Compliance Label Surcharge Certified Clean Idle MX Engine
DOT Registered in
EPA State AND DO
NOT Operate in
CARB State
2140670 EPA
Emission Warranty
5yr/100,000mi
2140700 EPA Engine
Idling Compliance
Label
**See Surcharge
Section of Table
Below
MX Engine
DOT Registered in
EPA State AND
Operate in CARB
State
2140660 CARB
Emission Warranty
5yr/350,000mi
2140200 CARB
Engine Idling
Compliance Label
**See Surcharge
Section of Table
Below
MX Engine
DOT Registered in
CARB State
2140660 CARB
Emission Warranty
5yr/350,000mi
2140200 CARB
Engine Idling
Compliance Label
**See Surcharge
Section of Table
Below
AND
9408640 CARB State
of Registration
Scenario Warranty Compliance Label Surcharge Certified Clean Idle X15 & PX-9/7 Engine
DOT Registered in
EPA State AND DO
NOT Operate in
CARB State
2140670 EPA
Emission Warranty
5yr/100,000mi
2140700 EPA Engine
Idling Compliance
Label
**See Surcharge
Section of Table
Below
X15 & PX-9/7 Engine
DOT Registered in
EPA State AND
Operate in CARB
State
2140660 CARB
Emission Warranty
5yr/350,000mi
2140200 CARB
Engine Idling
Compliance Label
AND
2140700 EPA Engine
Idling Compliance
Label
**See Surcharge
Section of Table
Below
X15 & PX-9/7 Engine
DOT Registered in
CARB State
2140660 CARB
Emission Warranty
5yr/350,000mi
2140200 CARB
Engine Idling
Compliance Label
AND
2140700 EPA Engine
Idling Compliance
Label
**See Surcharge
Section of Table
Below
AND
9408640 CARB State
of Registration
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TSB # 23-66 Page 3 of 4 KB
Orders in the Backlog:

Price protection does not apply. Standard change order policy applies to dealer-initiated changes to orders in the backlog.

DESCRIPTION CODE PRICE
Available Options

CARB/EPA
Compliant Codes
CARB Emission Warranty 2140660
EPA Emission Warranty 2140670
Compliance Label
CARB Engine Idling Compliance 2140200
EPA Engine Idling Compliance 2140700
CARB and EPA Engine Idling Not Required 2140220
CARB
ONLY
State
Regis
tratio
CARB State of Registration n
9408640 $9,000
CARB
Operating
Surcharge
BASE WARR: EMISSIONS (CARB OPERATION) 5YR/100K MI – L9N 9408600 $3,200 CARB Operating
Surcharge
BASE WARR: EMISSIONS (CARB OPERATION) 5YR/150K MI - PX-9 9408701 $3,966
BASE WARR: EMISSIONS (CARB OPERATION) 5YR/150K MI - PX-7 9408702 $2,874
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TSB # 23-66 Page 4 of 4 KB
BASE WARR: EMISSIONS 5YR/100K MI-EPA ENGINE 9408703 $0
BASE WARR: EMISSIONS (CARB OPERATION) 5YR/350K MI - MX < 460HP
9408704 $2,320
BASE WARR: EMISSIONS (CARB OPERATION) 5YR/350K MI - MX > 460HP
9408705 $3,495
BASE WARR: EMISSIONS (CARB OPERATION) 5YR/350K MI - X15

EFF/PRO
9408706 $5,420
BASE WARR: EMISSIONS (CARB OPERATION) 5YR/350K MI - X15

PER/PRO
9408707 $9,195
SmartSpec® Notes:

See SmartSpec for price, weight, and footnote information.

Contact your Regional Sales Office with any questions.

Rush Truck Centers of California, Inc. dba Rush T1ruck Center, Los Angeles Rush Truck Centers of California, Inc. dba Rush T1ruck Center, Los Angeles Page 15 of 46 Page 15 of 47

Price Level: January 1, 2024 100% Complete Date: February 19, 2024 Deal: 537 PX9 Dump Auto
Printed On: 2/19/2024 10:46:48 AM
Quote Number: QUO-1095292-X1S5G4

Unit Chassis
Model: Model 537 Fr Axle Load (lbs): 12000
Type: Full Truck Rr Axle Load (lbs): 21000
Description 1: 537 PX9 Dump Auto G.C.W. (lbs): 66000
Description 2:

Application Road Conditions:

Intended Serv.: Construction Dump-On/Off Highway Class A (Highway) 95 Commodity: Construction Materials Class B (Hwy/Mtn) 5
Class C (Off-Hwy) 0
Body Class D (Off-Road) 0
Type: End Dump w/ Pup Trailer Maximum Grade: 6
Length (ft): 10 Wheelbase (in): 157
Height (ft): 9 Overhang (in): 50
Max Laden Weight
(lbs):
1500 Fr Axle to BOC (in): 69.5
Cab to Axle (in): 87.5
Trailer Cab to EOF (in): 137.5
No. of Trailer Axles: 0 Overall Comb. Length (in): 247
Type:

Length (ft): 0 Special Req.

Height (ft): 0
Kingpin Inset (in): 0
Corner Radius (in): 0
Restrictions
Length (ft): 40
Width (in): 102
Height (ft): 13.5
Rush Pblt Truck Centers (S990)
8830 E Slausen Avenue
Pico Rivera, California 90660
City Of Fountain Valley
17300 Mt Herrmann Street
Fountain Valley, California 92708
United States of America

JEFF QUEMADA
Cell Phone:

Office Phone: (562)566-1800
Email: [email protected]
Bob Truman
Office Phone: 714-593-4616
Email: [email protected]
Vehicle Summary
Approved by: Date:

Note: All sales are F.O.B. designated plant of manufacture.

Rush Truck Centers of California, Inc. dba Rush T1ruck Center, Los Angeles Page 16 of 47

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Rush Truck Centers of California, Inc. dba Rush T1ruck Center, Los Angeles Page 18 of 47

Rush Truck Centers of California, Inc. dba Rush T1ruck Center, Los Angeles Page 19 of 47

Rush Truck Centers of California, Inc. dba Rush T1ruck Center, Los Angeles Page 20 of 47

Rush Truck Centers of California, Inc. dba Rush T1ruck Center, Los Angeles Page 21 of 47

Price Level: January 1, 2024 100% Complete Date: February 19, 2024 Deal: 537 PX9 Dump Auto
Printed On: 2/19/2024 10:46:48 AM
Quote Number: QUO-1095292-X1S5G4

Std/
Opt Description Weight
Base Model
S Model 537
The Peterbilt Model 537 is highly versatile to take on the big jobs. It is available as a Class 7 truck or tractor with a GVW up to 33,000 lbs.

With a full range of suspensions and an available all-wheel-drive configuration, the 537 is the perfect match for applications such as wrecker, tanker, beverage delivery, and municipal utilities just about any job you can throw at it.
9,870
O Construction Materials 0
O Construction Dump-On/Off Highway
Truck or tractor without liftable trailing axle which carries bulk materials (excavated earth, sand/gravel, asphalt, demolition debris, etc.) and unloads by dumping out the back, over the side of the body, or out the bottom of the trailer.
0 O End Dump w/ Pup Trailer 0
O California Registry
California RegistryRequired for all vehicles that will be registered in the State of California.
0 Configuration
S Not Applicable
Secondary Manufacturer
0 Frame & Equipment
S 10-5/8" Steel Rails to 285"

10.625 x 3.45 x .313 Dimension, 1,776,000 RBM; Yield Strength:
120,000 psi. Section Modulus: 14.8 cubic inches. Weight: 1.44 lbs/inch pair
-7
O Heavy Duty 5-Piece Crossmember BOC IPO Standard
Class 5, 6, 7
20 O Aluminum Frame Rail Crossmembers
Excludes suspension
-7
O Custom Wheelbase or Overhang
Engineering approval may be required.
0 S EOF Square without Crossmember
End-of-frame square without crossmember. For use with body builder installed crossmember.
0 S Omit Rear Mudflaps and Hangers 0
Front Axle & Equipment
O Dana Spicer D1201IL 12,000 lb, 3.5 in. Drop
Axle features an integrated air disc brake (IADB) knuckle to improve braking and reduce maintenance for IADB applications. The axles are designed for applications with a gross axle weight rating (GAWR) of 12,000 pounds. IADB feature eliminates separate torque plate and fasteners. One piece forged design includes tie rod arm, torque plate 0 Rush Truck Centers of California, Inc. dba Rush T1ruck Center, Los Angeles Page 22 of 47

Price Level: January 1, 2024 100% Complete Date: February 19, 2024 Deal: 537 PX9 Dump Auto
Printed On: 2/19/2024 10:46:48 AM
Quote Number: QUO-1095292-X1S5G4

Std/
Opt Description Weight
and spindle. The forged knuckle adds reliability for turn angles and the unique design features improved durability and camber alignment.

O Taper Leaf Springs, Shocks 12,000 lb
Hendrickson taper leaf springs, shocks for 12,000 lbs.
169
S Power Steering Sheppard HD94
Sheppard HD94 power steering gear is a light weight version of heavy duty line-haul power steering gear. For use with 10,000 to 13,200 lb. axle ratings.
0 O Power Steering Reservoir Frame Mounted
The power steering reservoir is a steering system that eases drivability by applying hydraulic pressure to the steering gear.
0 O PHP10 Aluminum PreSet PLUS Hubs Air Disc
PHP10 aluminum PreSet PLUS hubs air disc have a fully integrated spindle nut design, an optimized wheel spacer, magnetic fill plug, with a seal and bearings. Use with Front Axle.
14 O Greasable Front Spring Pins 0
O Dana Spicer Wide Track IPO Standard
Dana Spicer wide track front axles offer added stability and deliver greater turn angles. 71in KPI IPO 69in for E1202, E1322, E1462, D2000F front axles.
15 O Bendix Air Disc Front Brakes
Bendix air disc front brakes use a floating caliper design to provide foundation braking on all axles and complies with reduced stopping distance regulations.
30 Rear Axle & Equipment
O Dana Spicer S21-172 Single Axle, 21000 lb

94 O PHP10 Aluminum Preset PLUS Hubs - Air Disc 0
O Bendix Smart ATC Traction Control 2
S SBM Valve
Full trucks require a spring brake modulation (SBM) system for emergency braking application. This system requires an SBM valve and a relay valve with spring brakes on the rear axles. The SBM valve allows the foot valve to operate the rear axle spring brakes if a failure exists in the rear air system.
0 O Diff Lock, Single Drive Axle with Speed Interlock

30 S Stability System Not Selected Or Not Available

0 S Anti-Lock Braking System (ABS) 4S4M
ABS-6. Includes air braking system.
0 S Synthetic Axle Lubricant All Axles
Peterbilt heavy duty models include Fuel Efficient Cognis EMGARD FE75W-90 which provides customers performance advantages over current synthetic lubricants with reduced gear wear and extended maintenance intervals, resulting in increased uptime. In addition, the 0 Rush Truck Centers of California, Inc. dba Rush T1ruck Center, Los Angeles Page 23 of 47

Price Level: January 1, 2024 100% Complete Date: February 19, 2024 Deal: 537 PX9 Dump Auto
Printed On: 2/19/2024 10:46:48 AM
Quote Number: QUO-1095292-X1S5G4

Std/
Opt Description Weight
lubricant provides improved fluid flow to protect gears in extreme cold conditions and withstand the stress from high temperatures, extending component life.

O Air Disc Rear Brakes, Single Drive Axle 0
O Ratio 4.78 Rear Axle 0
O Peterbilt Air Trac 23,000 lb Light Weight 165
O Air Springs, Internal Bumpers
Air Trac / Air Leaf suspensions
0 O Dash Mtd Dump Switch with Indicator Light
Dash mounted dump switch with indicator light for suspension. 2 Engine & Equipment
O PACCAR PX-9 330@2000 GOV@2200 1000@1200
Productivity (2024 Emissions)

N21350 C121 64....Maximum Accelerator Pedal Ve
N21370 C128 64....Maximum Cruise Speed (P059)
N21460 C132 1400..Max PTO Speed (P046)
N21520 C133 5.....Timer Setting (P030)
N21610 C188 39....Low Ambient Temperature Thre
N21620 C189 60....Intermediate Ambient Tempera
N21630 C190 80....High Ambient Temperature Thr
N21550 C206 35....Engine Load Threshold (P516)
N21340 C209 120...Hard Maximum Speed Limit (P1
N21510 C225 YES...Enable Idle Shutdown Park Br
N21450 C231 NO....Gear Down Protection (P026)
N21570 C233 NO....Idle Shutdown Manual Overrul
N21440 C234 NO....Engine Protection Shutdown (
N21480 C238 NO....Auto Engine Brake in Cruise
N21470 C239 NO....Cruise Control Auto Resume (
N21430 C333 0.....Reserve Speed Limit Offset (
N21410 C334 0.....Maximum Cycle Distance (N202
N21590 C382 YES...Enable Hot Ambient Automatic
N21500 C395 0.....Expiration Distance (N209)
N21530 C396 YES...Enable Impending Shutdown Wa
N21540 C397 60....Timer For Impending Shutdown
N21320 C399 120...Standard Maximum Speed Limit
N21400 C400 252...Reserve Speed Function Reset
N21420 C401 10....Maximum Active Distance (N20
N21330 C402 0.....Expiration Distance (N207)
475
S VMUX Electronics Architecture 0
O Engine Idle Shutdown Timer Enabled 0
O Enable EIST Ambient Temp Overrule 0
Rush Truck Centers of California, Inc. dba Rush T1ruck Center, Los Angeles Page 24 of 47

Price Level: January 1, 2024 100% Complete Date: February 19, 2024 Deal: 537 PX9 Dump Auto
Printed On: 2/19/2024 10:46:48 AM
Quote Number: QUO-1095292-X1S5G4

Std/
Opt Description Weight
Eff EIST NA Expiration Miles 0
Effective VSL Setting NA 0
O Typical Operating Speed 65 MPH 0
S Powertrain Optimized for Fuel Economy
Best analysis for vehicles which operate at or near cruise speed 90 plus percent of time.
0 O CARB Engine Idling Compliance
PACCAR PX-7, PX-9 and MX, Cummins X15 and ISX diesel engines will include the required factory installed serialized sticker on the drivers door to identify them as meeting the NOx idling standard. 0 S Remote PTO/Throttle, 12-Pin, 250K BOC/BOS
J1939, Remote Control Provision
0 S 14-Pin Body Lighting Connector, BOC 0
O CARB Emission Warranty 0
S EPA Engine Idling Compliance 0
O 200 Amp Alternator, Standard Brush
Bosch Long Haul Extreme, standard brush, 170-200 Amps. Dual internal cooling fans, and externally-mounted rectifier and regulator. 0 O PACCAR 12V Starter, N/A PACCAR MX Engines
PACCAR 12-volt electrical system. With centralized power distribution incorporating plug-in style relays. Circuit protection for serviceability, 12- volt light system w/circuit protection circuits number & color coded. 0 S 2 PACCAR Premium 12V Starting Batteries 2000 CCA
Threaded stud type terminal. Stranded copper battery cables are double aught (00) or larger to reduce resistance.
0 O Low Voltage Disconnect System 0
O MD - Battery Disconnect Switch
Mounted on Battery Box
9 O Borg Warner On/Off Fan Clutch
On/Off Fan Clutch provides increased torque to provide engine cooling to prevent the engine from overheating.
0 S 18.7 CFM Air Compressor
N/A X15. Furnished on engine. Teflon lined stainless steel braided compressor discharge line.
0 O C-Brake By Jacobs, PX-9
Features a dedicated cam lobe design for optimum power and threestage engine brake operation. 90 S PACCAR Fuel/Water Separator Standard Service
PACCAR Fuel/Water separator standard service intervals. High efficiency media protects critical engine components.
0 S No Fluid Heat Option for Fuel Filter 0
Rush Truck Centers of California, Inc. dba Rush T1ruck Center, Los Angeles Page 25 of 47

Price Level: January 1, 2024 100% Complete Date: February 19, 2024 Deal: 537 PX9 Dump Auto
Printed On: 2/19/2024 10:46:48 AM
Quote Number: QUO-1095292-X1S5G4

Std/
Opt Description Weight
S No Electric Heat Option for Fuel Filter 0
O Engine Protection Shutdown w/ Label
Includes oil pressure, oil temperature, coolant temperature, and intake manifold temperature.
0 S High Efficiency Cooling System
Cooling module is a combination of steel and aluminum components, with aluminum connections to maximize performance and cooling capability. Silicone radiator & heater hoses enhance value, durability, & reliability. Constant tension band clamps reduce leaks. Chevron Delo Extended Life Coolant (NOAT) extends maintenance intervals reducing maintenance costs. Anti-freeze effective to -30 degrees F helps protect the engine. Low coolant level sensor warns of low coolant condition to prevent engine damage. Radiator Size by Model: 520 1202 sq in, 579 1456.9 sq in, 535/536/537/548 949.3 sq in, 537/548 VOC 1000.3 sq in, 389 HH 1604 sq in, 567 1379 sq in.
0 S (1) Air Cleaner Engine Mounted 0
S Exhaust Single RH Horizontal
DPF/SCR RH Under Frame, Single Module
0 Transmission & Equipment
O Allison 3000 RDS-P Transmission, Gen 6
Rugged Duty Series
459
O SPL170 HD-XL Driveline, 1 Midship Bearing 95
O PTO F/O Chelsea 0
O (1) Dash Mounted Single Acting EOA PTO Control
Electric-over-air (EOA), spec'ing PTO (power-take-off) control switch does not ensure the PTO will fit.
1 O Auto Neutral Activates With Parking Brake
Auto Neutral helps improve jobsite safety by reducing the possibility of the truck moving due to throttle application.
0 O Allison FuelSense Not Desired
Dynamic Shift Sensing
0 O Allison Neutral At Stop
Neutral at Stop features and benefits: Reduces or eliminates the load on the engine when vehicle is stopped, can help lower fuel consumption and C02 emissions, and is included in FuelSense 2.0 Plus and Max packages only.

0 O Allison 6-Speed Configuration, Close Ratio Gears
3000 Series Transmissions.
0 O Dash Mounted Push Button Shifter
Available with Allison transmissions
3 O LH Mounted Trans PTO Provisions 0
Air & Trailer Equipment
Rush Truck Centers of California, Inc. dba Rush T1ruck Center, Los Angeles Page 26 of 47

Price Level: January 1, 2024 100% Complete Date: February 19, 2024 Deal: 537 PX9 Dump Auto
Printed On: 2/19/2024 10:46:48 AM
Quote Number: QUO-1095292-X1S5G4

Std/
Opt Description Weight
O Bendix AD-HF EP Air Dryer, Heater
Coalescing filter, extended purge. Bendix AD-HF air filters protects the life of your engine system and components. Proven PuraGuard oil coalescing technonlgy in the the air dryer catridge. This oil coalescing filter ensures the removal of oil and oil aerosols before they can contaminate the moisture removing desiccant.
0 O Pull Cords All Air Tanks 0
S Nylon Chassis Hose 0
O Aluminum Painted Air Tanks
All air tanks are aluminum with painted finish except when Code 4543330 Polish Aluminum Air Tanks is also selected (then exposed air tanks outside the frame rails will be polished aluminum). Peterbilt will determine the optimal size and location of required air tanks. Narratives requesting a specific air tank size or location will not be accepted for factory installation. See ECAT to determine number or location of air tanks installed.
-45
O Self-Returning Brake Hand Valve
Dash mounted controls
0 O AE Connection EOF, 7-Way Socket, Connection EOF
Strapped to the rail
15 O Fitting For F/O Air Port
The furnished by owner fitting air port is mounted outboard of the driver's seat. This allows operators access to pressurize truck air, to maintain clean air in the cab.
0 Tires & Wheels
O FF: MN 16ply 11R22.5 X Works Z
Efficiency Rating: Poor
An all-position, on/off-road tire, this tire provides unsurpassed durability against road hazards. Diameter= 41.8 inches; SLR= 19.6 inches.

42 O RR: MN 16ply 11R22.5 X Works Z
Efficiency Rating: Poor
Diameter= 41.8 inches; SLR= 19.6 inches

84 O Code-rear Tire Qty 04 0
O FF: Alcoa 885657 22.5X8.25 High Polish
Aluminum wheel severe service.
-28
O RR: Alcoa 885657 22.5X8.25 High Polish
Aluminum wheel severe service.
-56
O Code-rear Rim Qty 04 0
Fuel Tanks
O D-Shaped Aluminum 50 Gallon Fuel Tank LH U/C
Non-slip step LH under cab
-10
O Location LH U/C 50 Gallon 0
Rush Truck Centers of California, Inc. dba Rush T1ruck Center, Los Angeles Page 27 of 47

Price Level: January 1, 2024 100% Complete Date: February 19, 2024 Deal: 537 PX9 Dump Auto
Printed On: 2/19/2024 10:46:48 AM
Quote Number: QUO-1095292-X1S5G4

Std/
Opt Description Weight
O Locking Fuel Tank Cap(s) 0
O DEF Tank Mounted LH Under Cab 0
O DEF To Fuel Ratio 2:1 Or Greater

0 O Polished Stainless Steel Cover For DEF Tank 0
S DEF Tank Small, HD 14 Gal 2.1M MD 5.5 Gal 0
Battery Box & Bumper
O Aluminum Space Saver Battery Box LH BOC
Battery access from side
-84
O Rubber Battery Pad In Bottom of (1) Battery Box
Mat in box that holds batteries only
4 O Aluminum Battery Box Cover 4
O Tool Box, Non-Slip Step RH Under Cab 87
O Steel Bumper Tapered Chromed
Two tow points. ***Warning*** Due to a new legal regulations, all New Medium Duty trucks require headlights to be located in the bumper when the chassis height is GREATER than the following chassis height:

Measurement to bottom of frame at front of frame: for the 107 Aero Hood 32.6, for the 109 Aero Hood 31.4, for the 109 Vocational Hood

26.7. Work with applications if your chassis height is unacceptable. 115
Cab & Equipment
O Peterbilt Aero 109in BBC SMC Hood
With molded charcoal crown and aluminum cab.
15 O Thermal Insulation Package in Cab
The thermal insulation package is designed to make the cab thermally efficient in extreme temperatures. The model 520 adds insulation surrounding the doghouse to reduce engine heat transmitted to the cab. 2 O Hood Crown - Bright Finish ipo Molded Gray 0
O Sears Driver Seat 0
O Sears Passenger Seat 10
O Drivers Armrests - LH & RH

4 O Passenger Armrests LH & RH 4
O Black Seat Color IPO Standard Color

0 Rush Truck Centers of California, Inc. dba Rush T1ruck Center, Los Angeles Page 28 of 47

Price Level: January 1, 2024 100% Complete Date: February 19, 2024 Deal: 537 PX9 Dump Auto
Printed On: 2/19/2024 10:46:48 AM
Quote Number: QUO-1095292-X1S5G4

Std/
Opt Description Weight
O Seat Belt Color Orange IPO Standard Black 0
S Air Ride Driver 0
S Mid Back Driver 0
S Vinyl Driver 0
O Air Ride Passenger 0
O Mid Back Passenger 0
S Vinyl Passenger 0
O Steering Wheel With Multi-Function
Includes Peterbilt logo on horn button , audio volume, seek, mute and mode button on LH pod with cruise control on/off/cancel, set/resume and accelerate/coast on the right pod.
4 O High-Visibility Interior Grabhandles, Painted
Bright yellow interior grabhandle for vocational vehicles. 0 O Metal Interior Door Panel Kick Plates 2
S Adjustable Steering Column - Tilt/Telescope 0
O Probilt Interior Charcoal Gray - Curved Roof 0
O Exterior Cab Entry Grabhandle
Textured; NFPA compliant. Available on Day Cab specifications only. 0 O Dark Window Tint IPO Standard Tint - Day Cab

0 O 3-Piece Glass Rear Cab Window, All Pieces Fixed 12
S Day Cab Rear Window
Day cab rear window flush to back of cab.
0 S 1-Piece Curved Windshield

0 S Power Door Locks and Power Window Lifts
Standard
0 S Combo Fresh Air Heater/Air Conditioner
With radiator mounted condenser, dedicated side window defrosters, Bi-Level Heater/Defroster Controls, 54,500 BTU/HR, and silicone heater hoses.
0 O Outside Sunvisor - Stainless Steel
Not available with 2.1M high roof sleeper.
4 S Aero Rear View Mirror Housing, Molded Black 0
O Peterbilt Aero Rear View Mirror, Motorized 3
Rush Truck Centers of California, Inc. dba Rush T1ruck Center, Los Angeles Page 29 of 47

Price Level: January 1, 2024 100% Complete Date: February 19, 2024 Deal: 537 PX9 Dump Auto
Printed On: 2/19/2024 10:46:48 AM
Quote Number: QUO-1095292-X1S5G4

Std/
Opt Description Weight
Includes top mirror with motorized, adjustable dual axis heated glass.

Bottom mirror is an integrated convex surface. Includes black textured arms with breakaway feature.

S Look Down Mirror Over Passenger Door
with Black Housing
0 O Air Horn Mounted Under Cab 8
O ConcertClass, AM/FM, Weatherband, 3.5 Aux 11
O Standard Speaker Package For Cab
(2) Speakers
4 O Bluetooth Phone and Audio Requires USB Port 0
O USB Port 0
O CB Antenna Mounting, Dual LH/RH Mirror 2
O CB Terminals/Wiring Mounted Under Header
With mounting bracket

2 O SmartLINQ Remote Diagnostics
SmartLINQ is Peterbilts proprietary remote diagnostics service which monitors the engine and aftertreatment for diagnostic codes providing real-time code analysis maximizing vehicle uptime and strengthening the fleets partnership with their dealer. SmartLINQ provides fault coverage for over 800 codes, a customizable email notification for 116 codes plus a web portal to manage your entire fleet included at no additional charge. SmartLINQ is compatible with any telematics system and doesnt require a specific fleet management system. For those whose customers utilize PeopleNet, the pre-wire with remote diagnostics will provide a more integrated solution utilizing the existing SmartLINQ modem. For those whose customers utilize other fleet services products, the existing pre-wire option for the other fleet service devices will continue to be available. Standard on Class 8 engines and available on Models 348, 337, 330 and 325 with a PX-9, PX-7 or Cummins Westport natural gas engine.
0 O Rear Wall Deep Record/Map Pocket

2 S Peterbilt Electric Windshield Wipers
With Intermittent Feature.
0 O Cab Air Suspension 15
O Auto Reset Circuit Protection
Daycab and Sleeper
0 O Triangle Reflector Kit, Ship Loose
Florescent triangle emergency road flares are designed to meet and exceed all DOT standards.
13 O Fire Extinguisher, Mounted Inboard Driver Seat
Hazmat approved UL listed/rated ABC
9 Rush Truck Centers of California, Inc. dba Rush T1ruck Center, Los Angeles Page 30 of 47

Price Level: January 1, 2024 100% Complete Date: February 19, 2024 Deal: 537 PX9 Dump Auto
Printed On: 2/19/2024 10:46:48 AM
Quote Number: QUO-1095292-X1S5G4

Std/
Opt Description Weight
O Backup Alarm (107 DB)

3 O Transmission Oil Temperature (Main)
Located in Digital Cluster Display.
0 S Air Restriction Indicator
Mounted on air cleaner, intake piping, or firewall
0 O Air Suspension Pressure 2 Gauge
52mm round, backlit. Physical gauges must be ordered in pairs and are limited to a total of 6. Plumbed to firewall bulkhead.
0 O Suspension Air Pressure 1 (Load)
Located in Digital Cluster Display
0 O Fuel Filter Restriction Gauge
52mm Round, backlit. Physical gauges must be ordered in pairs and are limited to a total of 6. If this option is selected on a truck with VMUX electrical architecture, the gauge will be included in the digital display. 0 O Warning Light Battery Disconnect, Switch Engaged
Marker light external mounted
0 O Dual Scale Speedometer MPH Over KPH 0
O (4) Additional Dash Switches With Wiring
Located on dash panel C. Availability subject to dash space. Includes 4" 14 gauge wire with butt splice at rear of each additional switch. 1 O Tractor Brake Application Gauge
52mm Round, backlit. Physical gauges must be ordered in pairs and are limited to a total of 6. If this option is selected on a truck with VMUX electrical architecture, the gauge will be included in the digital display. 0 O Engine Hourmeter Gauge
Located in Digital Cluster Display

0 O Engine PTO Hourmeter Gauge
Located In Digital Cluster Display
0 O Engine Manifold Pressure (Turbo Boost)
Located in Digital Cluster Display
0 O Engine Percent Torque
Located in Digital Cluster Display
0 S Main Instrumentation Panel
Digital Cluster 7" Display includes: Physical (Analog) - Speedometer, Tachometer, Oil Pressure, Coolant Temp and Display Gauges - Fuel Level, DEF Level, DPF Filter Status, Fuel Economy, Volts Telltale, OAT and Primary Air Pressure, Secondary Air Pressure for air brake trucks. 0 O ABS Off-Road Switch
Bendix ATC is required on the specification. Off-Road switch allows some wheel slippage prior to ATC activation. Off-Road switch will cause the ATC light to flash, reminding the driver of a condition. Switch should only be used in extreme conditions such as snow, ice or mud. 0 O Manifold Pressure Gauge
52mm Round, backlit. Physical gauges must be ordered in pairs and are limited to a total of 6. If this option is selected on a truck with VMUX electrical architecture, the gauge will be included in the digital display. 2 Rush Truck Centers of California, Inc. dba Rush T1ruck Center, Los Angeles Page 31 of 47

Price Level: January 1, 2024 100% Complete Date: February 19, 2024 Deal: 537 PX9 Dump Auto
Printed On: 2/19/2024 10:46:48 AM
Quote Number: QUO-1095292-X1S5G4

Std/
Opt Description Weight
S Headlights Composite Fender Mounted
Integral DRL/Park, Turn, and Side Marker
0 O (5) Marker Lights, Chrome Housing
Aero LED
0 O Switch & Wiring F/O Auxiliary Light
Under cab/sleeper (15 amp max), includes switch on the dash that will power metri-pack sealed connections at the left-hand / right-hand side of cab at base of the firewall. Bundle panel light harness break outs with firewall harness.
2 S Self-Canceling Turn Signal 0
O Daytime Running Lights, Mounted In Bumper
Driven by chassis height
0 S LED Stop/Turn/Tail/Backup
Bracket mounted left-hand / right-hand end of frame
0 S Moveable EOF Crossmember For Mounting Tail Lights
Square end of frame with or without end of frame crossmember 0 O (2) Load Lights, LED, Flush Mounted Low Inboard
Back of cab / back of sleeper
4 Paint
O Standard Paint Color Selection 0
S (1) Color Axalta Two Stage - Cab/Hood
Base Coat/Clear Coat
N85020 A - L0006EY WHITE
N85500 CAB ROOF L0006EY WHITE
N85300 FENDER L0006EY WHITE
N85200 FRAME L0001EA BLACK
N85400 HOOD TOP L0006EY WHITE
0 Shipping Destination
Options Not Subject To Discount
S Peterbilt Class 7 Standard Coverage
1 year/Unlimited Miles/km
0 O PACCAR PX-9 Standard Coverage
2 yrs/250,000 mi (402,336 km)/6,250 hrs
0 O SmartLINQ RD - 3YR Sub
PACCAR PX Engines

0 O Engine CARB State Of Registration 0
O Base Warr: Emissions (CARB Operation)
5YR/150K MI - PX-9 Engine
0 O Vehicle Layout
Option is not subject to discount. Fleets will be split prior to build so that the charge is applied to only one unit. Quotes will not reflect this. 0 Rush Truck Centers of California, Inc. dba Rush T1ruck Center, Los Angeles Page 32 of 47

Price Level: January 1, 2024 100% Complete Date: February 19, 2024 Deal: 537 PX9 Dump Auto
Printed On: 2/19/2024 10:46:48 AM
Quote Number: QUO-1095292-X1S5G4

Std/
Opt Description Weight
Narr Please Contact: Jeff Quemada at [email protected] or 626-905-1799
Miscellaneous
S Aero Hood (MODEL 537) 0
O State Of Registry: California 0
O Peterbilt Sourcewell Program Code 0
O DO NOT DRIVE (Dealer/Customer Request) 0
Promotions
Special Requirements
Special Requirement 1 0098010
Special Requirement 2
Special Requirement 3
Special Requirement 4
Order Comments
Total List Price (W/O Freight & Warranty &
Surcharges )
$158,895
Marketing and Service Support Fee $870
Prepaid Freight $3,525
Total Surcharge/Options Not Subject To Discount $12,865 Total Weight 11,795
Prices and Specifications Subject to Change Without Notice.

Unpublished options may require review/approval.

Dimensional and performance data for unpublished options may vary from that displayed in CRM.

PRICING DISCLAIMER
While we make every effort to maintain the web site to preserve pricing accuracy, prices are subject to change without notice. Although the information in this price list is presented in good faith and believed to be correct at the time of printing, we make no representations or warranties as to the completeness or accuracy of this information. We reserve the right to change, delete or otherwise modify the pricing information which is Rush Truck Centers of California, Inc. dba Rush T1ruck Center, Los Angeles Page 33 of 47

Price Level: January 1, 2024 100% Complete Date: February 19, 2024 Deal: 537 PX9 Dump Auto
Printed On: 2/19/2024 10:46:48 AM
Quote Number: QUO-1095292-X1S5G4

represented herein without any prior notice. We carefully check pricing specifications, but occasionally errors can occur, therefore we reserve the right to change such prices without notice. We disclaim all liability for any errors or omissions in the materials. In no event will we be responsible for any damages of any nature whatsoever from the reliance upon information from these materials. Please check your order prebills to confirm your pricing information
Rush Truck Centers of California, Inc. dba Rush T1ruck Center, Los Angeles Page 34 of 47

Price Level: January 1, 2024 100% Complete Date: February 19, 2024 Deal: 537 PX9 Dump Auto
Printed On: 2/19/2024 10:46:48 AM
Quote Number: QUO-1095292-X1S5G4

Shipping Destinations
Intermediate Destination: NONE
Final Destinations Quantity
Rush Truck Centers of California, Inc. dba Rush T1ruck Center, Los Angeles Page 35 of 47

MEDIUM DUTY
Warranty
Quick Reference Guide
This is a Quick Reference Guide "ONLY"
It is an itemized general listing of the components and/or items used in the assembly of a Peterbilt Vehicle and their respective level of warranty coverage. This list is NOT to be construed as all-inclusive.

Refer to the complete text of the Peterbilt Warranty Agreement Cat. No.4984, 7539, 7974 for specific details on the terms, conditions and limitations of said agreement.

BASIC VEHICLE WARRANTY 12 Months / Unlimited Miles / Kilometers whichever comes first Air Cleaner System (Excludes Filter Element)
Air Conditioner System
Accumulator
Actuators, HVAC
Blend, Mode, Fresh Air Doors
Blower Motor & Wheel
Coil, Heater
Compressor, Freon
Condenser
Control, HVAC
Drain Valve & Hose
Expansion Valve
Evaporator
Freeze Control Switch
Hardlines, Refrigerant
Heater Hoses & Clamps
Low/High Pressure Switches
O-rings
Receiver -Dryer
Resistor
Airshield
Air System
Air Compressor (Bendix)
Air Dryer & Purge Valve
Air Governor
Air Tank & Drain Valve
Alternator
Antenna
Auxiliary Heater Assembly (Espar)
Auxiliary Transmissions
Battery (PACCAR)
Battery/Tool Box Assembly
Battery Hold Downs
Brake - Disc
Chamber
Camshaft
Spider
Drum (Excludes Scored or Heat
Checked)
Bumper (Includes Aerodynamic Type)
Cab
Heater and Duct
Side Extender
Skirt
Water Leak
Tilt Mechanism (Includes Pump)
Charge Air Cooler
Charge Air Cooler Hoses & Clamps
Circuit Breakers
Clamps, Turbocharger Air Inlet
Clock (Analog / Digital)
Clutch, Clutch Linkage
Collision Avoidance System
Control Cable
Cooling Module
Cruise Control Component
Deck Plate Lamp
DEF Heater Control Relay
DEF Heater Coolant Control Valve
DEF Heated Lines
DEF Heating Elements
DEF Heating Fittings on Supply Module
DEF Lamp
DEF Tank
Door Latch, Lock and Hinge
Door Pad and Soft Trim
Driveline, U-Joint and Center Bearing
Driveline Midship Plate
Electrical Power Distribution Box
Electrical Printed Circuit & Harness (Excludes Fuse)
Engine Related Components
Engine Brake (PACBrake)
Dipstick and Tube
Fan, Fan Clutch and Sending Unit
Fan Shroud
Heater
Manufactured Messaging Products
Mount
Shutdown System
Exhaust Stanchion
Exhaust piping, clamps, gaskets
Fairing
Fuel
Tank
Tank Strap, Cap and Vent
Fuel Water Separator and/or Heater
Gauge and Sending Unit
Heat Shield
Hood Assist Spring and Hook
Horn - Air or Electric
Hose and Fitting (Excludes Rubbed or Loose)
Hub Assembly (Excludes Bearing and Races)
Hub Caps
Hubometer
Ignition Timer
Instruments
Lift/Tag/Pusher Axle
Lift/Tag/Pusher Suspension
Light Fixture (Excludes Bulb)
Mirror
Mud Flap Bracket (Excludes Mud Flap)
Muffler
Muffler Clamps
Muffler Standpipe
Navigation System (Smart Nav)
Plating (Includes Chrome)
Power Steering Pump
Power Steering Reservoir
Quarter Fender
Radiator (Includes Header Gasket)
Radiator Cap
Radiator Mounting Brackets
Radiator Mounting Bushings
Radiator Tie Rods
Radio/CB (Unlimited Mileage)
Relay
Seat Assembly
Seat Belt
Seat Structure
Shift Control
Shock Absorber
Slack Adjuster
Sleeper Boot
Sleeper Extender
Speaker
Starter
Steering
Shaft and U-Joint
Drag Link
Gear Mounting Bracket
Pitman Arm
Steering Wheel and Column
Step
Supplemental Restraint System (Rollover Airbag)
Suspension
Axle
Beams
Dowel Pin
Height Control Valve
Suspension - Continued
Height Control Valve Bracket
Height Control Valve Linkage
Shock Bracket & Stud
Spring, Air
Spring Bracket
Spring, Leaf
Spring Pin
Spring Saddles
Spring Shackle & Pins
Torque Rods
Tracking Rods & Brackets
U-Bolts & U-Bolt Saddles
Cab
Height Control Valve
Height Control Valve Bracket
Height Control Valve Linkage
Spring, Air
Sleeper
Height Control Valve
Height Control Valve Bracket
Height Control Valve Linkage
Spring, Air
Suspension Bushings
Switches
Throttle Linkage and Cable
Transfer Case
Transmission Shift Control & Oil Cooler
Turbocharger Piping, Clamps & Gaskets to Inlet of SCR
Upholstery (Excludes Wear)
Valve, All
Vent - Fresh Air
Visor (Outside and Inside)
Weather Stripping
Wheel Bearing (Wear Not Covered)
Window Defroster Fan
Window Lift (Includes Power Lift)
Window Regulator
Windshield Washer
Wiper Arm (Excludes Wiper Blade)
Wiper Motor and Control Valve
Wiring and Connectors (Excludes Visible Rubbed or
Loose)

PAINT
- Cab, Hood, Sleeper Paint
- Frame Paint - Black Only
- Frame Paint - All colors other than black
- Frame Paint - Logger, Mixer, Dump, Refuse, Oil Field & Construction application
12 Months 100,000 Miles / 160,000 Kilometers
12 Months 100,000 Miles / 160,000 Kilometers
6 Months 50,000 Miles / 80,000 Kilometers
3 Months 25,000 Miles / 40,000 Kilometers
Rush Truck Centers of California, Inc. dba Rush T1ruck Center, Los Angeles Rush Truck Centers of California, Inc. dba Rush T1ruck Center, Los Angeles Page 35 of 46 Page 36 of 47

MAJOR COMPONENTS
24 Months or Unlimited Miles / Kilometers whichever shall occur first. 100% Parts and Labor
Axle - Eaton, Meritor and Dana Spicer Axles, Non-Driving and Driving, Single Speed, On-Highway with a Capacity of 46,000 Lbs. or Less (Includes Axle Input and Output Seals)(Excludes Axle Shaft Flange Gaskets, Brake Drums, Brake Shoes, Filters, Hub Assemblies, Hub Caps and Gaskets, Wheel Bearings and Wheel Seals)
Brakes – Bendix and Meritor (except Air disc Brakes)
Applies to Brackets, Cam Shafts, Slack Adjusters and Spiders Cab, Hood, Hood Half-Fenders and Sleeper Structure
Cab Fasteners (Excludes Add-On Aerodynamic Devices)
Sheppard and TRW Steering Gears
Manual Transmissions (Excludes Oil Coolers and Shift Controls) Eaton Auto Shift Transmission
FRAME RAILS, GUSSETS, CROSSMEMBERS AND CAB / HOOD / or SLEEPER CORROSION 36 Months or Unlimited Miles / Kilometers whichever shall occur first. 100% Parts and labor Frame Side Rails, Crossmembers, Gussets, A-Braces
Cab, Hood and Sleeper perforation caused by corrosion from within. Corrosion warranty applies to perforation - an actual hole in a cab, hood or sleeper panel due to corrosion. Warranty does not apply to corrosion caused by damage to a cab panel or finish paint.

OTHER COVERAGES
12 Months or 50,000 Miles/80,000 Kilometers whichever shall occur first. 100% Parts and Labor Axle Shaft Flange Gaskets Wheel Seals (Except LMS)
Hub Cap Gaskets All Gaskets and Seals not specified above General Warranty Exclusions
− The following components are warranted directly to you by their respective manufacturer, and are not warranted by Peterbilt Motors Company: Engine and Engine Manufacturer's Accessories, Engine Brake (except PAC Brake), Automatic Transmissions, Tires, Tubes, Fifth Wheel, Pintle Hooks, Hitch, Wheels and Batteries not listed. − Peterbilt does not warrant antifreeze, lubricants, bulbs, fuses, filters, mud flaps, reflectors, winter fronts, wiper nozzles or wiper blades. Trade accessories such as fire extinguishers, chains, emergency kits and tools are not warranted.
− Peterbilt is not responsible for storage deterioration, wear, and changes in adjustment resulting from normal service. This includes brake and clutch linings, drive belts, wheel balance and axle alignments or upholstery. − Peterbilt does not warrant metallic chassis (frame) paint. Peterbilt is not responsible for paint chipping or fading, peeling from frame bolts relating to maintenance, or paint peeling from road chemical damage. − Damage due to accident, misuse, negligence, improper or inadequate maintenance, or unauthorized modification is not warranted. Failure of replacement parts used to repair above conditions are not warrantable. − Vibrations, squeaks, fitting and hose leaks, unusual noises, rattles, loose nuts/bolts and hose and electrical connections can develop during the early shakedown trips of the vehicle. Up to 25,000 miles/40,000 kilometers, but not later than 90 days after date of delivery, the necessary adjustments will be made without charge. Such developments after this period are usually the result of use and are not warrantable items. − Peterbilt is not responsible for damage resulting from engine horsepower/torque upgrades.

NON - WARRANTABLE COMPONENTS/ITEMS
# File with Engine Manufacturer
# Engine (see engine coverage) Light Bulb
# Engine Accessories Lubricant
# Air Compressor (Engine Mudflap
Manufacturer) Pintle Hook
Add-on Aerodynamic Device (Dealer Non-Original Equipment Installed) Power Converter
Antifreeze Solution Reflector
Automatic Transmission (Allison) Refrigerator
Brake Lining Tire
Bulb Tow Pin
Fifth Wheel Wheels
Filter Element Winter Front and Bug Screen
Fire Extinguisher Wiper Blade
Flag and Flare Kit Wiper Nozzle
Fuel
Fuse
NON - WARRANTABLE:

WEAR, DETERIORATION and/or ADJUSTMENTS
Peterbilt assumes no responsibility for wear and/or Deterioration of parts or Changes in Adjustment as a result of Normal Service.

Examples:

Brake Adjustment Mattress
Brake Drum Paint Chip and/or Fade
Brake Lining Soft Trim and Upholstery
Bushings (Serviceable) Stainless Steel Discoloration
Clutch Facing Tightening a Bolt and/or Fitting
Engine Accessory Belt Wheel and/or Axle Alignment
Fuse Window and Windshield Glass
Key Fob
Wheel Bearings
This list is NOT to be construed as all-inclusive
NON – WARRANTABLE FUNCTIONS OR ACTS
Any Vehicle on Which the Odometer has been Altered
Any Vehicle that has been Altered or Modified in a Manner Unauthorized by Peterbilt
Damage Due to Accidents
Dyno Testing (Without Prior Regional Authorization)
Improper or Insufficient Maintenance Service
Misuse
Negligence
Storage (Includes Deterioration)
Towing and Road Calls
Transport
Troubleshooting and Road Testing

Revision 4/17
Rush Truck Centers of California, Inc. dba Rush T1ruck Center, Los Angeles Rush Truck Centers of California, Inc. dba Rush T1ruck Center, Los Angeles Page 36 of 46 Page 37 of 47

Rush Limited Warranty
NEW PRODUCTS – MANUFACTURER WARRANTIES ONLY. Any warranties on any new product(s) sold by Rush are limited only to any printed warranty provided by the applicable manufacturer of the product.

EXCEPT FOR ANY SUCH WARRANTIES MADE BY MANUFACTURERS, THE PRODUCT(S) ARE SOLD WITHOUT

ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EACH OF WHICH IS EXPRESSLY DISCLAIMED.

USED PRODUCTS – NO WARRANTIES. All used product(s) sold by Rush are sold on an “AS IS, WHERE IS” basis, without any warranties by Rush. EXCEPT FOR ANY MANUFACTURERS’ WARRANTIES THAT MAY

STILL BE IN EFFECT, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED.

LIMITED WARRANTY ON SERVICES. Rush warrants that all services performed by Rush for a customer, including repair, maintenance and installation services (“Services”), will be performed in a good and workmanlike manner (“Services Warranty”). The Services Warranty is valid for a period of ninety (90) days from the date the Service is completed. Customer’s sole and exclusive remedy, and Rush’s entire liability, under the Services Warranty is the repair of any nonconforming portion of the Services. RUSH PROVIDES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, CONCERNING ITS SERVICES. The Services Warranty is strictly limited to Services performed by Rush for customer. Rush does not warrant any services provided by any third-party. Any warranties are solely those that are provided by the third-party service provider.

Rush Truck Centers of California, Inc. dba Rush T1ruck Center, Los Angeles Rush Truck Centers of California, Inc. dba Rush T1ruck Center, Los Angeles Page 37 of 46 Page 38 of 47

Valew 5 / 7 Yard Dump 10’
Valew Dump Truck Specifications: Installed on
your new chassis!
Specifically designed for extreme use. All steel gauges have been increased for greater durability.
5-7 yard-10’
Hydraulic Telescopic Hoist
Hydraulic Pump
Hot Shift P.T.O.

Double Walled Construction
One Piece Steel Floor
Cab Guard
Spreader Apron
(3) Ditch Gates
Air latching tail gate
Air high lift tailgate
Lighted Safety Locking Controls with body up indicator
Ph 45 Air hitch assembly w/ air and electrical to rear
Electric brake controller wired to 6-way and a 7-way RV outlets Asphalt rated Spring Loaded Tarp System
Rear camera with in cab 7” monitor
Strobe lights in front grill and on upper rear corner posts D.O.T. legal lighting and back up alarm
Primer and Painted White in color
Note: Chassis must be 33,000lbs GVW and have air and electric to the rear And approximate 84”- 90” CA is needed
Rush Truck Centers of California, Inc. dba Rush T1ruck Center, Los Angeles Rush Truck Centers of California, Inc. dba Rush T1ruck Center, Los Angeles Page 38 of 46 Page 39 of 47

537
MODEL
Rush Truck Centers of California, Inc. dba Rush T1ruck Center, Los Angeles Rush Truck Centers of California, Inc. dba Rush T1ruck Center, Los Angeles Page 39 of 46 Page 40 of 47

Hoods 107" or 109" BBC
Engines PACCAR PX-7, PX-9 or CNG
GVWR Up to 33,000 lbs.

Fuel Tanks 50, 60, 70, 80, & 100 Gallon Options
Roof Heights 74" Flat Roof / 78" Curved Roof
The New Model 537 is available as a Class 7 truck or
tractor with a GVWR up to 33,000 lbs. It is highly versatile and can be configured to exceed the demands of many
vocational applications.

The Model 537’s cab, hood and chassis components
are built for long-term durability. The VMUX multiplex
electrical system provides common electrical architecture for seamless body integration and advanced programming
for a wide variety of applications. Visibility is excellent as a result of the sloped hood, large mirrors and an industryleading forward lighting system that provides superior light coverage and beam uniformity.

The new PACCAR TX-8 automatic transmission offers
smooth shifting, outstanding fuel economy and includes a lifetime oil filter and extended service intervals to provide a low total cost of ownership.

The Model 537 is built to show up every day, every mile, every job.

VERSATILITY.

KEY SPECS

BUILT FOR
For more information on the Model 537, contact your local Peterbilt dealer or visit peterbilt.com.

VERSATILITY
The Model 537 can be up-fitted with various types of body configurations that provide unique solutions for unique applications. With two cab roof heights, hood configurations, through rail, bumper and electrical wiring options, the Model 537 delivers the ideal match for your configuration.

TECHNOLOGY
The Model 537 features a suite of technologies
including a 7-inch digital driver display, collision
mitigation, stability control and side object detection.

PRODUCTIVITY
The spacious interior is quiet, comfortable and ergonomic.

The dash design is highly customizable and switches and controls are within easy reach. Storage volume is best-inclass and the cab seats three people comfortably.

PETE-9925 4/2021
537
MODEL
Rush Truck Centers of California, Inc. dba Rush T1ruck Center, Los Angeles Rush Truck Centers of California, Inc. dba Rush T1ruck Center, Los Angeles Page 40 of 46 Page 41 of 47

2 COLLISION MITIGATION SYSTEM
6 KICK PANELS & PLATES
7 3-PERSON SEATING
4 MULTI-FUNCTIONAL PANEL 1 7" DIGITAL DISPLAY
9 SWITCHES
8 CENTER CONSOLE
10 STEERING WHEEL
3 DOME LIGHT
5 STORAGE
New Medium Duty Interior Features
Rush Truck Centers of California, Inc. dba Rush T1ruck Center, Los Angeles Rush Truck Centers of California, Inc. dba Rush T1ruck Center, Los Angeles Page 41 of 46 Page 42 of 47

For more information on the New Medium Duty, contact your local Peterbilt dealer or visit peterbilt.com.
1 7
8 9
10 2
3 4
5 6
New Medium Duty Interior Features
7" DIGITAL DISPLAY
The new 7" Peterbilt Digital Display is the largest in the medium duty market, designed to provide drivers the information they need, when they need it, reducing distractions and improving productivity.

COLLISION MITIGATION SYSTEM
Integrated collision mitigation technology delivers an added layer of protection in challenging driving conditions.

DOME LIGHT
The center dome LED light is equipped with two reading lights, ambient lighting and an upgraded Bluetooth® microphone.

MULTI-FUNCTIONAL PANEL
The B-panel area is configurable for any application. Available options include: the SmartNav® display, storage bin (shown), auxiliary gauges or switches, or a flat panel for aftermarket equipment.

STORAGE
The new cab has 4.6 ft.3 of storage volume, which includes header storage with removable trays, a passenger storage bin, driver-side door map pockets, three storage hooks for small items and additional storage in the center console.

KICK PANELS & PLATES
Dark kick panels are standard for a sleek appearance. Optional metal door kick plates provide additional durability and protection to the door pad. 3-PERSON SEATING
Three people can sit comfortably in the 2.1 meter wide cab. The bench seat features best-inclass storage volume, with easy access from inside and outside the cab.

CENTER CONSOLE
The center console includes deep cup holders to prevent tipping and accommodate largersized cups. Power ports are standard with two USB and two 12V ports. The center console is also removable for easy access to the ECU and wiring harnesses.

SWITCHES
Easy-to-reach multiplexed switches are optimally located for excellent visibility and switch actuation, reducing driver fatigue.

STEERING WHEEL
A new, contoured multi-function steering wheel features cruise control, audio and display controls at the driver’s fingertips.

Rush Truck Centers of California, Inc. dba Rush T1ruck Center, Los Angeles Rush Truck Centers of California, Inc. dba Rush T1ruck Center, Los Angeles Page 42 of 46 Page 43 of 47

2 HEADLIGHTS
4 MIRRORS
1 BUMPERS
3 HOODS
5 ROOF HEIGHTS
6 CAB
9 FUEL TANKS

PETERBILT REAR
SUSPENSION 8
10 BATTERY BOX
PACCAR TX-8
AUTOMATIC TRANSMISSION 7
New Medium Duty Exterior Features
Rush Truck Centers of California, Inc. dba Rush T1ruck Center, Los Angeles Rush Truck Centers of California, Inc. dba Rush T1ruck Center, Los Angeles Page 43 of 46 Page 44 of 47

1 7
8 9
10 2
3 4
5 6
New Medium Duty Exterior Features

BUMPERS
Three bumper options are available: one-piece channel, one-piece aero molded and threepiece aero metal. Several finish options are available for customization. All bumper options allow for integrated Collision Mitigation technology.

HEADLIGHTS
High performing halogen headlights provide excellent light coverage and beam uniformity for maximum visibility as well as excellent serviceability.

HOODS
Hood options include SMC aero hoods in 107" and 109" BBC configurations, both designed to maximize visibility. Also available is a sturdy fixed-grille 109" BBC vocational Metton® hood accommodating full through rails.

MIRRORS
Robust cab mounted mirrors are optimized for visibility. The mirror features a large flat glass and integrated convex mirrors. Heating elements and motorized glass are optional.

ROOF HEIGHTS
Two roof heights are available. The standard steel flat roof provides clearance for overhead equipment. The optional aluminum curved roof improves headroom by 4".

CAB
The 2.1 meter cab is wider than the previous conventional cab, allowing for three-person seating. The cab floor is lowered 4" for easier ingress and egress.

PACCAR TX-8 AUTOMATIC TRANSMISSION
The TX-8 automatic transmission offers compelling benefits, including a lifetime oil filter and extended service interval, easy service access, and up to a 5% fuel economy benefit over competitive transmissions.

PETERBILT REAR SUSPENSION
Peterbilt’s new proprietary single drive rear suspensions provide superior durability and ride quality, and are available in ratings from 13,500 to 18,000 lbs.

FUEL TANKS
D-shaped fuel tanks maximize volume in a small space, allowing for clear back-of-cab packaging of frame-mounted components. Fuel tank options include sizes from 50 to 100 gallons.

BATTERY BOX
The compact new under-cab battery box features best-in-class stair style steps for easy cab entry as well as integrated air system components for excellent service.

For more information on the New Medium Duty, contact your local Peterbilt dealer or visit peterbilt.com. Rush Truck Centers of California, Inc. dba Rush T1ruck Center, Los Angeles Rush Truck Centers of California, Inc. dba Rush T1ruck Center, Los Angeles Page 44 of 46 Page 45 of 47

EPA 2024
The 8.9-liter PACCAR PX-9 engine has
one of the highest power-to-weight ratios
in its class, and will move heavy payloads
without hesitation.

Available in both medium and heavy-duty
configurations this engine delivers the
durability and efficiency needed to lower
operating expenses, reduce maintenance
and increase productivity.

Rush Truck Centers of California, Inc. dba Rush T1ruck Center, Los Angeles Rush Truck Centers of California, Inc. dba Rush T1ruck Center, Los Angeles Page 45 of 46 Page 46 of 47

CONFIGURATION

BORE X STROKE (MM)

DISPLACEMENT

DRY WEIGHT

OIL SYSTEM CAPACITY

HORSEPOWER

PEAK TORQUE

GOVERNED SPEED
CLUTCH ENGAGEMENT TORQUE3
BASE WARRANTY4

CERTIFICATION
Inline 6-cylinder
114x145

8.9 L.
1,695 LBS.
29 U.S. QTS.
260-450 HP
860-1,250 LB.-FT.
2,100-2,200 RPM
500 LB.-FT. @ 700 RPM
2 YRS./250K MILES/400K KM
EPA 2024
3Determined By Engine Horsepower and Idle Setting
4Extended Protection Plans Available

SPECIFICATIONS
PACCAR Inc. - P.O. Box 1518,
Bellevue, WA 98009
©2024 PACCAR Inc.
2024PX9SPEC
Note: Equipment and specifications shown in this brochure are subject to change without notice. Consult with your PACCAR Engine dealer at time of ordering for standard and optional equipment. PACCAR MX, MX, MX-11, and MX-13 are trademarks of PACCAR Inc. Visit PACCARPOWERTRAIN.COM to find a local dealer.

Fuel Filter
Oil and Filter
DEF Filter
MAINTENANCE ITEM MI. KM.
50,0005
50,0005
200,000
80,000
80,000
320,000

MAINTENANCE INTERVALS
5Duty cycle dependent. Please reference Operator’s Manual.

HORSEPOWER (HP)

HORSEPOWER

ENGINE SPEED (RPM)
460
440
420
400
380
360
340
320
300
280
260
240
220
200
180
160
1,200 1,400 1,600 1,800 2,000 2,200
460
440
420
400
380
360
340
320
300
280
260
240
220
200
180
160
TORQUE (LB.-FT.)
TORQUE

ENGINE SPEED (RPM)
1,300
1,200
1,100
1,000
900
800
700
600
1,200 1,400 1,600 1,800 2,000 2,200
1,300
1,200
1,100
1,000
900
800
700
600
PEAK HORSEPOWER PEAK TORQUE (LB.-FT. @ RPM)
860 @ 1,200
860 @ 1,200
860 @ 1,200
1,000 @ 1,200
1,050 @ 1,200
1,150 @ 1,200
1,250 @ 1,200
1,250 @ 1,200
1,150 @ 1,200
1,250 @ 1,200
1,250 @ 1,200

RATINGS
260
2701
3001
3301
350
3601
3701
380
3802
4002
4502
1Also Fire Service Rating,
2Fire Service Rating Only
Rush Truck Centers of California, Inc. dba Rush T1ruck Center, Los Angeles Rush Truck Centers of California, Inc. dba Rush T1ruck Center, Los Angeles Page 46 of 46 Page 47 of 47

SW0213240902
Date: February 13, 2024
To: City of Fountain Valley
Address: 17300 Mt. Herrmann St Fountain Valley CA 92708 Member ID# : 62029
Name: Bob Truman
Email: [email protected]
Phone: (714) 593-4616
Quote Expire: March 31, 2024
Sourcewell: Contract # 060920-PMC
YEAR: 2025 TRANS.: Allison 3000 RDS-P
MAKE: Peterbilt R. AXLE: 21K
MODEL: 537 F. AXLE: 12K
Body Type: PB Asphalt Patch Body PINTLE HITCH: Yes
GVWR: 33,000 lbs PUSHER AXLE: None
ENGINE: Paccar PX9 ( Diesel ) Wheels: Aluminum
H/P: 330 hp @ 1000 ft/lbs torque FUEL TANKS: 50 Gallons Model 537 Cab & Chassis
List Price : ( Per Specifications City of Fountain Valley) $162,113.00 Model Sourcewell Disscount: ( See Pg. 2 ) 15.00% -$24,316.95 $137,796.05
$150,613.00
$8,453.00
$1,500.00
$900.00
$750.00
$1,200.00
$499.00
$9,000.00
$1,866.00
$155.00
$245.00
$1,800.00
Total
Sourced goods / Services
Body: PB B-4 ASPHALT PATCHER W/ EMULSION SPRAY SW NO. 080521-PBL Floor Plan production per diem for 195 Days
Chassis Engineering Frame Layout
Post Body Install Inspection
Factory - Do Not Drive
Manuals set ( Repair/Maintenance/Parts) Digital
Required SmartLINQ Remote Diagnostics Period - TSB# 23-60 (See Pg. 8) Required CARB State of Registration - Clean Sticker - TSB# 23-66 (See Pg. 12) Required Warranties - CARB Emissions 5yr / 150K Miles
Delivery Wash
Delivery Transport
Transport: PB - Rush
Taxable Fees ( Document Fee, Admin Fee ) $330.00
Total $177,311.00
Model 537 Cab & Chassis $137,796.05
Sourced goods / services $177,311.00
Total $315,107.05
Sales Tax (8.75%) $0.00
Admin Process - ( License/Title/Reg Exempt/ Electronic Filing ) $33.00 Tire Recycling Fee $10.50
Total Price $315,150.55
** Due to Chassis and Engine Allocations Price and Availability is Subject to change upon Chassis Order ** * 12% Ferderal Excise and or % State/Local Taxes Apply to Entities who are NOT Exempt * Contact: Jeff Quemada Phone: (626) 905-1799
Diesel Engine with Allison Transmission
2025 Peterbilt 537

DESCRIPTION
Sourcewell Quote Sheet
8830 E. Slauson Ave. Pico Rivera, CA 90660
Email: [email protected]
Rush Truck Centers
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