City Council Chambers
14343 Civic Drive
Victorville, CA
www.victorvilleca.gov
VICTORVILLE CITY COUNCIL
VICTORVILLE LIBRARY BOARD OF TRUSTEES
SOUTHERN CALIFORNIA LOGISTICS RAIL AUTHORITY
SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
THE CITY AS HOUSING ASSETS SUCCESSOR
JOINT POWERS FINANCING AUTHORITY
VICTORVILLE WATER DISTRICT
Regular Meeting Agenda
Tuesday, May 2, 2023
5:00 p.m. Closed Session
6:00 p.m. Regular Session
The
City
Council
holds
its
business
meetings
in
public
in
accordance
with
the
requirements
of
the
Ralph
M.
Brown
Act,
its
established
policies
and
procedures,
and
its
adopted
parliamentary
authority.
The
Council
strives
to
carry
out
its
meetings
in
an
atmosphere
of
professionalism
with
full
participation
by
members
of
the
body
and
the
public.
As
such,
the
Presiding
Officer
is
empowered
to
govern
City
Council
Meetings
to
foster
the
efficient
and
fair
administration
of
City
business
and
reserves
the
right
to
enforce
(or
cause
to
be
enforced)
the
Meeting
Rules
of
Conduct
and
Decorum
as
set
forth
in
Chapter
5 of
the
City
Council Policy and Procedures Manual.
The
City
Council
welcomes
and
encourages
public
participation
and
invites
the
community
to
attend
in
person.
Now
that
COVID-19
cases
in
our
area
have
reduced
to
a
point
that
social
distancing
requirements
have
been
lifted,
City
Council
Meetings
will
be
held
in-person
at
City
Hall
in
Council
Chambers.
Remote
viewing
of
our
Council
Meetings
is
available
through
YouTube,
but
public comments must be given in-person at the meeting or in advance as noted below.
Public
Comments:
Members
of
the
public
may
submit
comments
electronically
to
by
4 p.m.
the
day
of
the
meeting
to
be
distributed
to
City
Council.
Participants
are
invited
to
address
the
Council
on
agendized
and
non-agendized
topics
at
the
beginning
of
the
meeting.
Public
comments
will
be
no
longer
than
three
(3)
minutes
per
community
member.
Should
a
speaker
conclude
their
comments
prior
to
the
expiration
of
three
(3)
minutes,
the
speaker
waives
the
right
to
speak
for
any
remaining
amount
of
time.
For
further
information
about
how
to
address
the
Council,
please refer to the City’s website at
victorvilleca.gov/government/agendas
.
In
compliance
with
the
Americans
with
Disabilities
Act,
if
you
need
special
assistance
to
participate
in
this
meeting,
please
contact
the
City
Clerk’s
office
at
(760)
955-5188
no
later
than
72 hours
prior
to
the
meeting.
5:00 p.m. Closed Session
Call to Order
Roll Call
Introduction to Public Comments
Public Comments for Closed Session Items
Declaration of Closed Session Item(s) by City Attorney
VICTORVILLE WATER DISTRICT
A.
CONFERENCE
WITH
REAL
PROPERTY
NEGOTIATORS
PURSUANT
TO
GOVERNMENT CODE SECTION 54956.8
Property Location: Acquisition of Water Rights – Mojave Water Basin District Negotiators: Keith C. Metzler, General Manager, or authorized designee Negotiating Parties: Luckey 2010 Revocable Trust
Under Negotiation: Price and terms
B.
CONFERENCE
WITH
REAL
PROPERTY
NEGOTIATORS
PURSUANT
TO
GOVERNMENT CODE SECTION 54956.8
Property Location: Acquisition of Water Rights – Mojave Water Basin District Negotiators: Keith C. Metzler, General Manager, or authorized designee Negotiating Parties: Bastianon Revocable Trust
Under Negotiation: Price and terms
C.
CONFERENCE
WITH
REAL
PROPERTY
NEGOTIATORS
PURSUANT
TO
GOVERNMENT CODE SECTION 54956.8
Property Location: Acquisition of Water Rights – Mojave Water Basin District Negotiators: Keith C. Metzler, General Manager, or authorized designee Negotiating Parties: Frazier, et al.
Under Negotiation: Price and terms
D.
CONFERENCE
WITH
REAL
PROPERTY
NEGOTIATORS
PURSUANT
TO
GOVERNMENT CODE SECTION 54956.8
Property Location: Acquisition of Water Rights – Mojave Water Basin District Negotiators: Keith C. Metzler, General Manager, or authorized designee Negotiating Parties: Bobby and Valeria Brown
Under Negotiation: Price and terms
E.
CONFERENCE
WITH
REAL
PROPERTY
NEGOTIATORS
PURSUANT
TO
GOVERNMENT CODE SECTION 54956.8
Property Location: Acquisition of Water Rights – Mojave Water Basin District Negotiators: Keith C. Metzler, General Manager, or authorized designee Negotiating Parties: Glen Sudmeier
Under Negotiation: Price and terms
F.
CONFERENCE
WITH
REAL
PROPERTY
NEGOTIATORS
PURSUANT
TO
GOVERNMENT CODE SECTION 54956.8
Property Location: Acquisition of Water Rights – Mojave Water Basin District Negotiators: Keith C. Metzler, General Manager, or authorized designee Negotiating Parties: Joan Paustell-Beinschroth
Under Negotiation: Price and terms
Recess to Closed Session
6:00 p.m. Regular Session
Call to Order
Roll Call
Closed Session Announcements by the City Attorney
Invocation: Elder Daroyl Scott of Burning Bush Church
Pledge of Allegiance: Police Captain John Wickum
Proclamations/Special Presentations
City Clerk Swearing in of Fire Chief David Foster
City Clerk Swearing in of Fire Captain Kenneth Hower
City Clerk Swearing in of Fire Captain Derek Sutton
City Clerk Swearing in of Fire Engineer Cormac O’Connell
City Clerk Swearing in of Fire Engineer Nicholas Noriega
Presentation of Code Enforcement Challenge Coins
City Clerk Presents Agenda/Revisions to Agenda
Conflict of Interest Declarations
Any
items
on
this
agenda
that
might
be
a
conflict
of
interest
to
any
Council
Members/Board Members should be identified at this time.
Introduction to Public Comments
Public Comments
PUBLIC HEARING(S)
1. Approve
three
state
funded
projects
in
Cycle
11 of
the
Highway
Safety
Improvement
Program (HSIP) and Notices of Exemptions
Recommendation:
That the Honorable City Council:
(1)
Open
and
conduct
a
public
hearing,
receive
testimony
regarding
the
proposed
projects; and
(2)
Approve
the
following
projects
and
respective
notices
of
exemptions:Traffic
Signal
Installation
at
Village
Drive
and
Puesta
Del
Sol
Drive
Project,
Rectangular
Rapid
Flashing
Beacon
Installation
Project,
and
Retroreflective
Borders
for
Backplates of 96 Traffic Signals.
2. Repeal
of
Uncodified
Ordinance
No.
1460
and
Resolution
No.
90-158
–
Storm
Drainage Benefit Fee System
Recommendation:
That the Honorable City Council:
(1)
Open
and
conduct
a
public
hearing
to
receive
comments
regarding
Ordinance
No.
2436,
repealing
Ordinance
No.
1460
(an
ordinance
establishing
a
benefit
fee
system
to
finance
the
cost
of
construction
of
storm
drainage
improvements
for
Northern and Central Victorville) and directing the non-codification of the ordinance; (2)
Find
the
repeal
of
Ordinance
No.
1460
exempt
from
environmental
review
under
the
California
Environmental
Quality
Act
(CEQA)
pursuant
to
Section
15378(b)(5)
of
the CEQA Guidelines;
(3) Introduce Ordinance No. 2436 for adoption and first reading by title only; (4) Waive further public reading in full of proposed Ordinance No. 2436; and (5)
Adopt
Resolution
No.
23-029,
repealing
Resolution
No.
90-158
(requiring
payment
of
the
storm
drain
fee
in
the
area
of
benefit
established
by
Victorville
City
Council Ordinance No. 1406) and directing the recording of the resolution.
CONSENT CALENDAR
3. Used Oil Payment Program Grant Cycle OPP 13 Acceptance and Budget
Recommendation:
That the Honorable City Council:
(1)
Adopt
Resolution
No.
23-028
to
authorize
acceptance
of
the
Used
Oil
Payment
Program
Cycle
13 Grant
and
authorize
the
City
Manager
or
his
designee
to
process
all documents required for program administration; and
(2) Ratify the associated expenditure plan.
4. Public Works O&M Statistics for the Third Quarter of Fiscal Year 2023
Recommendation:
That the Honorable Victorville City Council review and file.
5. Partial Securities Release for Case No. EWTR21-00264
Recommendation:
That the Honorable City Council:
(1)
Approve
an
80-percent
release
of
the
Water
Faithful
Performance
Securities
for
case EWTR21-00264; and
(2) Accept the water improvements.
6. Quarterly Investment Report as of March 31, 2023
Recommendation:
That
the
City
Council/Board
of
Directors
receive
and
file
the
attached
Quarterly
Investment Report as of March 31, 2023.
7. Commercial Demand Schedule No. 20
Recommendation:
That
the
City
Council
and
Board
of
Directors
ratify
Commercial
Demand
Schedule
No.
20 in
the
amount
of
$8,698,154.38,
covering
Electronic
Fund
Transfers
No.
334348
through
334493
and
Warrant
No.
789959
through
790142
for
04/06/2023
through
04/19/2023,
per
the
adopted
budget
for
Fiscal
Year
2022-2023
for
the
period covering July 1, 2022 through June 30, 2023.
8. Payroll Warrant List
Recommendation:
That
the
City
Council
and
Board
of
Directors
ratify
Payroll
Demand
Schedule
No.
9B
for
Payroll
Period
March
03,
2023,
through
March
17,
2023,
in
the
amount
of
$1,871,259.19
covering
Check
Nos.
33325
through
33350,
including
Vendor
checks.
Please
note
employee
Check
No.
33336
has
a
live
Check
and
an
EFT
Advice.
Also
included
are
Advice
Nos.
298529
through
299019
and
299021,
per
adopted
budget
for
Fiscal
Year
2022-2023
(period
covering
July
1,
2022,
through
June 30, 2023).
9. Settlement
Agreement
between
the
City
of
Victorville
and
Bayou
Title
Holding
Trust/Trustee Van Nguyen
Recommendation:
That
the
Honorable
City
Council
approve
the
Citation
Settlement
Agreement
by
and
between
Bayou
Title
Holding
Trust/Trustee
Van
Nguyen
and
the
City
of
Victorville
in
regard
to
Citation
No.
27258
and
authorize
the
City
Manager
to
sign
the
Citation
Settlement Agreement.
10. Notice of Completion - Doris Davies Pool Re-plaster
Recommendation:
That
the
Honorable
City
Council
accept
as
complete
and
approve
the
Notice
of
Completion for the Doris Davies Pool Re-plaster.
WRITTEN COMMUNICATIONS
11. Amendment
No.
1 to
the
General
Services
Provider
Standard
Agreement
with
Univar Solutions USA, Inc. for the Annual Supply of Sodium Hypochlorite
Recommendation:
That
the
Honorable
Victorville
Water
District
Board
of
Directors
(Board)
approve
Amendment
No.
1 to
the
General
Services
Provider
Standard
Agreement
by
and
between
Victorville
Water
District
(District)
and
Univar
Solutions
USA,
Inc.
(Univar)
for the annual supply of sodium hypochlorite, Project CC22-102.
12. Purchase of Five (5) Liquid Filled Padmounted Transformers
Recommendation:
The Honorable City Council approve:
(1)
The
purchase
of
five
(5)
Liquid
Filled
Padmounted
Transformers
from
Hitachi
Energy USA, Inc. in the amount not to exceed $542,461.31; and (2)
A
Sole
Source
arrangement
with
Hitachi
Energy
USA,
Inc.
for
the
purchase
of
electric utility distribution equipment.
13. General
Services
Provider
Agreement
between
Mission
Ambulance,
Inc.
dba
Mission
Aviation
Fire
Rescue
and
the
Southern
California
Logistics
Airport
Authority
for Aircraft Rescue and Fire Fighting Services Project CC23-088
Recommendation:
That
Your
Honorable
Southern
California
Logistics
Airport
Authority
Board
of
Directors
approve
the
award
of
a
General
Services
Provider
Standard
Agreement
(“Agreement”)
to
Mission
Ambulance,
Inc.
dba
Mission
Aviation
Fire
Rescue
(“Mission
Aviation
Fire
Rescue”),
in
the
amount
not
to
exceed
$7,814,420
for
Aircraft Rescue and Fire Fighting Services, Project CC23-088.
14. Termination
Agreement
to
dissolve
the
Southern
California
Logistics
Rail
Authority
(“SCLRA”)
Recommendation:
That
the
Honorable
City
Council,
Board
of
Directors
for
the
Successor
Agency
to
the
Victorville
Redevelopment
Agency,
and
the
Southern
California
Logistics
Airport
Authority
adopt
Resolution
Nos.
23-032,
R-SA
23-001
and
SCLAA
23-007,
approving
the
execution
of
a
Termination
Agreement
to
Dissolve
the
Southern
California Logistics Rail Authority, and taking related actions.
15. Real Property Donation Agreement
Recommendation:
That the Honorable Board of Directors:
(1)
Adopt
Resolution
VWD
23-005
accepting
the
donation
of
real
property
to
the
Victorville Water District (“District”); and
(2)
Authorize
the
General
Manager
to
enter
into
a
Real
Property
Donation
Agreement with Sergio Carcelen.
16. Monthly mileage allowance for the Mayor and Mayor Pro Tem
Recommendation:
Any action is at the discretion of Your Honorable City Council.
17. City Council Members’ Proof of Residency
Recommendation:
Any action is at the discretion of Your Honorable City Council.
18. Ability to suspend stipend/salary based on Councilmember misconduct
Recommendation:
Any action is at the discretion of the City Council.
19. Councilmember Reprimand for City Councilmember Blanca Gomez
Recommendation:
Any action is at the discretion of the City Council.
20. City Manager Reports
21. Discussion and Possible Action Regarding Upcoming Agenda Items
22. Reports from Council Members
Adjournment
Item Number: 1
City Council / Board of Directors
Public Hearing(s)
Meeting of: May 2, 2023
Submitted By:
Brian Gengler, City Engineer
Subject:
Approve three state funded projects in Cycle 11 of the Highway Safety Improvement Program (HSIP) and Notices of Exemptions
Recommendation:
That the Honorable City Council:
1. Open and conduct a public hearing, receive testimony regarding the proposed projects; and
2. Approve the following projects and respective notices of exemptions:
Traffic Signal Installation at Village Drive and Puesta Del Sol Drive Project, Rectangular Rapid Flashing Beacon Installation Project, and Retroreflective Borders for Backplates of 96 Traffic Signals.
Fiscal Impact:
This action will not result in a fiscal impact. The grant funds for each project will be included in the Fiscal Year 2023/2024 Budget.
Strategic Plan Goal:
This project aligns with Goal E, Strategy 1 in the City of Victorville Strategic Plan 2020- 2023, “Invest in Infrastructure” and “Implement the City’s Capital Improvement Program to meet community needs” as the traffic improvements will improve safety for pedestrians and drivers throughout the City.
Background:
The Highway Safety Improvement Program (HSIP), administered by Caltrans, provides grant funding for traffic safety improvement projects. The focus of the HSIP is on infrastructure projects with nationally recognized crash reduction factors. HSIP projects must be identified on the basis of crash experience (traffic accidents), crash potential, crash rate, or other data supported means.
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The City has received grant funding for several HSIP projects in the past, including:
•Guardrail replacements at 13 locations.
•A new traffic signal at Village Dr. / Tawney Ridge Lane. •A new traffic signal at Mojave Dr. / Condor Dr.
•Upgrades to traffic signals at five intersections on Seventh St.
In September of 2022 City staff submitted applications to Caltrans for four projects for the Cycle 11 HSIP call for projects. On March 9, 2023, Caltrans notified the City that three projects were approved for HSIP grant funding and the required minimum match amounts as shown below.
•A new traffic signal at Village Dr. / Puesta Del Sol Dr. $526,500.00 Minimum required match: $98,500.00
•Rectangular Rapid Flashing Beacons at 9 school crosswalks $149,310.00 Minimum required match: $0.00
•Retroreflective Borders for Backplates of 96 Traffic Signals $110,440.00 Minimum required match: $0.00
Please refer to Attachment A, location maps for the projects and Attachment B, the Caltrans notice of funding for the projects. One of the projects, a new traffic signal at Village Dr. / Clovis Rd., with a grant request of $576,000.00 was not approved for funding.
Discussion:
The next step needed to move the three funded HSIP projects forward is to approve each project in conformance with the California Environmental Quality Act (CEQA) guidelines.
Caltrans requires CEQA approval before the funds are authorized for construction. This authorization is required before each project can be advertised for construction.
CEQA requires that public agencies review all projects to consider their potential direct or indirect environmental impacts on the environment and to establish whether such impacts can be reduced or avoided through mitigation or by pursuing other alternatives. The California Code of Regulations Title 14, Division 6, Chapter 3 provides guidelines for implementation of CEQA. Article 5 of such guidelines identifies certain types of projects which have been determined not to have a significant effect on the environment and which shall be exempt from the provisions of CEQA. Pursuant to Article 5, Section 15061, after determining that a project is exempt from CEQA, and once the project is approved by its governing body, a Notice of Exemption may be recorded to initiate a 35-day statute of limitations for any appeals submitted from a party feeling a categorical exemption is being improperly used to limit the possibility of legal challenge.
The scope of each project is as follows:
1. Installation of Traffic Signal at Village Drive and Puesta del Sol Project This project will install a traffic signal to upgrade the intersection at Village Drive and Puesta Del Sol Drive from a 2-way stop to an actuated traffic signal to improve overall 3 0
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safety of the intersection. This signal will be installed at an intersection with existing ADA ramps, conduits, and sidewalks.
2. Rectangular Rapid Flashing Beacons Project
This project consists of installing Rectangular Rapid Flashing Beacons at 9 existing uncontrolled crosswalks located at or next to schools.
3. Retroreflective Borders to Traffic Signal Backplates This project will retrofit the backplates of all 96 city-owned traffic signals. The back plate which is located behind the red, yellow, and green lights on a traffic signal will be retrofitted by installing yellow retroreflective borders to improve visibility.
Pursuant to CEQA requirements described in the background section of this report, City staff has evaluated the scopes of these three projects and has determined that they are all Categorically Exempt from CEQA under Article 19, Section 15301(c): Existing Facilities (Class 1) of the CEQA guidelines. This determination was based on the following criteria:
•All three projects are considered minor alterations that will involve no expansion of existing use/capacity as their scopes aim to improve the safety of existing streets by adding elements to existing infrastructure.
•None of the following exceptions considered under Section 15300.2 apply:
a) Location: The proposed project elements will be installed within the existing City’s right of way within no particularly sensitive environments. b) Cumulative Impact: All three projects will be fully functional upon completion and will not require any successive projects for which cumulative impacts must be considered.
c) Significant Effect: Even under unusual circumstances there is no reasonable possibility that the activities to be performed to complete these projects will have a significant effect on the environment.
d) Scenic Highways: None of the projects are located within scenic highways. e) Hazardous Waste Sites: None of the projects are listed on any list compiled pursuant to Section 65962.5 of the Government Code.
f) Historical Resources: None of the projects will affect any historical resources as they will be installed within existing streets.
Please refer to Attachment C, the Notice of Exemption forms for each project.
Engineering staff will be preparing the plans, specifications and estimates for the three projects discussed above. After Caltrans authorizes the funds for construction, staff will advertise for bids. Next, after bids have been opened for the new traffic signal at Village Dr. / Puesta Del Sol Dr. and the Rectangular Rapid Flashing Beacons Project, staff will request that City Council award construction contracts to the lowest responsive and responsible bidder for each project. For the Retroreflective Borders to Traffic Signal Backplates Project, staff will proceed with a purchase within the City Manager’s authority, 3 0
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assuming the total amount does not exceed $125,000.00. The materials purchased for this project will be installed by City traffic signal maintenance staff.
Staff recommends that the Honorable City Council open and conduct a public hearing to receive testimony regarding the proposed projects and approve the following projects and respective notices of exemption:
1. Traffic Signal Installation at Village Drive and Puesta Del Sol Drive Project;
2. Rectangular Rapid Flashing Beacon Installation Project; and
3. Retroreflective Borders for Backplates of 96 Traffic Signals.
Staff remains available for any questions Council may have.
Attachments: A. Location Maps
B. Notice of Funding
C. Notices of Exemption
ATTACHMENT A
ATTACHMENT B
ATTACHMENT C
Item Number: 2
City Council / Board of Directors
Public Hearing(s)
Meeting of: May 2, 2023
Submitted By:
Jenele Davidson, Deputy City Manager
Subject:
Repeal of Uncodified Ordinance No. 1460 and Resolution No. 90-158 – Storm Drainage Benefit Fee System
Recommendation:
That the Honorable City Council:
1. Open and conduct a public hearing to receive comments regarding Ordinance No. 2436, repealing Ordinance No. 1460 (an ordinance establishing a benefit fee system to finance the cost of construction of storm drainage improvements for Northern and Central Victorville) and directing the non-codification of the ordinance;
2. Find the repeal of Ordinance No. 1460 exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to Section 15378(b)(5) of the CEQA Guidelines;
3. Introduce Ordinance No. 2436 for adoption and first reading by title only;
4. Waive further public reading in full of proposed Ordinance No. 2436; and
5. Adopt Resolution No. 23-029, repealing Resolution No. 90-158 (requiring payment of the storm drain fee in the area of benefit established by Victorville City Council Ordinance No. 1406) and directing the recording of the resolution.
Fiscal Impact:
There is no fiscal impact associated with the recommended actions. The City’s current Development Impact Fee for Regional Strom Drainage was approved on June 7, 2022, and became effective on January 1, 2023.
Strategic Plan Goal:
The City of Victorville Strategic Plan 2020-2023 identifies multi-year strategic goals and various strategies to work toward achieving those goals. Goal A is financial sustainability through long-term planning, cost control, increased revenue and cost recovery. The City accomplished a portion of this goal by evaluating and establishing a Regional Storm Drain 3 0
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Development Impact Fee to fund capital facilities needed to mitigate the impacts of new development and maintain the existing level of service for the City’s regional drainage system.
Background:
Development Impact Fees (DIF) are one-time fees assessed on new development to fund the cost of providing municipal facilities to serve the impact created by new development.
The authorization for a local jurisdiction to collect DIF exists through the enactment of California Government Code sections 66001 through 66025 (also known as the “Mitigation Fee Act” and sometimes referred to as “AB 1600” or “AB 602”). Additionally, under V.M.C. Section 16-5.01.080, development impact fees apply to all development in the City of Victorville.
As part of the Citywide DIF study completed in June 2022, staff reviewed all ordinances and resolutions related to DIF fee establishment. During the process, it was discovered that the City previously established a Storm Drainage benefit fee system by ordinance, which was not codified, and a corresponding resolution establishing storm drainage fee parameters was recorded with the San Bernardino County Recorder’s Office.
Discussion:
Uncodified Ordinance 1460 and Resolution No. 90-158, Establishing a Benefit Fee System to Finance the Cost of Construction of Storm Drainage Improvements for Northern and Central Victorville do not meet the fee establishment requirements currently outlined in the Mitigation Fee Act. As part of the DIF fee update last year, the City hired an independent consultant to conduct a study of regional storm drainage needs projected through 2050. The “Nexus Study” was required as part of the fee establishment guidelines outlined in the Mitigation Fee Act and was accepted and adopted as part of Resolution No. 22-045 (Attachment A) at the City Council meeting held on June 7, 2022.
The Council’s subsequent adoption of Resolution No. 22-050 (Attachment B) established the City’s Master Fee Schedule for all DIF and Capacity Charges, including the Regional Storm Drainage DIF, and updated the associated City Council Policy No. CP-22-01 for implementation. As part of that action the Council also found that Resolution No. 22-050 and City Council Policy No. CP-22-01 would supersede any inconsistencies with previously adopted Council policies or resolutions.
Effective January 1, 2023, the new Regional Storm Drainage DIF completely replaced and supplanted the previously established Storm Drainage benefit fee system. However, because the Storm Drainage benefit fee system was previously adopted by ordinance, these additional actions have been determined as necessary to formerly repeal Ordinance No. 1460, record the nullification of Resolution No. 90-158, and eliminate any future uncertainty.
By adopting Ordinance No. 2436 (Attachment C), uncodified Ordinance No. 1460, which originally established a benefit fee system to finance Storm Drainage improvements for a portion of the city, will be formally repealed. Adopting Resolution No. 23-029 (Attachment 3 0
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D) will take an additional step to repeal the requirement to pay the Storm Drainage fees that were originally established by uncodified Ordinance No. 1460. These steps will ensure that the Council’s more recent adoption of Resolution No. 22-050 to establish the City’s Master Fee Schedule for DIF and Capacity Charges, as well as the associated City Council Policy No. CP-22-01 for implementation of said fees, serve as the governing documents for Regional Storm Drainage DIF and related improvements going forward.
Staff is available for any questions you may have.
Attachments: A. Resolution No. 22-045
B. Resolution No. 22-050
C. Ordinance No. 2436
D. Resolution No. 23-029
Attachment A
Attachment B
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Attachment C
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ORDINANCE NO. 2436
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
VICTORVILLE, CALIFORNIA, REPEALING IN ITS ENTIRETY
UNCODIFIED ORDINANCE NO. 1460 WHICH PREVIOUSLY
ESTABLISHED A BENEFIT FEE SYSTEM TO FINANCE DRAINAGE
IMPROVEMENTS AND DIRECTING THE NON-CODIFICATION OF
SAID ORDINANCE
WHEREAS, on July 10, 1990, the City Council of the City of Victorville (“City”) introduced Ordinance No. 1460, entitled “An Ordinance Establishing a Benefit Fee System to Finance the Cost of Construction of Storm Drainage Improvements for Northern and Central Victorville”, and enacted said ordinance on July 24, 1990 (effective September 24, 1990); and WHEREAS, on July 10, 1990, the City Council also adopted and directed the recording of Resolution No. 90-158, which resolution set the amount of the fee, described the area of benefit in which it applied, and described the costs and rate and method of apportionment of said fee; and WHEREAS, following said enactment and the adoption and recordation of Resolution No. 90-158, the City continuously collected a $2,585.00 per acre drainage improvement fee on certain new development as authorized by Ordinance No. 1460, Resolution No. 90-158, and Government Code Section 66483 (the “1460 Fee”); and
WHEREAS, said 1460 Fee was re-evaluated pursuant to a regional drainage facilities study conducted by an independent consultant on behalf of the City (the “Drainage Study”) as part of a City-wide update and consolidation of various Development Impact Fees undertaken to comply with new legislation (AB 602) and information available with respect to the impact of new development on the demand for certain improvements and services and the costs of same; and WHEREAS, said Drainage Study was presented to the City Council at a public workshop on March 29, 2022, and thereafter a new Regional Drainage Fee was considered and adopted by the City Council via Resolution No. 22-050 following a public hearing on June 7, 2022; and WHEREAS, the newly adopted Regional Drainage Fee completely replaced and supplanted the 1460 Fee effective January 1, 2023; and
WHEREAS, although Resolution No. 22-050 superseded and suspended collection of the 1460 Fee effective as of December 31, 2022, Ordinance No. 1460 must formally be repealed to eliminate future uncertainty.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Recitals.
The recitals set forth above are true and correct and are hereby incorporated by this reference as if set forth in their entirety.
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Section 2. Repeal of Victorville Ordinance No. 1460.
City of Victorville Ordinance No. 1460 is hereby repealed in its entirety.
Section 3. Repeal of Conflicting Provisions.
All the provisions of the Victorville Municipal Code heretofore adopted by the City Council of the City of Victorville that are in conflict with the provisions of this Ordinance are hereby repealed as of the effective date hereof.
Section 4. Severability.
The City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Ordinance as hereby adopted shall remain in full force and effect.
Section 5. CEQA Exemption.
The City Council finds, pursuant to Title 14 of the California Code of Regulations, Section 15378(b)(5), that this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is a governmental, organizational, or administrative activity (the repeal of an outdated fee) that will not result in direct or indirect changes in the environment and therefore is not a “project”.
Section 6. Ordinance Not to be Codified.
This Ordinance shall not be codified.
Section 7. Effective Date.
This Ordinance shall take effect thirty (30) days after its final passage.
Section 8. Certification.
The City Clerk of the City of Victorville is hereby directed to certify to the passage and adoption of this Ordinance and to cause it to be published as required by law. 1 3
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2 Attachment D
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2 RESOLUTION NO. 23-029
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VICTORVILLE, CALIFORNIA, REPEALING IN ITS ENTIRETY
RESOLUTION NO. 90-158, WHICH PREVIOUSLY REQUIRED
PAYMENT OF THE STORM DRAINAGE FEE IN THE AREA OF
BENEFIT ESTABLISHED BY VICTORVILLE CITY COUNCIL
ORDINANCE NO. 1460 AND DIRECTING THE RECORDING OF SAID
RESOLUTION
WHEREAS, on July 10, 1990, the City Council of the City of Victorville (“City”) introduced Ordinance No. 1460, entitled “An Ordinance Establishing a Benefit Fee System to Finance the Cost of Construction of Storm Drainage Improvements for Northern and Central Victorville”, and enacted said ordinance on July 24, 1990 (effective September 24, 1990); and WHEREAS, on July 10, 1990, the City Council also adopted and directed the recordation of Resolution No. 90-158, which resolution set the amount of the fee, described the area of benefit in which it applied, and described the costs, and rate and method of apportionment of said fee; and WHEREAS, following said enactment and the adoption and recordation of Resolution No. 90-158, the City continuously collected a $2,585.00 per acre drainage improvement fee on certain new development as authorized by Ordinance No. 1460, Resolution No. 90-158, and Government Code Section 66483 (the “1460 Fee”); and
WHEREAS, said 1460 Fee was re-evaluated pursuant to a regional drainage facilities study conducted by an independent consultant on behalf of the City (the “Drainage Study”) as part of a City-wide update and consolidation of various Development Impact Fees undertaken to comply with new legislation (AB 602) and information available with respect to the impact of new development on the demand for certain improvements and services and the costs of same; and WHEREAS, said Drainage Study was presented to the City Council at a public workshop on March 29, 2022, and thereafter a new Regional Drainage Fee was considered and adopted by the City Council via Resolution No. 22-050 following a public hearing on June 7, 2022; and WHEREAS, the newly adopted Regional Drainage Fee completely replaced and supplanted the 1460 Fee effective January 1, 2023; and
WHEREAS, although Resolution No. 22-050 superseded and suspended collection of the 1460 Fee (among others) effective December 31, 2022, passage of a separate resolution specific to the repeal of Resolution No. 90-158 is required for purposes of recordation to ensure the nullification of said resolution in the official records of the County of San Bernardino.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
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2 Section 1.That the recitals and findings set forth above are true and correct and are hereby incorporated in their entirety by this reference.
Section 2.That Resolution No. 90-158, recorded as Instrument No. 90-318709 in the Official Records of the County San Bernardino, is hereby repealed in its entirety.
Section 3.That this Resolution shall be effective as of the date of adoption.
Section 4.That the City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of the City; and shall make a minute of passage and adoption thereof in the records of the proceedings of the City Council, in the minutes of the meeting at which this Resolution is passed and adopted.
Section 5.That the City Clerk shall record a certified copy of this Resolution with the San Bernardino County Recorder immediately following g its passage.
Item Number: 3
City Council / Board of Directors
Consent Calendar
Meeting of: May 2, 2023
Submitted By:
Doug Mathews, Director of Public Works and Water
Subject:
Used Oil Payment Program Grant Cycle OPP 13 Acceptance and Budget Recommendation:
That the Honorable City Council:
(1) Adopt Resolution No. 23-028 to authorize acceptance of the Used Oil Payment Program Cycle 13 Grant and authorize the City Manager or his designee to process all documents required for program administration; and
(2) Ratify the associated expenditure plan.
Fiscal Impact:
Acceptance of the Oil Payment Program Cycle 13 Grant will increase the revenue budget by $20,810 (2707501C-43110-21380) and increase appropriations by an equal amount in the following account numbers:
$9,810 for Supplies (2707501C-52110-21380)
$6,000 for Advertising (2707501C-52170-21380)
$5,000 for Contract Services (2707501C-52300-21380)
There is no requirement for the City to provide matching funds. Funds are tracked through City budget Org 2707501C, State Grant, Oil Payment Program.
Strategic Plan Goal:
This item aligns with Goal F of the Strategic Plan, Communication and Outreach. The usage of this state-funded grant program assists with educating our community concerning proper oil and oil filter recycling in addition to providing supplies for residents to help with the proper collection and disposal of these items. 3 0
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Background:
Since 2014, the City of Victorville has consistently applied for and received Used Oil Payment Program (OPP) grants from the California Department of Resources Recycling and Recovery (CalRecycle). These grants are used to support the City’s used oil and oil filter collection and recycling efforts. CalRecycle offers these grants pursuant to California Public Resources Code Section 48653. The City uses these funds for public education and outreach, to purchase oil filter drain pans and filter buckets, and to cover a portion of the staffing costs associated with accepting used oil and filters at the City’s Household Hazardous Waste Collection Center.
Discussion:
In accordance with the City’s grant policy and California State Department of Resources Recycling and Recovery (CalRecycle) requirements, staff is seeking acceptance of the grant award and ratification of the associated spending plan for the fiscal year 2022-2023, Cycle 13, Used Oil Payment Program (OPP 13) Grant in the amount of $20,810. Grant funding is made available pursuant to California Public Resources Code Section 48600 et seq. which outlines the California Oil Recycling Enhancement Act. The Act is administered by CalRecycle and is funded by a fee paid by oil manufacturers for each gallon of lubricating oil sold in California. The fee has been set at $0.24/gallon since January 1, 2014. There is also a lower fee of $0.12/gallon for the sale of re-refined oil in California.
Fees collected are used to fund CalRecycle’s Used Oil Recycling Program projects, including the provision of payments to local governments for used oil and oil filter collection and recycling programs. Public Resources Code Section 48653 provides for a maximum of $11 million per fiscal year for the Used Oil Payment Program. The actual budget amount is determined annually by the State legislature, and payments for each eligible jurisdiction are calculated on a per capita basis.
In the FY 2020/2021 cycle, CalRecycle notified jurisdictions that after fulfilling statutory requirements, the funding amount for the Used Oil Payment Program Cycle 11 would be reduced. For this reason, Cycle 11 grant awards to jurisdictions were correspondingly reduced.
This funding reduction from CalRecycle has continued into the OPP 13 grant cycle. The City’s OPP 13 grant is slightly higher than its OPP 12 award, but it is still significantly less than the amount it has received historically. The City’s expenditure plan for the OPP 13 cycle grant has been adjusted to reduce the amount budgeted for supplies and advertising.
The City has applied for and received this grant annually for the past eight cycles in the following amounts:
• OPP 5 Cycle: $33,465
• OPP 6 Cycle: $33,364
• OPP 7 Cycle: $33,548
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• OPP 8 Cycle: $33,347
• OPP 9 Cycle: $34,129
• OPP 10 Cycle: $34,023
• OPP 11 Cycle: $14,089
• OPP 12 Cycle: $17,164
On February 18, 2020, the City Council adopted Resolution No. 20-003 which authorized the submittal of applications for any and all payment programs offered by CalRecycle and authorized the City Manager or his designee as a signature authority.
The OPP 13 grant application was submitted in June 2022, and the check was received in April 2023. Grant funds for the OPP 13 funding cycle must be fully expended by June 30, 2024. The OPP grant is a major source of funding for the operation and promotion of the City’s used oil and filter recycling program. Consistent with the grant awards from prior years, the City will use this grant award to pay for a portion of the costs of staffing the City’s Household Hazardous Waste Collection Center and the associated supplies and marketing efforts related to used motor oil and oil filter recycling.
The expenditure plan calls for $9,810 for supplies, $6,000 for advertising/public education, and $5,000 for contract services for Household Hazardous Waste Collection Center staffing costs associated with used oil and filter collection activities.
Staff recommends that the City Council ratify the expenditure plan above and approve Resolution No. 23-028 to authorize the acceptance of OPP 13 grant funds and authorize the City Manager or his designee as the signing authority to execute all documents necessary to administer the grant.
Staff remains available for any questions Council may have.
Attachments: A. Resolution No. 23-028
B. CalRecycle Oil Payment Program Grant Cycle 13 Guidelines C. Copy of check
Attachment A
Resolution No. 23-028
RESOLUTION NO. 23-028
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VICTORVILLE, CALIFORNIA, AUTHORIZING ACCEPTANCE OF THE
USED OIL PAYMENT PROGRAM CYCLE 13 GRANT AND
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE ALL NECESSARY DOCUMENTS TO IMP LEMENT THE
GRANT
WHEREAS, pursuant to Public Resources Code § 48600 et seq. the California State Department of Resources Recycling and Recovery (CalRecycle) has established the Used Oil Payment Program to make payment s to qualifying jurisdictions for implementation of their used oil programs; and
WHEREAS, the Vict orville City Council previously adopted Resolution No. 20- 003 on February 18, 2020, which authorized the City to apply for CalRecycle payment program grants; and
WHEREAS, CalRecycle has notified the City that grant funds have been awarded to the City for Used Oil Payment Program Cycle 13.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The City of Victorville is authoriz ed to accept Used Oil Payment Program Cycle 13 grant funds from CalRecycle.
Section 2. The City Manager or his designee is hereby authorized as Signature Authority to execute all documents necessary to implement the grant.
Section 3. That the City of V ictorville’s annual budget for Fiscal Year 2022 - 2023 shall be amended to reflect additional revenue in the amount of $20,810 (2707501C- 43110-21380) and additional expenses in the amount of $9,810 for Supplies (2707501C-52110-21380), $6,000 for Advertising (2707501C-52170-21380) and $5,000 for Contract Services (2707501C-52300-21380).
Section 4. That copies of such amended budget, certified by the City Clerk, shall be filed with the auditors of the City of Victorville and in the office of the City Clerk for public inspection and certified copies thereof shall be made available for use by City departments, offices and subsidiary districts of the City.
Section 5. This Resolution shall take effect immediately upon its adoption.
Attachment B
Guidelines: Used Oil Payment Program, OPP13 (FY 2022–23) Revised June 7, 2022
1 May 2022
Department of Resources Recycling and Recovery
Used Oil Payment Program Guidelines
Cycle 13 (OPP13) Fiscal Year 2022–23
Revised 6/7/2022
Guidelines: Used Oil Payment Program, OPP1 3 (FY 2022–23) 2
Table of Contents
Overview and Statutory Authority ................................................................................... 4 Timeline and Cycle Activity .............................................................................................. 5 Eligible Applicants............................................................................................................. 5 Individual Application ........................................................................................................ 6 Regional Application ......................................................................................................... 6 Joint Powers Authority Application Requirements .......................................................... 6 Public Records Requests ................................................................................................. 6 Confidentiality ................................................................................................................... 7 Application Instructions ................................................................................................... 8 Application Access ........................................................................................................... 8 Application Contents and Instructions ............................................................................. 8 Program Requirements Tab .......................................................................................... 8 Contacts Tab ................................................................................................................. 9 Addresses Tab............................................................................................................... 9 Participating Jurisdictions Tab ...................................................................................... 9 Documents Tab ............................................................................................................. 9 Application Submittal and Deadline ............................................................................... 10 Application Documents .................................................................................................. 11 Electronic and Original Signatures ................................................................................. 11 CalRecycle Documents .................................................................................................. 11 Application Certification ............................................................................................... 11 Applicant’s Documents ................................................................................................... 11 Applicant’s Required Authorization Documents ............................................................ 11 Individual Application Authorization Documents: ....................................................... 12 Regional Application Authorization Documents: ........................................................ 12 Joint Powers Authority Agreement ............................................................................. 13 Letter of Designation ................................................................................................... 13 Review and Award Process............................................................................................ 15 Application Review Process ........................................................................................... 15 Payment Award Process ................................................................................................ 15 Payment Award Conditions ............................................................................................ 15 Notice of Award .............................................................................................................. 15 Application Revisions ..................................................................................................... 15 Disqualification of Application ........................................................................................ 15 Term and Payments ........................................................................................................ 16 Eligible Costs .................................................................................................................. 16 Expenditures ................................................................................................................... 16 Expenditures Requiring Approval .................................................................................. 17 Pre-Approved Expenditures ........................................................................................... 17 Stormwater Mitigation ..................................................................................................... 19 Ineligible Costs ............................................................................................................... 19 Publicity, Education, and Outreach ................................................................................ 21 Acknowledgement .......................................................................................................... 21 Graphics .......................................................................................................................... 22 Certified Collection Center (CCC) Site Visit Requirements .......................................... 22 Annual Reporting ............................................................................................................ 23 Expenditure Reporting .................................................................................................... 23
Guidelines: Used Oil Payment Program, OPP13 (FY 2022–23) Revised June 7, 2022
3 Expenditure Reporting Resources .............................................................................. 23 Unspent Funds ............................................................................................................... 23 Audit, Accounting, and Records Retention .................................................................... 24 Real and Personal Property Acquired with OPP Funds ................................................ 24 Discretionary Termination .............................................................................................. 25 Termination for Cause .................................................................................................... 25 Indemnity......................................................................................................................... 26 Compliance ..................................................................................................................... 26
Guidelines: Used Oil Payment Program, OPP13 (FY 2022–23) Revised June 7, 2022
4 Submittal of a Used Oil Payment Program (OPP) Application constitutes acceptance of these Guidelines as the controlling requirements for receiving, spending, and accounting for OPP funds and for annual reporting. The application and these Guidelines shall constitute the OPP Agreement.
Overview and Statutory Authority
The Department of Resources Recycling and Recovery (CalRecycle) offers the Used Oil Payment Program pursuant to Section 48600 of the Public Resources Code.
The California Public Resources Code (PRC) section 48600 et seq. describes the California Oil Recycling Enhancement Act (Act), which, among other things, provides up to $11 million annually in payments to local governments for implementation of local used oil and filter collection programs. The Department of Resources Recycling and Recovery (CalRecycle) is responsible for administering the OPP. These Guidelines describe the application and administrative processes to implement the OPP Cycle 1 3.
Payment Recipients (recipients) are responsible and accountable for ensuring that expenditures are appropriate, and that proper internal supporting documentation is maintained. To ensure full compliance with OPP’s processes and requirements, OPP applicants/recipients must adhere to these Guidelines and the program provisions set out in the Act, notably PRC sections 48674, 48690, and 48691.
Note: The anticipated amount for FY 2022–23 is $6,099,000. The amount available is subject to change, based on the availability of oil funds.
This resource document provides applicants with instructions to access and complete the application online and information about the administration of the Used Oil Payment Program. The web-based application is in CalRecycle’s Local Government Oil Payment Program (LoGOPP) (https://secure.calrecycle.ca.gov/LoGOPP/SignIn.aspx ). You will need to sign into LoGOPP to complete and submit an application.
Note: The following terms used in this document are defined below, unless the context clearly indicates otherwise:
• “Applicant” refers to either the legal name of the entity that is legally responsible for payment program administration and any entity that will receive and control payment program equipment, if awarded, or to a person who is completing an application on behalf of the Applicant (this is usually the primary contact listed on the application, but could also be the secondary contact, signature authori ty, or consultant).
• “You” refers to a person who is completing the application on behalf of the Applicant.
Guidelines: Used Oil Payment Program, OPP13 (FY 2022–23) Revised June 7, 2022
5 Timeline and Cycle Activity
June 28, 2022: Application Due Date
• Applicants must submit applications in LoGOPP by 11:59 p.m. on this date. • Customer service will be available until 4:00 p.m. on this date.
July 26, 2022: Secondary Due Date
• Approved Resolution must be uploaded in LoGOPP by this date if it was not submitted with the application.
• If applicable, Letters of Authorization must be up loaded in LoGOPP by this date.
Spring 2023: Payments Awarded
• Unless an early payment is requested by the applicant and subsequently approved by CalRecycle.
July 1, 2022–June 30, 2024: Cycle Term Dates
August 15, 2023 and August 15, 2024: Annual Report Due Dates • Due no later than August 15 of each year during performance period. If the due date falls on a Saturday or Sunday, the online report must be submitted by the following Monday.
Eligible Applicants
Applicants are limited to local governments, which are defined in statute as "any chartered or general law city, chartered or general law county, or any city and county." CalRecycle may make a payment to another entity that will implement the program on behalf of a local government (in lieu of making a payment to that local government) with the agreement of that local government.
Applicants that comply with PRC sections 48690 and 48691 are eligible to apply for and, if approved, receive payment through the OPP. Applic ants must have a used oil collection program which provides either of the following or a combination of the two:
• Ensures there is at least one certified used oil collection center (CCC) for every 100,000 residents not served by curbside collection .
• Provides used oil curbside collection at least once a month.
In addition to meeting at least one of the requirements above, applicants must have a public education component that informs the public of locally available used oil recycling opportunities.
California Labor Code section 1782 prohibits a charter city from receiving state funding or financial assistance for construction projects if that charter city does not comply with Labor Code sections 1770-1782. If any applicants or participating entities are charter cities or Joint Powers Authorities that include charter cities, the lead participating entity must certify that Labor Code section 1782 does not prohibit any included charter city from receiving state funds for the project described in this application. If it is determined after award that an applicant or a participating entity is a charter city prohibited from
Guidelines: Used Oil Payment Program, OPP13 (FY 2022–23) Revised June 7, 2022
6 receiving state funds for their project, the award will be terminated and any disbursed OPP funds shall be returned to CalRecycle.
Individual Application
An individual Application is one in which a single eligible entity will be responsible for the payment program implementation. The applicant in an Individual Application will be responsible for the performance of the payment program and all related documentation.
In addition, the applicant will be the only entity receiving any real or personal property that is purchased with these funds.
Regional Application
Local governments may join together in a regional application, in which two or more eligible jurisdictions join together for the purpose of project implementation. A Regional Lead Participant must be designated to act on behalf of all Non-Lead Participants. An entity that is not a local government, such as a district, can be delegated as a Lead but is not eligible to join as a participant. The Lead Participant is the applicant, and if awarded, will be responsible for the performance of the OPP and all req uired documentation. CalRecycle will direct all official correspondence and payments to the Lead Participant. If a jurisdiction is a Non-Lead Participant in a Regional Application, it may not apply individually.
Joint Powers Authority Application Requirements
Joint Powers Authorities (JPA) may submit a n application as an individual applicant . An entity may not submit an individual application if that entity is also a member of an applicant JPA. In addition to the requirements for an I ndividual Application, a JPA must upload a copy of its JPA Agreement.
The JPA Agreement must:
1. Give authority over used oil management.
2. List all member entities.
3. Contain the signature of all members .
Public Records Requests
CalRecycle’s policy is to make records requested by the public promptly available in accordance with the laws governing disclosure of records and information to the public.
In general, all records in the possession of a state agency are public records subject to disclosure, unless a law provides that a particular kind of record or information is not a public record or is exempt or prohibited from disclosure.
Upon request, the entire contents of the submitted application are subject to public records requests. This may include contact information, project summary, uploaded documents, and scoring information. Public records may be requested from CalRecycle through the California Public Records Act Requests web page (https://www2.calrecycle.ca.gov/Forms/ContactUs/PublicRecordsRequest/).
Guidelines: Used Oil Payment Program, OPP13 (FY 2022–23) Revised June 7, 2022
7 Confidentiality
The following describes the treatment of certain confidential or proprietary informat ion under the California Public Records Act ( Government Code 6250, et seq.) and related regulations. It also describes how questions are resolved on whether inf ormation is truly confidential, the legal protections for confidential information, and internal and program procedures to maintain confidentiality.
Confidential or Proprietary Information
Title 14 of the California Code of Regulations (14 CCR), sections 17041-17046 (https://www.calrecycle.ca.gov/Laws/Regulations/Title14/), states that confidential or proprietary information shall include, but is not limited to:
• Personal or business-related financial data, customer client lists, supplier lists and other information of a proprietary or confidential business nature provided by persons in applications, reports, returns, certifications or other documents submitted to [CalRecycle] which if released would result in harmful effects on the person’s competitive position.
• Tax information prohibited from disclosure, pursuant to the Revenue and Taxation Code.
Accordingly, appropriate documents submitted with an application that are clearly marked, on each page, “confidential or proprietary information” will be treated by CalRecycle pursuant to the procedures set forth in 14 CCR sections 17041 -17046.
However, the law does not treat documents marked as “confidential or proprietary information” (such as sales brochures, promotional literature and other general non - financial documents) as confidential if they do not fall within the categories of protected financial documents listed above.
What if there is a question about what is confidential? If CalRecycle receives a request to disclose data claimed by the applicant to be confidential, CalRecycle would notify the applicant of the request and state that the documents were under review to determine whether information was correctly identified as “confidential.” If there was any question as to whether specific information was confidential, CalRecycle would contact the person(s) identified in the application to provide a justification and statement why the information is confidential. The process for evaluating confidentiality claims is set forth in section 14 CCR 17046.
What procedures does CalRecycle have in place to ensure that confidential information is kept confidential?
Confidential or proprietary information will be evaluated and analyzed only by CalRecycle staff, kept confidential, and will be maintained with restricted access.
Records no longer needed to provide the services offered under the program are periodically destroyed, when allowed by audit policies and state law.
Guidelines: Used Oil Payment Program, OPP1 3 (FY 2022–23) 8
Application Instructions
Application Access
The application is available on CalRecycle’s web-based Local Government Oil Payment Program (LoGOPP) (https://secure.calrecycle.ca.gov/LoGOPP/SignIn) . Access to LoGOPP is secure; therefore, you must have a CalRecycle WebPass to log into the system. Those who have not previously obtained a CalRecycle WebPass can create an account at the CalRecycle WebPass Site (https://secure.calrecycle.ca.gov/WebPass/ ).
After activating your account, you can request LoGOPP access by contacting your Program Advisor (https://www.calrecycle.ca.gov/HomeHazWaste/Grants/Contacts/ ).
To start an application:
1. Log in to LoGOPP (https://secure.calrecycle.c a.gov/LoGOPP/SignIn).
2. Select Applications on the left.
• OPP cycles are displayed in a table.
3. Click the Add Application button on the top right.
4. The application then opens to the Program Requirements tab.
Application Contents and Instructions
The components of the application are divided into tabs . To fill out an application, click on each tab and complete the sections in each tab as required. General directions are on the top of each tab, and detailed information about the requirements for each tab is listed below.
The applicant is responsible for a complete application . This includes signing documents, uploading required documents, and submitting the application by the due date(s). Failure to do so will result in disqualification from the OPP.
Examples of disqualifications may include:
• Applicant does not meet the eligibility requirements . • Applicant fails to use required CalRecycle documents or forms. • Applicant uploads incomplete or blank documents to the Documents tab. • Signature Authority fails to sign Application Certification or any document that requires a signature.
• The online application is incomplete or missing information .
Program Requirements Tab
This tab provides a summary of the application, due dates, program requirement questions, payment options, important links, and the submit application button (once minimum requirements are complete). It is the applicant’s responsibility to ensure that all required documents, based on the individual application/project, are submit ted by the appropriate due date.
Guidelines: Used Oil Payment Program, OPP13 (FY 2022–23) Revised June 7, 2022
9 Contacts Tab
CalRecycle requires the application to have only one Primary Contact and at least one Signature Authority. Contacts will automatically populate based on your previous year’s application, when applicable. You must verify that the contacts are still the same; otherwise, you can add, edit or delete contacts before you submit your application . • Primary Contact. One person who the Signature Authority or their designee has authorized to manage and oversee the program. This person will be the first contact with whom the Program Advisor will communicate. • Signature Authority. The person(s) authorized to sign CalRecycle documents, such as applications, annual reports, etc., as authorized by a board/cou ncil- adopted Resolution or Letter of Designation (if applicable). • Secondary Contact. A person authorized (by the Primary Contact or Signature Authority or their designee) as the alternate person with whom the Program Advisor will communicate. (Not required)
• Consultant. A professional who provides advice in a n area of expertise. If CalRecycle awards a payment to the applicant, the consultants may manage the program or only conduct specific activities, based on a written agreement between the applicant and the consultant outlining work to be performed . (Not required)
Addresses Tab
All applicants are required to enter a physical address and a payment address. There is also an option to enter a mailing address. If more than one address is the same, you may select the appropriate address types and enter the address only once.
Participating Jurisdictions Tab
Only regional applicants or Individual Joint Powers Authorities (JPA) applicants are required to use this tab. Individual applicants that are not JPAs will not use this tab.
Only local governments are eligible as participating jurisdictions in a regional application. Select the name of each eligible participating jurisdiction, or each JPA member participating in the application, and move them to the left.
Documents Tab
When uploading a document, enter a document title, and select the appropriate document type from the drop-down list. Click the “Browse” button to locate the document you wish to upload. Once you have finished, click the “ Save” button. See the Authorizing Documents section below.
After all of the required application documents are uploaded, return to the Program Requirements tab and print the Application Certification. The applicant must obtain a certified e-Signature or wet ink signature from the authorized Signature Authority (identified in your Resolution or Letter of Designation), scan the signed document, upload it to LoGOPP, and retain the original hard copy document for potential CalRecycle audits.
An important OPP12 application approval requirement includes the submittal of the following:
Guidelines: Used Oil Payment Program, OPP13 (FY 2022–23) Revised June 7, 2022
10 1. Submit a completed annual report in LoGOPP (see Timeline and Cycle Activity section for due date) for OPP10 and/or OPP11 by August 15, 2021. If the due date falls on a Saturday or Sunday, the online report must be submitted by the following Monday.
2. Have no outstanding debt(s) owed to CalRecycle.
3. Return any unspent funds from the closed Cycle 10 to CalRecycle by August 15, 2021 (see Unspent Funds section).
An important OPP13 application approval requirement includes the submittal of the following:
1. Submit a completed annual report in LoGOPP (see Timeline and Cycle Activity section for due date) for OPP11 and/or OPP12 by August 15, 2022 . If the due date falls on a Saturday or Sunday, the online report must be submitted by the following Monday.
2. Have no outstanding debt(s) owed to CalRecycle.
3. Return any unspent funds from the closed Cycle 11 to CalRecycle by August 15, 2022 (see Unspent Funds section).
If you have any questions regarding the application contents and instructions , you may call Natalie Gandolfo at (916) 341-6809 or send an e-mail to [email protected]. Technical assistance will be provided until 4:00 p.m. on the application due date.
Application Submittal and Deadline
The Submit Application button will be enabled after the Application Certification has been uploaded.
Click the Submit Application button and the application status will change to Submitted. You can only submit the application once; however, you may upload the following documents until the secondary due date, July 26, 2022: Resolution, Letter of Designation, Letter of Authorization, and JPA Agreements.
You must submit your application no later than 11:59 p.m. on June 28, 2022. Customer service will be available until 4:00 p.m. on the application due date either by emailing [email protected] or calling Natalie Gandolfo at (916) 341-6809.
Guidelines: Used Oil Payment Program, OPP1 3 (FY 2022–23) 11
Application Documents
Electronic and Original Signatures
CalRecycle now allows for certified e -Signature or original wet signature on documents or forms that certify legally binding information.
Note: E-Signatures must include the first and last name of the Signature Authority, be in the Adobe Digital ID format (or in another certified digital signature program ), and cannot be completed using the “Fill and Sign” function within Adobe. Any documents using the “Fill and Sign” function are considered incomplete and may be sent back to the applicant.
Once the document(s) have been signed by the Signature Authority , upload the digitally signed document, or scan the wet signature, and save it to LoGOPP. Retain the original document for potential CalRecycle audits (see Audit, Accounting, and Records Retention section for more information).
If you have questions, email [email protected] .
CalRecycle Documents
Altered or reproduced CalRecycle documents or templates may result in automatic disqualification of your application. Unless a document specifies that it may be reproduced as necessary, do not alter CalRecycle documents.
Below is a list of CalRecycle documents:
Application Certification
The Application Certification is a required application document that must be generate d from LoGOPP.
After you have completed each tab of the application, generate the Application Certification from the Program Requirements tab. Once the Application Certification is signed, upload it to the Documents tab.
Applicant’s Documents
Below is a list of documents that the applicant is responsible for preparing and uploading to their application. Retain the original hard copy documents for potential CalRecycle audits. See Audit, Accounting, and Records Retention section for more information.
Applicant’s Required Authorization Documents
Below is a list of required authorizing documents by application type that the applicant is responsible for preparing and uploading to their application.
Note: For Resolution, Letter of Authorization, and Letter of Designation templates refer to the Resolution and Letter Examples
(https://www.calrecycle.ca.gov/Funding/SampleDocs ) web page. CalRecycle staff are
Guidelines: Used Oil Payment Program, OPP13 (FY 2022–23) Revised June 7, 2022
12 available to answer questions about the Resolution or to review your draft Resolution to ensure it meets the requirements of the program . We strongly encourage applicants to email draft Resolutions for review. If you would like CalRecycle to review your draft Resolution, please email the document in Word format to [email protected], and let us know if your application is a Regional Application or an Individual Application. You may also upload the Resolution to your LoGOPP application as a “Draft Resolution”, but there is no guarantee that CalRecycle will review it prior to the secondary due date when Resolutions are due.
Individual Application Authorization Documents:
If subject to a governing body (excluding Corporations), the applicant must submit a Resolution no later than secondary due date or CalRecycle will deem the application incomplete and disqualify the applicant. The Resolution must:
1. Authorize submittal of an application for one or more specifically named CalRecycle Payment Programs or for all CalRecycle Payment Programs for which the applicant is eligible and currently applying.
2. The Resolution must identify the time period up to and including until rescinded, during which the authorizations are valid.
o “Until rescinded” Resolutions are encouraged; however, specific periods of time are acceptable.
o If a Resolution does not specify a time period, CalRecycle will consider the Resolution valid for one year from the date of adoption .
3. Identify the Signature Authority by listing the job title of the person(s) authorized to sign all payment program-related documents necessary to implement and close-out the project(s).
o (Optional but encouraged) The Resolution should authorize the Signature Authority to delegate their signature authority to another person identified by job title. Applicants can only submit a Letter of Designation if the corresponding Resolution includes designee language.
Note: The Signature Authority must sign a Letter of Designation prior to the designee’s exercise of their authority.
Regional Application Authorization Documents:
Lead Participant
Applicant must submit a Resolution no later than secondary due date or CalRecycle will deem the application incomplete and disqualify the applicant.
The Resolution must:
1. Authorize the submittal of a Regional Application on behalf of itself as Lead Participant and all other Non-Lead Participants for a specifically named CalRecycle payment program.
2. The Resolution must identify the time period up to and including until rescinded, during which the authorizations are valid.
a. “Until rescinded” Resolutions are encouraged; however, specific periods of time are acceptable.
i. A Resolution that is valid for more than 1 year must contain either:
Guidelines: Used Oil Payment Program, OPP13 (FY 2022–23) Revised June 7, 2022
13 1. a list of all potential jurisdictions that may serve as Non -Lead Participants, or
2. a provision that the Signature Authority may alter the list of Non-Lead Participants for each grant cycle
b. If a Resolution does not specify a time period, CalRecycle will consider the Resolution valid for one year from the date of adoption .
3. Identify the Signature Authority by listing the job title of the person(s) authorized to sign all payment program-related documents necessary to implement and close-out the project(s).
a. (Optional but encouraged) The Resolution should authorize the Signature Authority to delegate their signature authority to another person identified by job title. Applicants can only submit a Letter of Designation if the corresponding Resolution includes designee langua ge.
Non-Lead Participant
The Non-Lead Participant prepares the Letter of Authorization (LOA) and gives the Lead-Participant authorization to apply for and to act on its behalf in the implementation and administration of the payment program.
Applicant must submit a Letter of Authorization no later than the secondary due date or CalRecycle will deem the application incomplete and disqualify the applicant.
The LOA must:
1. Be on the Non-Lead Participant’s official letterhead.
2. Specify payment program name.
3. Be valid for as long as the Lead Participant’s Resolution, not to exceed five years; otherwise, the participating entity must date the letter within the last 12 months.
4. Authorize the Lead Participant to submit a Regional Application and act as Lea d Agency on behalf of the Non-Lead Participant.
5. Authorize the Lead Participant to execute all documents necessary to implement the payment program.
6. Be signed by an individual authorized to contractually bind of the Non -Lead Participant.
Joint Powers Authority Agreement
Joint Powers Authorities (JPA) must upload a copy of their JPA Agreements giving them authority to conduct the project, listing all member entities, and containing the signature of all members. CalRecycle does not require Letters of Authorization for JPA applicants. A JPA applicant must still upload a Resolution as a part of their application and list all JPA members in the Participating Jurisdictions tab of their application .
Letter of Designation
CalRecycle requires a Letter of Designation (LOD) only when the Signature Authority identified in the approved Resolution chooses to delegate their signature authority to another person.
Guidelines: Used Oil Payment Program, OPP13 (FY 2022–23) Revised June 7, 2022
14 The approved Resolution must indicate the Signature Authority’s ability to delegate or designate their authority. The applicant must upload the LOD prior to the designee’s exercise of their authority. If the designee signs an application document in place of the Signature Authority, the applicant must upload the LOD with their application.
The LOD must:
1. Be on the applicant’s letterhead.
2. Include the job title of the designee and the scope of the designee’s authority.
3. Include the time period during which the designee may exercise the authority .
4. Be signed by the Signature Authority .
The designee’s authority may not extend beyond the effective date of the approved Resolution. For example, if the Resolution is effective until December 31, 20 23, then the Letter of Designation may not be effective beyond December 31, 20 23. If the letter does not identify a valid time period, the letter will follow the same time frame as the Resolution.
Guidelines: Used Oil Payment Program, OPP1 3 (FY 2022–23) 15
Review and Award Process
Application Review Process
After the close of the application period, CalRecycle staff will review the applications for completeness and eligibility. Only complete applications will be considered for award.
Payment Award Process
For qualifying applications, CalRecycle staff will develop funding recommendations for the consideration and approval of CalRecycle’s Director, or their designee; CalRecycle tentatively schedules this for December 2022.
Payment Award Conditions
When awarded, this payment will be subject to these conditions:
1. The recommended payee must pay all outstanding debts due to CalRecycle, or bring current outstanding payments owed to CalRecycle.
2. The recommended payee must have returned any unspent OPP funds from all closed cycles to CalRecycle by August 15, 202 2.
3. The recommended payee must have submitted a completed Annual Report in LoGOPP for their OPP Cycles by August 15, 202 2. (This does not apply to new program applicants.)
Failure to comply with any of these requirements will void the award.
Notice of Award
Upon approval of annual reports and applications, recipients will be notified by email that an OPP award has been awarded and that they are authorized to incur costs and expend funds in furtherance of their programs. Expenditures incurred prior to the award notice, but after the cycle term start date, are subject to the OPP13 Guidelines, and are incurred at the recipient’s own risk. A listing of the award amounts for all recipients will be posted on the Used Oil Payment Program (OPP) webpage (https://www.calrecycle.ca.gov/usedoil/lgpayments/ ).
Application Revisions
Once approved, the recipient/regional lead is contractually bound to carry out the used oil program in accordance with the OPP Guidelines. The recipient and/or any regional participant that submitted a Letter of Authorization cannot withdraw or amend their application.
Disqualification of Application
CalRecycle will notify an applicant and provide the reasons for disqualification of an application. In such cases, potential applicants are encouraged to contact and work with CalRecycle to ensure that its jurisdiction meets the ne cessary requirements prior to the next application cycle.
Guidelines: Used Oil Payment Program, OPP13 (FY 2022–23) Revised June 7, 2022
16 Term and Payments
The term of the OPP cycle is 24 months (refer to the Timeline and Cycle Activity section for the cycle term dates) and funds must be expended or returned to CalRecycle as described in the Unspent Funds section.
Payments must be placed into an interest-bearing account. Tracking and reporting of interest earned (if any) on the payment is not required. All interest accrued and received from the OPP funds shall be used only for eligible expenses related to the performance of this Agreement.
As part of the application process, a n applicant may request receipt of its annual payment in winter (around January 2023) or in spring 2023 (around April). For CalRecycle to approve the early payment request, all funds from any previous OPP cycles must be spent. Otherwise, the standard spring payment will be issued.
Eligible Costs
All expenditures must be for the purposes of establishing and maintaining a used oil program as set forth in PRC sections 48690–48691
(http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PRC§i onNum=48691).
Eligible costs must be incurred and accrued (if applicable) during the cycle term.
Expenditures
Used oil and used oil filter collection and recycling activ ities, educational activities, and mitigation of used oil in stormwater runoff are statutory components of local used oil collection programs (PRC section 48691). Accordingly, these activities should be the focus of OPP expenditures.
All expenditures are to be reported in LoGOPP for the Annual Report. Eligible expenditures must include invoice details under the Expenditure tab for each cycle.
Expenditures must be paid for before submitting the Annual Report. Jurisdictions are not required to upload the invoices or proof of payment, unless requested by the program advisor.
Expenditures included in the Annual Report for an ending cycle may not be cancelled after the Annual Report is submitted. Cancelation of an ending cycle expenditur e after submitting the Annual Report may impact the jurisdiction’s ability to receive future awards.
The recipient must expend all of the available funds from the oldest OPP cycle prior to spending any funds from the most recent OPP cycle. It is acceptab le to split an invoice across two separate OPP cycles in order to “zero out” all funds in the oldest OPP cycle before using funds from a more recent OPP cycle. Expenditures that are split need to
Guidelines: Used Oil Payment Program, OPP13 (FY 2022–23) Revised June 7, 2022
17 be clearly identified and retained in both cycle files to facilitate review and retention (see the Audits, Accounting, and Records Retention section ).
Expenditures Requiring Approval
Expenditures associated with the tasks or products listed below must be pre -approved by the CalRecycle Program Advisor using the “Expenditure Requests” option in LoGOPP prior to incurring the expense; otherwise, CalRecycle may deny the expense.
The review and approval process of an expenditure request is processed through LoGOPP only. The submitted material should be the final version. Allow at least five working days for a review.
Expenditures that require pre-approval include, but are not limited to:
• Functional items that contain any messages.
• Functional items if the total cost exceeds $25 per person, an individual item that exceeds $12, or an oil filter that exceeds $15. All cost values are before sale tax. • All television, video, radio scripts, social media, and electric/printed material for public display.
• Development, purchase, or distribution of useful educational/promotional materials informing the public about used oil and used oil filter collection and recycling.
o Examples include, but are not limited to, newspaper advertisements, brochures, flyers, utility inserts, booklet, and promotional stickers/labels. • School presentations (submit script and presentation purpose to the Program Advisor for review).
• Surveys (excluding simple surveys that are con ducted at oil filter exchange events/used oil outreach booths).
• Purchase of equipment over $500 (excluding sale tax). • Any construction activity (includes improvements to facility/building(s)/site(s) directly related to used oil).
• Used oil stormwater mitigation activities pursuant to PRC section 48691 (refer to the Stormwater Mitigation section).
• Any item that is not included on the pre -approved list below.
Pre-Approved Expenditures
The following do not require an Expenditure Request for approval:
• Maintenance of a used oil and filter program.
• Curbside used oil and used filter hauling/disposal costs. • Booth rentals for used oil events. Anything less than 100 used oil related requires an Expenditure Request.
• Development, purchase and/or distribution of the following used oil program materials that have a functional purpose associated with an environment al benefit: marine absorbent bilge pads, oil funnels, oil drain containers, oil change rags, new oil filters for exchanges, Ziploc -type filter bags, cardboard creepers, filter wrenches/removers, dirty filter recycling containers, maps of collection centers, and tide charts.
Guidelines: Used Oil Payment Program, OPP13 (FY 2022–23) Revised June 7, 2022
18 o If distributing these items in oil change kits, each kit cannot exceed $25 (excluding sales tax) and each item, whether it is included in the kit or distributed separately, cannot exceed $12 (excluding sales tax).
Reminder: Any messages on these functional items require an Expenditure Request.
• Used oil filter exchange activities for a free replacement oil filter of equal value (shelf price).
o Filters must not exceed $15 (excluding sales tax) and the limit is two filters per household. Vouchers/coupons may be given out for managing and tracking exchanges but must be redeemed on the same date of the event.
The oil filter cost is not counted tow ards the $25 maximum allowed for oil change kits.
• Tablet electronic devices (typically seven inches or more measured diagonally) with a maximum price of $500 (excluding sales tax) and limit of one tablet (exceptions may be approved on a case-by-case basis), used primarily for the purposes of used oil/filter public education or outreach. o Additional costs can be spent on accessories for charging, item protection, and security at events.
• Certified Unified Program Agency (CUPA) or other agency inspec tion fees directly related to establishing and maintaining an effective oil and oil filter collection and recycling program.
• Personal protective equipment (PPE) for used oil /filter collection activities. o Refer to the Occupational Safety and Health Administration (https://www.osha.gov/personal-protective-equipment) for the definition of PPE. All lab fees related to testing oil samples for contamination in used oil tanks.
• Test kits and other equipment related to monitoring contaminants in oil tanks. • Hazardous Waste Operations and Emergency Response (HAZWOPER) 8-hour refresher course approved up to 10 percent of allocation. o If the total cost exceeds the 10 percent threshold, the jurisdiction will need to submit an expenditure request.
• Purchase, rental, and installation costs of portable storage containers or sheds solely for protection of oil related equipment, activities, and/or supplies. • Personnel costs directly related to OPP activities.
o Personnel time should be calculated based on documented actual time spent on OPP-related activities, should be based on the actual salary or hourly wage paid with benefits, and shall not include vacation or sick leave time. Refer to the Personnel Expenditure Summary, CalRecycle 165 form located on the CalRecycle Grant Forms webpage
(https://calrecycle.ca.gov/Funding/Forms/ ).
• Indirect/overhead costs up to 10 percent of the OPP eligible expenditures. • Registration and related travel expenses to attend HHW/Used Oil Conferences/Symposiums (for up to two attendees) and Household Hazardous Information Exchange (HHWIE).
o Staying at a hotel the night before a meeting/event is allowed only if the meeting/event begins at or before 9:00 a.m. the next morning.
Guidelines: Used Oil Payment Program, OPP13 (FY 2022–23) Revised June 7, 2022
19 o Refer to the Memorandum
(https://www.calhr.ca.gov/employees/Pages/travel -reimbursements.aspx ) for travel policies.
o Reimbursement rates are subject to change at any time by the S tate without prior notification. Note: This limitation applies to recipients and consultants/contractors who administer and/or implement a program.
Any eligible costs not listed above require submission of an “Expenditure Request” in LoGOPP for review and approval before spending funds .
Stormwater Mitigation
Since the passage of stormwater related legislation in January 2002, some stormwater mitigation expenditures are considered eligible exp enses through the OPP. To be considered eligible, each jurisdiction must certify that it has a stormwater mitigation program that was approved by its local Region al Water Quality Control Board.
Stormwater mitigation is defined in PRC section 48618.4 to include “…the prevention of stormwater pollution from used oil and oil byproducts and the reduction or alleviation of the effect of stormwater pollution from used oil and oil byproducts by means of action taken on public property.”
Mitigation includes the installation of devices and implementation of practices that prevent used oil and oil byproducts from causing stormwater pollution. Mitigation does not include the cleanup or restoration of polluted areas.
The following types of storm drain filters (inserts/debris screens) are eligible:
• A catch basin inlet insert that contains oil absorbent media plus a debris screen that covers the opening to the storm drain inlet. (The debris screen prevents debris and sediment from entering the storm drain and obstr ucting the oil absorbent media.) • A vertical drop-in parking lot inlet insert that contains oil absorbent media (must be covered by a grate or debris screen).
Note: Periodic clean-out of catch basin inlet inserts to replace their oil-absorbent media are eligible for OPP funding. However, street sweeping and clean -out of catch basin inlets without inserts are not eligible for OPP funding.
The Expenditure Request process is required for any used oil stormwater mitigation, including at marinas and agricultu ral activities.
Ineligible Costs
Any expenditure that does not directly support used oil or used oil filter collection, recycling or educational activities, or mitigation of used oil in stormwater, or expenses not directly related to the recipient’s (or consultant's/contractor's) administration of the OPP are ineligible for funding.
Ineligible costs include, but are not limited to:
• Costs incurred or accrued before July 1, 2022 or after June 30, 2024.
Guidelines: Used Oil Payment Program, OPP13 (FY 2022–23) Revised June 7, 2022
20 • Development, purchase, or distribution of strictly promotional give-away items Stuff We All Get, (SWAG) (https://www.calrecycle.ca.gov/Funding/SWAG/) . o Examples include, but are not limited to , key chains, letter openers, squeegee toys, coffee mugs, water bottles, Frisbees, hats, t -shirts, chip clips, pens, pencils, beanie babies, screwdrivers, coloring books, small recycling containers for pencils, magnets, dried sponges, flash drives , reusable bags, etc.
• Development or customization of school curricula.
o Exceptions may be approved on a case-by-case basis.
• Equipment or services not directly related to used oil activities. • Costs of non-PPE wears/uniforms, cost of dry cleaning, and the use of PPE i s not directly related to the collection of used oil and used oil filters. • Purchase or lease of land or buildings.
• Costs currently covered by or incurred under a ny other loan, grant, or contract. • Remediation activities (any cleanup or restoration of polluted areas). • Purchase of data plans and/or mobile service plans/hotspots. • Costs related to applications or software for computers/mobile devices . • Costs related to website host and web page domain.
• HAZWOPER 40-hour and 24-hour courses.
• Enforcement activities.
• Preparation of Household Hazardous Waste (HHW) elements. • Construction and development of any HHW facility that does not have a used oil or used oil filter collection component.
• Construction and development of any HHW permanent facil ity on non-local government-owned property.
• Any costs for construction projects by charter cities prohibited by Labor Code section 1782.
• Transportation and disposal of non-oil HHW from any facility or event. • Maintenance of equipment, materials, or supplies at HHW facilities or ABOP (antifreeze, battery, oil, and paint) facilities not directly related to the collection of used oil and used oil filters.
• Fines or penalties due to violation of federal, state, or local laws, ordinances, or regulations, including CUPA fines or penalties.
• Personnel costs not directly related to used oil activities. • Food or beverages (e.g., as part of meetings, workshops, or events). • Cell phones.
• Out-of-state travel.
• Travel costs exceeding the state-approved rates for mileage, per diem, lodging, etc.
o Refer to the Memorandum
(https://www.calhr.ca.gov/employees/Pages/travel -reimbursements.aspx ) for travel policies.
o Reimbursement rates are subject to change at any time by the State of California without prior notification.
• Sponsorship or licensing fees for events/programs.
• Audit expenses.
Guidelines: Used Oil Payment Program, OPP13 (FY 2022–23) Revised June 7, 2022
21 • Re-refined oil expenses.
• Non-CalRecycle Used Oil/HHW sponsored conferences, symposiums, meetings, etc.
• Any costs not consistent with local, state, or federal laws, guidelines, and regulations.
• Costs deemed unreasonable or not related to the project by the Program Advisor.
Publicity, Education, and Outreach
Used oil publicity, education, and outreach material must directly relate to the collection and recycling of used oil and/or used oil filters, proper oil disposal practices , and/or the mitigation of used oil in stormwater activities and must be approved through the Expenditure Request process in LoGOPP. The submitted material should be the final version.
The materials must be functional, as discussed in Eligible Costs, encourage behavioral change, or provide an educational opportunity for the public. • To be eligible for 100 percent funding, the publicity, education, and outreach materials must be exclusively devoted to used oil or used oil filter collection and recycling, and/or the mitigation of used oil in stormwater activities. • To be eligible for 75 percent funding, the materials must have at least 75 percent of the text and/or images related to used oil or used oil filter collection and recycling and/or mitigation of used oil in stormwater activities. The balance of materials may be related to other program s or materials. • To be eligible for 50 percent funding, the materials must have at least 50 percent of the text or images related to used oil or used oil filter collection and recycling and/or mitigation of used oil in stormwater activities . The balance of materials may be related to other programs or materials.
• To be eligible for 25 percent funding, the m aterials must have at least 25 percent of the text or images related to used oil or used oil filter collection and recycling and/or mitigation of used oil in stormwater activities. The balance of materials may be related to other programs or materials.
• Materials containing less than 25 percent coverage of used oil/used oil filter collection and recycling, and/or mitigation of used oil in stormwater activities will not be eligible for OPP funding.
Acknowledgement
Recipients are required to acknowledge CalRecycle’s support when activities or projects funded, in whole or in part, are publicized in any news media, social media, webpages, brochures, articles, seminars, or other type of promotional material. Public education and outreach materials must provide:
• The acknowledgement of CalRecycle’s support must incorporate the CalRecycle logo. The text “Funded by” or “Funded in part by” may be u sed in conjunction with the CalRecycle logo, where appropriate. Initials or abbreviations for CalRecycle shall not be used. Use the color logo on any material produced in four or more colors.
Guidelines: Used Oil Payment Program, OPP13 (FY 2022–23) Revised June 7, 2022
22 • The “Used Oil Drop” logo with the words “Recycle Used Oil” or “Recycle Used Oil and Used Oil Filters” as appropriate.
o Use the state colors (blue oil drop on yellow background) for logos on any material produced in four or more colors . (The color designation for professional printing is Yale Blue -Pantone 286C; Golden Yellow-Pantone 123C.)
o The logo is also available in Spanish and Chinese.
• Information on used oil and used oil filter collection and recycling/disposal. • A list of used oil collection centers within the targeted community or a local telephone number or website to obtain further information on local collection centers. (Use the 1-800-CLEANUP number or Earth911 (https://earth911.com/) website if your jurisdiction does not maintain its own 24-hour hotline.) Any use of CalRecycle’s logos should respect the original logo proportions and colors so as not to compromise image quality.
The Program Advisor may approve a deviation from the prescribed language on a case - by-case basis.
Graphics
Graphics are available on our Used Oil Graphics webpage (https://www.calrecycle.ca.gov/UsedOil/Graphics/#Bumper ) and Used Oil and Household Hazardous Waste Graphics webpage
(https://www.calrecycle.ca.gov/HomeHazWaste/outreach) .
For large equipment, a CalRecycle bumper sticker
(http://www.calrecycle.ca.gov/UsedOil/Graphics/#Bumper) “Funded by CalRecycle” is available and is required to be affixed to all large pieces of equipment purchased with OPP funds. These can be requested from your Program Advisor (https://www.calrecycle.ca.gov/HomeHazWaste/Grants/Contacts/ ) when available.
You can also contact your Program Advisor for CalRecycle and oil progr am related graphics.
Certified Collection Center (CCC ) Site Visit Requirements For recipients who administer their used oil program in coordination with a CCC, it is a program requirement that a site visit be made annually to a minimum of one CCC site per 100,000 residents being served by the used oil program. When a site visit is conducted, the jurisdiction needs to complete a Certified Center Site Visit Checklist form (CalRecycle 664). This form may be generated on the Generate Site Visit Checklists webpage (https://www2.calrecycle.ca.gov/UsedOil/Forms/SiteVisit/ ) or found under “Used Oil Recycling” on the CalRecycle forms webpage
(https://www.calrecycle.ca.gov/Funding/Forms). The completed form is to be retained in the cycle file and jurisdictions will report the total number of site visits made by the jurisdiction in the online Annual Report.
Guidelines: Used Oil Payment Program, OPP13 (FY 2022–23) Revised June 7, 2022
23 Annual Reporting
Annual reporting is a statutory requirement for ongoing eligibility for all OPP recipients.
All reported expenditures and eligible costs must be paid for before the submittal of the Annual Report. Recipients must meet CalRecycle’s online reporting requirements. The annual reports for this cycle must be submitted no later than August 15 of each year during performance period. When a due date falls on a Saturday or Sunday, the online report must be submitted by the following Monday. Failure to meet this reporting due date may result in the denial of future funding. An email will be sent to all recipients when the Annual Report is available for reporting in put, completion, and submittal.
Upon completion of the online annual report, the report certification page must be approved and signed by the Signature Authority . The signed annual report certification page is to be uploaded to LoGOPP by the recipient and the original signed hard copy is to be retained in the recipient’s cycle file. If the recipient is unable to upload the signed annual report certification page, they should scan and email or fax it to their Program Advisor for uploading before the due date. Program Advisors will review and approve the submitted reports.
Expenditure Reporting
All eligible expenditures must be reported in the Annual Report through the LoGOPP system. The recipient is required to include information for each invoice under the Expenditures tab for each cycle. If you have multiple expenditures for a vendor with the “same category and type”, you may combine the entry totals for the multiple invoices as one expenditure entry.
Expenditure Reporting Resources
• OPP Expenditure Category Definitions
(https://www2.calrecycle.ca.gov/Docs/Web/117348 )
• Bulk Entries Instructions (https://www2.calrecycle.ca.gov/Docs/Web/117351 ).
These resources may also be found on the LoGOPP
(https://secure.calrecycle.ca.gov/LoGOPP/SignIn.aspx ) homepage under the Help Documents section.
Unspent Funds
Funds that are unspent at the end of the OPP 13 term must be returned by check to CalRecycle by August 15, 2024. Checks should be made payable to the Department of Resources Recycling and Recovery . Checks must contain the OPP number (i.e., OPP13-20-xxxx), specify “OPP Unspent Funds,” and be mailed to:
CalRecycle, Accounting
OPP Unspent Funds
PO Box 4025
Sacramento, CA 95812-4025
Unspent funds due to CalRecycle but left unpaid may result in ineligibility for future OPP funding. If there are questions or other issues related to expenditures, work with your
Guidelines: Used Oil Payment Program, OPP13 (FY 2022–23) Revised June 7, 2022
24 Program Advisor to resolve these issues.
Audit, Accounting, and Records Ret ention
Recipients are responsible and accountable for ensuring that expenditures are appropriate, and that proper internal supporting documentation is maintained to provide clear separate tracking of OPP funds and related transactions for fiscal program management and audit purposes. To ensure full compliance with OPP’s processes and requirements, OPP applicants/recipients must adhere to these Guidelines and the program provisions set out in the Act, notably PRC sections 48674, 48690, and 48691.
Recipients must account for all OPP funds in a manner that provides for clear tracking of expenditures in accordance with generally accepted accounting principles. Proper business procedures dictate that OPP supporting documentation (including, but not limited to, the original signed application certification and annual report summary pages, invoices, payroll registers/logs, travel expense claim forms, proof of pre -approval, etc.) be retained in a single file to facilitate review and retention, as well as maintenan ce of a clear paper/audit trail. Recipients must follow their jurisdiction’s purchasing and/or contracting policies/requirements and ensure the proper and exclusive use of items purchased with OPP funds.
OPP funds are subject to audit. CalRecycle, the D epartment of Finance, the Bureau of State Audits, or their designated representative(s) shall have the right to review and to copy any records and supporting documentation pertaining to the use of OPP funds and shall have the right to interview staff rele vant to the audit. Recipient shall include this provision in all contracts and subcontracts funded in whole or in part from OPP funds.
Examples of documentation subject to audit include, but are not limited to, expenditure ledgers, payroll register entries, time sheets, travel logs, paid warrants, contracts and change orders, samples/pictures of items and materials developed with OPP funds, invoices, receipts, proof of pre-approval, and canceled checks. All such records shall be maintained for possible audit for a minimum of three years after the OPP term end date, or until completion of any action and resolution of all issues, which may arise as a result of any litigation, dispute, or audit, whichever is later.
Audit findings against recipients can resul t in the need for reimbursement of OPP funds, and/or ineligibility for future OPP funds.
Real and Personal Property Acquired with OPP Funds
(a) All real and personal property, including equipment and supplies, acquired with OPP funds shall be used by the recipient only for the purposes for which CalRecycle approved their acquisition for so long as such property is needed for such purposes, regardless of whether the recipient continues to receive OPP funds from CalRecycle for such purposes. In no event shall the length of time during which such property, including equipment and supplies, acquired with OPP funds and used for the purpose for which CalRecycle approved its acquisition, be less than five (5) years after the end
Guidelines: Used Oil Payment Program, OPP13 (FY 2022–23) Revised June 7, 2022
25 of the performance period, during which time the acquired property, including equipment and supplies, must remain in the State of California.
(b) Subject to the obligations and conditions set forth in this section, title to all real and personal property acquired with OPP funds, includin g all equipment and supplies, shall vest upon acquisition in the recipient. The recipient may be required to execute all documents required to provide CalRecycle with a security interest in any real or personal property, including equipment and supplies, and it shall be a condition of receiving this payment program that CalRecycle shall be in first priority position with respect to the security interest on any such property acquired with the OPP funds, unless pre-approved in writing by the Program Advisor that CalRecycle will accept a lower priority position with respect to the security interest on the property. Recipient shall inform any lender(s) from whom it is acquiring additional funding to complete the property purchase of this payment program conditi on.
(c) The recipient may not transfer Title to any real or personal property, including equipment and supplies, acquired with OPP funds to any other entity without the express authorization of CalRecycle.
(d) CalRecycle will not reimburse the recipien t for the acquisition of equipment that was previously purchased with CalRecycle OPP funds, unless the acquisition of such equipment with OPP funds is pre-approved in writing by the Program Advisor. In the event of a question concerning the eligibility of equipment for program funding, the burden will be on the recipient to establish the pedigree of the equipment.
Discretionary Termination
The Director of CalRecycle or his/her designee shall have the right to terminate this Agreement at his/her sole discretion at any time upon thirty (30) days written notice to the Recipient. Within forty-five (45) days of receipt of written notice, the recipient is required to:
1. Submit a final written report to the appropriate Program Advisor describing all work performed by the recipient and provide an accounting of all funds expended up to and including the date of termination; and,
2. Reimburse CalRecycle any unspent funds.
Termination for Cause
In the event the recipient fails to comply with the requirements of these Guidelines at the time and in the manner herein provided, CalRecycle ma y terminate the OPP Agreement.
Recipients are encouraged to discuss any problems they may have in complying with these Guidelines with their Program Advisor to determine if CalRecycle can be of assistance.
Guidelines: Used Oil Payment Program, OPP13 (FY 2022–23) Revised June 7, 2022
26 Indemnity
Recipient agrees to indemnify, defend , and save harmless the state and CalRecycle, and their officers, agents, and employees from any and all claims and/or losses accruing or resulting from the performance of OPP.
Compliance
Recipient shall comply fully with all applicable federal, state, and local laws, ordinances, regulations, and permits.
Attachment C
Item Number: 4
City Council / Board of Directors
Consent Calendar
Meeting of: May 2, 2023
Submitted By:
Doug Mathews, Director of Public Works and Water
Subject:
Public Works O&M Statistics for the Third Quarter of Fiscal Year 2023 Recommendation:
That the Honorable Victorville City Council review and file.
Fiscal Impact:
There is no fiscal impact associated with this action.
Strategic Plan Goal:
This item aligns with Goal E of the Strategic Plan, Invest in Infrastructure. The various divisions of Public Works assist with creating a healthy and livable community by maintaining the City’s assets through investment in infrastructure and innovations.
Discussion:
The City of Victorville Public Works Department serves both residential and commercial customers, with a staff of 102 personnel. Department staff will be providing quarterly updates as a means to present key departmental activities, pertinent highlights, and operational performance indicators.
Staff remains available for any questions the Council may have.
Attachments: A. Public Works FY2023 Q3 Quarterly Update Attachment A
Q3 FY 22/23: January 1, 2023 to March 31, 2023
QUARTERLY O&M STATISTICS
CITY OF VICTORVILLE – PUBLIC WORKS
Asphalt
5,642 - Potholes repaired
16,680 - Cracks sealed (linear feet)
Concrete
44 - Cubic yards poured
32 - Locations repaired
Graffiti
80,174 - Graffiti sq. ft. covered
7 53 - # of Graffiti locations
187 - Gallons of paint used
Right-of-Way
1,584 - Catch basins cleaned
29 - Drainage channels cleaned
13 - Shoulders graded (miles)
Fleet System Inspections
4 - Emissions System
47 - Safety Inspection
148 - Oil/Filter Change
47 - CAL “BIT” Compliance
19 - Transmission Service
298 - Work Orders completed
Fleet Vehicle Repair
49 - AC/Heater repairs
268 - Brakes and Tires replaced
106 - Electrical Systems repaired
903 - Work Orders completed
Assessment Districts
(City crews)
40 - Irrigation leak repairs
1 - Miles trimmed
4 - Service requests Sewer Mains
39 - Cleaned (miles)
17 - Camera inspected (miles)
6 - Sewer lateral repair projects
Street Sweeping
379 - Debris collected (tons)
60 - Debris recycled (tons)
3,237 - Miles swept
Signals & Street
Lighting
53 - Signals repaired
101 - Signals maintained
6 - Street lights repaired
Signage & Striping
6 - Gallons of paint used
0 - Miles of striping
2,285 - Signs maintained
191 - Signs fabricated
Q3 FY 22/23
It is the mission of the Public Works Department to be an integral part of our community by improving the quality of life by maintaining the City’s infrastructure. This is accomplished through a team of 102 dedicated public works professionals who provide superior customer assistance with timely, efficient, and effective delivery of public services. These core elements reflect the Department's ongoing commitment to preserving and enhancing the quality of life in the City of Victorville. This professional staff is led by the Director of Public Works and Water, two Assistant Directors, four Managers, and an administrative staff to organize the delivery of these services. Below are brief descriptions of each division to help you understand their functions.
Fleet Division (19 Employees)
The Fleet Division is responsible for the maintenance, repair, and replacement of City vehicles and heavy equipment assigned to the City’s Fleet Division, including Fire Department apparatus and equipment, in addition to the Police Department’s vehicles and equipment. Over 900 vehicles and equipment are maintained using preventative maintenance schedules to extend the life of the vehicles and equipment and to improve performance and safety levels. Additionally, they maintain two Compressed Natural Gas (CNG) stations, used by City vehicles and available for public use, located at D Street and McArt Road. Annually, approximately 5,000 work orders are generated requiring over 15,000 labor hours to complete.
Street Maintenance Division (28 employees)
The Street Maintenance Division provides maintenance and repair of over 400 miles of paved roads with asphalt repairs including pothole repairing and crack sealing; concrete repairs including installing and repairing of sidewalks, curb & gutters, and handicap ramps; and cleaning of bus shelters, weed abatement and graffiti removal throughout the City. Additionally, this Division is responsible for the maintenance and repair of City dedicated open spaces including the Veteran’s Memorial, the Riverwalk, and the Seventh Street islands.
Traffic Maintenance Division (13 employees)
The Traffic Maintenance Division is responsible for the preventative maintenance and repair of 95 signalized intersections, including approximately 1,500 signal heads, throughout the City. In addition, this division also maintains public street markings like directional arrows and STOP bars in the streets, lane striping, crosswalk and curb painting, and the repairing and maintenance of delineators and other traffic control devices.
Right of Way Division (10 employees)
The Right of Way (ROW) Division is responsible for the maintenance and grading of approximately 370 miles of shoulders within the City right of way areas that do not currently have curbs and gutters by addressing roughly 65 miles annually, or as needed. Additionally, staff maintains the storm drain system with removal of sediment and debris from catch basins and channels across 68 miles of mainline. Daily street sweeping is performed to address approximately 700 miles annually, collecting up to 2,000 tons of debris.
CITY OF VICTORVILLE – PUBLIC WORKS DEPARTMENT
Assessment District Division (3 employees)
The assessment districts consist of 13 unique areas with special benefit improvements pursuant to the Landscape and Lighting Act of 1972 of the California Streets and Highways Code. These districts are split in 3 sections with the landscaping maintenance assessment (LMAD) responsible for 8 districts requiring landscape maintenance, the drainage facility assessment (DFAD) responsible for 3 districts requiring storm water management maintenance, and the community-funded parks maintenance assessment (MAD) responsible for 2 districts providing repairs and maintenance as needed. Maintenance performed within these districts include shrubbery and trees, irrigation systems, and perimeter walls and curbing across over 4 million square feet of area combined. To address the varying seasonal fluctuations across the district, this division also administers a contract that supplements the needs of all 13 assessment districts.
Sanitary Division (14 employees)
The Sanitary Division is responsible for the maintenance of the sanitary sewer collection system. This system has approximately 430 miles of sewer mainline and over 27,000 service connections. Daily tasks include flushing the sanitary sewer mainline and laterals, camera inspection of the sewer system, and responding to sanitary overflows to provide clean up and documentation.
Environment Programs Division (15 Employees)
The Environmental Programs Division provides for solid waste and recycling services by administering contracts for solid waste and recycling collection, solid waste disposal, recycling processing, organic material processing, household hazardous waste center staffing, and household hazardous waste disposal. Additionally, this division ensures the City’s compliance with State recycling mandates, including AB 939 (50% recycling), AB 341 and AB 1826 (Mandatory Commercial Recycling and Organics Recycling), and SB 1383 (Mandatory Organics Recycling).
The Division is also responsible for educating the public, businesses, multi-family housing complexes, and schools regarding recycling, organics recycling, backyard composting, household hazardous waste, #DumpItRightVV programs, and other cleanup programs in Victorville by staffing outreach/education booths at public events including the Fall Festival, Spring Egg Hunt, the Home and Garden Show at the Fairgrounds and other community events. Division staff assists Billing and Customer Service Divisions with field research, vacancy checks, and property owner verifications while also monitoring and checking all properties to ensure that all occupied premises in the City are signed up for solid waste/recycling service. The Illegal Dump Cleanup crew responds to reports of illegal dumping and proactively patrols areas known for illegal dumping while also cleaning up abandoned homeless encampments and boarding up vacant/nuisance buildings in response to requests from Code Enforcement Department. This Division also administers the Adopt-A-Street and Community Clean-Up Day programs.
Revised October 2022
Graffiti Hotline: (760) 261- 2222 Service Calls (760) 241- 6365 Administration (760) 955- 5200 City of Victorville
Public Works Department
VictorvilleCA.gov/PublicWorks
Item Number: 5
City Council / Board of Directors
Consent Calendar
Meeting of: May 2, 2023
Submitted By:
Brian Gengler, City Engineer
Subject:
Partial Securities Release for Case No. EWTR21-00264
Recommendation:
That the Honorable City Council:
(1) Approve an 80-percent release of the Water Faithful Performance Securities for case EWTR21-00264; and
(2) Accept the water improvements.
Fiscal Impact:
There is no fiscal impact associate with this item.
Strategic Plan Goal:
This item aligns with Goal E, Strategy 1 in the Strategic Plan, “Invest in Infrastructure” and “Implement the City’s Capital Improvement Program to meet community needs.” Although this is not a Capital Improvement Project, we apply the same strategy to private development projects as they are essential in meeting the community’s needs.
Background:
Case No. EWTR21-00264 is a scattered single family residential home located within the San Bernardino County jurisdiction and the Victorville Water District. The developer, Zab, LLC, was required to install 664 linear feet water main extension on Sunset Road for the Victorville Water District to provide water services. As a public improvement, the developer is to provide securities for the water improvements.
Discussion:
The developer has completed the water improvements and has passed all inspections.
At this time, an 80-percent release of the Faithful Performance securities is recommended and that the Water District accepts and maintains the water improvements. Per Victorville Municipal Code Section 17.64.070(4), the remaining 20-percent of the Faithful 3 0
8 7
Performance securities are to be held for a one-year warranty period and the Labor & Materials securities will be held for a 6-month warranty period.
Staff is available to answer any questions Council may have.
Attachments: A. Vicinity Map
B. Security Tables
C. Existing Securities
Attachment A
Vicinity Map
Attachment B
Security Tables
Security Tables
Developer:
Zab, LLC
16502 Walnut St., #C
Hesperia, CA 92345
Faithful Performance Security
Water Improvements – 72453378
Labor & Materials Security
Water Improvements – 72453378
Amount of ORIGINAL Security: $64,835.00 Amount of ORIGINAL Security: $32,418.00 Amount of Security CURRENTLY: $64,835.00 Amount of Security CURRENTLY: $32,418.00 Amount of Security being REDUCED: $51,868.00 Amount of Security being REDUCED: $0.00 Amount of Security REMAINING: $12,967.00 Amount of Security REMAINING: $32,418.00
Attachment C
Existing Securities
Item Number: 6
City Council / Board of Directors
Consent Calendar
Meeting of: May 2, 2023
Submitted By:
John Mendiola, Finance Director / City Treasurer
Subject:
Quarterly Investment Report as of March 31, 2023
Recommendation:
That the City Council/Board of Directors receive and file the attached Quarterly Investment Report as of March 31, 2023.
Fiscal Impact:
There is no fiscal impact associated with this item. This is a report of cash and investments held by the City to be provided quarterly to the City Council/Board of Directors to receive and file.
Strategic Plan Goal:
Goal A. Financial Sustainability - Foster fiscal health through disciplined long-term planning by adhering to our three (3) investment policy criteria: safety, liquidity, and yield.
Background:
The City Treasurer is to provide the City Council/Board of Directors a quarterly report of investments, as stated in California Government Code Section 53646.
Discussion:
In accordance with the City’s Investment Policy and California Government Code Section 53646, the City Treasurer shall prepare a Quarterly Investment Report, with interim reports as may be requested by the City Council/Board of Directors or deemed as appropriate by the City Treasurer. This report shall include a management summary that provides a status of the current investment portfolios.
Below is a summary of the City’s investment performance for the previous five fiscal years, the average yield of the previous five fiscal years, and the average yield for the current fiscal year as of the current quarter. A large portion of the City’s funds are held in 3 0
8 8
Local Agency Investment Fund (LAIF) accounts and are classified as cash since the City can access these funds at any time. The majority of the funds held in the Trustee Accounts are reserve funds for the City’s bond issuances and are required to be held with the trustee until the bond’s final maturity date. The detail of these investments can be found in the Quarterly Investment Reports. Staff is available to answer any questions the City Council/Board of Directors may have.
Average Annual Yield: Past 5 Fiscal Years, 5-Year Avg, and Current Fiscal Year Avg
Fiscal Year:
Investment Type
2017/18 2018/19 2019/20 2020/21 2021/22
5-Year
Avg
Current
FY Avg
LAIF/Bank Accounts
(Cash) 1.24% 2.10% 1.71% 0.54% 0.34% 1.19% 3.01%
Trustee Accounts
(Bond Reserve
Funds)
1.37% 2.14% 0.85% 0.13% 0.48% 0.99% 3.87%
Attachments: A. Quarterly Investment Report as of March 31, 2023
Attachment A
Quarterly Investment Report
as of March 31, 2023
Item Number: 7
City Council / Board of Directors
Consent Calendar
Meeting of: May 2, 2023
Submitted By:
John Mendiola, Finance Director / City Treasurer
Subject:
Commercial Demand Schedule No. 20
Recommendation:
That the City Council and Board of Directors ratify Commercial Demand Schedule No. 20 in the amount of $8,698,154.38, covering Electronic Fund Transfers No. 334348 through 334493 and Warrant No. 789959 through 790142 for 04/06/2023 through 04/19/2023, per the adopted budget for Fiscal Year 2022-2023 for the period covering July 1, 2022 through June 30, 2023.
Fiscal Impact:
The total fiscal impact for FY22-23 in the amount of $8,698,154.38 is authorized with this action. The attached report details the total funds paid to vendors.
Background:
Pursuant to the City’s Municipal Code (2.24.080) the attached demands were presented by the departments, audited by the Finance Department and subsequent warrants/wire transfers were issued. All were found to be in conformity to City policies and procedures and funds were budgeted or available to pay said demands. List of commercial warrants and wire transfers are now being presented to Council for approval.
Attachments: A. Commercial Demand Schedule No. 20 Check Register Summary ATTACHMENT A:
Commercial Demand Schedule No. 20 Check Register Summary
CITY OF VICTORVILLE
Report generated: 04/19/2023 11:53 Page 1User:
Program ID:
emesa
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
334348 04/12/2023 EFT 014856 AGRI-CON HYDRAULICS 496.21 334349 04/12/2023 EFT 000104 DANTIN ENTERPRISES, INC. 1,000.00 334350 04/12/2023 EFT 000165 ANIMAL EMERGENCY CLINIC 1,058.00 334351 04/12/2023 EFT 021548 BASE HILL, INC. 4,600.00
334352 04/12/2023 EFT 000297 BECK OIL, INC. 42,563.35
334353 04/12/2023 EFT 003245 CALIFORNIA DEPARTMENT OF 245.00 334354 04/12/2023 EFT 014820 CAL-STATE AUTO PARTS 649.79 334355 04/12/2023 EFT 016335 CHARTER COMMUNICATION HOL 18,386.42 334356 04/12/2023 EFT 015486 CONSOLIDATED ELECTRICAL D 479.95 334357 04/12/2023 EFT 021826 CONSTELLATION ENERGY CORP 262,307.00 334358 04/12/2023 EFT 021664 DOOR AND WINDOW GUARD, IN 532.88 334359 04/12/2023 EFT 010282 DELTA DENTAL INSURANCE CO 3,915.40 334360 04/12/2023 EFT 009492 DELTA DENTAL OF CALIFORNI 32,082.03 334361 04/12/2023 EFT 012505 DESERT ENVIRONMENTAL SERV 23,794.72 334362 04/12/2023 EFT 022345 DIAMOND ENVIRONMENTAL SER 482.21 334363 04/12/2023 EFT 000826 DUNN-EDWARDS CORPORATION 1,579.25 334364 04/12/2023 EFT 012458 EDWARDS, BRETT 7,500.00
334365 04/12/2023 EFT 015760 FASTENAL COMPANY 856.62
334366 04/12/2023 EFT 011206 FLYERS ENERGY LLC 734.51
334367 04/12/2023 EFT 000975 FRANKLIN TRUCK PARTS, INC 1,660.49 334368 04/12/2023 EFT 015874 FRIENDS OF THE VICTORVILL 1,717.77 334369 04/12/2023 EFT 016134 FRONTIER COMMUNICATIONS C 295.66 334370 04/12/2023 EFT 003960 CENGAGE LEARNING, INC. 54.41 334371 04/12/2023 EFT 001740 G.A. OSBORNE PIPE-SUPPLY 2,873.95 334372 04/12/2023 EFT 001063 GOODYEAR TIRE & RUBBER CO 2,066.99 334373 04/12/2023 EFT 001076 GRAINGER 6,729.25
334374 04/12/2023 EFT 016317 GREATER HOPE FOUNDATION F 125.00 334375 04/12/2023 EFT 018938 HARRIS & ASSOCIATES, INC. 10,005.00 334376 04/12/2023 EFT 025408 THE HARTFORD - PRIORITY A 44,294.19 334377 04/12/2023 EFT 000278 HI DESERT ALARM 114.45
334378 04/12/2023 EFT 008848 HI DESERT FIRE PROTECTION 1,529.92 334379 04/12/2023 EFT 014969 LOS ANGELES TRUCK, LLC 41.64 334380 04/12/2023 EFT 018048 INDUSTRIAL CLERICAL RECRU 5,349.10 334381 04/12/2023 EFT 001282 INLAND KENWORTH, INC. 4,165.99 334382 04/12/2023 EFT 000226 LARRY WALKER ASSOCIATES, 456.75 334383 04/12/2023 EFT 004986 LESLIE'S SWIMMING POOL SU 284.72 334384 04/12/2023 EFT 017743 PULICE, SAMUEL A. 253.65
334385 04/12/2023 EFT 016352 MONTGOMERY, ROGER 75.00
334386 04/12/2023 EFT 008568 NBS GOVERNMENT FINANCE GR 387.50 334387 04/12/2023 EFT 028462 NINYO & MOORE GEOTECHNICA 7,893.14 334388 04/12/2023 EFT 001789 PARKHOUSE TIRE, INC. 140.24 334389 04/12/2023 EFT 002992 PUBLIC ENTITY RISK MANAGE 464,784.25 334390 04/12/2023 EFT 001886 PRUDENTIAL OVERALL SUPPLY 421.80 334391 04/12/2023 EFT 011150 PSA PRINTING & MAILING SE 1,729.40 334392 04/12/2023 EFT 000319 R&R INDUSTRIES, INC. 1,047.25 334393 04/12/2023 EFT 018886 RDO EQUIPMENT CO. 1,437.50 334394 04/12/2023 EFT 020678 UNITED SAFETY SERVICES 169.70 334395 04/12/2023 EFT 008057 SELECTRON TECHNOLOGIES, I 22,185.00 334396 04/12/2023 EFT 014499 SOUTHERN CALIFORNIA FLEET 715.00 334397 04/12/2023 EFT 001153 DS SERVICES OF AMERICA, I 118.98 334398 04/12/2023 EFT 010553 SPOK, INC. 12.18
334399 04/12/2023 EFT 012798 PRO SALES GROUP 745.57
CITY OF VICTORVILLE
Report generated: 04/19/2023 11:53 Page 2User:
Program ID:
emesa
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
334400 04/12/2023 EFT 018368 TARGETSOLUTIONS LEARNING, 504.33 334401 04/12/2023 EFT 019341 MARTIN, ARMANDO JR. 2,000.00 334402 04/12/2023 EFT 017269 TOWN & COUNTRY TIRE INC 180.00 334403 04/12/2023 EFT 001169 AUTO PARTS DIRECT LLC 280.35 334404 04/12/2023 EFT 002419 UNDERGROUND SERVICE ALERT 888.57 334405 04/12/2023 EFT 014536 UNITED SITE SERVICES OF C 2,957.85 334407 04/12/2023 EFT 013356 VALLEYWIDE NEWSPAPERS LLC 56.00 334408 04/12/2023 EFT 015079 VERIZON WIRELESS SERVICES 5,168.73 334409 04/12/2023 EFT 020762 OREMOR OF VICTORVILLE, LL 95.54 334410 04/12/2023 EFT 008430 CALMAT COMPANY 5,097.38
334411 04/12/2023 EFT 002481 VICTOR VALLEY ANIMAL PROT 100.00 334412 04/12/2023 EFT 011361 WALTERS WHOLESALE ELECTRI 165.90 334413 04/12/2023 EFT 002554 WAXIE SANITARY SUPPLY 5,123.31 334414 04/12/2023 EFT 022033 WOODARD & CURRAN, INC. 47,450.00 334415 04/12/2023 EFT 018845 Z GLOBAL INC. 27,878.42
334416 04/19/2023 EFT 014856 AGRI-CON HYDRAULICS 488.62 334417 04/19/2023 EFT 010826 AIR EXPRESSWAY TOWING, IN 65.00 334418 04/19/2023 EFT 000104 DANTIN ENTERPRISES, INC. 1,800.00 334419 04/19/2023 EFT 001646 ALLSTAR FIRE EQUIPMENT 54,886.13 334420 04/19/2023 EFT 014085 ANGELES CONTRACTOR, INC 2,313,118.39 334421 04/19/2023 EFT 007650 BAKER & TAYLOR, INC. 347.09 334422 04/19/2023 EFT 015877 BOOT BARN, INC. 4,886.59
334423 04/19/2023 EFT 002720 CALIFORNIA TOOL & WELDING 1,014.99 334424 04/19/2023 EFT 014820 CAL-STATE AUTO PARTS 650.13 334425 04/19/2023 EFT 028287 CASTELLON, STEPHANIE 75.00 334426 04/19/2023 EFT 015486 CONSOLIDATED ELECTRICAL D 812.91 334427 04/19/2023 EFT 012800 DKF SOLUTIONS GROUP, LLC 3,675.00 334428 04/19/2023 EFT 005295 DOKKEN ENGINEERING 12,395.24 334429 04/19/2023 EFT 028115 D'S BOOTERY 225.00
334430 04/19/2023 EFT 015760 FASTENAL COMPANY 117.90
334431 04/19/2023 EFT 017560 WOLSELEY INVESTMENTS, INC 73.98 334432 04/19/2023 EFT 016767 KALMIKOV ENTERPRISES, INC 163.10 334433 04/19/2023 EFT 021251 FLEET SERVICES, INC. 798.24 334434 04/19/2023 EFT 018275 FRANZ BOLOWICH D.O., INC. 3,250.00 334435 04/19/2023 EFT 016134 FRONTIER COMMUNICATIONS C 390.31 334436 04/19/2023 EFT 003960 CENGAGE LEARNING, INC. 109.25 334437 04/19/2023 EFT 001063 GOODYEAR TIRE & RUBBER CO 741.30 334438 04/19/2023 EFT 001076 GRAINGER 1,356.10
334439 04/19/2023 EFT 003047 GRAVES & KING LLP 6,807.29 334440 04/19/2023 EFT 016317 GREATER HOPE FOUNDATION F 4,580.00 334441 04/19/2023 EFT 007081 SGM, INC. 38,570.53
334442 04/19/2023 EFT 018938 HARRIS & ASSOCIATES, INC. 11,244.00 334443 04/19/2023 EFT 017752 HATTRIX INC. 639.87
334444 04/19/2023 EFT 002809 HIGH DESERT HOMELESS SERV 7,328.75 334445 04/19/2023 EFT 028225 HESPERIA OUTDOOR POWER EQ 2,230.37 334446 04/19/2023 EFT 000278 HI DESERT ALARM 722.72
334447 04/19/2023 EFT 021594 HERITAGE LANDSCAPE SUPPLY 3,082.09 334448 04/19/2023 EFT 024922 INFOSEND, INC 3,708.98
334449 04/19/2023 EFT 004263 INLAND MEDIATION BOARD 4,425.65 334450 04/19/2023 EFT 004986 LESLIE'S SWIMMING POOL SU 365.17 334451 04/19/2023 EFT 020477 LIFE-ASSIST, INC. 562.94
334452 04/19/2023 EFT 001548 MCMASTER-CARR SUPPLY CO. 513.40
CITY OF VICTORVILLE
Report generated: 04/19/2023 11:53 Page 3User:
Program ID:
emesa
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
334453 04/19/2023 EFT 022565 MIDWEST TAPE, LLC 123.92
334454 04/19/2023 EFT 017743 PULICE, SAMUEL A. 151.78
334455 04/19/2023 EFT 001603 MOJAVE WATER AGENCY 40,350.00 334456 04/19/2023 EFT 005602 MONTGOMERY HARDWARE CO. 132.66 334457 04/19/2023 EFT 016352 MONTGOMERY, ROGER 200.00
334458 04/19/2023 EFT 013274 MOSES HOUSE MINISTRIES 4,736.25 334459 04/19/2023 EFT 016376 SHEPARD, MARSHALL 15,000.00 334460 04/19/2023 EFT 008568 NBS GOVERNMENT FINANCE GR 1,020.00 334461 04/19/2023 EFT 028462 NINYO & MOORE GEOTECHNICA 1,487.50 334462 04/19/2023 EFT 018621 NTTAMERICA SOUTIONS, INC 3,391.83 334463 04/19/2023 EFT 003523 ODYSSEY POWER CORPORATION 9,903.86 334464 04/19/2023 EFT 007006 PARTNERS AGAINST VIOLANCE 4,750.66 334465 04/19/2023 EFT 013165 PETE'S ROAD SERVICE 1,648.87 334466 04/19/2023 EFT 017106 POUVARANUKOAH, KRIS 276.63 334467 04/19/2023 EFT 001886 PRUDENTIAL OVERALL SUPPLY 507.52 334468 04/19/2023 EFT 024930 REFRIGERATION SUPPLIES DI 49.46 334469 04/19/2023 EFT 020941 REWARD STRATEGY GROUP, IN 30,700.00 334470 04/19/2023 EFT 016328 RIVERSIDE CONSTRUCTION CO 930,143.17 334471 04/19/2023 EFT 021385 ROMTEC UTILITIES, INC. 59,045.00 334472 04/19/2023 EFT 017604 SAFELITE FULFILLMENT, INC 150.22 334473 04/19/2023 EFT 002063 SBC FIRE DEPARTMENT 39,059.59 334474 04/19/2023 EFT 017661 SCHARDIJN, LISA 675.00
334475 04/19/2023 EFT 015670 SCORPION FIRE PROTECTION, 7,507.50 334476 04/19/2023 EFT 010047 SHELL ENERGY NORTH AMERIC 300,404.00 334477 04/19/2023 EFT 021434 SOUTH COAST, LLC 1,220.94
334478 04/19/2023 EFT 017269 TOWN & COUNTRY TIRE INC 707.08 334479 04/19/2023 EFT 002419 UNDERGROUND SERVICE ALERT 55.50 334480 04/19/2023 EFT 014536 UNITED SITE SERVICES OF C 3,113.25 334481 04/19/2023 EFT 015095 WHITTINGSLOW, EDWARD 4,213.90 334482 04/19/2023 EFT 015079 VERIZON WIRELESS SERVICES 27,126.34 334483 04/19/2023 EFT 013107 VICTOR VALLEY COMMUNITY S 1,229.96 334484 04/19/2023 EFT 008430 CALMAT COMPANY 783.20
334485 04/19/2023 EFT 002505 VICTORVILLE DISPOSAL, INC 1,022,764.89 334486 04/19/2023 EFT 002782 VICTOR VALLEY DOMESTIC VI 10,995.00 334487 04/19/2023 EFT 002498 VICTOR VALLEY WASTEWATER 45,854.20 334488 04/19/2023 EFT 002554 WAXIE SANITARY SUPPLY 399.89 334490 04/19/2023 EFT 021844 WILLDAN FINANCIAL SERVICE 2,650.00 334491 04/19/2023 EFT 009637 WSP USA, INC. 1,487.59
334492 04/19/2023 EFT 018845 Z GLOBAL INC. 26,284.00
334493 04/19/2023 EFT 002651 ZUMAR INDUSTRIES, INC. 1,597.96 789959 04/12/2023 PRINTED 022049 ACCURATE INFORMATICS, INC 1,299.00 789960 04/12/2023 PRINTED 018080 ADVERTISING MAGIC, INC. 5,280.75 789961 04/12/2023 PRINTED 018004 AFLAC PREMIUM HOLDING 1,851.40 789962 04/12/2023 PRINTED 000174 APEX RENTAL 28.82
789963 04/12/2023 PRINTED 017680 AUTOZONE, INC. 5.43
789964 04/12/2023 PRINTED 000290 BATTERY MART OF APPLE VAL 2,027.96 789965 04/12/2023 PRINTED 010670 BLUE SHIELD OF CALIFORNIA 9,667.62 789966 04/12/2023 PRINTED 022040 BUNSE, RONNIE JR. L. 3,200.00 789967 04/12/2023 PRINTED 000380 BURRTEC WASTE INDUSTRIES 27,554.95 789968 04/12/2023 PRINTED 003158 CALED 100.00
789969 04/12/2023 PRINTED 000787 DEPARTMENT OF CONSERVATIO 8,976.26 789970 04/12/2023 PRINTED 000787 STATE OF CALIFORNIA 3,461.64
CITY OF VICTORVILLE
Report generated: 04/19/2023 11:53 Page 4User:
Program ID:
emesa
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
789971 04/12/2023 PRINTED 021909 CANDELARIA, RUBEN P 108.74 789972 04/12/2023 PRINTED 001162 HI-DESERT COMMUNICATIONS 380.00 789973 04/12/2023 PRINTED 000618 CDW GOVERNMENT, INC. 19,859.00 789974 04/12/2023 PRINTED 029856 CELLEBRITE USA, INC. 310.00 789975 04/12/2023 PRINTED 019955 CLIFTONLARSONALLEN LLP 19,600.00 789976 04/12/2023 PRINTED 021496 DG INVESTMENT INTERMEDIAT 2,396.25 789977 04/12/2023 PRINTED 021383 CROSS CONNECTIONS EMERGEN 22,461.24 789978 04/12/2023 PRINTED 020448 D'ALESIO, DEAN 23.08
789979 04/12/2023 PRINTED 006348 DAILY JOURNAL CORPORATION 602.27 789980 04/12/2023 PRINTED 021858 DAVIS, LONNIE 130.04
789981 04/12/2023 PRINTED 018020 DIXON PEST CONTROL, INC. 381.41 789982 04/12/2023 PRINTED 020291 DUCKHORN, ERIN 180.00
789983 04/12/2023 PRINTED 002607 FAUST MEDIA SERVICES, LLC 4,876.15 789984 04/12/2023 PRINTED 004581 FLEETPRIDE 294.47
789985 04/12/2023 PRINTED 011371 GARDA CL NORTHWEST, INC. 2,829.90 789986 04/12/2023 PRINTED 021440 GATEHOUSE MEDIA CALIFORNI 395.09 789987 04/12/2023 PRINTED 020022 THE GREATER HIGH DESERT C 897.19 789988 04/12/2023 PRINTED 999980 HOLGUIN, LUIS 200.00
789989 04/12/2023 PRINTED 025408 THE HARTFORD - PRIORITY A 806.76 789990 04/12/2023 PRINTED 027317 INDUSTRIAL MEDICAL SERVIC 8,700.00 789991 04/12/2023 PRINTED 020667 CONDON, JOSEPH 61,227.50 789992 04/12/2023 PRINTED 021689 THINKNETIC MEDICAL CORPOR 495.00 789993 04/12/2023 PRINTED 016932 OMEGA FIRE, INC. 390.81 789994 04/12/2023 PRINTED 015232 LOGICALIS, INC 343,295.91 789995 04/12/2023 PRINTED 002919 LONGORIA, STEPHAN 103.53 789996 04/12/2023 PRINTED 013784 LOPEZ, MARIO JR. 10.00 789997 04/12/2023 PRINTED 010660 LOVELAND'S AUTOMOTIVE SER 3,390.91 789998 04/12/2023 PRINTED 000361 MARK BROWN & ASSOCIATES, 1,408.13 789999 04/12/2023 PRINTED 013391 MARRIOTT FENCE CONSTRUCTI 1,100.00 790000 04/12/2023 PRINTED 021857 MELENDEZ, DANIEL 140.43 790001 04/12/2023 PRINTED 021856 METROPOLITAN LIFE INSURAN 3,002.00 790002 04/12/2023 PRINTED 016208 MOTOROLA SOLUTIONS, INC 25,191.24 790003 04/12/2023 PRINTED 001648 NAPA AUTO PARTS 912.83 790004 04/12/2023 PRINTED 020204 NICHOLS, KATHRYN 186.39 790005 04/12/2023 PRINTED 021150 ODP BUSINESS SOLUTIONS, L 262.94 790006 04/12/2023 PRINTED 020885 CAMACHO, ERNEST M. 240,966.33 790007 04/12/2023 PRINTED 011466 RANGE VEHICLE CENTER INC. 373.05 790008 04/12/2023 PRINTED 002746 ROTO ROOTER PLUMBERS 17,558.00 790009 04/12/2023 PRINTED 020899 RUSH TRUCK CENTERS OF CAL 1,909.65 790010 04/12/2023 PRINTED 002037 SAN BERNARDINO COUNTY 4,394.00 790011 04/12/2023 PRINTED 005370 SKILLERN, ERIC 150.00
790012 04/12/2023 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 134,135.60 790013 04/12/2023 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 4,184.26 790014 04/12/2023 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 602.78 790015 04/12/2023 PRINTED 011303 SPORTSENGINE, INC. 143.50 790016 04/12/2023 PRINTED 002236 STATE WATER RESOURCES CON 2,316.00 790017 04/12/2023 PRINTED 002269 SUNLAND FORD 126.69
790018 04/12/2023 PRINTED 002204 SOUTHWEST GAS CORPORATION 348,965.89 790019 04/12/2023 PRINTED 999992 TERRAZAS, JAMIE 240.00 790020 04/12/2023 PRINTED 018330 TAIT ENVIRONMENTAL SERVIC 14,620.50 790021 04/12/2023 PRINTED 021143 TINOSI, INC 1,305.00
790022 04/12/2023 PRINTED 013359 VALLEY POWER SYSTEMS, INC 3,205.42
CITY OF VICTORVILLE
Report generated: 04/19/2023 11:53 Page 5User:
Program ID:
emesa
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
790023 04/12/2023 PRINTED 004009 THE VAN DYKE CORPORATION 236,304.28 790024 04/12/2023 PRINTED 023108 VCA ANIMAL HOSPITAL 3,123.34 790025 04/12/2023 PRINTED 002486 VICTOR VALLEY UNION HIGH 2,250.00 790026 04/12/2023 PRINTED 020183 WSPP INC. 8,000.00
790027 04/12/2023 PRINTED 021895 HD SUPPLY, INC. 104.46 790028 04/12/2023 PRINTED 022055 33 INC 102.32
790029 04/12/2023 PRINTED 007942 AZAT RENT TO OWN LLC 67.23 790030 04/12/2023 PRINTED 022041 CAMPO, MARLA 40.00
790031 04/12/2023 PRINTED 022061 CARRENO, REYMUNDO 93.69 790032 04/12/2023 PRINTED 022042 CORTEZ, VICTOR 69.98
790033 04/12/2023 PRINTED 021967 HERRERA ENTERPRISES INC. 104.66 790034 04/12/2023 PRINTED 022054 LAS PALMAS INVESTMENT LLC 19.34 790035 04/12/2023 PRINTED 015136 LONE STAR REAL ESTATE 80.15 790036 04/12/2023 PRINTED 022060 MSH CORPORATION 36.05
790037 04/12/2023 PRINTED 019845 RICHMOND AMERICAN HOMES 76.07 790038 04/12/2023 PRINTED 022056 RIZO, DAVID 10.28
790039 04/12/2023 PRINTED 021956 ROSS FAMILY TRUST 5/2/01 18.96 790040 04/12/2023 PRINTED 022053 SERA MEY INC 46.43
790041 04/12/2023 PRINTED 022059 SHELIKH, ERIN D 162.71 790042 04/12/2023 PRINTED 022052 UPFRONT HOME BUYERS LLC 120.00 790043 04/12/2023 PRINTED 004531 WANG, JIONG 34.01
790044 04/12/2023 PRINTED 022057 WARD, MARK C 28.59
790045 04/12/2023 PRINTED 022062 WHEATLEY, JAMES 11.38
790046 04/12/2023 PRINTED 022063 ZARGARIAN, ANDREY 73.39 790047 04/19/2023 PRINTED 015507 UNIVERSAL PROTECTION SERV 28,174.20 790048 04/19/2023 PRINTED 024821 ALPHA OMEGA SEPTIC SERVIC 790.00 790049 04/19/2023 PRINTED 003042 APPLE VALLEY COMMUNICATIO 1,464.00 790050 04/19/2023 PRINTED 017968 AVCOM SERVICES, INC. 435.50 790051 04/19/2023 PRINTED 017353 BOUND TREE MEDICAL, LLC 439.37 790052 04/19/2023 PRINTED 014954 BRIDGEPAY NETWORK SOLUTIO 2,438.10 790053 04/19/2023 PRINTED 000380 BURRTEC WASTE INDUSTRIES 37,018.01 790054 04/19/2023 PRINTED 016222 CACEO 210.00
790055 04/19/2023 PRINTED 000787 STATE OF CALIFORNIA 39.38 790056 04/19/2023 PRINTED 000618 CDW GOVERNMENT, INC. 2,615.88 790057 04/19/2023 PRINTED 016213 COMMUNITY WORKS DESIGN GR 38,037.13 790058 04/19/2023 PRINTED 021660 COMPUTERIZED EMBROIDERY C 1,064.69 790059 04/19/2023 PRINTED 018141 CR&R INCORPORATED 352.14 790060 04/19/2023 PRINTED 999976 DESERT CITIES DIALYSIS 90.00 790061 04/19/2023 PRINTED 018020 DIXON PEST CONTROL, INC. 130.00 790062 04/19/2023 PRINTED 999977 ELLIOTT, AMBER 258.00
790063 04/19/2023 PRINTED 003275 ECONOLITE CONTROL PRODUCT 2,191.01 790064 04/19/2023 PRINTED 000910 FAIRVIEW FORD SALES, INC. 7,984.97 790065 04/19/2023 PRINTED 002607 FAUST MEDIA SERVICES, LLC 186.81 790066 04/19/2023 PRINTED 020330 FENAGH, LLC 4,768.99
790067 04/19/2023 PRINTED 013384 LASTAND, INC. 145.00
790068 04/19/2023 PRINTED 015258 FITZGERALD-GUTIERREZ, JEN 84.00 790069 04/19/2023 PRINTED 021608 FORTEL TRAFFIC, INC. 11,183.83 790070 04/19/2023 PRINTED 014972 FOSTER, JUSTIN 404.04
790071 04/19/2023 PRINTED 017069 GARREN, TIMOTHY 760.00 790072 04/19/2023 PRINTED 021440 GATEHOUSE MEDIA CALIFORNI 1,163.36 790073 04/19/2023 PRINTED 001074 GRAHAM EQUIPMENT 104.40 790074 04/19/2023 PRINTED 020022 THE GREATER HIGH DESERT C 30.00
CITY OF VICTORVILLE
Report generated: 04/19/2023 11:53 Page 6User:
Program ID:
emesa
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
790075 04/19/2023 PRINTED 999980 HARRIS-HARDY, KIMBERLY 500.00 790076 04/19/2023 PRINTED 999980 HERNANDEZ, SONJA 200.00 790077 04/19/2023 PRINTED 019809 STREAMS IN THE DESERT FOU 20,433.40 790078 04/19/2023 PRINTED 019809 STREAMS IN THE DESERT FOU 3,320.51 790079 04/19/2023 PRINTED 021377 HOLLY, BROOKE DANIELLE 432.00 790080 04/19/2023 PRINTED 018348 IWIG, TYLER 3,000.00
790081 04/19/2023 PRINTED 020667 CONDON, JOSEPH 960.00
790082 04/19/2023 PRINTED 014207 JOHNSON, TYSON A. 118.12 790083 04/19/2023 PRINTED 005420 JOURNAL COMMUNICATIONS IN 5,640.00 790084 04/19/2023 PRINTED 022065 JUSTICE CLEARINGHOUSE, LL 2,245.00 790085 04/19/2023 PRINTED 004807 KONE, INC. 350.00
790086 04/19/2023 PRINTED 018875 KONICA MINOLTA BUSINESS S 3,542.21 790087 04/19/2023 PRINTED 018875 KONICA MINOLTA BUSINESS S 1,730.49 790088 04/19/2023 PRINTED 021983 GRUNDON, BRYAN MATTHEW 2,500.00 790089 04/19/2023 PRINTED 017054 LOOPNET, INC. 652.00
790090 04/19/2023 PRINTED 004292 LU'S LIGHTHOUSE 2,365.33 790091 04/19/2023 PRINTED 000361 MARK BROWN & ASSOCIATES, 460.00 790092 04/19/2023 PRINTED 012515 MASCARO, ANTHONY SR. 640.00 790093 04/19/2023 PRINTED 021255 HARRIS, NAKENDRA 120.00 790094 04/19/2023 PRINTED 021161 CAR WASH PARTNERS, INC. 42.00 790095 04/19/2023 PRINTED 001595 MOJAVE BASIN AREA WATERMA 23,734.70 790096 04/19/2023 PRINTED 027847 MOJAVE DESERT & MTN INTEG 26,155.00 790097 04/19/2023 PRINTED 001648 NAPA AUTO PARTS 7,379.72 790098 04/19/2023 PRINTED 021023 NEWMAN - HARRISON, SUSAN 350.00 790099 04/19/2023 PRINTED 017105 ORTIZ, TIMOTHY 100.00
790100 04/19/2023 PRINTED 001866 PRINTMART 228.91
790101 04/19/2023 PRINTED 022010 RAYZOGA, ANDREW 995.00 790102 04/19/2023 PRINTED 021758 ROBERT HALF INTERNATIONAL 38,321.25 790103 04/19/2023 PRINTED 020899 RUSH TRUCK CENTERS OF CAL 50.51 790104 04/19/2023 PRINTED 999991 SPEARS, ALEXANDRIA 200.00 790105 04/19/2023 PRINTED 010544 SANDLER, TRAVIS, AND ROSE 420.00 790106 04/19/2023 PRINTED 002071 SAN BERNARDINO CO SOLID W 322,601.57 790107 04/19/2023 PRINTED 007321 SIMPLOT PARTNERS FULLERTO 12,528.00 790108 04/19/2023 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 230,753.18 790109 04/19/2023 PRINTED 020284 SOCAL PPE, LLC 271.88
790110 04/19/2023 PRINTED 002226 STANDARD SIGNS, INC. 2,684.22 790111 04/19/2023 PRINTED 002236 STATE WATER RESOURCES CON 39,560.00 790112 04/19/2023 PRINTED 004812 STERICYCLE INC. 1,173.30 790113 04/19/2023 PRINTED 002269 SUNLAND FORD 227.30
790114 04/19/2023 PRINTED 018780 TEAMCALIFORNIA ECONOMIC D 3,000.00 790115 04/19/2023 PRINTED 002879 VICTOR VALLEY TRANSIT AUT 190.00 790116 04/19/2023 PRINTED 029510 WEST END MATERIAL SUPPLY 255.78 790117 04/19/2023 PRINTED 008527 ZOLL MEDICAL CORPORATION 457.84 790118 04/19/2023 PRINTED 021661 WBCP, INC. 3,020.18
790119 04/19/2023 PRINTED 022076 BAKER, LASHONE D 120.00 790120 04/19/2023 PRINTED 022070 BRAUNSCHWEIG, WALLACE F 675.00 790121 04/19/2023 PRINTED 022074 BURGE, WILLIAM D 120.00 790122 04/19/2023 PRINTED 022080 CHIU, SIN HO 87.05
790123 04/19/2023 PRINTED 022073 DESERT TRIDENT INC 120.00 790124 04/19/2023 PRINTED 022088 DOKKEN, FLAVIE 46.43
790125 04/19/2023 PRINTED 022089 DS HOUSING CCCRR-01 LP 77.24 790126 04/19/2023 PRINTED 010006 FOBI, WILLIAM W 53.68
CITY OF VICTORVILLE
Report generated: 04/19/2023 11:53 Page 7User:
Program ID:
emesa
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
790127 04/19/2023 PRINTED 022072 IGLESIA DE CRISTO VIDA NU 120.00 790128 04/19/2023 PRINTED 019081 J&C REAL ESTATE 44.39
790129 04/19/2023 PRINTED 022081 JIMENEZ, SALLY 13.30
790130 04/19/2023 PRINTED 022090 KIM, JOO SHIK 65.19
790131 04/19/2023 PRINTED 022075 LEWIS, MICHEAL D 120.00 790132 04/19/2023 PRINTED 020526 LMG NATIONAL PUBLISHING I 120.00 790133 04/19/2023 PRINTED 022083 MENDOZA PINEDA, GILBERTO 14.32 790134 04/19/2023 PRINTED 020350 OPENDOOR LABS INC 76.07 790135 04/19/2023 PRINTED 020350 OPENDOOR LABS INC 11.94 790136 04/19/2023 PRINTED 020891 OPENDOOR LABS INC 60.44 790137 04/19/2023 PRINTED 022082 PARSAEIAN, ARMINE 12.28 790138 04/19/2023 PRINTED 022079 PHILLIPS, JANIE 120.00 790139 04/19/2023 PRINTED 022091 PINA ,ROBERT 64.82
790140 04/19/2023 PRINTED 022086 PRICE, JOHNAVAN 15.34
790141 04/19/2023 PRINTED 022085 REO WEALTH INC. 15.34
790142 04/19/2023 PRINTED 022077 SIVAS, EDWARD 120.00
328 CHECKS CASH ACCOUNT TOTAL 8,698,154.38 .00
Item Number: 8
City Council / Board of Directors
Consent Calendar
Meeting of: May 2, 2023
Submitted By:
John Mendiola, Finance Director / City Treasurer
Subject:
Payroll Warrant List
Recommendation:
That the City Council and Board of Directors ratify Payroll Demand Schedule No. 9B for Payroll Period March 03, 2023, through March 17, 2023, in the amount of $1,871,259.19 covering Check Nos. 33325 through 33350, including Vendor checks. Please note employee Check No. 33336 has a live Check and an EFT Advice. Also included are Advice Nos. 298529 through 299019 and 299021, per adopted budget for Fiscal Year 2022-2023 (period covering July 1, 2022, through June 30, 2023).
Fiscal Impact:
A total fiscal impact of $1,871,259.19 is authorized with this action. The attached report details the payments by check numbers.
Discussion:
I hereby certify that the claims or demands covered by the attached list of warrants have been audited as to the accuracy and availability of funds for payment thereof and that said claims or demands are accurate and the funds are available for payment thereof.
Attachments: A. Payroll Report PPE 031723
Attachment A
Payroll Report PPE 031723
City of Victorville Council Payroll Report 04/07/2023Page 1 of 13 City of Victorville
City Council Payroll Report
Payroll Period Beginning: March 03, 2023 through March 17, 2023 Checks
Check Number Employee ID Check Date Total Net
33325 3466 03/24/2023 $718.37
33326 3551 03/24/2023 $679.14
33327 3747 03/24/2023 $1,869.45
33328 3745 03/24/2023 $2,430.57
33329 3750 03/24/2023 $1,863.53
33330 3753 03/24/2023 $1,376.37
33331 3752 03/24/2023 $1,172.89
33332 3554 03/24/2023 $523.53
33333 3310 03/24/2023 $591.82
33334 3614 03/24/2023 $523.53
33335 3556 03/24/2023 $523.53
33336 2705 03/24/2023 $1,177.56
33337 3749 03/24/2023 $1,980.15
33338 3748 03/24/2023 $2,184.39
33339 3664 03/24/2023 $375.58
33340 3751 03/24/2023 $1,308.53
33341 3746 03/24/2023 $1,968.73
33342 240 03/24/2023 $5.00
33343 787 03/24/2023 $50.00
33344 1145 03/24/2023 $75.00
33345 1182 03/24/2023 $100.00
33346 7912 03/24/2023 $500.00
33347 7912 03/24/2023 $1,072.70
33348 13491 03/24/2023 $422.31
33349 18154 03/24/2023 $175.00
33350 20821 03/24/2023 $423.00
Checks Total 24,090.68
City of Victorville Council Payroll Report 04/07/2023Page 2 of 13 Advices
Check Number Employee ID Check Date Total Net
33336 2705 03/24/2023 $2,000.00
298529 3571 03/20/2023 $5,880.96
298530 2522 03/24/2023 $2,629.82
298531 3608 03/24/2023 $2,930.84
298532 1099 03/24/2023 $761.85
298533 3243 03/24/2023 $2,772.70
298534 2115 03/24/2023 $5,071.32
298535 3142 03/24/2023 $1,654.23
298536 3640 03/24/2023 $1,823.43
298537 3297 03/24/2023 $754.67
298538 3458 03/24/2023 $402.75
298539 3229 03/24/2023 $4,373.17
298540 3283 03/24/2023 $2,472.84
298541 1064 03/24/2023 $7,071.02
298542 3467 03/24/2023 $1,953.25
298543 3727 03/24/2023 $1,837.64
298544 1706 03/24/2023 $4,823.86
298545 2395 03/24/2023 $3,488.28
298546 3700 03/24/2023 $1,829.98
298547 3625 03/24/2023 $1,804.67
298548 3684 03/24/2023 $2,222.66
298549 2624 03/24/2023 $2,439.55
298550 3043 03/24/2023 $1,898.07
298551 3031 03/24/2023 $2,779.38
298552 1748 03/24/2023 $4,909.20
298553 3638 03/24/2023 $3,498.92
298554 3561 03/24/2023 $2,351.81
298555 1903 03/24/2023 $1,735.14
298556 3616 03/24/2023 $2,279.55
298557 3630 03/24/2023 $1,673.58
298558 3527 03/24/2023 $1,834.22
298559 2682 03/24/2023 $2,186.89
298560 2627 03/24/2023 $1,969.76
298561 2366 03/24/2023 $1,798.68
298562 2594 03/24/2023 $2,824.28
298563 3730 03/24/2023 $798.97
298564 3695 03/24/2023 $1,997.84
298565 2093 03/24/2023 $1,736.48
298566 3697 03/24/2023 $4,856.04
298567 1973 03/24/2023 $2,962.89
298568 2019 03/24/2023 $2,493.21
298569 3494 03/24/2023 $2,387.21
298570 2233 03/24/2023 $3,265.97
298571 3744 03/24/2023 $1,783.45
City of Victorville Council Payroll Report 04/07/2023Page 3 of 13 298572 2606 03/24/2023 $2,254.88
298573 3660 03/24/2023 $1,567.09
298574 3046 03/24/2023 $1,979.16
298575 1635 03/24/2023 $4,837.05
298576 3653 03/24/2023 $2,242.16
298577 3327 03/24/2023 $2,096.64
298578 3624 03/24/2023 $1,889.35
298579 3009 03/24/2023 $3,262.14
298580 2618 03/24/2023 $1,832.82
298581 3573 03/24/2023 $1,701.90
298582 2619 03/24/2023 $2,350.57
298583 2603 03/24/2023 $1,781.16
298584 2491 03/24/2023 $2,344.94
298585 2235 03/24/2023 $2,900.97
298586 2300 03/24/2023 $3,258.81
298587 2685 03/24/2023 $1,777.27
298588 3521 03/24/2023 $2,372.90
298589 3528 03/24/2023 $2,033.85
298590 3045 03/24/2023 $2,574.92
298591 3499 03/24/2023 $2,012.28
298592 3362 03/24/2023 $2,094.43
298593 2297 03/24/2023 $1,979.66
298594 2232 03/24/2023 $2,780.33
298595 1957 03/24/2023 $2,565.11
298596 3290 03/24/2023 $2,128.72
298597 3085 03/24/2023 $2,139.95
298598 3246 03/24/2023 $3,145.95
298599 2042 03/24/2023 $3,904.94
298600 3714 03/24/2023 $1,638.17
298601 3742 03/24/2023 $1,796.46
298602 2102 03/24/2023 $2,760.78
298603 2032 03/24/2023 $3,263.54
298604 2323 03/24/2023 $3,118.65
298605 1767 03/24/2023 $2,927.57
298606 3508 03/24/2023 $2,118.07
298607 3682 03/24/2023 $3,208.81
298608 2225 03/24/2023 $4,082.98
298609 3544 03/24/2023 $2,075.27
298610 3221 03/24/2023 $2,532.08
298611 1855 03/24/2023 $523.53
298612 3627 03/24/2023 $2,096.73
298613 1533 03/24/2023 $2,300.28
298614 2833 03/24/2023 $2,192.94
298615 2211 03/24/2023 $4,901.37
298616 3497 03/24/2023 $1,874.52
298617 1426 03/24/2023 $1,079.44
298618 3105 03/24/2023 $1,783.10
City of Victorville Council Payroll Report 04/07/2023Page 4 of 13 298619 3703 03/24/2023 $3,092.21
298620 2254 03/24/2023 $2,938.50
298621 3618 03/24/2023 $1,994.27
298622 3482 03/24/2023 $2,139.48
298623 3354 03/24/2023 $3,466.81
298624 3011 03/24/2023 $1,719.33
298625 3623 03/24/2023 $1,134.05
298626 3295 03/24/2023 $1,843.99
298627 3184 03/24/2023 $3,239.58
298628 3400 03/24/2023 $2,372.82
298629 3547 03/24/2023 $1,134.05
298630 3673 03/24/2023 $1,134.05
298631 3288 03/24/2023 $1,659.00
298632 3702 03/24/2023 $1,844.80
298633 2742 03/24/2023 $2,761.35
298634 3089 03/24/2023 $2,859.18
298635 3641 03/24/2023 $1,607.06
298636 2379 03/24/2023 $1,985.50
298637 3672 03/24/2023 $1,004.97
298638 3634 03/24/2023 $2,704.82
298639 2711 03/24/2023 $1,644.58
298640 3639 03/24/2023 $1,475.57
298641 3586 03/24/2023 $2,075.87
298642 3190 03/24/2023 $2,812.41
298643 2249 03/24/2023 $5,134.48
298644 3650 03/24/2023 $1,502.03
298645 3393 03/24/2023 $1,685.72
298646 3250 03/24/2023 $1,618.24
298647 3491 03/24/2023 $1,113.32
298648 3548 03/24/2023 $1,134.05
298649 3511 03/24/2023 $1,924.02
298650 3581 03/24/2023 $2,183.49
298651 3396 03/24/2023 $2,023.35
298652 3663 03/24/2023 $1,438.44
298653 3541 03/24/2023 $2,302.94
298654 2499 03/24/2023 $3,095.22
298655 3379 03/24/2023 $2,484.31
298656 3694 03/24/2023 $2,078.30
298657 3737 03/24/2023 $2,258.11
298658 2105 03/24/2023 $4,559.05
298659 3474 03/24/2023 $1,905.88
298660 2515 03/24/2023 $2,800.23
298661 3636 03/24/2023 $2,337.26
298662 2679 03/24/2023 $2,518.77
298663 3490 03/24/2023 $2,270.38
298664 3475 03/24/2023 $2,474.58
298665 2181 03/24/2023 $2,704.32
City of Victorville Council Payroll Report 04/07/2023Page 5 of 13 298666 3353 03/24/2023 $2,692.91
298667 3735 03/24/2023 $3,391.43
298668 3542 03/24/2023 $3,018.31
298669 3731 03/24/2023 $2,439.30
298670 1955 03/24/2023 $2,503.21
298671 1632 03/24/2023 $2,220.57
298672 3736 03/24/2023 $2,434.64
298673 3692 03/24/2023 $2,332.10
298674 3147 03/24/2023 $2,781.50
298675 3732 03/24/2023 $2,595.58
298676 3148 03/24/2023 $2,931.40
298677 3195 03/24/2023 $1,719.89
298678 3602 03/24/2023 $2,703.41
298679 1970 03/24/2023 $2,308.04
298680 1520 03/24/2023 $2,838.38
298681 2605 03/24/2023 $2,067.28
298682 3505 03/24/2023 $6,588.82
298683 2540 03/24/2023 $3,495.49
298684 2377 03/24/2023 $2,814.39
298685 1079 03/24/2023 $2,542.67
298686 2312 03/24/2023 $2,473.74
298687 3510 03/24/2023 $2,295.73
298688 3637 03/24/2023 $2,620.22
298689 1901 03/24/2023 $5,898.89
298690 3628 03/24/2023 $2,191.77
298691 3068 03/24/2023 $2,055.22
298692 3633 03/24/2023 $2,409.38
298693 3129 03/24/2023 $3,363.79
298694 1998 03/24/2023 $2,822.20
298695 2376 03/24/2023 $4,374.96
298696 2111 03/24/2023 $2,752.63
298697 3543 03/24/2023 $1,954.59
298698 3303 03/24/2023 $3,586.67
298699 3558 03/24/2023 $2,557.45
298700 1655 03/24/2023 $2,670.71
298701 3285 03/24/2023 $2,508.93
298702 1529 03/24/2023 $1,888.18
298703 3238 03/24/2023 $4,153.95
298704 3242 03/24/2023 $2,538.12
298705 3346 03/24/2023 $2,099.06
298706 1776 03/24/2023 $3,072.32
298707 3192 03/24/2023 $2,029.93
298708 2655 03/24/2023 $1,491.17
298709 2798 03/24/2023 $2,556.03
298710 3265 03/24/2023 $1,983.88
298711 1503 03/24/2023 $2,977.56
298712 2505 03/24/2023 $3,087.14
City of Victorville Council Payroll Report 04/07/2023Page 6 of 13 298713 3299 03/24/2023 $1,777.18
298714 3113 03/24/2023 $1,927.62
298715 1007 03/24/2023 $3,414.66
298716 3185 03/24/2023 $2,360.23
298717 3729 03/24/2023 $1,548.74
298718 2343 03/24/2023 $1,295.93
298719 3273 03/24/2023 $2,618.99
298720 3121 03/24/2023 $1,854.20
298721 1497 03/24/2023 $2,397.88
298722 3537 03/24/2023 $2,308.92
298723 2192 03/24/2023 $1,964.22
298724 3513 03/24/2023 $2,132.76
298725 3685 03/24/2023 $1,613.34
298726 2034 03/24/2023 $2,338.95
298727 2275 03/24/2023 $6,359.58
298728 3380 03/24/2023 $2,393.25
298729 3191 03/24/2023 $2,136.98
298730 2530 03/24/2023 $2,851.66
298731 3496 03/24/2023 $918.47
298732 3051 03/24/2023 $2,000.37
298733 1750 03/24/2023 $2,360.21
298734 2770 03/24/2023 $1,870.76
298735 2228 03/24/2023 $2,467.82
298736 3726 03/24/2023 $1,200.46
298737 3101 03/24/2023 $2,620.10
298738 3335 03/24/2023 $2,130.46
298739 3611 03/24/2023 $1,222.81
298740 1249 03/24/2023 $2,001.50
298741 3284 03/24/2023 $2,594.43
298742 3580 03/24/2023 $1,134.05
298743 3621 03/24/2023 $1,134.05
298744 3270 03/24/2023 $1,789.97
298745 2248 03/24/2023 $1,947.50
298746 3263 03/24/2023 $1,733.92
298747 3622 03/24/2023 $1,035.53
298748 1588 03/24/2023 $2,131.33
298749 2189 03/24/2023 $2,627.86
298750 3560 03/24/2023 $1,680.08
298751 3509 03/24/2023 $2,052.65
298752 3226 03/24/2023 $2,482.83
298753 3257 03/24/2023 $1,817.93
298754 1121 03/24/2023 $2,354.69
298755 3149 03/24/2023 $2,638.90
298756 1865 03/24/2023 $2,048.89
298757 3479 03/24/2023 $1,910.74
298758 3689 03/24/2023 $1,058.03
298759 1723 03/24/2023 $1,441.25
City of Victorville Council Payroll Report 04/07/2023Page 7 of 13 298760 3296 03/24/2023 $2,109.18
298761 3707 03/24/2023 $1,768.99
298762 3572 03/24/2023 $1,231.13
298763 2531 03/24/2023 $2,629.72
298764 1513 03/24/2023 $1,994.52
298765 2118 03/24/2023 $944.89
298766 3387 03/24/2023 $1,096.97
298767 3330 03/24/2023 $1,687.90
298768 2681 03/24/2023 $3,261.35
298769 2119 03/24/2023 $1,846.46
298770 1612 03/24/2023 $1,975.10
298771 1282 03/24/2023 $2,596.60
298772 3610 03/24/2023 $1,659.83
298773 3277 03/24/2023 $1,769.40
298774 3287 03/24/2023 $1,884.40
298775 3037 03/24/2023 $1,660.10
298776 1449 03/24/2023 $2,742.12
298777 3481 03/24/2023 $1,874.80
298778 2677 03/24/2023 $5,014.76
298779 3688 03/24/2023 $1,134.05
298780 3341 03/24/2023 $2,119.09
298781 1137 03/24/2023 $1,814.85
298782 2383 03/24/2023 $1,920.83
298783 3687 03/24/2023 $1,134.05
298784 3130 03/24/2023 $1,857.21
298785 2489 03/24/2023 $1,666.02
298786 3733 03/24/2023 $1,508.59
298787 3361 03/24/2023 $3,316.27
298788 3139 03/24/2023 $1,454.73
298789 3099 03/24/2023 $2,497.00
298790 2696 03/24/2023 $1,826.67
298791 1287 03/24/2023 $3,069.52
298792 3536 03/24/2023 $2,945.70
298793 3722 03/24/2023 $1,756.29
298794 1254 03/24/2023 $1,997.69
298795 3187 03/24/2023 $1,805.95
298796 2368 03/24/2023 $1,897.08
298797 3095 03/24/2023 $1,685.88
298798 3532 03/24/2023 $1,959.77
298799 3258 03/24/2023 $1,792.12
298800 3100 03/24/2023 $2,680.60
298801 3259 03/24/2023 $1,406.04
298802 3344 03/24/2023 $1,927.28
298803 1338 03/24/2023 $3,448.01
298804 3507 03/24/2023 $1,792.81
298805 2229 03/24/2023 $1,714.10
298806 1049 03/24/2023 $2,285.22
City of Victorville Council Payroll Report 04/07/2023Page 8 of 13 298807 1506 03/24/2023 $1,911.44
298808 1959 03/24/2023 $3,155.25
298809 3004 03/24/2023 $2,074.85
298810 1893 03/24/2023 $1,998.06
298811 3626 03/24/2023 $1,871.11
298812 1581 03/24/2023 $2,448.61
298813 1932 03/24/2023 $1,798.54
298814 3279 03/24/2023 $757.36
298815 3725 03/24/2023 $1,115.67
298816 2460 03/24/2023 $1,806.19
298817 3671 03/24/2023 $1,644.60
298818 3112 03/24/2023 $1,595.85
298819 2732 03/24/2023 $1,829.17
298820 2552 03/24/2023 $2,058.44
298821 2476 03/24/2023 $3,279.42
298822 2279 03/24/2023 $2,456.31
298823 3515 03/24/2023 $4,851.40
298824 3092 03/24/2023 $2,938.43
298825 3138 03/24/2023 $2,689.23
298826 3146 03/24/2023 $2,795.76
298827 2590 03/24/2023 $2,057.25
298828 2748 03/24/2023 $2,139.37
298829 3709 03/24/2023 $2,609.35
298830 2669 03/24/2023 $3,094.21
298831 2623 03/24/2023 $1,871.29
298832 2637 03/24/2023 $3,544.38
298833 3079 03/24/2023 $1,765.15
298834 2638 03/24/2023 $2,827.65
298835 3109 03/24/2023 $2,484.50
298836 2671 03/24/2023 $2,933.41
298837 3019 03/24/2023 $3,737.41
298838 2593 03/24/2023 $2,437.93
298839 3328 03/24/2023 $2,339.23
298840 3461 03/24/2023 $2,075.46
298841 2626 03/24/2023 $1,433.23
298842 3038 03/24/2023 $2,569.31
298843 3052 03/24/2023 $1,975.58
298844 2290 03/24/2023 $1,953.95
298845 3716 03/24/2023 $1,637.61
298846 3110 03/24/2023 $2,182.18
298847 2641 03/24/2023 $1,854.13
298848 2612 03/24/2023 $2,352.65
298849 3698 03/24/2023 $1,184.74
298850 2642 03/24/2023 $2,968.74
298851 3705 03/24/2023 $2,392.85
298852 3331 03/24/2023 $1,762.05
298853 2674 03/24/2023 $2,772.30
City of Victorville Council Payroll Report 04/07/2023Page 9 of 13 298854 3231 03/24/2023 $2,341.10
298855 3228 03/24/2023 $2,357.43
298856 2628 03/24/2023 $2,801.57
298857 3301 03/24/2023 $1,642.90
298858 2630 03/24/2023 $2,502.60
298859 3182 03/24/2023 $2,536.21
298860 2599 03/24/2023 $2,110.32
298861 2683 03/24/2023 $2,145.19
298862 2753 03/24/2023 $2,264.56
298863 2610 03/24/2023 $2,371.54
298864 3323 03/24/2023 $2,702.64
298865 1389 03/24/2023 $3,144.14
298866 3264 03/24/2023 $1,952.18
298867 2808 03/24/2023 $2,339.15
298868 2646 03/24/2023 $2,862.20
298869 3617 03/24/2023 $1,767.69
298870 2600 03/24/2023 $2,509.25
298871 2524 03/24/2023 $2,615.65
298872 2686 03/24/2023 $1,946.18
298873 2193 03/24/2023 $2,180.19
298874 3322 03/24/2023 $2,264.24
298875 3629 03/24/2023 $2,391.56
298876 3230 03/24/2023 $3,003.78
298877 1931 03/24/2023 $2,758.56
298878 2038 03/24/2023 $1,587.72
298879 2339 03/24/2023 $2,355.74
298880 2678 03/24/2023 $3,636.88
298881 3240 03/24/2023 $1,916.84
298882 3743 03/24/2023 $1,759.75
298883 3215 03/24/2023 $2,507.25
298884 3140 03/24/2023 $1,952.27
298885 3035 03/24/2023 $1,880.43
298886 3651 03/24/2023 $2,061.95
298887 1853 03/24/2023 $2,827.74
298888 3645 03/24/2023 $752.94
298889 3503 03/24/2023 $2,574.66
298890 3589 03/24/2023 $736.04
298891 3579 03/24/2023 $707.30
298892 3376 03/24/2023 $3,449.74
298893 3384 03/24/2023 $1,093.22
298894 3386 03/24/2023 $1,921.46
298895 2488 03/24/2023 $971.43
298896 3120 03/24/2023 $979.05
298897 3502 03/24/2023 $1,947.42
298898 3582 03/24/2023 $997.25
298899 3654 03/24/2023 $920.99
298900 3252 03/24/2023 $2,606.59
City of Victorville Council Payroll Report 04/07/2023Page 10 of 13 298901 3070 03/24/2023 $2,298.03
298902 3657 03/24/2023 $920.99
298903 3740 03/24/2023 $978.45
298904 1866 03/24/2023 $1,162.30
298905 3371 03/24/2023 $1,025.90
298906 3674 03/24/2023 $854.23
298907 3717 03/24/2023 $349.30
298908 3655 03/24/2023 $955.39
298909 3656 03/24/2023 $870.99
298910 2478 03/24/2023 $1,067.04
298911 3648 03/24/2023 $398.12
298912 3667 03/24/2023 $127.70
298913 3471 03/24/2023 $1,066.58
298914 3531 03/24/2023 $3,832.80
298915 3665 03/24/2023 $285.44
298916 3587 03/24/2023 $368.07
298917 3669 03/24/2023 $471.79
298918 3029 03/24/2023 $1,614.26
298919 3326 03/24/2023 $3,155.97
298920 3649 03/24/2023 $330.51
298921 3609 03/24/2023 $920.99
298922 3492 03/24/2023 $771.14
298923 3691 03/24/2023 $905.98
298924 3576 03/24/2023 $992.98
298925 3647 03/24/2023 $637.75
298926 3566 03/24/2023 $644.33
298927 3368 03/24/2023 $1,776.09
298928 2006 03/24/2023 $1,586.79
298929 2684 03/24/2023 $1,456.92
298930 1966 03/24/2023 $2,148.15
298931 3388 03/24/2023 $1,973.42
298932 2355 03/24/2023 $2,445.03
298933 3696 03/24/2023 $2,361.42
298934 3500 03/24/2023 $2,439.75
298935 2039 03/24/2023 $1,857.35
298936 3281 03/24/2023 $1,621.76
298937 3550 03/24/2023 $2,330.43
298938 2629 03/24/2023 $2,043.63
298939 3348 03/24/2023 $1,793.30
298940 1544 03/24/2023 $2,451.09
298941 3107 03/24/2023 $2,138.08
298942 3081 03/24/2023 $2,049.07
298943 3523 03/24/2023 $3,843.78
298944 3271 03/24/2023 $2,053.03
298945 3017 03/24/2023 $4,522.00
298946 3706 03/24/2023 $1,495.28
298947 3512 03/24/2023 $2,365.88
City of Victorville Council Payroll Report 04/07/2023Page 11 of 13 298948 2027 03/24/2023 $1,578.96
298949 2330 03/24/2023 $2,888.17
298950 3632 03/24/2023 $1,657.25
298951 2795 03/24/2023 $108.64
298952 3437 03/24/2023 $4,979.53
298953 3652 03/24/2023 $2,126.54
298954 3421 03/24/2023 $2,593.86
298955 3439 03/24/2023 $3,138.07
298956 3440 03/24/2023 $4,971.11
298957 3441 03/24/2023 $4,257.54
298958 3473 03/24/2023 $2,404.01
298959 3406 03/24/2023 $3,449.32
298960 3422 03/24/2023 $5,823.61
298961 3442 03/24/2023 $4,119.75
298962 3433 03/24/2023 $5,196.38
298963 3469 03/24/2023 $3,195.57
298964 3424 03/24/2023 $5,476.52
298965 3414 03/24/2023 $3,849.80
298966 3704 03/24/2023 $3,816.03
298967 3734 03/24/2023 $4,491.51
298968 3710 03/24/2023 $2,473.23
298969 3443 03/24/2023 $5,392.26
298970 3600 03/24/2023 $3,047.38
298971 3711 03/24/2023 $3,162.77
298972 3418 03/24/2023 $3,194.68
298973 3715 03/24/2023 $2,922.85
298974 3444 03/24/2023 $2,569.38
298975 3583 03/24/2023 $6,083.30
298976 3585 03/24/2023 $3,643.38
298977 3594 03/24/2023 $4,282.19
298978 3713 03/24/2023 $2,066.89
298979 1718 03/24/2023 $4,512.40
298980 3409 03/24/2023 $2,503.57
298981 3708 03/24/2023 $1,966.01
298982 3426 03/24/2023 $2,874.27
298983 3642 03/24/2023 $2,112.50
298984 3584 03/24/2023 $1,625.78
298985 3538 03/24/2023 $2,034.70
298986 3410 03/24/2023 $4,775.51
298987 3447 03/24/2023 $3,925.68
298988 3427 03/24/2023 $2,623.81
298989 3607 03/24/2023 $4,342.77
298990 3411 03/24/2023 $4,727.64
298991 3448 03/24/2023 $2,198.62
298992 3719 03/24/2023 $1,595.06
298993 3728 03/24/2023 $1,939.99
298994 3518 03/24/2023 $1,999.99
City of Victorville Council Payroll Report 04/07/2023Page 12 of 13 298995 3449 03/24/2023 $4,200.81
298996 3428 03/24/2023 $3,954.16
298997 3429 03/24/2023 $2,444.84
298998 3455 03/24/2023 $3,984.17
298999 3451 03/24/2023 $3,270.98
299000 3712 03/24/2023 $2,741.38
299001 3595 03/24/2023 $2,866.19
299002 3430 03/24/2023 $5,232.38
299003 3452 03/24/2023 $3,037.24
299004 3417 03/24/2023 $1,983.76
299005 3431 03/24/2023 $4,204.76
299006 3419 03/24/2023 $2,711.75
299007 3720 03/24/2023 $10,046.27
299008 3524 03/24/2023 $1,636.81
299009 3412 03/24/2023 $7,799.71
299010 3420 03/24/2023 $5,553.45
299011 3378 03/24/2023 $5,383.34
299012 3435 03/24/2023 $2,984.57
299013 3432 03/24/2023 $2,178.74
299014 3408 03/24/2023 $10,333.27
299015 3456 03/24/2023 $3,767.16
299016 3591 03/24/2023 $2,880.20
299017 3392 03/24/2023 $3,953.44
299018 2210 03/24/2023 $7,419.30
299019 3434 03/24/2023 $2,772.18
299021 1866 03/24/2023 $826.59
Advices Total 1,202,326.47
City of Victorville Council Payroll Report 04/07/2023Page 13 of 13 Electronic Vendor Payments
Vendor Check Date Total Gross
IRS 3/20/2023 $192.52
IRS 3/24/2023 $210,330.94
State Taxes 3/21/2023 $381.35
State Taxes 3/27/2023 $56,875.52
CASDU 3/24/2023 $4,392.35
Deferred Comp (457) 3/27/2023 $77,125.95
Deferred Comp (401a) 3/28/2023 $264.12
PERS 3/29/2023 $292,099.29
VV Firefighter's Union 3/23/2023 $3,180.00
Electronic Vendor Payments Total 644,842.04
Item Number: 9
City Council / Board of Directors
Consent Calendar
Meeting of: May 2, 2023
Submitted By:
Andre de Bortnowsky, City Attorney
Subject:
Settlement Agreement between the City of Victorville and Bayou Title Holding Trust/Trustee Van Nguyen
Recommendation:
That the Honorable City Council approve the Citation Settlement Agreement by and between Bayou Title Holding Trust/Trustee Van Nguyen and the City of Victorville in regard to Citation No. 27258 and authorize the City Manager to sign the Citation Settlement Agreement.
Fiscal Impact:
The City recovered its abatement costs of $4,451.01 in January 2023. This amount was allocated to the account as reflected below:
Account No. Description Amount
1004030-44350 Code Compliance - Cost Recovery $4,451.01 The City will recover the sum of $14,420.00 in fines on the Citation.
Account No. Description Amount
1004030-47140 Code Compliance – Admin Citation Fees $14,420.00 Strategic Action Plan
This item aligns with Goal B in the Strategic Plan, Public Safety, implement public safety strategies to support a thriving and growing community. Enforcement of the City’s excess cannabis cultivation ordinance protects the health, welfare and safety of the City’s residents from the public nuisance conditions associated with these properties and helps ensure properties are repaired.
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Background:
On December 17, 2019, the City of Victorville (“City”) adopted Ordinance No. 2400 amending the Victorville Municipal Code (“VMC”) to include section 13.150.060. VMC section 13.150.060 became effective on January 1, 2020 and provides an administrative citation and fine structure for excess cannabis cultivation within the City limits. The State of California allows for the cultivation of up to six (6) cannabis plants at a residential property. VMC section 13.150.060(c) prohibits cultivation of cannabis in excess of six (6) plants at residential properties within the City limits. A violation of VMC section
13.150.050(c) carries a $100.00 fine per plant for plants found in excess of the six (6) allowable cannabis plants.
In recent history, the City’s Police and Code Compliance Departments have encountered excess cannabis cultivation operations inside residential homes. A typical excess cannabis cultivation within the City has ranged from approximately 200 to 2,000 cannabis plants being cultivated inside a residential home. These excess cannabis cultivation operations result in substantial damage to the interior of the home. Although the prohibition of excess cannabis cultivation applies to commercial properties within City limits as well as homes, the majority of these types of illegal cannabis cultivation operations occur inside residential properties.
The City’s Police and Code Compliance Departments investigate excess cannabis cultivation operations. These departments issue citations to the property owner or responsible party. The City’s Building Department, along with the Police and Code Compliance Departments, work to secure the residence, record building and safety violations present at the property that are the result of the excess cannabis cultivation, stabilize the utilities, and remove the cannabis from the home. The City incurs abatement costs related to the work completed by City departments stemming from the cannabis removal and securing the residential or commercial structure.
The administrative citation and fine process defined in VMC section 13.150.060 is one way the City combats excess cannabis cultivations within its City limits. Enforcement of the City’s excess cannabis cultivation ordinance is intended to protect the health, welfare, and safety of the City’s residents from the public nuisance conditions associated with these properties.
Discussion:
Bayou Title Holding Trust owns a residential property in Victorville. An excess cannabis cultivation operation was found inside its residential property in December 2022. The City issued a citation for a violation of VMC section 13.150.060(c). The City's Code Compliance, Police and Building Departments abated the dangerous conditions present at the property. Pursuant to the Closed Session discussion on April 4, 2023, Ms. Ngyuen, as Trustee of the Bayou Title Holding Trust, has accepted the terms of the settlement offer from the City Council. The settlement terms, which are memorialized in the attached settlement agreement, waive the fine and any penalties, interest or other fees that have accrued since the issuance of the citation. Ms. Nguyen has previously paid the City’s 3 0
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abatement costs in January 2023. Ms. Nguyen has agreed to pay a fine amount of $14,420.00.
Staff and the City Attorney’s office recommend that the City Council approve and authorize the City Manager to sign the attached Citation Settlement Agreement as it is consistent with the City Council direction given during the Closed Session portion of its April 5, 2023 meeting.
Attachments: A. Citation Settlement Agreement
ATTACHMENT A
CITATION SETTLEMENT AGREEMENT
Item Number: 10
City Council / Board of Directors
Consent Calendar
Meeting of: May 2, 2023
Submitted By:
Joe Slegers, Building Official
Subject:
Notice of Completion - Doris Davies Pool Re-plaster
Recommendation:
That the Honorable City Council accept as complete and approve the Notice of Completion for the Doris Davies Pool Re-plaster.
Fiscal Impact:
This item has no fiscal impact. Retention in the amount of five percent was withheld from each payment of this project. Retention will be released after City Council approval and the recording of the Notice of Completion. The retention account and the amount that was withheld is listed in the table below.
Retention Account Number Account Description Amount Withheld 105-20110-81014 AP-Retention $8,330.60
Strategic Plan Goal:
This item aligns with Goal E, Invest in Infrastructure, of the City's strategic plan. This project accomplishes strategy one - a capital improvement to meet the community’s need and strategy eight – implementing the City’s Park and Recreation Master Plan.
Background:
On November 15, 2022, City Council approved a construction agreement with Aqua Source to re-plaster the Doris Davies pool in the amount of $166,612.00. During the City’s pool deck replacement project, the pool was drained and the pool's plaster was inspected.
It was noted during the inspection, the pool's plaster needed to be replaced along with missing and damaged tiles. The industry standard is to replace pool plaster every ten years, the last documented re-plastering for the City’s pool was in 2001. 3 0
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Discussion:
This project was approved in Fiscal Year 2022/2023 in the amount of $173,000 using Measure P Funds (Fund 105). The project began on February 10, 2023 and completed on April 24, 2023. This project did not have any change orders and was completed on schedule.
Per California Public Contract Code § 7107(c), within 60 days after the recordation of the Notice of Completion, the City can release the final retention monies withheld on this project, provided there are no claims or unreleased liens against the contract.
Staff recommends that the City Council accept as complete and approve the Notice of Completion for the Doris Davies Pool Re-plaster project.
Staff is available to answer any questions the Council may have.
Attachments: A. Before and After Pictures
B. Notice of Completion
Attachment A
Photos
Before Photos
During Photos
After Photos
Attachment B
Notice of Completion
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6 RECORDING REQUESTED BY:
CITY OF VICTORVILLE
WHEN RECORDED MAIL TO:
CITY OF VICTORVILLE
ATTN: CITY CLERK
P.O. BOX 5001
VICTORVILLE, CA 92393-5001
Recording of this document is fee-exempt under Government SPACE ABOVE THIS LINE FOR RECORDER’S USE Code Section 6103. No Documentary Transfer Tax is due on the document pursuant to Revenue Taxation Code Section 11922
PUBLIC CONTRACT
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
1. The undersigned is OWNER or agent of the OWNER of the interest or estate stated below in the property hereinafter described.
2. The FULL NAME of the OWNER is CITY OF VICTORVILLE
3. The FULL ADDRESS of the OWNER is 14343 CIVIC DRIVE, VICTORVILLE, CA 92392 A work of improvement on the property hereinafter described was COMPLETED April 24, 2023
4. The work of improvement completed is described as follows: This project included replastering of the pool located at Doris Davies Park.
5. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement Aqua Source.
6. The work site location is 16305 Hughes Rd., Victorville, CA 92395.
7. Assessor’s Parcel Numbers: 477-271-75.
8. The property on which said work of improvement was completed is in the City of VICTORVILLE, County of SAN BERNARDINO, State of CALIFORNIA.
Verification of NON-INDIVIDUAL owner: I, Keith C. Metzler, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the City Manager of the aforesaid interest or estate in the property described in the above notice; that I have read said notice, that I know and understand the contents thereof, and that the facts stated therein are true and correct.
at Victorville, California _____________________________ Date Keith C. Metzler,
City Manager
City of Victorville
Item Number: 11
City Council / Board of Directors
Written Communications
Meeting of: May 2, 2023
Submitted By:
Doug Mathews, Director of Public Works and Water
Subject:
Amendment No. 1 to the General Services Provider Standard Agreement with Univar Solutions USA, Inc. for the Annual Supply of Sodium Hypochlorite.
Recommendation:
That the Honorable Victorville Water District Board of Directors (Board) approve Amendment No. 1 to the General Services Provider Standard Agreement by and between Victorville Water District (District) and Univar Solutions USA, Inc. (Univar) for the annual supply of sodium hypochlorite, Project CC22-102.
Fiscal Impact:
Proposed Amendment No. 1 (Attachment A) will increase this fiscal year’s agreement by $100,000, updating the total compensation to $316,587.84. An additional appropriation is not required. The account codes below have sufficient funds to cover the cost of the water treatment chemical for the District’s wells and High Desert Power Plant’s (HDPP) wells:
•4100515 – 52110 – An additional $75,000 (Total of $256,587.84) o4100515 – Water Fund, Quality Services
o52110 – Supplies
•4100510 – 52110 – An additional $25,000 (Total of $60,000) o4100510 – Water Fund, High Desert Power Plant
o52110 – Supplies
HDPP is a district customer and billed monthly for services, including the cost of chlorination for their wells. The increase in their chemical costs ($25,000) will be offset by revenue generated through their monthly billing. Since other costs budgeted for HDPP have come in lower than anticipated, a budget amendment to account for this additional revenue is not required.
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Strategic Plan Goal:
This item aligns with Goal E, Invest in Infrastructure, which focuses on creating a healthy and livable community by maintaining the City’s assets through investment in infrastructure and innovations. By continuously maintaining the District’s well sites through routine maintenance and chlorination, the District can continue to provide the highest quality of drinking water for a healthy and livable community.
Background:
On July 19, 2022, the Board awarded a General Services Provider Standard Agreement (Attachment B) for the annual supply of Sodium Hypochlorite, a water treatment chemical, to Univar for an amount not to exceed $216,587.84. Sodium Hypochlorite, also known as chlorine, is purchased on a monthly basis to chlorinate the District’s wells along with the High Desert Power Plant’s (HDPP) wells.
HDPP is an 830-megawatt (MW) facility that helps supplement the California power grid.
The District provides recycled water for HDPP’s usage to cool the turbines that help produce power. Disinfecting the recycled water with Sodium Hypochlorite minimizes the growth of microorganisms as the water is recirculating in the cooling towers; this helps the turbines continue to run without any issues. Additionally, the District maintains HDPP’s well sites through an Aquifer Storage and Recovery Agreement and HDPP reimburses the District on a monthly invoice. Part of the maintenance includes chlorination.
In addition, the District maintains thirty-four active wells which require Sodium Hypochlorite in order to be in compliance with the District’s Domestic Water Supply Permit and the Environmental Protection Agency (EPA). The EPA issued the Ground Water Rule (GWR) on October 11, 2006. The GWR states that all ground water systems serving more than 3,300 residents must conduct compliance monitoring for the residual disinfectant concentration to meet the State specified minimum. The District conducts regular sampling by a certified water operator to verify the chlorine residual in the water system.
Discussion:
During this fiscal year, HDPP requested that the chlorine residual be increased from 0.50 parts per million (ppm) to 0.75 ppm. The amount of reclaimed water HDPP is using also increased this fiscal year. This increase in chlorine residual, along with an increase in recycled water demand, resulted in additional Sodium Hypochlorite use for HDPP.
Determining the amount of reclaimed water HDPP will use is difficult since they can be requested by the State to generate power at any given time.
When the original agreement was approved, District staff did not expect HDPP to require additional chlorination. Additionally, staff had an open bid for water treatment chemicals during the budget period and bids were not received until after FY 2022/2023 budget figures had been submitted and approved by the Board. Once the bids came in, staff realized that although a 30 percent increase over the previous contract was used to estimate the cost of chemicals, it would be insufficient to cover the pricing provided by the lowest bidder.
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The current price per gallon for Sodium Hypochlorite is $3.14 and the District’s estimated annual chlorine usage is 80,000 gallons, which brings the amount to $251,200. HDPP’s estimated annual chlorine usage is 18,000 gallons which brings the total to $56,520. The total between both facilities is $307,720. District staff is recommending rounding up the additional amount to an even $100,000, for a total contract amount of $316,587.84, to help cover chlorination costs for any unexpected summer demands.
Victorville Municipal Code §2.28.100(a)(6) states that the Board of Directors shall have the authority to award a contract for the purchase of supplies and equipment or general services with a cost in excess of one hundred twenty-five thousand dollars. For these reasons, staff is recommending that the Board approve Amendment No. 1 to the General Services Provider Standard Agreement by and between Victorville Water District and Univar for the annual supply of Sodium Hypochlorite water treatment chemicals.
Staff remains available for any questions the Board may have.
Attachments: A. Amendment No. 1
B. General Services Provider Standard Agreement
Attachment A
General Services
Provider Standard
Agreement
GENERAL SERVICES PROVIDER STANDARD AGREEMENT/Univar Solutions USA, Inc./Project CC22- 102/Amendment 1
AMENDMENT NUMBER: ONE
TO
GENERAL SERVICES PROVIDER STANDARD AGREEMENT
BY AND BETWEEN
VICTORVILLE WATER DISTRICT
AND
UNIVAR SOLUTIONS USA, INC.
FOR
ANNUAL SUPPLY AGREEMENT FOR SODIUM HYPOCHLORITE WATER
TREATMENT CHEMICALS, PROJECT CC22-102
THIS AMENDMENT (the “Amendment”) is made and entered in to this ____ day of _______ 2023, by and between the Victorville Water District, a County Water District and subsidiary district of the City of Victorville , organized and existing in the County of San Bernardino under and by virtue of the laws of the State of California (hereinafter referred to as “District”), and Univar Solutions USA, Inc., a State of Illinois corporation, hereinafter referred to as “Service Provider .” The District and the Service Provider are sometimes hereinafter referred to as a “Party” or and collectively referred to as the “Parties”.
Recitals
1. W
HEREAS, the District has a General Services Provider Standard Agreement (hereinafter referred to as “Original Agreement”) with the Service Provider to provide Annual Supply Agreement for Sodium Hypochlorite Water Treatment Chemicals, Project CC22-102; and
2. W
HEREAS, it is the desire of the Parties to issue Amendment One (1) to the Original Agreement to increase Section 3., Compensation by $100,000, thereby revising the total annual not to exceed sum from $216,587.84 to $316,587.84; and
3. NO
W THEREFORE , in consideration of the covenants, conditions, and promises contained herein and for such other good and valuable consideration, receipt of which is hereby acknowledged, the Parties are willing to amend the Original Agreement as stated below.
C
ontract Amendment
S
ection 3. – COMPENSATION – is amended as follows:
“
The District shall pay a total annual sum not to exceed Three Hundred Sixteen Thousand Five Hundred Eighty -seven and 84/100 Dollars ($316,587.84) for the services to be rendered by Service Provider pursuant to this Agreement, subject to the provisions of Section 4.”
GENERAL SERVICES PROVIDER STANDARD AGREEMENT/Univar Solutions USA, Inc./Project CC22- 102/Amendment 1
Except as amended herein, the terms and conditions of the Original Agreement and all previous amendments remain in full force and effect.
(
SIGNATURES ON NEXT PAGE)
GENERAL SERVICES PROVIDER STANDARD AGREEMENT/Univar Solutions USA, Inc./Project CC22- 102/Amendment 1
IN WITNESS WHEREOF, the parties hereto have caused the A mendment to the Original Agreement to be entered as of the dates written below.
PARTY OF THE FIRST PART PARTY OF THE SECOND PART
V
ICTORVILLE WATER DISTRICT UNIVAR SOLUTIONS USA, INC.
B
y:_______________________________ By:__________________________________ Debra Jones, Joe Stanaway,
District Chairman West Region Vice President
D
ated:______________________________ Dated:______________________________ A
TTEST
B
y:________________________________
Jennifer Thompson,
District Secretary
D
ated:______________________________
V
ICTORVILLE WATER DISTRICT APPROVED AS TO STANDARD FORM
By:________________________________ By:______________________________ John Preston, Andre de Bortnowsky,
District Risk Manager District Legal Counsel
D
ated:______________________________ Dated:_____________________________ Attachment B
General Service Provider Standard
Agreement
Item Number: 12
City Council / Board of Directors
Written Communications
Meeting of: May 2, 2023
Submitted By:
Brenda Hampton, Director of Electric Utility Services
Subject:
Purchase of Five (5) Liquid Filled Padmounted Transformers Recommendation:
The Honorable City Council approve:
(1) the purchase of five (5) Liquid Filled Padmounted Transformers from Hitachi Energy USA, Inc. in the amount not to exceed $542,461.31; and
(2) a Sole Source arrangement with Hitachi Energy USA, Inc. for the purchase of electric utility distribution equipment.
Fiscal Impact:
This purchase will have a fiscal impact of $542,461.31. This purchase is budgeted under the VMUS Redundancy Equipment, 4202076-55040-30029, which was appropriated during the FY23 mid-year budget. If approved by Council, the funds to be expended for this purchase may be reimbursed to the City by future customers requiring a transformer for the installation of any new services. The lead time for the transformers are approximately three (3) years, however a purchase order is currently required to place the order. The funds will be encumbered and not expensed until the transformers are received.
Strategic Plan Goal:
Invest in Infrastructure
Background:
Electrical utilities, such as VMUS, are expected to operate a reliable power system with limited outages at a reasonable cost to its customers. Power system reliability is maintained and enhanced when that system has components that are dependable, substitutable, and easily replaceable if they fail. Interoperability is the ability of the system equipment and devices to work together easily and effectively by design. This reliability, 3 0
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efficiency, and interoperability is achieved through standardization of equipment used on the system.
Standard equipment used on the VMUS system includes transformers manufactured by Hitachi. Pacific Utilities is the direct sales/marketing arm of Hitachi and their quotes come directly from the factory, which eliminates potential mark up in cost of such transformers.
Since 2020, supply chain issues have been exasperated in the United States.
Transformer supply from any manufacturer has been impacted significantly. Lead times have grown from 3 months in 2020 to almost 3 years in 2023. The cost of the transformers will not be expensed until the equipment arrives on-site and any transformers used for customer sites will ultimately be paid for by the customer.
Discussion:
VMUS maintains an inventory of spare transformers and other select parts to prevent extended down time in the event of equipment failures in the system. We have one replacement transformer for each size of transformer used in the VMUS system.
When new projects are under development, the engineering design for those projects will specify the appropriate size of transformer for each required service connection. The timeline for these projects to be developed and construction completed is approximately 44-60 weeks. Previously, VMUS has been able to acquire these transformers within that window; however, because of the supply chain issues resulting in an extended lead time of 149 weeks, we would potentially have to delay providing service to new or existing customers by 2 years, or risk not having a transformer in stock if an equipment failure would occur.
With the current level of expected growth at Southern California Logistics Airport (“SCLA”) and Foxborough Industrial Park, VMUS believes that we can adequately address emergency repairs, prevent extended down time for customers, and avoid extensive delays in providing new connections for customers with the procurement of one additional transformer of each size.
•One (1) 1500 KVA Liquid Filled Pad Mounted Transformer •One (1) 3000/3750 KVA Liquid Filled Pad Mounted Transformer •One (1) 2500 KVA Liquid Filled Pad Mounted Transformer •One (1) 750 KVA Liquid Filled Pad Mounted Transformer
•One (1) 500 KVA Liquid Filled Pad Mounted Transformer
Transformer Size (kVA) In-Service Current Inventory
500 6 1
750 7 1
1500 14 1
2500 15 1
3000/3750 7 1
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As noted in the quote (Attachment A) provided by Hitachi, the total price for the five (5) transformers listed above is $542,461.31. Due to the long lead times, Hitachi has a Price Adjustment Policy (“PAC”) included on the quote, which states that prices may be adjusted three (3) months prior to shipment. Should the price increase over the City Manager’s purchasing authority, as stated in VMC 2.28.060, VMUS staff will come forth and request additional approval to purchase the transformers from the Victorville City Council.
Pursuant to VMC 2.28.100 this purchase is being done through the sole-source process (Attachment B) with Hitachi. A sole source purchase is defined under VMC 2.28.050(17) as, unique services, and/or supplies and equipment that can be obtained from only one vendor, or one distributor authorized to sell in this area, with singular characteristics or performance capabilities or which have specific compatibility components with existing city products, rendering bidding or quotation requirements futile or meaningless. The standardization for transformers reduces maintenance and training costs, creates efficiencies regarding a part's interchangeability and reduces outage downtime for customers in the event of a transformer failing. Additionally, Pacific Utilities is a subsidiary of the manufacturer, which minimizes the markup costs for the units.
Staff is available for questions.
Attachments: A. Hitachi Energy USA, Inc. Quote
B. Sole Source Form
Attachment A
Hitachi Energy USA Inc. Transformer Quote
Neg #: QT-23-00884964
Hitachi Energy USA Inc. Page 1 of 20 4/6/2023
NOTICE-- This document may contain confidential and privileged information for the sole use of the intended recipient. If you are not the intended recipient you may not review, copy or distribute this message. Any review or distribution by others is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and delete all copies.
To: From:
Noah – City of Victorville Rose Stanton
Hitachi Energy USA Inc. –
c/o Pacific Utilities
Email:
Phone: Phone:
Fax: Fax:
We are pleased to offer you this quote.
Project: Victorville Municipal Utilities Svcs / Victorville Municipal Utilities Svcs / Duplicates 500, 750, 1500,2500, 3750kva for Victorville
General Comments and Exceptions
PRICE ADJUSTMENT CLAUSE (PAC)
*See PAC in terms and conditions
*Required to be acknowledged on the issued PO
Weights:
Core Steel - Weighted 22%*
Aluminum - Weighted 7%*
Copper - Weighted 5%*
Oil - Weighted 10%*
Fab Steel - Weighted 11%*
Labor - Weighted 35%*
If the percentage change is less than +/- 2%, then no change will apply. Please verify bill of materials meets customer's requirements.
Complete bid includes general notes.
Quote expires under any of the following conditions referred to the quote's date listed above:
- After 30 days.
- If the cost of any of the 5 main materials increases by more than 5%.
Notes and Exceptions:
- Field service is to be provided by others.
- ANSI/IEEE standards apply.
- Padlocks not supplied.
- Any special tools to access compartments, or operate, adjust or maintain special parts will not be supplied.
Please note:
- Quoted unit(s) as listed below. Any change in accessories and/or performance(s) may change price(s). Exception is taken to any requirement contained in a customer spec and not specifically identified above or contained in our standard product offering. - Shipment time frame does not include time spent to design unit, send drawings Neg #: QT-23-00884964
Hitachi Energy USA Inc. Page 2 of 20 4/6/2023
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- If shipments by dedicated truck are required; it must be specified in P.O. - If dedicated truck shipment; it will be billed accordingly. - Export crating not supplied unless listed in below bill of materials. - This quote assumes these products will have as final destination the country specified in the request for quote. Diverting them to a different country is prohibited and it may be punishable with fines and prison by USA Federal Laws.
Neg #: QT-23-00884964
Hitachi Energy USA Inc. Page 3 of 20 4/6/2023
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Item Alt Qty Description Price Each (USD)
4 1
1500 KVA Liquid Filled Padmounted Transformer
2401 - Distribution Transformers, Jefferson City, USA (9AAE328378), PDC:
9AAC30400623, DTAN-L3M135
100,900
5 1
3000/3750 KVA Liquid Filled Padmounted Transformer
2401 - Distribution Transformers, Jefferson City, USA (9AAE328378), PDC:
9AAC30400623, DTAN-L3M135
155,200
6 1
2500 KVA Liquid Filled Padmounted Transformer
2401 - Distribution Transformers, Jefferson City, USA (9AAE328378), PDC:
9AAC30400623, DTAN-L3M135
128,325
7 1
750 KVA Liquid Filled Padmounted Transformer
2401 - Distribution Transformers, Jefferson City, USA (9AAE328378), PDC:
9AAC30400147, DTAN-L3S135
67,515
8 1
500 KVA Liquid Filled Padmounted Transformer
2401 - Distribution Transformers, Jefferson City, USA (9AAE328378), PDC:
9AAC30400147, DTAN-L3S135
46,875
Victorville 8.75% Tax $43,646.31
Grand Total with Taxes $542,461.31
Neg #: QT-23-00884964
Hitachi Energy USA Inc. Page 4 of 20 4/6/2023
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ITEM QTY kVA EACH (USD) NL TL %Z Unit Wt Fluid Wt
4 1 1500 100,900 1438 @ 85 10904 5.74 9439 3010
Quoted loss values are subjected to ANSI Test Tolerances. All weights and dimensions are approximate.
Description:
Type : Liquid-Filled MTR Padmounted Transformer
Fluid : Natural Ester Fluid
Core : Grain Oriented Steel
Phase : 3 Phase
Frequency : 60 Hz
Average Winding Rise : 65 °C
Ambient Temperature : 30 °C
High Voltage : 12470 Delta
High Voltage Taps : +2 -2 2.5%
High Voltage BIL : 95kV BIL
Low Voltage : 480Y/277
Low Voltage BIL : 30kV BIL
Low Voltage Neutral : X0 bushing with ground strap
Feed Configuration : Loop feed
Color : Bell Green (Munsell 7GY 3.29/1.5)
Features (included in price):
TANK & CABINET
Dry Nitrogen Blanket
Penta-head cabinet handle bolt
GROUNDING
2 Stainless Steel Ground Pads
BUSHINGS
Threaded stud LV bushings x 4
ANSI C57.12.34 Fig 9&11 HV bushing pattern (minimum)
200 amp HV bushing wells x 6
6-hole NEMA spade terminals x 4
ANSI C57.12.26 Fig 3&4a minimum stgrd LV bushing pattern FUSES
Bayonet expulsion fuse no isolation link x 3
Parallel oil-immersed partial range current limiting fuse x 6
SWITCHES
2-position 300 amp LBOR Line A switch
2-position 300 amp LBOR Line B switch
2-position 300 amp LBOR transformer switch
MONITORING
Schrader valve
Pressure Relief Valve
Standard Thermometer w/max temp indicator Qualitrol 151-100-01 p/n 1C07799H01 Standard Pressure vacuum gage Qualitrol 50-35E p/n 2B13527H01 Liquid Level Gauge Q 030-017-02 4965B50H01
FITTINGS
Drain valve and sampler
Neg #: QT-23-00884964
Hitachi Energy USA Inc. Page 5 of 20 4/6/2023
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MARKINGS
"Non-PCB" on Nameplate
OTHER
9.5" x 17.5" Tank Handhole Cover
18" deep cabinet
DOE Efficiency (2016)
Contains less-flammable biodegradable natural ester fluid with no detectable level of PCB, less than 1PPM, at the time of manufacture.
For information about natural ester fluid, go to:
http://www.cargill.com/products/industrial/dielectric-ester-fluids/envirotemp-fr3/index.jsp
Lead Times:
Drawing Submittal : 4-6 Weeks after receipt of order. after receipt of order.
Orders requiring drawing approval (i.e. Approval orders): The shipping date from our Jefferson City Factory will be confirmed after we receive approved drawings back from the customer.
Orders NOT requiring drawing approvals (i.e. Firm Orders): 147-149 Weeks after the acceptance of order.
Quoted lead times are based on current production levels. Actual lead times are dependent on available production space at time of firm order entry and/or release to manufacturing.
Item 4 General Comments and Exceptions
Reference JC12120 - F6AE14929N, new active part
Neg #: QT-23-00884964
Hitachi Energy USA Inc. Page 6 of 20 4/6/2023
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ITEM QTY kVA EACH (USD) NL TL %Z Unit Wt Fluid Wt
5 1 3000/3750 155,200 3219 @ 85 26367 5.85 14102 4317
Quoted losses are typical for reference purposes only. All weights and dimensions are approximate.
Description:
Type : Liquid-Filled MTR Padmounted Transformer
Fluid : Natural Ester Fluid
Core : Grain Oriented Steel
Phase : 3 Phase
Frequency : 60 Hz
Average Winding Rise : 65 °C
Ambient Temperature : 30 °C
High Voltage : 12470 Delta
High Voltage Taps : +2 -2 2.5%
High Voltage BIL : 95kV BIL
Low Voltage : 480Y/277
Low Voltage BIL : 30kV BIL
Low Voltage Neutral : X0 bushing with ground strap
Feed Configuration : Loop feed
Color : Bell Green (Munsell 7GY 3.29/1.5)
Features (included in price):
TANK & CABINET
Dry Nitrogen Blanket
Fans (controlled by liquid temperature)
120V Control Power Provided By Customer
Fan Control Switch - Manual ON/AUTO/OFF
Bolted cooling radiators x 3
Penta-head cabinet handle bolt
Stnd Control Box 3M Mild Steel 24 x 26 x 12 (ANSI 61)
BUSHINGS
Loadbreak Inserts (dead front) x 6
ANSI C57.12.34 Fig 9&11 HV bushing pattern (minimum)
200 amp HV bushing wells x 6
10-hole Integral Spade Bushings x 4
Spade Supports
ANSI C57.12.26 Fig 3&4a minimum stgrd LV bushing pattern FUSES
Internal expulsion fuse x 3
SWITCHES
2-position 300 amp LBOR Line A switch
2-position 300 amp LBOR Line B switch
2-position 300 amp LBOR transformer switch
MONITORING
Thermometer w 2 alarm contacts 1 NO & 1 NC each Qualitrol 167-288-01 p/n 30C6637H01 Schrader valve
Standard Pressure vacuum gage Qualitrol 50-35E p/n 2B13527H01 Liquid level Gauge Q 020-555-01 2B12840H01
Pressure Relief Valve
Neg #: QT-23-00884964
Hitachi Energy USA Inc. Page 7 of 20 4/6/2023
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FITTINGS
Drain valve and sampler
1" fill/filter press fitting in LV compartment
MARKINGS
Non-PCB label
UL Listed on Nameplate
OTHER
9.5" x 17.5" Tank Handhole Cover
24" deep cabinet
Contains less-flammable biodegradable natural ester fluid with no detectable level of PCB, less than 1PPM, at the time of manufacture.
For information about natural ester fluid, go to:
http://www.cargill.com/products/industrial/dielectric-ester-fluids/envirotemp-fr3/index.jsp
Lead Times:
Drawing Submittal : 4-6 Weeks after receipt of order. after receipt of order.
Orders requiring drawing approval (i.e. Approval orders): The shipping date from our Jefferson City Factory will be confirmed after we receive approved drawings back from the customer.
Orders NOT requiring drawing approvals (i.e. Firm Orders): 147-149 Weeks after the acceptance of order.
Quoted lead times are based on current production levels. Actual lead times are dependent on available production space at time of firm order entry and/or release to manufacturing.
Neg #: QT-23-00884964
Hitachi Energy USA Inc. Page 8 of 20 4/6/2023
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ITEM QTY kVA EACH (USD) NL TL %Z Unit Wt Fluid Wt
6 1 2500 128,325 2189 @ 85 15882 5.85 15012 4241
Quoted loss values are subjected to ANSI Test Tolerances. All weights and dimensions are approximate.
Description:
Type : Liquid-Filled MTR Padmounted Transformer
Fluid : Natural Ester Fluid
Core : Grain Oriented Steel
Phase : 3 Phase
Frequency : 60 Hz
Average Winding Rise : 65 °C
Ambient Temperature : 30 °C
High Voltage : 12470 Delta
High Voltage Taps : +2 -2 2.5%
High Voltage BIL : 95kV BIL
Low Voltage : 480Y/277
Low Voltage BIL : 30kV BIL
Low Voltage Neutral : X0 bushing with ground strap
Feed Configuration : Loop feed
Color : Bell Green (Munsell 7GY 3.29/1.5)
Features (included in price):
TANK & CABINET
Dry Nitrogen Blanket
Penta-head cabinet handle bolt
BUSHINGS
Loadbreak Inserts (dead front) x 6
ANSI C57.12.34 Fig 9&11 HV bushing pattern (minimum)
200 amp HV bushing wells x 6
10-hole Integral Spade Bushings x 4
Spade Supports
ANSI C57.12.26 Fig 3&4a minimum stgrd LV bushing pattern FUSES
Internal expulsion fuse x 3
SWITCHES
2-position 300 amp LBOR Line A switch
2-position 300 amp LBOR Line B switch
2-position 300 amp LBOR transformer switch
MONITORING
Schrader valve
Standard Thermometer w/max temp indicator Qualitrol 151-100-01 p/n 1C07799H01 Standard Pressure vacuum gage Qualitrol 50-35E p/n 2B13527H01 Liquid level Gauge Q 020-555-01 2B12840H01
Pressure Relief Valve
FITTINGS
Drain valve and sampler
1" fill/filter press fitting in LV compartment
MARKINGS
Neg #: QT-23-00884964
Hitachi Energy USA Inc. Page 9 of 20 4/6/2023
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UL Listed on Nameplate
OTHER
9.5" x 17.5" Tank Handhole Cover
24" deep cabinet
DOE Efficiency (2016)
Contains less-flammable biodegradable natural ester fluid with no detectable level of PCB, less than 1PPM, at the time of manufacture.
For information about natural ester fluid, go to:
http://www.cargill.com/products/industrial/dielectric-ester-fluids/envirotemp-fr3/index.jsp
Lead Times:
Drawing Submittal : 4-6 Weeks after receipt of order. after receipt of order.
Orders requiring drawing approval (i.e. Approval orders): The shipping date from our Jefferson City Factory will be confirmed after we receive approved drawings back from the customer.
Orders NOT requiring drawing approvals (i.e. Firm Orders): 147-149 Weeks after the acceptance of order.
Quoted lead times are based on current production levels. Actual lead times are dependent on available production space at time of firm order entry and/or release to manufacturing.
Neg #: QT-23-00884964
Hitachi Energy USA Inc. Page 10 of 20 4/6/2023
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ITEM QTY kVA EACH (USD) NL TL %Z Unit Wt Fluid Wt
7 1 750 67,515 927 @ 85 6333 5.74 6235 2432
Quoted loss values are subjected to ANSI Test Tolerances. All weights and dimensions are approximate.
Description:
Type : Liquid-Filled MTR Padmounted Transformer
Fluid : Mineral Oil
Core : Grain Oriented Steel
Phase : 3 Phase
Frequency : 60 Hz
Average Winding Rise : 65 °C
Ambient Temperature : 30 °C
High Voltage : 12000 Delta
High Voltage Taps : +2 -2 2.5%
High Voltage BIL : 95kV BIL
Low Voltage : 480Y/277
Low Voltage BIL : 30kV BIL
Low Voltage Neutral : X0 bushing with ground strap
Feed Configuration : Loop feed
Color : Bell Green (Munsell 7GY 3.29/1.5)
Features (included in price):
TANK & CABINET
Dry Nitrogen Blanket
Penta-head cabinet handle bolt
BUSHINGS
Threaded stud LV bushings x 4
Loadbreak Inserts (dead front) x 6
ANSI C57.12.34 Fig 9&11 HV bushing pattern (minimum)
200 amp HV bushing wells x 6
6-hole NEMA spade terminals x 4
ANSI C57.12.26 Fig 3&4a minimum stgrd LV bushing pattern
SWITCHES
2-position 300 amp LBOR transformer switch
MONITORING
Pressure Relief Valve
Standard Thermometer w/max temp indicator Qualitrol 151-100-01 p/n 1C07799H01 Standard Pressure vacuum gage Qualitrol 50-35E p/n 2B13527H01 Liquid level Gauge Q 020-555-01 2B12840H01
FITTINGS
Drain valve and sampler
OTHER
*Name plate TO state “Filled with non-PCB fluid that contains less than 1ppm.” 9.5" x 17.5" Tank Handhole Cover
Mineral oil with inhibitor
18" deep cabinet
DOE Efficiency (2016)
Neg #: QT-23-00884964
Hitachi Energy USA Inc. Page 11 of 20 4/6/2023
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Lead Times:
Drawing Submittal : 4-6 Weeks after receipt of order. after receipt of order.
Orders requiring drawing approval (i.e. Approval orders): The shipping date from our Jefferson City Factory will be confirmed after we receive approved drawings back from the customer.
Orders NOT requiring drawing approvals (i.e. Firm Orders): 147-149 Weeks after the acceptance of order.
Quoted lead times are based on current production levels. Actual lead times are dependent on available production space at time of firm order entry and/or release to manufacturing.
Neg #: QT-23-00884964
Hitachi Energy USA Inc. Page 12 of 20 4/6/2023
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ITEM QTY kVA EACH (USD) NL TL %Z Unit Wt Fluid Wt
8 1 500 46,875 670 @ 85 4470 5 4761 1763
Quoted loss values are subjected to ANSI Test Tolerances. All weights and dimensions are approximate.
Description:
Type : Liquid-Filled MTR Padmounted Transformer
Fluid : Natural Ester Fluid
Core : Grain Oriented Steel
Phase : 3 Phase
Frequency : 60 Hz
Average Winding Rise : 65 °C
Ambient Temperature : 30 °C
High Voltage : 12470 Delta
High Voltage Taps : +2 -2 2.5%
High Voltage BIL : 95kV BIL
Low Voltage : 480Y/277
Low Voltage BIL : 30kV BIL
Low Voltage Neutral : X0 bushing with ground strap
Feed Configuration : Loop feed
Color : Bell Green (Munsell 7GY 3.29/1.5)
Features (included in price):
TANK & CABINET
Dry Nitrogen Blanket
6 parking stands
Penta-head cabinet handle bolt
SST hardware
GROUNDING
2-hole ground pads (1 in HV and 1 in LV)
HV Insert Ground Wire(s)
BUSHINGS
Threaded stud LV bushings x 4
Loadbreak Inserts (dead front) x 6
ANSI C57.12.34 Fig 9&11 HV bushing pattern (minimum)
200 amp HV bushing wells x 6
4-hole NEMA spade terminals x 4
ANSI C57.12.26 Fig 3&4a minimum stgrd LV bushing pattern
ARRESTERS
15 kV MCOV 12.70 elbow arrester - 15 kV interface x 3 FUSES
Bayonet expulsion fuse no isolation link x 3
Oil-immersed partial range current limiting fuse x 3
SWITCHES
2-position 200 amp LBOR transformer switch
2-position 200 amp LBOR Line A switch
2-position 200 amp LBOR Line B switch
MONITORING
Liquid level Gauge Q 020-555-01 2B12840H01
Neg #: QT-23-00884964
Hitachi Energy USA Inc. Page 13 of 20 4/6/2023
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Standard Thermometer w/max temp indicator Qualitrol 151-100-01 p/n 1C07799H01 Standard Pressure vacuum gage Qualitrol 50-35E p/n 2B13527H01
FITTINGS
Drain valve and sampler
Upper Filter Press Connection (1.0" Fill Coupling)
MARKINGS
"Non-PCB" on Nameplate
OTHER
9.5" x 17.5" Tank Handhole Cover
18" deep cabinet
DOE Efficiency (2016)
Contains less-flammable biodegradable natural ester fluid with no detectable level of PCB, less than 1PPM, at the time of manufacture.
For information about natural ester fluid, go to:
http://www.cargill.com/products/industrial/dielectric-ester-fluids/envirotemp-fr3/index.jsp
Lead Times:
Drawing Submittal : 4-6 Weeks after receipt of order. after receipt of order.
Orders requiring drawing approval (i.e. Approval orders): The shipping date from our Jefferson City Factory will be confirmed after we receive approved drawings back from the customer.
Orders NOT requiring drawing approvals (i.e. Firm Orders): 99-101 Weeks after the acceptance of order.
Quoted lead times are based on current production levels. Actual lead times are dependent on available production space at time of firm order entry and/or release to manufacturing.
Item 8 General Comments and Exceptions
Note, oil fill 3/4" w/plug (top) should be provided.
Note, N2 fill port should be provided (top).
Neg #: QT-23-00884964
Hitachi Energy USA Inc. Page 14 of 20 4/6/2023
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This quotation is effective for 30 days from 4/6/2023, unless otherwise authorized by Hitachi Energy USA Inc..
Unless stated otherwise in the quotation, the following terms and conditions of sale will apply.
1. Payment Terms: Due in 30 days invoice date.
2. Freight Terms: Shipment is FCA - Free Carrier.
3. Warranty: 18 months from delivery or 12 months from commissioning, whichever occurs first.
4. Terms and conditions of sale are based upon Hitachi Energy USA Inc. General Terms and Conditions of Sale.
5. Approval Orders: Prices are valid for units released for shipment within 60 days from the initial mailing date of approval drawings (typically 2 weeks ARO). Prices are valid for quoted shipment or best available lead-time at time of release. Orders on hold pending drawing approval beyond 60 days of initial drawing date are subject to price adjustment every 30 days. Pricing will be determined at time of release for agreed upon delivery.
6. Lead times for orders subject to drawing approval will be confirmed upon receipt of approval and release to manufacturing.
7. Transformers are designed, built, and tested to ANSI/IEEE C57 Transformer Standards for distribution class transformers. No other Codes/Standards apply unless noted on quote.
Russia-Ukraine Situation
For the purpose hereof,
(i) “Russia-Ukraine Situation” means (1) the conflict between Russia and Ukraine which began on or around 24 February 2022 and/or (2) any other or further conflict which may arise out of or in connection with the same and/or (3) any economic and other sanctions imposed by, amongst others the United Nations, U.S., EU, UK, Japan Switzerland or any agency or authority against Russia, Russian entities and individuals, Russian goods, products, services, technology which may arise out of or in connection therewith, and/or (4) any economic and other sanctions imposed by, amongst others the United Nations, U.S., EU, UK, Japan Switzerland or any agency or authority thereof against any other country, entities and individuals, Russian goods, products, services, technology which may arise out of or in connection therewith; (ii) “Electronic Component Shortage” means the continuing global shortage of microchips or apparatus or components which include microchips.
The Parties acknowledge that the Russia-Ukraine Situation and/or the Electronic Component Shortage is affecting or may have an adverse impact on [Hitachi Energy’s] ability to perform the [offer] including but not limited to price increases, transportation and logistics constraints, shortages and price increases in the procurement of products and commodities (e.g. copper, aluminum, steel, oil and gas).
If the Russia-Ukraine Situation and/or the Electronic Component Shortage continue affecting, will or may have any adverse impact, whether direct or indirect, on [Hitachi Energy’s] ability to perform the [offer] in accordance with its terms [and/or the [Law]], the Parties shall, if so requested in writing by [Hitachi Energy /], negotiate in good faith and agree without delay reasonable amendments to the terms and conditions of the [offer], including, but not limited to, revisions of the [Schedule] and/or any increase in the [Contract Price].
In the absence of such agreement, [Hitachi Energy] shall, if it suffers delay and/or incurs additional [Costs] due to any direct or indirect impact of the Russia-Ukraine Situation and/or the Electronic Component Shortage, in any case be entitled to an extension of the [Time for Completion] and compensation for any additional [Costs].
Transportation/Delivery
Purchaser has the responsibility to guarantee clear access to the delivery point. If Seller encounters obstructions preventing or hindering delivery, Purchaser shall be responsible for removal and replacement to
Neg #: QT-23-00884964
Hitachi Energy USA Inc. Page 15 of 20 4/6/2023
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In the event the Purchaser does not collect and/or agree to accept shipment of the products at delivery (unless otherwise stipulated in the contract), Seller will locate local storage facilities to which the products will be delivered, at which point contractual delivery will be deemed complete. Storage at such facilities will be at the Purchaser’s expense. The Purchaser shall be liable for costs arising from such delay, including the Supplier’s costs relating to storage, insurance, and handling of the products.
Storage Fees
Transformer Rating Weekly Storage Fee
750KVA and below $375 per week per transformer
Above 750KVA $425 per week per transformer
Handling Fees
Transformer Rating Crane Charge Per Move
750KVA and below $750
Above 750KVA $1250
Factory Acceptance Testing (FAT)
Witness Testing can be added for $5,000 per transformer. Only two (2) transformers can be witness tested per day.
Final Inspection can be added for $2,000 per day of inspection. Dependent upon availability of product at time of inspection.
Please confirm intent to witness testing and/or perform final inspection by the time of release to manufacture otherwise FAT services will be considered waived.
Price Adjustment Policy (PAC)
To facilitate order acceptance, please reference this quote number and acknowledge acceptance of this PAC, on the order document.
Due to extended delivery dates, pricing is not held constant between order placement and shipment. The price shall be adjusted per the price adjustment clause described below 3 months prior to shipment.
A weighted combination of the following indices will be used for price adjustments:
Core Steel – Hitachi Energy Index
Aluminum - PPI WPU102501
Copper - PPI WPU102502
Oil - PPI WPU057604
Carbon Steel - PPI WPU101707
Labor - CEU3133500008
Should the specified indices be discontinued, proper indices shall be submitted by mutual agreement of both parties.
The Index Baseline will be the month and year in which the proposal is issued.
Cancellation Fees
Approval Orders
20% after order entry
50% after submittal of approval drawings
80% after procurement of major materials
Neg #: QT-23-00884964
Hitachi Energy USA Inc. Page 16 of 20 4/6/2023
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Firm Orders
50% after order entry
80% after procurement of major materials
100% 6 weeks prior to planned start of manufacture
We appreciate the opportunity to quote on this business. Hitachi Energy USA Inc. has had many years of experience building reliable, high quality transformers and we look forward to supplying this equipment.
Neg #: QT-23-00884964
Hitachi Energy USA Inc. Page 17 of 20 4/6/2023
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KVA FEED A B C D E F WT
1500 Loop
(Dead) 68 88 66.8 58.8 66 18 10300
3000 Loop
(Dead) 76 132 96 72 70 24 20000
2500 Loop
(Dead) 72 100 84.8 68.8 70 24 14100
750 Loop
(Dead) 68 82 60.8 50.8 66 18 7400
500 Loop
(Dead) 56 68 58.8 48.8 62 18 5600
All weights and dimensions are approximate.
Dimensions may change to meet specific customer
requirements. Weights are in pounds. Dimensions are
in inches.
Cooling fins may be required on the back and/or side of the tank if necessary. Maximum cooling fin depth is 16".
Duplicates 500, 750, 1500,2500, 3750kva for
Victorville
4/6/2023 3-Phase Padmounted Transformer Hitachi Energy USA Inc., Jefferson City, MO
Neg #: QT-23-00884964
Hitachi Energy USA Inc. Page 18 of 20 4/6/2023
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Hitachi Energy USA Inc.
GENERAL TERMS AND CONDITIONS OF SALE
1. General. The terms and conditions contained herein, together with any additional or different terms contained in Hitachi Energy USA Inc.'s Proposal, if any, submitted to Purchaser (which Proposal shall control over any conflicting terms), constitute the entire agreement (the "Agreement") between the parties with respect to the order and supersede all prior communications and agreements regarding the order. Acceptance by Hitachi Energy USA Inc. of the order, or Purchaser's acceptance of Hitachi Energy USA Inc.'s Proposal, is expressly limited to and conditioned upon Purchaser's acceptance of these terms and conditions, payment for or acceptance of any performance by Hitachi Energy USA Inc. being acceptance. These terms and conditions may not be changed or superseded by any different or additional terms and conditions proposed by Purchaser to which terms Hitachi Energy USA Inc. hereby objects. Unless the context otherwise requires, the term "Equipment" as used herein means all of the equipment, parts, accessories sold, and all software and software documentation, if any, licensed to Purchaser by Hitachi Energy USA Inc. ("Software") under the order. Unless the context otherwise requires, the term "Services" as used herein means all labor, supervisory, technical and engineering, installation, repair, consulting or other services provided by Hitachi Energy USA Inc. under the order. As used herein, the term "Purchaser" shall include the initial end use of the Equipment and/or services; provided, however, that Paragraph 13(a) shall apply exclusively to the initial end user.
2. Prices.
(a) Unless otherwise specified in writing, all Proposals expire thirty (30) days from the date thereof. (b) Unless otherwise stated herein, Services prices are based on normal business hours (8 a.m. to 5 p.m. Monday through Friday). Overtime and Saturday hours will be billed at one and one-half (1 1/2) times the hourly rate; and Sunday hours will be billed at two (2) times the hourly rate; holiday hours will be billed at three (3) times the hourly rate. If a Services rate sheet is attached hereto, the applicable Services rates shall be those set forth in the rate sheet. Rates are subject to change without notice.
(c) The price does not include any federal, state or local property, license, privilege, sales, use, excise, gross receipts, or other like taxes which may now or hereafter be applicable. Purchaser agrees to pay or reimburse any such taxes which Hitachi Energy USA Inc. or its suppliers are required to pay or collect. If Purchaser is exempt from the payment of any tax or holds a direct payment permit, Purchaser shall, upon order placement, provide Hitachi Energy USA Inc. a copy, acceptable to the relevant governmental authorities of any such certificate or permit. (d) The price includes customs duties and other importation or exportation fees, if any, at the rates in effect on the date of Hitachi Energy USA Inc.’s Proposal. Any change after that date in such duties, fees, or rates, shall increase the price by Hitachi Energy USA Inc.'s additional cost.
3. Payment.
(a) Unless specified to the contrary in writing by Hitachi Energy USA Inc., payment terms are net cash, payable without offset, in United States Dollars, 30 days from date of invoice by wire transfer to the account designated by Hitachi Energy USA Inc. in the Proposal. (b) If in the judgment of Hitachi Energy USA Inc. the financial condition of Purchaser at any time prior to delivery does not justify the terms of payment specified, Hitachi Energy USA Inc. may require payment in advance, payment security satisfactory to Hitachi Energy USA Inc., or may terminate the order, whereupon Hitachi Energy USA Inc. shall be entitled to receive reasonable cancellation charges. If delivery is delayed by Purchaser, payment shall be due on the date Hitachi Energy USA Inc. is prepared to make delivery. Delays in delivery or nonconformities in any installments delivered shall not relieve Purchaser of its obligation to accept and pay for remaining installments.
(c) Purchaser shall pay, in addition to the overdue payment, a late charge equal to the lesser of 1 1/2% per month or any part thereof or the highest applicable rate allowed by law on all such overdue amounts plus Hitachi Energy USA Inc.'s attorneys' fees and court costs incurred in connection with collection.
4. Changes.
(a) Any changes requested by Purchaser affecting the ordered scope of work must be accepted by Hitachi Energy USA Inc. and resulting adjustments to affected provisions, including price, schedule, and guarantees mutually agreed in writing prior to implementation of the change. (b) Hitachi Energy USA Inc. may, at its expense, make such changes in the Equipment or Services as it deems necessary, in its sole discretion, to conform the Equipment or Services to the applicable specifications. If Purchaser objects to any such changes, Hitachi Energy USA Inc. shall be relieved of its obligation to conform to the applicable specifications to the extent that conformance may be affected by such objection.
5. Delivery.
(a) All Equipment manufactured, assembled or warehoused in the continental United States is delivered F.O.B. point of shipment. Equipment shipped from outside the continental United States is delivered F.O.B. United States port of entry. Purchaser shall be responsible for any and all demurrage or detention charges. (b) If the scheduled delivery of Equipment is delayed by Purchaser or by Force Majeure, Hitachi Energy USA Inc. may move the Equipment to storage for the account of and at the risk of Purchaser whereupon it shall be deemed to be delivered. (c) Shipping and delivery dates are contingent upon Purchaser's timely approvals and delivery by Purchaser of any documentation required for Hitachi Energy USA Inc.'s performance hereunder.
(d) Claims for shortages or other errors in delivery must be made in writing to Hitachi Energy USA Inc. within ten days of delivery. Equipment may not be returned except with the prior written consent of and subject to terms specified by Hitachi Energy USA Inc.. Claims for damage after delivery shall be made directly by Purchaser with the common carrier
6. Title & Risk of Loss. Except with respect to Software (for which title shall not pass, use being licensed) title to Equipment shall remain in Hitachi Energy USA Inc. until fully paid for. Notwithstanding any agreement with respect to delivery terms or payment of transportation charges, risk of loss or damage shall pass to Purchaser upon delivery.
7. Inspection, Testing and Acceptance.
(a) Any inspection by Purchaser of Equipment on Hitachi Energy USA Inc.'s premises shall be scheduled in advance to be performed during normal working hours. (b) If the order provides for factory acceptance testing, Hitachi Energy USA Inc. shall notify Purchaser when Hitachi Energy USA Inc. will conduct such testing prior to shipment. Unless Purchaser states specific objections in writing within ten (10) days after completion of factory acceptance testing, completion of the acceptance test constitutes Purchaser's factory acceptance of the Equipment and its authorization for shipment.
(c) If the order provides for site acceptance testing, testing will be performed by Hitachi Energy USA Inc. personnel to verify that the Equipment has arrived at site complete, without physical damage, and in good operating condition. Completion of site acceptance testing constitutes full and final acceptance of the Equipment. If, through no fault of Hitachi Energy USA Inc., acceptance testing is not completed within thirty (30) days after arrival of the Equipment at the site, the site acceptance test shall be deemed completed and the Equipment shall be deemed accepted.
8. Warranties and Remedies.
(a) Equipment and Services Warranty. Hitachi Energy USA Inc. warrants that Equipment (excluding Software, which is warranted as specified in paragraph (d) below) shall be delivered free of defects in material and workmanship and that Services shall be free of defects in workmanship. The Warranty Remedy Period for Equipment (excluding Software, Spare Parts and Refurbished or Repaired Parts) shall end twelve (12) months after installation or eighteen (18) months after date of shipment, whichever first occurs. The Warranty Remedy Period for new spare parts shall end twelve (12) months after date of shipment. The Warranty Remedy Period for refurbished or repaired parts shall end ninety (90) days after date of shipment. The Warranty Remedy Period for Services shall end ninety (90) days after the date of completion of Services.
(b) Equipment and Services Remedy. If a nonconformity to the foregoing warranty is discovered in the Equipment or Services during the applicable Warranty Remedy Period, as specified above, under normal and proper use and provided the Equipment has been properly stored, installed, operated and maintained and written notice of such nonconformity is provided to Hitachi Energy USA Inc. promptly after such discovery and within the applicable Warranty Remedy Period,
Neg #: QT-23-00884964
Hitachi Energy USA Inc. Page 19 of 20 4/6/2023
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Hitachi Energy USA Inc. shall, at its option, either (i) repair or replace the nonconforming portion of the Equipment or re-perform the nonconforming Services or (ii) refund the portion of the price applicable to the nonconforming portion of Equipment or Services. If any portion of the Equipment or Services so repaired, replaced or re-performed fails to conform to the foregoing warranty, and written notice of such nonconformity is provided to Hitachi Energy USA Inc. promptly after discovery and within the original Warranty Remedy Period applicable to such Equipment or Services or 30 days from completion of such repair, replacement or re-performance, whichever is later, Hitachi Energy USA Inc. will repair or replace such nonconforming Equipment or re-perform the nonconforming Services. The original Warranty Remedy Period shall not otherwise be extended.
(c) Exceptions. Hitachi Energy USA Inc. shall not be responsible for providing working access to the nonconforming Equipment, including disassembly and re-assembly of non-Hitachi Energy USA Inc. supplied equipment, or for providing transportation to or from any repair facility, all of which shall be at Purchaser's risk and expense. Hitachi Energy USA Inc. shall have no obligation hereunder with respect to any Equipment which (i) has been improperly repaired or altered; (ii) has been subjected to misuse, negligence or accident; (iii) has been used in a manner contrary to Hitachi Energy USA Inc.'s instructions; (iv) is comprised of materials provided by or a design specified by Purchaser; or (v) has failed as a result of ordinary wear and tear. Equipment supplied by Hitachi Energy USA Inc. but manufactured by others is warranted only to the extent of the manufacturer’s warranty, and only the remedies, if any, provided by the manufacturer will be allowed. (d) Software Warranty and Remedies. Hitachi Energy USA Inc. warrants that, except as specified below, the Software will, when properly installed, execute in accordance with Hitachi Energy USA Inc.'s published specification. If a nonconformity to the foregoing warranty is discovered during the period ending one (1) year after the date of shipment and written notice of such nonconformity is provided to Hitachi Energy USA Inc. promptly after such discovery and within that period, including a description of the nonconformity and complete information about the manner of its discovery, Hitachi Energy USA Inc. shall correct the nonconformity by, at its option, either (i) modifying or making available to the Purchaser instructions for modifying the Software; or (ii) making available at Hitachi Energy USA Inc.'s facility necessary corrected or replacement programs. Hitachi Energy USA Inc. shall have no obligation with respect to any nonconformities resulting from (i) unauthorized modification of the Software or (ii) Purchaser-supplied software or interfacing. Hitachi Energy USA Inc. does not warrant that the functions contained in the software will operate in combinations which may be selected for use by the Purchaser, or that the software products are free from errors in the nature of what is commonly categorized by the computer industry as "bugs". (e) THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES OF QUALITY AND PERFORMANCE, WHETHER
WRITTEN, ORAL OR IMPLIED, AND ALL OTHER WARRANTIES INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USAGE OF TRADE ARE HEREBY DISCLAIMED. THE REMEDIES STATED HEREIN CONSTITUTE PURCHASER’S EXCLUSIVE REMEDIES AND Hitachi Energy USA Inc.’S ENTIRE LIABILITY FOR ANY BREACH OF WARRANTY.
9. Patent Indemnity.
(a) Hitachi Energy USA Inc. shall defend at its own expense any action brought against Purchaser alleging that the Equipment or the use of the Equipment to practice any process for which such Equipment is specified by Hitachi Energy USA Inc. (a “Process”) directly infringes any claim of a patent of the United States of America and to pay all damages and costs finally awarded in any such action, provided that Purchaser has given Hitachi Energy USA Inc. prompt written notice of such action, all necessary assistance in the defense thereof and the right to control all aspects of the defense thereof including the right to settle or otherwise terminate such action in behalf of Purchaser.
(b) Hitachi Energy USA Inc. shall have no obligation hereunder and this provision shall not apply to: (i) any other equipment or processes, including Equipment or Processes which have been modified or combined with other equipment or process not supplied by Hitachi Energy USA Inc.; (ii) any Equipment or Process supplied according to a design, other than an Hitachi Energy USA Inc. design, required by Purchaser; (iii) any products manufactured by the Equipment or Process; (iv) any patent issued after the date hereof; or (v) any action settled or otherwise terminated without the prior written consent of Hitachi Energy USA Inc.. (c) If, in any such action, the Equipment is held to constitute an infringement, or the practice of any Process using the Equipment is finally enjoined, Hitachi Energy USA Inc. shall, at its option and its own expense, procure for Purchaser the right to continue using said Equipment; or modify or replace it with non-infringing equipment or, with Purchaser's assistance, modify the Process so that it becomes non-infringing; or remove it and refund the portion of the price allocable to the infringing Equipment.
THE FOREGOING PARAGRAPHS STATE THE ENTIRE LIABILITY OF Hitachi Energy USA Inc. AND EQUIPMENT MANUFACTURER FOR ANY PATENT INFRINGEMENT.
(d) To the extent that said Equipment or any part thereof is modified by Purchaser, or combined by Purchaser with equipment or processes not furnished hereunder (except to the extent that Hitachi Energy USA Inc. is a contributory infringer) or said Equipment or any part thereof is used by Purchaser to perform a process not furnished hereunder by Hitachi Energy USA Inc. or to produce an article, and by reason of said modification, combination, performance or production, an action is brought against Hitachi Energy USA Inc., Purchaser shall defend and indemnify Hitachi Energy USA Inc. in the same manner and to the same extent that Hitachi Energy USA Inc. would be obligated to indemnify Purchaser under this "Patent Indemnity" provision.
10. Limitation of Liability.
(a) In no event shall Hitachi Energy USA Inc., its suppliers or subcontractors be liable for special, indirect, incidental or consequential damages, whether in contract, warranty, tort, negligence, strict liability or otherwise, including, but not limited to, loss of profits or revenue, loss of use of the Equipment or any associated equipment, cost of capital, cost of substitute equipment, facilities or services, downtime costs, delays, and claims of customers of the Purchaser or other third parties for any damages. Hitachi Energy USA Inc.'s liability for any claim whether in contract, warranty, tort, negligence, strict liability, or otherwise for any loss or damage arising out of, connected with, or resulting from this Agreement or the performance or breach thereof, or from the design, manufacture, sale, delivery, resale, repair, replacement, installation, technical direction of installation, inspection, operation or use of any equipment covered by or furnished under this Agreement, or from any services rendered in connection therewith, shall in no case (except as provided in the section entitled "Patent Indemnity") exceed one-half (1/2) of the purchase price allocable to the Equipment or part thereof or Services which gives rise to the claim. (b) All causes of action against Hitachi Energy USA Inc. arising out of or relating to this Agreement or the performance or breach hereof shall expire unless brought within one year of the time of accrual thereof.
(c) In no event, regardless of cause, shall Hitachi Energy USA Inc. be liable for penalties or penalty clauses of any description or for indemnification of Purchaser or others for costs, damages, or expenses arising out of or related to the Equipment and/Services.
11. Laws and Regulations. Hitachi Energy USA Inc. does not assume any responsibility for compliance with federal, state or local laws and regulations, except as expressly set forth herein, and compliance with any laws and regulations relating to the operation or use of the Equipment or Software is the sole responsibility of the Purchaser. All laws and regulations referenced herein shall be those in effect as of the Proposal date. In the event of any subsequent revisions or changes thereto, Hitachi Energy USA Inc. assumes no responsibility for compliance therewith. If Purchaser desires a modification as a result of any such change or revision, it shall be treated as a change per Article 4. Nothing contained herein shall be construed as imposing responsibility or liability upon Hitachi Energy USA Inc. for obtaining any permits, licenses or approvals from any agency required in connection with the supply, erection or operation of the Equipment. This Agreement shall be governed by the laws of the State of New York, but excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods and excluding New York law with respect to conflicts of law. Purchaser agrees that all causes of action against Hitachi Energy USA Inc. under this Agreement shall be brought in the State Courts of the State of New York, or the U.S. District Court for the Southern District of New York. If any provision hereof, partly or completely, shall be held invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision or portion hereof and these terms shall be construed as if such invalid or unenforceable provision or portion thereof had never existed.
12. OSHA. Hitachi Energy USA Inc. warrants that the Equipment will comply with the relevant standards of the Occupational Safety and Health Act of 1970 ("OSHA") and the regulations promulgated thereunder as of the date of the Proposal. Upon prompt written notice from the Purchaser of a breach of this warranty, Hitachi Energy USA Inc. will replace
the affected part or modify it so that it conforms to such standard or regulation. Hitachi Energy USA Inc.'s obligation shall be limited to such replacement or modification. In no event shall Hitachi Energy USA Inc. be responsible for liability arising out of the violation of any OSHA standards relating to or caused by Purchaser's design, location, operation, or maintenance of the Equipment, its use in association with other equipment of Purchaser, or the alteration of the Equipment Neg #: QT-23-00884964
Hitachi Energy USA Inc. Page 20 of 20 4/6/2023
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13. Software License.
(a) Hitachi Energy USA Inc. owns all rights in or has the right to sublicense all of the Software, if any, to be delivered to Purchaser under this Agreement. As part of the sale made hereunder Purchaser hereby obtains a limited license to use the Software, subject to the following: (i) The Software may be used only in conjunction with equipment specified by Hitachi Energy USA Inc.; (ii) The Software shall be kept strictly confidential; (iii) The Software shall not be copied, reverse engineered, or modified; (iv) The Purchaser's right to use the Software shall terminate immediately when the specified equipment is no longer used by the Purchaser or when otherwise terminated, e.g. for breach, hereunder; and (v) the rights to use the Software are non-exclusive and non-transferable, except with Hitachi Energy USA Inc.'s prior written consent.
(b) Nothing in this Agreement shall be deemed to convey to Purchaser any title to or ownership in the Software or the intellectual property contained therein in whole or in part, nor to designate the Software a "work made for hire" under the Copyright Act, nor to confer upon any person who is not a named party to this Agreement any right or remedy under or by reason of this Agreement. In the event of termination of this License, Purchaser shall immediately cease using the Software and, without retaining any copies, notes or excerpts thereof, return to Hitachi Energy USA Inc. the Software and all copies thereof and shall remove all machine readable Software from all of Purchaser's storage media.
14. Inventions and Information. Unless otherwise agreed in writing by Hitachi Energy USA Inc. and Purchaser, all right, title and interest in any inventions, developments, improvements or modifications of or for Equipment and Services shall remain with Hitachi Energy USA Inc.. Any design, manufacturing drawings or other information submitted to the Purchaser remains the exclusive property of Hitachi Energy USA Inc.. Purchaser shall not, without Hitachi Energy USA Inc.'s prior written consent, copy or disclose such information to a third party. Such information shall be used solely for the operation or maintenance of the Equipment and not for any other purpose, including the duplication thereof in whole or in part.
15. Force Majeure. Hitachi Energy USA Inc. shall neither be liable for loss, damage, detention or delay nor be deemed to be in default for failure to perform when prevented from doing so by causes beyond its reasonable control including but not limited to acts of war (declared or undeclared), Acts of God, fire, strike, labor difficulties, acts or omissions of any governmental authority or of Purchaser, compliance with government regulations, insurrection or riot, embargo, delays or shortages in transportation or inability to obtain necessary labor, materials, or manufacturing facilities from usual sources or from defects or delays in the performance of its suppliers or subcontractors due to any of the foregoing enumerated causes. In the event of delay due to any such cause, the date of delivery will be extended by period equal to the delay plus a reasonable time to resume production, and the price will be adjusted to compensate Hitachi Energy USA Inc. for such delay.
16. Cancellation. Any order may be cancelled by Purchaser only upon prior written notice and payment of termination charges, including but not limited to, all costs identified to the order incurred prior to the effective date of notice of termination and all expenses incurred by Hitachi Energy USA Inc. attributable to the termination, plus a fixed sum of ten (10) percent of the final total price to compensate for disruption in scheduling, planned production and other indirect costs.
17. Termination. No termination by Purchaser for default shall be effective unless, within fifteen (15) days after receipt by Hitachi Energy USA Inc. of Purchaser's written notice specifying such default, Hitachi Energy USA Inc. shall have failed to initiate and pursue with due diligence correction of such specified default.
18. Export Control.
(a) Purchaser represents and warrants that the Equipment and Services provided hereunder and the "direct product" thereof are intended for civil use only and will not be used, directly or indirectly, for the production of chemical or biological weapons or of precursor chemicals for such weapons, or for any direct or indirect nuclear end use. Purchaser agrees not to disclose, use, export or re-export, directly or indirectly, any information provided by Hitachi Energy USA Inc. or the "direct product" thereof as defined in the Export Control Regulations of the United States Department of Commerce, except in compliance with such Regulations. (b) If applicable, Hitachi Energy USA Inc. shall file for a U.S. export license, but only after appropriate documentation for the license application has been provided by Purchaser. Purchaser shall furnish such documentation within Hitachi Energy USA Inc. a reasonable time after order acceptance. Any delay in obtaining such license shall suspend performance of this Agreement by Hitachi Energy USA Inc.. If an export license is not granted or, if once granted, is thereafter revoked or modified by the appropriate authorities, this Agreement may be canceled by Hitachi Energy USA Inc. without liability for damages of any kind resulting from such cancellation. At Hitachi Energy USA Inc.'s request, Purchaser shall provide to Hitachi Energy USA Inc. a Letter of Assurance and End-User Statement in a form reasonably satisfactory to Hitachi Energy USA Inc..
19. Assignment. Any assignment of this Agreement or of any rights or obligations under the Agreement without prior written consent of Hitachi Energy USA Inc. shall be void.
20. Nuclear Insurance – Indemnity. For applications in nuclear projects, the Purchaser and/or its end user customer shall have complete insurance protection against liability and property damage resulting from a nuclear incident to and shall indemnify Hitachi Energy USA Inc., its subcontractors, suppliers and vendors against all claims resulting from a nuclear incident.
21. Resale. If Purchaser resells any of the Equipment, the sale terms shall limit Hitachi Energy USA Inc.'s liability to the buyer to the same extent that Hitachi Energy USA Inc.'s liability to Purchaser is limited hereunder.
22. Entire Agreement. This Agreement constitutes the entire agreement between Hitachi Energy USA Inc. and Purchaser. There are no agreements, understandings, restrictions, warranties, or representations between Hitachi Energy USA Inc. and Purchaser other than those set forth herein or herein provided.
Attachment B
Sole Source
Item Number: 13
City Council / Board of Directors
Written Communications
Meeting of: May 2, 2023
Submitted By:
C. Eric Ray, Airport Director
Subject:
General Services Provider Agreement between Mission Ambulance, Inc. dba Mission Aviation Fire Rescue and the Southern California Logistics Airport Authority for Aircraft Rescue and Fire Fighting Services Project CC23-088
Recommendation:
That Your Honorable Southern California Logistics Airport Authority Board of Directors approve the award of a General Services Provider Standard Agreement (“Agreement”) to Mission Ambulance, Inc. dba Mission Aviation Fire Rescue (“Mission Aviation Fire Rescue”), in the amount not to exceed $7,814,420 for Aircraft Rescue and Fire Fighting Services, Project CC23-088.
Fiscal Impact:
The initial term of the Agreement presented herein will impact Airport Fund 450 expenditures over five fiscal years as shown below:
FY 2023/2024 FY 2024/2025 FY 2025/2026 FY 2026/2027 FY 2027/2028 $1,452,880 $1,505,680 $1,560,700 $1,617,880 $1,677,280
The Agreement Compensation of $7,814,420 includes $7,164,420 for regularly scheduled ARFF services provided to the SCLA and $650,000 for additional exclusive services as may be requested by airport tenants. The fees for additional exclusive services are reimbursed by the requesting tenant.
There is no fiscal impact to the current 2022/2023 fiscal year budget as the Agreement term begins July 1, 2023, the next fiscal year. Future appropriations for the Agreement will be considered at the time the annual budget is approved. 2 2
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Strategic Plan Goal:
Goal B. Public Safety: This contract provides firefighting services at the SCLA for the purpose of providing certain dedicated public safety services.
Goal C. Community Economic Development: This contract is critical to ensuring aircraft operations that are fundamental to the aviation related economic development at the SCLA.
Background:
The Southern California Logistics Airport Authority (“SCLAA”) operates the Southern California Logistics Airport (“SCLA”), certified in accordance with Federal Aviation Regulation (FAR) Part 139. As such, certain Aircraft Rescue and Fire Fighting (“ARFF”) capabilities, defined as an “Index” ranging from “A” to “E”, must be maintained. An Index specifically refers to the type of ARFF equipment and volume of fire extinguishing agent that the SCLA must provide based upon the length of air carrier aircraft used and the frequency of air carrier operations. Currently, the Federal Aviation Administration (“FAA”) has published the SCLA as an Index “C” airport which allows for unlimited air carrier operations in aircraft up to, and including, the largest of the Boeing 737 family of aircraft.
It also allows for four average daily air carrier operations in aircraft up to the size of the Boeing 767 and 787-8. The SCLA is also published as being capable of providing an Index “E” for the largest aircraft with 24 hours prior notice to the Airport Operations Staff.
This provision is in effect as some civilian aircraft operators of very large aircraft and certain military aircraft operators require either an Index “D” or “E”. FAR Part 139 also specifies numerous operational requirements including those pertaining to: personnel training; minimum personnel qualifications; fueling facility inspections; and documentation.
To meet the Index “C” through “E” requirements, the SCLA owns four specialized airport fire trucks that carry large volumes of water and are capable of producing a foam concentrate specifically designed to fight aircraft fires and improve passenger survivability. The trucks are based out of the Airport ARFF Station, which is currently staffed by Mission Ambulance Inc, dba Mission Aviation Fire Rescue.
Since June 5, 2018, Mission Aviation Fire Rescue has provided ARFF services to the SCLA for the purpose of meeting the FAR Part 139 requirements, with a primary purpose of responding to aircraft emergencies in less than three minutes. Additionally, Mission Aviation Fire Rescue performs ancillary fueler and fuel farm inspections, lease compliance inspections, and tenant training duties.
Discussion:
The term of the current agreement with Mission Aviation Fire Rescue will expire June 30, 2023, resulting in the need to resolicit for ARFF services. To procure a qualified service provider, staff prepared a comprehensive Request for Proposal (“RFP”) for the solicitation of ARFF services. An RFP is a formal solicitation whereby the respondents are required to submit a formal, written proposal to address items detailed in the scope of services.
The proposal submission should describe how and when the proposer intends to perform the scope of services, and the associated cost. RFP solicitations are based on 2 2
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qualifications, which is why the RFP bid forms that contain pricing information must be submitted in a sealed envelope separate from the rest of the proposal submission. The intent is to ensure the contract is awarded to a qualified company that has been vetted through a bona fide process, although they may not be the lowest price proposer. The lowest proposer is not automatically guaranteed a contract, such contracts should only be awarded to firms or persons who have demonstrated an adequate level of experience, competence, staffing and other professional qualifications necessary for satisfactory performance of the solicited services.
The RFP was advertised in two local newspaper publications, posted on the City of Victorville website, and with the American Association of Airport Executives (AAAE).
AAAE also posted an advertisement on the AAAE ARFF Working Group web page. Since the ARFF Working Group is the preeminent professional association for the ARFF industry, the RFP received broad advertising exposure. Additionally, staff searched the internet and located a total of 13 firms that might be capable of providing the needed service, although only 9 of which were based in the United States.
Staff carefully reviewed the two bid submissions and evaluated each for completeness and accuracy. A selection committee comprised of the Airport Director, the Airport Operations and Maintenance Manager, Airport Business Analyst, and Airport Fiscal Specialist conducted a detailed evaluation of both submissions based on the criteria specified in the solicitation. The evaluation criteria used to score the submissions included: experience, past performance, qualifications, price, completeness of a proposed start-up schedule, familiarity with the SCLA, a value-added component, and other relevant factors. Each member of the selection committee completed their own evaluation forms which are summarized as follows:
Company: Point Rating by
Evaluator:
Average
Overall
A B C D
Mission Aviation Fire Rescue, Corona, CA 72 72 72 71 71.75 Rural/Metro Fire Dept., Inc., Nokomis, FL 40 38 37 38 38.25 At the end of the screening process, Mission Aviation Fire Rescue received the highest overall rating, identifying them as the “best value bidder”. In accordance with City of Victorville Municipal Code §2.28.040, the “best value bidder” is the respondent that represents the best value to the SCLAA as determined upon the careful evaluation of bona fide criteria.
The Agreement presented herein has been competitively solicited in accordance with the City of Victorville Municipal Code §2.28.100, which defines the bidding requirements for purchases of general services, supplies, and equipment in excess of fifty thousand dollars. Therefore, staff recommends that Your Honorable Board of Directors approve the award of a General Services Provider Standard Agreement to Mission Aviation Fire Rescue, for ARFF Services Project #CC23-088, in the amount not to exceed $7,814,420. 2 2
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Staff remains available for any questions or comments you may have.
CER/hdk
Attachments: A. Site Map
B. General Services Provider Standard Agreement #CC23-088
ATTACHMENT A
SITE MAP
ARFF Station
ATTACHMENT B
GENERAL SERVICES PROVIDER
STANDARD AGREEMENT
1 General Services Provider Standard Agreement /MISSION FIRE/AIRCRAFT RESCUE FIRE FIGHTING (ARFF) SERVICES PROJECT #CC23-088
GENERAL SERVICES PROVIDER STANDARD AGREEMENT
BY AND BETWEEN
THE SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY
AND
MISSION AMBULANCE, INC. DBA
MISSION AVIATION FIRE RESCUE
FOR
AIRCRAFT RESCUE AND FIRE FIGHTING (ARFF) SERVICES
PROJECT #CC23-088
THIS GENERAL SERVICES PROVIDER STANDARD AGREEMENT
(hereinafter “Agreement”), dated this __________________ day of ______________, 20___, for reference purpose only, is made and entered into by and between the Southern California Logistics Airport Authority, a joint powers authority located in the County of San Bernardino, State of California, hereinafter referred to as “SCLAA”, and Mission Ambulance, Inc. dba Mission Aviation Fire Rescue, a California corporation, hereinafter referred to as “Service Provider.” The SCLAA and Service Provider are sometimes hereinafter referred to individually as a “Party” and collectively referred to as the “Parties.”
RECITALS:
WHEREAS, the SCLAA requires ARFF Services, Project CC23-088; and
WHEREAS, in light of the facts set forth above, the SCLAA desires to retain the services of a qualified service provider to provide, on an independent contractor basis, ARFF Services; and
NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS,
CONDITIONS, AND PROMISES CONTAINED HEREIN AND FOR SUCH OTHER
GOOD AND VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS:
Section 1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth fully herein.
Section 2. SCOPE OF SERVICES
Service Provider shall provide to the SCLAA those services set forth in the Scope of Services, attached hereto as Exhibit “A”, and incorporated as part of this Agreement by this reference.
2 General Services Provider Standard Agreement /MISSION FIRE/AIRCRAFT RESCUE FIRE FIGHTING (ARFF) SERVICES PROJECT #CC23-088
Section 3. COMPENSATION
The SCLAA shall pay a total amount not to exceed S EVEN MILLION, EIGHT HUNDRED FOURTEEN THOUSAND, FOUR HUNDRED TWENTY AND 00/100 DOLLARS ($7,814,420.00) for the services rendered by Service Provider pursuant to this Agreement, subject to the provisions of Section 4.
Section 4. FEE SCHEDULE
The SCLAA shall pay Service Provider as provided in the Fee Schedule, attached hereto as Exhibit “B” and incorporated as part of this Agreement by this reference. The provisions of Exhibit “B” notwithstanding, in order to receive payments, Service Provider shall be required to submit to the SCLAA monthly invoices detailing all services performed. Provided that services have been satisfactorily rendered, invoices shall be paid by the SCLAA approximately thirty (30) working days following receipt of Service Provider’s invoice.
Section 5. RESERVED
Section 6. TERM OF AGREEMENT
This Agreement shall be for an initial term of FIVE YEARS (5) , commencing on JULY 1, 2023 (the “Commencement Date”) and expiring on JUNE 30, 2028 (the “Termination Date”) (the “Term”) , unless terminated earlier pursuant to Section 21 of this Agreement. From and after the Termination Date, and upon subsequent agreement by the Parties, this Agreement may continue on a month- to-month basis until terminated pursuant to Section 21 below.
This Agreement may be extended for FOUR (4) additional one- year periods (hereinafter “Option Periods”), at the option of SCLAA, subject to satisfactory performance as determined by the SCLAA. The SCLAA shall give Service Provider sixty (60) days advance written notice prior to the expiration the initial Term and sixty (60) days advance written notice prior to the expiration date of each subsequently exercised Option Period, if any, should the SCLAA decide to exercise its option(s) to extend. In the event the SCLAA does not give Service Provider such written notice of its option to extend, this Agreement shall terminate at the end of the then-current Term or Option Period without further notice from either Party, unless terminated earlier pursuant to the provisions of Section 21 below. Should the SCLAA fail to give Service Provider the sixty (60) days written notice of its intention to exercise any Option Period, the SCLAA may, in its sole discretion, elect to exercise any Option Period at a later date, following written inquiry from Service Provider.
Section 7. INDEPENDENT CONTRACTOR STATUS
Service Provider shall at all times during the Initial Term of this Agreement, and (if applicable during any Option Periods), perform the services described in this Agreement as an independent contractor.
3 General Services Provider Standard Agreement /MISSION FIRE/AIRCRAFT RESCUE FIRE FIGHTING (ARFF) SERVICES PROJECT #CC23-088
Section 8. REPRESENTATIONS AND ACKNOWLEDGMENTS
REGARDING INDEPENDENT CONTRACTOR’S
STATUS OF SERVICE PROVIDER
a. Service Provider represents and acknowledges the following:
(1) The SCLAA is not required to provide any training or legal counsel to Service Provider or its employees in order for Service Provider to perform the services described in this Agreement.
(2) Performance of the services described in this Agreement do not have to be integrated into the daily business operations of the SCLAA.
(3) The services described in this Agreement can be performed without the use of the SCLAA equipment, materials, tools, or facilities, unless otherwise provided under a separate Agreement.
(4) Nothing in this Agreement shall be interpreted to imply that the SCLAA must maintain any contractual relationship with Service Provider on a continuing basis after termination of this Agreement.
(5) The SCLAA will not be requested or demanded to assume any liability for the direct payment of any salary, wage, or other such compensat ion to any person employed by Service Provider to perform the services described in this Agreement.
(6) Service Provider shall not at any time or in any manner represent that it or any of its officers, employees, or agents are employees of the SCLAA.
b. The SCLAA represents and acknowledges the following:
(1) Service Provider is solely responsible for determining who, under the supervision or direction of Service Provider, will perform the services set forth in this Agreement.
(2) The SCLAA will not hire, supervise, or pay any employees or assistants working for Service Provider pursuant to this Agreement. Nothing contained in this Agreement shall prevent the SCLAA from hiring Service Provider’s employees or assistants after termination of this Agreement.
(3) Nothing in this Agreement shall be interpreted to imply that Service Provider must maintain any contractual relationship with the SCLAA on a continuing basis after termination of this Agreement.
(4) It is the sole responsibility of Service Provider to set the hours in which Service Provider performs or plans to perform the services set forth in this Agreement.
4 General Services Provider Standard Agreement /MISSION FIRE/AIRCRAFT RESCUE FIRE FIGHTING (ARFF) SERVICES PROJECT #CC23-088
(5) Service Provider is not required to devote full time to the business operations of the SCLAA in order to perform the services set forth in this Agreement.
(6) Unless deemed necessary under certain circumstances, Service Provider is not required to perform the services set forth in this Agreement at City Hall or on the SCLAA-owned property.
(7) Nothing in this Agreement shall be interpr eted to preclude Service Provider from working for other persons or firms, provided that such work does not create a conflict of interest.
Section 9. NOT AGENT OF THE SCLAA
a. Nothing contained in this Agreement shall be deemed, construed, or represented by the SCLAA or Service Provider or by any third person to create the relationship of principal and agent.
b. Service Provider shall have no authority, express or implied, to act on behalf of the SCLAA in any capacity whatsoever as an agent, nor shall Service Provider have any authority, express or implied, to bind the SCLAA to any obligation whatsoever.
Section 10. LICENSES AND PERMITS
Service Provider represents that it has obtained and will maintain at all times during the initial Term, and (if applicable, during any Option Periods) of this Agreement all business licenses, including but not limited to a City of Victorville business license, certifications, or permits necessary for performing the services described in this Agreement.
Section 11. WARRANTY
Service Provider agrees to perform all services required by this Agreement in a workmanlike competent and satisfactory manner in accordance with the standards prevalent in the industry for such services.
Section 12. FAMILIARITY WITH WORK
Should Service Provider discover any latent or unknown conditions materially differing from those inherent in the services or as represented by the SCLAA, Service Provider shall immediately inform the SCLAA of such fact and shall not provide any services, except at Service Provider's risk, until written instructions are received from C.
Eric Ray, Airport Director or his designee.
Section 13. CONFLICTS OF INTEREST
Service Provider covenants that it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the 5 General Services Provider Standard Agreement /MISSION FIRE/AIRCRAFT RESCUE FIRE FIGHTING (ARFF) SERVICES PROJECT #CC23-088
performance of Service Provider’s services under this Agreement. Service Provider further covenants that in the performance of services under this Agreement, no officer, employee or agent of Service Provider having such an interest shall be employed by it.
In the event the SCLAA determines that Service Provider must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Service Provider shall file such Form 700 with Authority Secretary’s Office pursuant to the written instructions provided by the Authority Secretary.
Section 14. COMPLIANCE WITH LAWS
Service Provider shall comply with all local, state, and federal laws and regulations applicable to the services to be rendered hereunder, including any rule, regulation, or bylaw governing the conduct or performance of Service Provider or its employees, officers, or board members.
Section 15. COMMERCIAL GENERAL AND
AUTOMOBILE LIABILITY INSURANCE
a. Service Provider shall procure and maintain at its own expense, during the initial Term of this Agreement, and (if applicable, during any Option Periods), commercial general liability insurance, of not less than One Million Dollars ($1,000,000) per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or damage resulting from the wrongful or negligent acts by Service Provider or its officers, employees, servants, volunteers, and agents and independent contractors.
b. Service Provider shall further procure and maintain, at its own expense, during the initial Term of this Agreement, and (if applicable, during any Option Periods) commercial vehicle liability insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) combined single limit, covering any vehicle utilized by Service Provider or its officers, employees, servants, volunteers, agents and independent contractors in performing the services required by this Agreement.
Section 16. WORKERS' COMPENSATION INSURANCE
a. Service Provider shall procure and maintain at its own expense, during the initial Term of this Agreement, and (if applicable, during any Option Periods), workers' compensation insurance, providing coverage as required by the California State Workers' Compensation Law.
b. If any class of employees employed by the Service Provider pursuant to this Agreement is not protected by the California State Workers' Compensation Law, Service Provider shall provide adequate insurance for the protection of such employees to the satisfaction of the SCLAA.
Section 17. RESERVED
6 General Services Provider Standard Agreement /MISSION FIRE/AIRCRAFT RESCUE FIRE FIGHTING (ARFF) SERVICES PROJECT #CC23-088
Section 18. ADDITIONAL INSURED
Service Provider shall require the carriers of all required insurance policies to waive a ll rights of subrogation against the SCLAA, the City of Victorville, and their respective officials, officers, employees, servants, volunteers, agents, independent contractors, and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver.
Section 19. WAIVER OF SUBROGATION RIGHTS
Service Provider shall require the carriers of all required insurance policies to waive all rights of subrogation against the SCLAA, the City of Victorville, and their respective officials, officers, employees, servants, volunteers, agents, independent contractors, and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver.
Section 20. PROOF OF INSURANCE COVERAGE;
REQUIRED ENDORSEMENTS
a. Service Provider shall secure from a good and responsible company or companies authorized to transact insurance business in the State of California, the policies of insurance required by this Agreement and furnish to the Authority Secretary certificates of insurance evidencing the required coverage, and policy endorsements at least one (1) business day prior to the commencement of any services to be performed under this Agreement.
b. The policies and certificates of insurance shall be endorsed to provide that in the event of cancellation or amendment of any required insurance policy for any reason whatsoever, the SCLAA shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. In the case of cancellation for non-payment, ten (10) days advance written notice shall be given. c. Each policy and certificate of insurance shall be endorsed to provide that the policy shall not be terminated or expire without first providing thirty (30) days writt en notice to the SCLAA of such termination or expiration.
d. Each policy and certificate of insurance shall be endorsed to provide that the policy will be maintained throughout the Initial Term, and (if applicable during any Option Periods) of this Agreement.
e. The commercial general liability and vehicle liability policies shall be endorsed to contain the following provision: “For any claims related to this Agreement, Service Provider’s coverage shall be primary with respect to the SCLAA. Any insurance maintained by the SCLAA shall be in excess of Service Provider’s insurance and shall not contribute with it.”
7 General Services Provider Standard Agreement /MISSION FIRE/AIRCRAFT RESCUE FIRE FIGHTING (ARFF) SERVICES PROJECT #CC23-088
Section 21. TERMINATION OR SUSPENSION
a. This Agreement may be terminated or suspended without cause by either Party at any time, provided that the Party initiating the termination provides the other Party at least One Hundred Eighty (180) days advance written notice of such termination or suspension. In the event of such termination, the SCLAA shall only be liable for payment under the payment provisions of this Agreement for satisfactory services rendered or supplies actually furnished prior to the effective date of termination.
b. This Agreement may be terminated or suspended with cause by either Party at any time, provided that the Party initiating termination provides the other Party at least Ninety (90) days advance written notice of such termination or suspension. In the event of such termination, the SCLAA shall only be liable for payment under the payment provisions of this Agreement for satisfactory services rendered or supplies actually furnished prior to the effective date of termination.
Section 22. TIME OF THE ESSENCE
Time is of the essence in the performance of this Agreement.
Section 23. INDEMNIFICATION
a. Service Provider shall defend, indemnify, and hold harmless the SCLAA, its officers, employees, representatives, and agents, from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys fees, for any personal injuries, deaths, or property damage (including property owned by the SCLAA), which may arise out of Service Provider's negligence or willful misconduct in the performance of the services described in this Agreement, unless such losses or damages are proven to be caused by the SCLAA's own negligence or willful misconduct, or that of its officers or employees.
b. The SCLAA does not and shall not waive any rights that it may have against Service Provider under this Section, because of the acceptance by the SCLAA, or the deposit with the SCLAA, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions of this Section shall apply regardless of whether said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense described herein.
Section 24. REPORTS
Upon request by C. Eric Ray, Airport Director or his designee, Service Provider shall prepare and submit reports to the SCLAA concerning Service Provider's performance of the services required by this Agreement.
Section 25. RECORDS
a. Service Provider shall keep such books and records as shall be necessary 8 General Services Provider Standard Agreement /MISSION FIRE/AIRCRAFT RESCUE FIRE FIGHTING (ARFF) SERVICES PROJECT #CC23-088
to perform the services required by this Agreement and enable C. Eric Ray, Airport Director or his designee, to evaluate the cost and the performance of such services.
b. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles.
c. C. Eric Ray, Airport Director or his designee, shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
d. Records and supporting documents pertaining to the use of funds paid to Service Provider hereunder shall be retained by Service Provider and made available to C. Eric Ray, Airport Director or his designee, for purposes of performing an audit for a period of five (5) years from the date of termination of this Agreement.
Section 26. RESERVED
Section 27. CONFIDENTIALITY
a. Any and all documents and information obtained from the SCLAA or prepared by Service Provider for the SCLAA shall be kept strictly confidential unless otherwise provided by applicable law. All the SCLAA data, documents and information shall be returned to the SCLAA upon termination of the Agreement.
b. Any drawings, specifications, reports, records, documents, or other materials prepared by Service Provider in the performance of services under this Agreement shall not be released publicly without the prior written approval of C. Eric Ray, Airport Director, or his designee, or as required by applicable law.
c. Service Provider shall not disclose to any other entity or person any information regarding the activities of the SCLAA, except with the prior written approval of C. Eric Ray, Airport Director or his designee, or as required by applicable law.
Section 28. PRINCIPAL REPRESENTATIVES
a. Daniel Gold, CEO, is designated as the principal representative of Service Provider for purposes of communicating with the SCLAA on any matter associated with the performance of the services set forth in this Agreement.
b. C. Eric Ray, Airport Director or his designee, shall be the principal representative(s) of the SCLAA for purposes of communicating with Service Provider on any matter associated with the performance of the services set forth in this Agreement. c. Either Party may designate another individual as its principal representative by giving written notice of such designation to the other Party.
9 General Services Provider Standard Agreement /MISSION FIRE/AIRCRAFT RESCUE FIRE FIGHTING (ARFF) SERVICES PROJECT #CC23-088
Section 29. MODIFICATIONS AND AMENDMENTS
This Agreement may be modified or amended only by a written instrument signed by both Parties.
Section 30. ENTIRE AGREEMENT
a. This Agreement supersedes any and all prior or contemporaneous Agreements, either oral or written, between the SCLAA and Service Provider with respect to the subject matter of this Agreement.
b. This Agreement contains all of the covenants and Agreements between the Parties with respect to the subject matter of this Agreement, and each Party to this Agreement acknowledges that no representations, inducements, promises, or Agreements have been made by or on behalf of any Party, except those covenants and Agreements in this Agreement.
c. No Agreement, statement, or promise with respect to the subject matter of this Agreement, which is not contained in this Agreement, or in a valid modification or amendment to this Agreement, shall be valid or binding on either Party.
Section 31. AMBIGUITIES
This Agreement is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted against either of them. Except as expressly limited by this paragraph, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Agreement.
Notwithstanding the foregoing, the Parties agree that Exhibit “B” is attached hereto for reference purposes and to the extent there are any ambiguities, inconsistencies or conflicts between the terms of this General Services Provider Standard Agreement and Exhibit “B” , the terms of this General Services Provider Standard Agreement shall control and nothing set forth in Exhibi t “B” shall be deemed to supersede any of the provisions of this General Services Provider Standard Agreement.
Section 32. NOTICES
a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the Parties as follows:
10 General Services Provider Standard Agreement /MISSION FIRE/AIRCRAFT RESCUE FIRE FIGHTING (ARFF) SERVICES PROJECT #CC23-088
To the SCLAA: C. Eric Ray, Airport Director
Southern California Logistics Airport Authority
18374 Phantom West
Victorville, CA 92394
To Provider: Daniel Gold, CEO
Mission Ambulance, Inc., dba
Mission Aviation Fire Rescue
1055 E. Third Street
Corona, CA 92879
b. Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.
Section 33. NON-LIABILITY OF THE SCLAA OFFICERS
AND EMPLOYEES
No officer or employee of the SCLAA shall be personally liable to Service Provider, or any successor in interest, in the event of any default or breach by the SCLAA or for any amount, which may become due to Service Provider or to its successor(s), or for any breach of any obligation of the terms of this Agreement.
Section 34. REVIEW BY ATTORNEYS
Each Party hereto has had its attorney(s) review this Agreement and all related documents. Each Party hereto has consulted with its attorney(s) and has negotiated the terms of this Agreement based on such consultation.
Section 35. WAIVER
a. No waiver shall be binding unless executed in writing by the Party making the waiver.
b. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision.
c. Failure of either Party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of such provision or any of the remaining provisions of this Agreement.
Section 36. ASSIGNMENT
This Agreement shall not be assigned by either Party without prior written consent of the other Party.
11 General Services Provider Standard Agreement /MISSION FIRE/AIRCRAFT RESCUE FIRE FIGHTING (ARFF) SERVICES PROJECT #CC23-088
Section 37. CARE OF WORK
The performance of services by Service Provider or the payment of money by the SCLAA shall not relieve Service Provider from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to the SCLAA, when such incomplete, inaccurate or defective work is due to the negligence of Service Provider.
Section 38. CAPTIONS AND HEADINGS
The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.
Section 39. SUCCESSORS, HEIRS, AND ASSIGNS
Except as otherwise expressly provided herein, this Agreement shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties to this Agreement and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties.
Section 40. GENDER
In this Agreement, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another.
Section 41. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs, or sections contained herein is declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.
Section 42. GOVERNING LAW
The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the Parties under this Agreement, shall be construed pursuant to and in accordance with California law.
Section 43. DEFAULT
a. Failure or delay by any Party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided however, that if the Party who is otherwise claimed to be in default by the oth er Party commences to cure, correct, or remedy the alleged default within fifteen (15) days after receipt of written notice specifying such default and shall diligently complete such cure, 12 General Services Provider Standard Agreement /MISSION FIRE/AIRCRAFT RESCUE FIRE FIGHTING (ARFF) SERVICES PROJECT #CC23-088
correction, or remedy, such Party shall not be deemed to be in default hereunder.
b. The Party claiming that a default has occurred shall give written notice of default to the Party in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured Party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice, as specified herein.
c. Any failure or delay by a Party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default.
d. In the event that a default by any Party to this Agreement may remain uncured for more than fifteen (15) days following written notice, as provided above, the injured Party shall be entitled to seek any appropriate remedy or damages by initiating legal proceedings.
Section 44. CUMULATIVE REMEDIES
Except with respect to rights and remedies expressly declared to be exc lusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other Party.
Section 45. VENUE
All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in San Bernardino County, California.
Section 46. ATTORNEYS’ FEES
In the event any action, suit, or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement, or as a result of any alleged breach of any provision of this Agreement, the prevailing Party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorneys’ fees, from the losing Party, and any judgment or decree rendered in such a proceeding shall include an award thereof.
Section 47. EFFECTIVENESS OF AGREEMENT
This Agreement shall not be binding upon the SCLAA, until signed by the authorized representative(s) of Service Provider, approved by the SCLAA’s Risk Manager, and executed by the authorized the SCLAA personnel or Authority Chairman.
13 General Services Provider Standard Agreement /MISSION FIRE/AIRCRAFT RESCUE FIRE FIGHTING (ARFF) SERVICES PROJECT #CC23-088
Section 48. REPRESENTATIONS OF PARTIES AND
PERSONS EXECUTING AGREEMENT
a. Each of the Parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the Parties hereto. b. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the Parties each purports to represent.
Section 49. COUNTERPARTS
This Agreement may be executed by the Parties in counterparts, and when executed by each of the Parties, each counterpart shall be deemed to be a part of this Agreement.
(END OF THIS PAGE)
14 General Services Provider Standard Agreement /MISSION FIRE/AIRCRAFT RESCUE FIRE FIGHTING (ARFF) SERVICES PROJECT #CC23-088
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the dates written below.
SOUTHERN CALIFORNIA LOGISTICS MISSION AMBULANCE, INC., DBA
AIRPORT AUTHORITY MISSION AVIATION FIRE RESCUE
By: _____________________________ By: _____________________________ Debra Jones, Daniel Gold,
Authority Chairman CEO
Dated: ___________________________ Dated: _________________________
ATTEST
By:_______________________________
Jennifer Thompson,
Authority Secretary
Dated:_____________________________
SOUTHERN CALIFORNIA LOGISTICS APPROVED AS TO STANDARD FORM
AUTHORITY
By: ______________________________ By: _____________________________ John Preston, Andre de Bortnowsky,
Authority Risk Manager Authority Legal Counsel
Dated: ___________________________ Dated: _________________________
EXHIBIT A
SCOPE OF SERVICES
See Attachment
15/General Services Provider Standard Agreement /MISSION FIRE/AIRCRAFT RESCUE FIRE FIGHTING (ARFF) SERVICES PROJECT #CC23-088
SOUTHE
RN CALIFORNIA LOGISTICS AIRPORT AUTHORITY (SCLAA)
CC23-088 AIRCRAFT RESCUE FIRE FIGHTING (ARFF) SERVICES
SECTIO
N B - SCOPE OF SERVICES
I. BACKGROUND
Southern Ca
lifornia Logistics Airport (SCLA) encompasses approximately 2,300 acres of the former George Air Force Base (GAFB). The SCLA is located in the northwest corner of the City of Victorville, in the southeast corner of Mojave Desert, approximately 90 miles northeast of Los Angeles. GAFB was officially decommissioned in December 1992.
The Southern California International Airport (SCIA), the immediate predecessor to the SCLA, opened in October 1994, when the Air Force executed a lease for about 2,300 acres of the former base. The Federal Aviation Administration (FAA) granted the SCLA a FAR Part 139 operating certificate in February 1995 to serve scheduled aircraft carrying over 30 passengers.
The former base has been redeveloped as an aircraft maintenance and completion center under the SCLA name. During the past few years, the SCLA has grown to the point of having leased all its tenable properties.
The SCLA has two runways and ten taxiways. The longer runway, Runway 17/35, is a precision runway and is 13,051 feet long. The secondary runway, Runway 3/21, is a 9,138- foot-long visual runway. The SCLA operates navigational aids, including a Localizer, VOR, four Precision Approach Path Indicator (PAPI) systems, two Runway End Identifier Lights (REIL) systems, a segmented circle with a primary wind cone, and three secondary lighted wind cones.
This Reques
t for Proposal (RFP) is being issued to solicit proposals from qualified ARFF providers, who have the working knowledge of ARFF services, with particular emphasis on the ARFF requirements of FAR Part 139.
The type and amount of AR
FF services required is determined by each airport’s Class and Index. An airport’s class is determined by the type of air carrier operations taking place. The SCLA operates under a Class IV classification, meaning that it operates unscheduled large air carrier aircraft. An airport’s Index is determined by the length of the applicable aircraft, the number seats, and average daily departures. Index A includes aircraft less than 90 feet, Index B includes aircraft at least 90 feet and less than 126 feet, Index C includes aircraft at least 126 feet and less than 159 feet in length, Index D includes aircraft at least 159 feet and less than 200 feet in length, while Index E includes aircraft over 200 feet in length. The SCLA currently provides ARFF services 24 hours per day, 365 days per year at an Index C, with D and E capabilities available upon a 24-hour Prior Planning Request (PPR).
ARFF serv
ices are provided during all commercial passenger operations in accordance with FAR Part 139, to respond to any emergency that could occur on the airfield involving an aircraft. Typically, flights coming into and out of the SCLA are not commercial passenger operations.
EXHIBIT "A"
16/General Services Provider Standard Agreement /MISSION FIRE/AIRCRAFT RESCUE FIRE FIGHTING (ARFF) SERVICES PROJECT #CC23-088
II. SCOPE OF SERVICES
Description of Services – The s elected ARFF Firm shall provide all manpower, materials, supplies, training, and equipment (except as otherwise provided by the SCLA) and shall administer, plan, schedule, coordinate, and ensure the effective performance all services described herein at:
Southern Cali
fornia Logistics Airport
18374 Phantom West
Victorville, CA 92394
This RFP see
ks ARFF Firms willing to propose on the attached Bid Proposal Sheet. The selected ARFF Firm shall ensure it completely satisfies the following criteria during the term of its Agreement to provide ARFF services at the SCLA:
A. The sel
ected ARFF Firm shall provide a Battalion Chief to serve as the qualified management level firefighter, the SCLA ARFF Chief, and authorized ARFF trainer. The SCLA ARFF Chief shall be fully qualified as an ARFF firefighter (as defined below), trained and qualified in the National Incident Management System (NIMS), and responsible for meeting the day to day, operational requirements of this RFP, including the Bid Proposal and Agreement documents. The ARFF Chief shall work a 40 hour per week schedule, Monday through Friday, and report to the Airport Director. This position is also expected to attend management, administrative, planning, and emergency training meetings in order to serve the needs of the SCLA and represent its ARFF Division.
B. The select
ed ARFF Firm shall provide the appropriate number of supervisory level firefighters that shall serve in the capacity of SCLA ARFF Captains. The ARFF Captains shall be fully qualified as ARFF firefighters (as defined below) and shall serve as the on- duty crew supervisors and will likely act in the capacity of the first Incident Commander of any SCLA fire related emergency. The ARFF Captains shall be fully trained and competent in the operation of all the SCLA’s ARFF vehicles, as depicted on Attachment A. The selected ARFF Firm shall ensure an ARFF Captain is scheduled for each shift.
C. The select
ed ARFF Firm shall provide the appropriate number of basic level firefighters that shall serve in the capacity of SCLA ARFF Firefighters. These individuals shall be fully qualified as ARFF firefighters (as defined below) and shall be trained and competent in the operation of all the SCLA’s ARFF vehicles, as depicted on Attachment A.
D. FAR Part 13
9.319 requires that the ARFF personnel shall be properly trained in airport firefighting operations by an authorized ARFF trainer. The selected ARFF Firm shall ensure its ARFF staff meets these requirements in a manner consistent with FAA Advisory Circular 150/5210-17C. Recurrent training of these subjects must occur within twelve (12) consecutive calendar months. The training includes:
• Airport Familiarization
• General Aircraft Familiarization (including hazards, power plants, extrication and egress procedures)
• Rescue and Firefighting Personnel safety
• Emergency communications systems on the Airport
EXHIBIT "A"
17/General Services Provider Standard Agreement /MISSION FIRE/AIRCRAFT RESCUE FIRE FIGHTING (ARFF) SERVICES PROJECT #CC23-088
• Use of hoses, nozzles, turrets, and appliances
• Application of the types of extinguishing agents
• Emergency aircraft evacuation assistance
• Firefighting operations
• Adapting and using structural rescue and firefighting equipment for aircraft rescue and firefighting
• Aircraft cargo hazards
• Familiarization with firefighters’ duties under the Airport emergency plan • Annual Live Fire Burn Training
E. Additionall
y, FAR Part 139.319 requires that at least one of the required personnel on duty during air carrier operations be trained, and current, in basic emergency medical care. All personnel of the selected ARFF Firm on duty at the SCLA shall instead meet the requirements of a state licensure for Emergency Medical Technician (EMT).
F. The SCLA owns
four (4) ARFF vehicles (see A ttachment A). The vehicles carry the required equipment and agents to be in compliance with FAR Part 139.317. The ARFF Firm shall ensure all firefighters are fully trained and competent in the operation of all the SCLA’s ARFF vehicles, in compliance with FAR Part 139.319.
G. All pers
onnel of the selected ARFF Firm on duty at the SCLA shall be trained compliant with the following standards as they now exist or be amended hereafter:
• FAR Part 139.315 – Aircraft rescue and firefighting: Index determination • FAR Part 139.317 – Aircraft rescue and firefighting: Equipment and agents • FAR Part 139.319 – Aircraft rescue and firefighting: Operational requirements • FAR Part 139.319 – Handling and storing of hazardous substances and materials • Applicable FAA Advisory Circulars (ACs) pertaining to ARFF standards H. The selected ARFF Firm shall maintain current paper training records at the SCLA ARFF Station at all times. Said training records shall be available for inspection by the SCLA and/or the FAA at all times.
I. Additional tr
aining will be provided by the SCLA staff and shall be completed by all ARFF personnel. This training shall include, but not be limited to:
• Airport hangar fire suppression system operation and control • Pump house operations
• SCLA Spill Plan
• Hazmat and Hazwoper training
J. The on-duty AR
FF Crew shall, upon receipt of notification of an emergency situation, ensure that the following tasks are accomplished as necessary:
• Rescue operations
• Containment of fire
• Protection of airport assets
• Notification of Airport staff
• Securing and preserving of emergency scene
• Completion of required reports
• Assuming incident command in case of fire related emergency • Returning firefighting vehicles and equipment to operational state of readiness EXHIBIT "A"
18/General Services Provider Standard Agreement /MISSION FIRE/AIRCRAFT RESCUE FIRE FIGHTING (ARFF) SERVICES PROJECT #CC23-088
K. ARFF pers
onnel will remain at an emergency scene, regardless of normally scheduled hours, until the emergency has been controlled. In the event that an emergency merits additional response by on-duty personnel, mutual aid may be requested, or off duty personnel may be called in to assist with the emergency. The senior ARFF crewmember on site shall be responsible to notify Airport Management.
L. ARFF Truck
s and Personal Protective Equipment shall be inspected at the beginning and end of each shift to insure readiness in case of an emergency. Inspection forms shall be used to document all inspections and equipment condition.
M. Other duties s
hall include, but not be limited to:
• Attend meetings and briefings
• Fuel Farm inspections
• Mobile Fueler inspections
• Fire Extinguisher inspections
• Hangar and Building safety/prevention inspections
• ARFF vehicle apparatus inspection (including checking vehicle fluids and topping off as necessary)
• Schedule and coordinate ARFF vehicle apparatus service and/or repairs • ARFF apparatus washing and cleaning
• Provide fire extinguisher training to Airport staff and tenants • Respond to airport structure fires until relieved by the municipal fire department • Respond to airport staff or tenant personnel injuries and provide BLS services until relieved by the municipal fire department or ambulance service • Provide “stand-by” fire watch, as may be needed for special occasions • Document tasks and inspection findings on the appropriate forms • General ARFF station maintenance including cleaning ARFF vehicle bay, living areas, office, and the station grounds
• Basic general maintenance including changing light bulbs and cleaning intake filters for HVAC system vents
• FOD (Foreign Object Debris) removal from aircraft parking areas • Work past scheduled end of shift as necessary
• Coordinate activities with Airport Operations, as necessary • Perform airfield or security inspections
N. The selected ARFF Firm shall provide the following:
• Current training files on ALL active personnel at the Airport • All required Personal Protective Equipment (PPEs)
• Self-Contained Breathing Apparatus (SCBAs)
• Personnel uniforms
• Incident Report Forms
• Inspection Forms
O. The SCLA shall provide the following to the selected ARFF Firm:
• ARFF firefighting vehicles (see Attachment A for details) • Tools and equipment on ARFF firefighting vehicles
• Foam and a Foam Trailer
• A refractometer
EXHIBIT "A"
19/General Services Provider Standard Agreement /MISSION FIRE/AIRCRAFT RESCUE FIRE FIGHTING (ARFF) SERVICES PROJECT #CC23-088
• Fuel
• Firefighting vehicle airfield radios
• Two-way radio for communication with Airport staff
• Crash phone (connected to Air Traffic control)
• Airport ID badges (upon successful completion of Airport Driver Training class and passing the class test)
• Working utilities and office phones at the ARFF Station • A portion of the Airport ARFF Station common areas are shared with others, including the use of the Kitchen, Restrooms, Break Room, Recreation Room, Exercise Room, and the Apparatus Bay
• A portion of the Airport ARFF Station sleeping quarters and offices that are solely for ARFF can be seen on Attachment C, ARFF Station Floor Plan P. The selecte
d ARFF Firm shall maintain a current roster of employees and positions assigned to the SCLA. This roster shall be updated immediately as selected ARFF Firm personnel changes occur.
Q. The sele
cted ARFF Firm shall be responsible for al l internal administrative and management matters such as disciplinary matters, record keeping, payroll matters, scheduling, and training, etc.
R. The select
ed ARFF Firm shall immediately remove any employee whom the SCLA, through the Airport Director, deems to be improperly trained or otherwise unfit for duty as indicated in this RFP or the Agreement. The selected ARFF Firm shall immediately replace the removed employee with another qualified individual. At no time shall the staffing level go below the required level as indicated in this RFP.
S. No ARFF personnel shall report for duty while under the influence of alcohol or controlled substances.
T. The select
ed ARFF Firm shall be aware that the SCLA is subject to annual inspection by the FAA. The selected ARFF Firm shall ensure that a member of its management team is present to represent the SCLA’s ARFF contingent during all scheduled FAA inspections. Such inspections are typically annually, but at the FAA Certification Inspector’s discretion, can occur unannounced, at any time. The selected ARFF Firm shall ensure it can successfully demonstrate to the inspector its ability to satisfy the applicable FAR Part 139 ARFF requirements. Such inspections shall include but are not limited to:
• Response time to an emergency by way of a timed drill • Insuring ARFF training records are current and accessible at the fire station • Inspecting ARFF vehicles and apparatus
• Inspecting ARFF vehicles and apparatus inspection records • Inspecting foam refracting reports
• Fueler and Fuel Farm Inspection records
• Other items as may be related to the ARFF requirements set forth in FAR Part 139 U. The sel
ected ARFF Firm shall make corporate management personnel available 24/7/365 via phone, if needed. Corporate management personnel shall make periodic on-site visits no less than once every six months.
EXHIBIT "A"
20/General Services Provider Standard Agreement /MISSION FIRE/AIRCRAFT RESCUE FIRE FIGHTING (ARFF) SERVICES PROJECT #CC23-088
V. The selected ARFF Firm shall honor the arrangements, including the Mutual Aid Agreements, Automatic Aid Agreements, and any related cooperation agreements and/or policies that the Airport may have established with Federal, State, and Local authorities.
EXHIBIT "A"
21/General Services Provider Standard Agreement /MISSION FIRE/AIRCRAFT RESCUE FIRE FIGHTING (ARFF) SERVICES PROJECT #CC23-088
EXHIBIT B
BID
PROPOSAL FORM
See A
ttachment
22/General Services Provider Standard Agreement /MISSION FIRE/AIRCRAFT RESCUE FIRE FIGHTING (ARFF) SERVICES PROJECT #CC23-088
EXHIBIT B
23/General Services Provider Standard Agreement /MISSION FIRE/AIRCRAFTRESCU FIRE FIGHTING (ARFF) SERVICES PROJECT #CC23-088
EXHIBIT B
24/General Services Provider Standard Agreement /MISSION FIRE/AIRCRAFT RESCUE FIRE FIGHTING (ARFF) SERVICES PROJECT #CC23-088
Item Number: 14
City Council / Board of Directors
Written Communications
Meeting of: May 2, 2023
Submitted By:
Keith C. Metzler, City Manager
Andre de Bortnowsky, City Attorney
Subject:
Termination Agreement to dissolve the Southern California Logistics Rail Authority (“SCLRA”)
Recommendation:
That the Honorable City Council, Board of Directors for the Successor Agency to the Victorville Redevelopment Agency, and the Southern California Logistics Airport Authority adopt Resolution Nos. 23-032, R-SA 23-001 and SCLAA 23-007, approving the execution of a Termination Agreement to Dissolve the Southern California Logistics Rail Authority, and taking related actions.
Fiscal Impact:
The dissolution of the SCLRA and the termination of the related joint powers agreement provides for the wind-down of the SCLRA’s affairs and allows potential savings of expenses that the joint powers authority may otherwise incur in connection with the continuation of the SCLRA.
Strategic Plan Goal:
This item aligns with Goal A, Financial Sustainability, by fostering fiscal health through disciplined long-term planning.
Background:
In 2001, the City of Victorville (the “City”), the Southern California Logistics Airport Authority (“SCLAA”) and the Former Victorville Redevelopment Agency entered into a Joint Exercise of Powers Agreement to form the SCLRA. Since its establishment, the SCLRA has been essentially dormant. In 2006, the SCLRA entered into a Master Rail Development Agreement with Stirling Airport International, LLC, which was later assigned to Stirling Capital Investment, LLC (as the “Master Rail Agreement”). 3 0
9 6
Discussion:
As a result of economic conditions beyond the control of the SCLRA and recent announcements by BNSF Railways of its intention to build an intermodal rail facility in Barstow, CA, it has become apparent that there is no longer a need or justification to build rail facilities adjacent to Southern California Logistics Airport. The City, the SCLAA, and the Successor Agency desire to enter into a termination agreement (the “Termination Agreement”) to dissolve the SCLRA.
In addition, there has been no activity pursuant to the terms of the Master Rail Agreement and accordingly, dissolution of the SCLRA will make the provisions of the Master Rail Agreement null and void.
Pursuant to the California Environmental Quality Act (CEQA), based upon a review of the evidence and information presented on the matter as it relates to the approval of the Termination Agreement, the City, the Successor Agency Board and the SCLAA have determined that such approval is categorically exempt from CEQA pursuant to Section 15061(b)(3) of the State CEQA Guidelines because there is no possibility that the activities in question will have a significant impact on the environment; it will not require any construction activities and will not lead to any direct or reasonably foreseeable indirect physical environmental impacts.
Staff recommends adoption of the attached Resolutions approving the execution of a Termination Agreement to dissolve the Southern California Logistics Rail Authority and taking related actions.
Attachments: A. Resolution No. 23-032
B. Resolution No. R-SA 23-001
C. Resolution No. SCLAA 23-007
Attachment A
Resolution No. 23-032
RESOLUTION NO. 23-032
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VICTORVILLE APPROVING A TERMINATION AGREEMENT TO
DISSOLVE THE SOUTHERN CALIFORNIA LOGISTICS RAIL
AUTHORITY AND TAKING CERTAIN RELATED ACTIONS
WHEREAS, the Southern California Logistics Rail Authority (the “SCLRA”) is a joint powers agency formed and existing pursuant to the Joint Exercise of Powers Act, set forth in California Government Code Section 6500 et seq. (the “ Act”), and a Joint Exercise of Powers Agreement, dated as of October 17, 2001, (the “ Joint Powers Agreement”), by and among the City of Victorville (the “City”), the Southern California Logistics Airport Authority, and the Former Victorville Redevelopment Agency; and WHEREAS, the SCLRA was formed to facilitate the development of rail facilities and related improvements adjacent to Southern California Logistics Airport; and WHEREAS, as permitted by the Act, the Joint Powers Agreement states that the SCLRA shall continue in perpetuity, unless and until the Joint Powers Agreement is rescinded, terminated, or amended as provided for therein; and WHEREAS, the Joint Powers Agreement provides that it may be rescinded and the SCLRA terminated at any time by written consent of all of the Members of the SCLRA evidenced by a certified copy of a resolution of each of the Members’ governing bodies; provided that no bonds or other evidences of indebtedness remain outstanding; and
WHEREAS, a s a result of economic conditions beyond the control of the SCLRA as well as recent announcements by the BNSF Railways indicating its desire to develop an intermodal facility in Barstow, it has become apparent that there is no longer a need or justification to pursue the development of rail facilities adjacent to Southern California Logistics Airport; and
WHEREAS, the only transaction to which the SCLRA is currently a party is that certain First Amended and Restated Master Rail Development Agreement by and between the Southern California Logistics Rail Authority and Stirling Airports International LLC, dated as of October 18, 2006, and which was subsequently assigned by Stirling Airports International LLC to Stirling Capital Investments LLC (the Master Rail Development Agreement as assigned shall hereafter be referred to as the “Rail Agreement”); and
WHEREAS, there has been no activity or obligation incurred by either p arty to the Rail Agreement and as such, upon dissolution of the SCLRA, the Rail Agreement shall be deemed of no further force and effect; and
W HEREAS, at this time, there are no outstanding obligations and the SCLRA has no outstanding unpaid costs, expenses and charges, and has no assets; and W HEREAS , there has been prepared the form of an agreement (the “Termination Agreement ”), in the form attached to this Resolution as Exhibit A, to terminate the Joint Powers Agreement and dissolve the SCLRA.
NO
W, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE, HEREBY FINDS, DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS:
Section 1. The above recitals are true and correct and are a substantive part of this Resolution.
Section 2. The Termination Agreement, in the form attached as Exhibit A, is hereby approved. The dissolution of the SCLRA pursuant to the Termination Agreement is likewise approved. The Termination of the Rail Agreement is also hereby approved. The City Manager is hereby authorized to execute and deliver the Termination Agreement, with changes therein as the City Council may approve (such approval to be conclusively evidenced by the execution and delivery thereof).
Section 3. That this Resolution shall be effective as of the date of adoption.
Section 4. That the City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of the City; and shall make a minute of passage and adoption thereof in the records of the proceedings of the City Council, in the minutes of the meeting at which this Resolution is passed and adopted.
EXHIBIT A
T
ERMINATION AGREEMENT
to dissolve Southern California Logistics Rail Authority (substantial final form)
see attached
1 TERMINATION A GREEMENT
This Termination Agreement, dated as of , 2023 (this “Agreement”), is entered into by and among the City of Victorville (the “ City”), the Successor Agency to the Victorville Redevelopment Agency (the “ Successor Agency ”), as the successor entity to Victorville Redevelopment Agency (the “ Former Agency ”), and the Southern California Logistics Airport Authority (the “S CLAA”). The City, the Successor Agency, and the SCLAA are together, referred to in this Agreement as the “Parties” and, individually, as a “Party.”
RECITALS
W
HEREAS, the Southern California Logistics Rail Authority (the “SCLRA”) is a joint powers agency formed and existing pursuant to the Joint Exercise of Powers Act, set forth in California Government Code Section 6500 et seq. (the “Act ”), and a Joint Exercise of Powers Agreement, dated as of October 17, 2001, (the “ Joint Powers Agreement”), by and among the City, the Former Agency, and the SCLAA.
W
HEREAS, the SCLRA was formed to assist with the financing and development of certain rail facilities and related improvements adjacent to the Southern California Logistics Airport.
W
HEREAS, as permitted by the Act, the Joint Powers Agreement states that the SCLRA shall continue in perpetuity, unless and until the Joint Powers Agreement is rescinded, terminated, or amended as provided for therein.
W
HEREAS, Section 34 of the Joint Powers Agreement provides that it may be rescinded and the SCLRA terminated at any time by written consent of all of the Members of the SCLRA evidenced by a certified copy of a resolution of each of the Members’ governing bodies; provided that no bonds or other evidences of indebtedness remain outstanding.
W
HEREAS, there are no bonds or other forms of indebtedness outstanding and the SCLRA has no outstanding unpaid costs, expenses and charges, and has no assets.
W
HEREAS, as a result of economic conditions beyond the control of the SCLRA, as well as recent announcements by the BNSF Railways indicating its desire to develop an intermodal facility in Barstow, it has become apparent that there is no longer a need or justification to pursue the development of rail facilities adjacent to Southern California Logistics Airport.
W
HEREAS, the only transaction to which the SCLRA became a party is an agreement which was entered into with a developer in hopes of causing the development of lands adjacent 2 to the Southern California Logistics Airport with certain rail facilities, which agreement is designated as that certain First Amended and Restated Master Rail Development Agreement by and between the SCLRA and Stirling Airports International LLC, which was subsequently assigned to Stirling Capital Investments LLC (as assigned the “Rail Agreement”). Said Rail Agreement has been dormant and no transactions related thereto have occurred and neither party has incurred any obligations with respect thereto.
W
HEREAS, Pursuant to AB X1 26 (enacted in June 2011), and the California Supreme Court’s decision in California Redevelopment Association, et al. v. Ana Matosantos, et al., 53 Cal. 4th 231 (2011), all redevelopment agencies in the State of California, including the Former Agency, dissolved as of February 1, 2012, and the Successor Agency was established as the successor entity to the Former Agency, tasked with the wind-down of the Former Agency’s affairs.
W
HEREAS, The Parties desire to terminate the Joint Powers Agreement which will also have the effect of terminating the Rail Agreement and making the provisions of the Rail Agreement null and void.
NO
W, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
AND CONDITIONS CONTAINED HEREIN, AND OTHER VALUABLE
CONSIDERATION, THE ADEQUACY OF WHICH ARE HEREBY ACKNOWLEDGED, THE PARTIES AGREE AS FOLLOWS:
1. The Parties hereby agree that the Joint Powers Agreement shall terminate, all obligations of each Party, if any, under the Joint Powers Agreement, including but not limited to, any obligations under the Rail Agreement shall cease, and all rights and powers of the SCLRA under the Joint Powers Agreement shall cease, as of the date of this Agreement. By virtue of such termination, the SCLRA is hereby dissolved as of the date hereof.
2. The Parties agree that there are no assets of the SCLRA to be divided between them.
3. This Agreement shall be governed by, interpreted under, construed, and enforced, in accordance with the laws of the State of California.
4. This Agreement may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original; and all such counterparts shall together constitute but one and the same.
[
Signatures Follow. Remainder of Page Intentionally Left Blank] 3 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized officers.
CITY OF VICTORVILLE
Keith C. Metzler, City Manager
D
ate: _______________________________
SUCCESSOR AGENCY TO THE
VICTORVILLE REDEVELOPMENT
AGENCY
______________________________________
Debra Jones, Board Chair
Successor Agency to the Victorville
Redevelopment Agency
Date: _________________________________
ATTEST:
_________________________________
Jennifer Thompson, Victorville City Clerk
Date: _____________________________
ATTEST:
______________________________________
Jennifer Thompson, Successor Agency
Secretary
Date: _________________________________
APPROVED AS TO FORM:
____________________________________
A
ndre de Bortnowsky, City Attorney
Date: _______________________________
APPROVED AS TO FORM:
_____________________________________
Andre de Bortnowsky,
Successor Agency Legal Counsel
Date: _________________________________
4 SOUTHERN CALIFORNIA LOGISTICS
AIRPORT AUTHORITY
____________________________________
Keith C. Metzler, Executive Director
Date:________________________________
ATTEST:
Jennifer Thompson, Secretary
D
ate: _______________________________
APPROVED AS TO FORM:
____________________________________
A
ndre de Bortnowsky, General Counsel
D
ate: _______________________________
Attachment B
Resolution No. R-SA 23-001
RESOLUTION NO. R-SA 23-001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VICTORVILLE SITTING AS THE GOVERNING BOARD OF THE
SUCCESSOR AGENCY TO THE VICTORVILLE REDEVELOPMENT
AGENCY APPROVING A TERMINATION AGREEMENT TO DISSOLVE
THE SOUTHERN CALIFORNIA LOGISTICS RAIL AUTHORITY AND
TAKING CERTAIN RELATED ACTIONS
WHEREAS, Pursuant to AB X1 26 (enacted in June 2011), and the California Supreme Court’s decision in California Redevelopment Association, et al. v. Ana Matosantos, et al., 53 Cal. 4th 231 (2011), all redevelopment agencies in the State of California, including the former Victorville Redevelopment Agency (the “Former Agency”), d
issolved as of February 1, 2012, and the Successor Agency to the Victorville Redevelopment Agency (the “ Successor Agency”) was established as the successor entity to the Former Agency, tasked with the wind- down of the Former Agency’s affairs; and
WHEREAS, the Southern California Logistics Rail Authority (the “ SCLRA”) is a joint powers agency formed and existing pursuant to the Joint Exercise of Powers Act, set forth in California Government Code Section 6500 et seq. (the “ Act”), and a Joint Exercise of Powers Agreement, dated as of October 17, 2001, (the “ Joint Powers Agreement”), by and among the City of Victorville, the Southern California Logistics Airport Authority, and the Former Agency; and
WHEREAS, the SCLRA was formed to facilitate the development o f rail facilities and related improvements adjacent to Southern California Logistics Airport; and WHEREAS, as permitted by the Act, the Joint Powers Agreement states that the SCLRA shall continue in perpetuity, unless and until the Joint Powers Agreement is rescinded, terminated, or amended as provided for therein; and WHEREAS, the Joint Powers Agreement provides that it may be rescinded and the SCLRA terminated at any time by written consent of all of the Members of the SCLRA evidenced by a certified copy of a resolution of each of the Members’ governing bodies; provided that no bonds or other evidences of indebtedness remain outstanding; and WHEREAS, as a result of economic conditions beyond the control of the SCLRA as well as recent announcements by the BNSF Railways indicating its desire to develop an intermodal facility in Barstow, it has become apparent that there is no longer a need or justification to pursue the development of rail facilities adjacent to Southern California Logistics Airport; and
WHEREAS, the only transaction to w hich the SCLRA i s
currently a party i s that
ce
rtain First A mended and Restated Master R ail D evelopment A greement by an d between the Southern California Logistics Rail Authority and Stirling Airports International LLC, dated as of October 18, 2006, and which was subsequently assigned by Stirling Airports International LLC to Stirling Capital Investments LLC (the Master Rail Development Agreement as assigned shall hereafter be referred to as the “ Rail Agreement”); and
WHE
REAS, there has been no activity or obligation incurred by either party to the Rail Agreement and as such, upon dissolution of the SCLRA, the Rail Agreement shall be deemed of no further force and effect; and
WHE
REAS, at this time, there are no outstanding obligations and the SCLRA has no outstanding unpaid costs, expenses and charges, and has no assets; and WHEREAS, ther e has been prepared the form of an agreement (the “Termination Agreement”), in the form attached to this Resolution as Exhibit A, to terminate the Joint Powers Agreement and dissolve the SCLRA.
NOW
, THEREFORE, THE BOARD OF DIRECTORS OF THE SUCCESSOR
AGENCY TO THE VICTORVILLE REDEVELOPMENT AGENCY, HEREBY FINDS, DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS:
Section 1. The above recitals are true and correct and are a substantive part of this Resolution.
Section 2. The Termination Agreement, in the form attached as Exhibit A, is hereby approved. The dissolution of the SCLRA pursuant to the Termination Agreement is likewise approved. The Termination of the Rail Agreement is also hereby approved. The Chairperson of the Successor Agency Board (“ Board Chair ”) is hereby authorized to execute and deliver, for and in the name of the Successor Agency, the Termination Agreement, with changes therein as the Board Chair may approve (such approval to be conclusively evidenced by the execution and delivery thereof).
Section 3. That this Resolution shall be effective as of the date of adoption.
Section 4. That the Secretary to the Successor Agency Board shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of the Successor Agency; and shall make a minute of passage and adoption thereof in the records of the proceedings of the Successor Agency, in the minutes of the meeting at which this Resolution is passed and adopted.
EXHIBIT A
TE
RMINATION AGREEMENT
to dissolve Southern California Logistics Rail Authority (substantial final form)
see attached
1 TERMINATION AG REEMENT
This Termination Agreement, dated as of , 2023 (this “Agreement”), is entered into by and among the City of Victorville (the “ City”), the Successor Agency to the Victorville Redevelopment Agency (the “ Successor Agency ”), as the successor entity to Victorville Redevelopment Agency (the “ Former Agency ”), and the Southern California Logistics Airport Authority (the “S CLAA”). The City, the Successor Agency, and the SCLAA are together, referred to in this Agreement as the “Parties” and, individually, as a “Party.”
RECITALS
WH
EREAS, the Southern California Logistics Rail Authority (the “SCLRA”) is a joint powers agency formed and existing pursuant to the Joint Exercise of Powers Act, set forth in California Government Code Section 6500 et seq. (the “Act ”), and a Joint Exercise of Powers Agreement, dated as of October 17, 2001, (the “ Joint Powers Agreement”), by and among the City, the Former Agency, and the SCLAA.
WH
EREAS, the SCLRA was formed to assist with the financing and development of certain rail facilities and related improvements adjacent to the Southern California Logistics Airport.
WH
EREAS, as permitted by the Act, the Joint Powers Agreement states that the SCLRA shall continue in perpetuity, unless and until the Joint Powers Agreement is rescinded, terminated, or amended as provided for therein.
WH
EREAS, Section 34 of the Joint Powers Agreement provides that it may be rescinded and the SCLRA terminated at any time by written consent of all of the Members of the SCLRA evidenced by a certified copy of a resolution of each of the Members’ governing bodies; provided that no bonds or other evidences of indebtedness remain outstanding.
WH
EREAS, there are no bonds or other forms of indebtedness outstanding and the SCLRA has no outstanding unpaid costs, expenses and charges, and has no assets.
WH
EREAS, as a result of economic conditions beyond the control of the SCLRA, as well as recent announcements by the BNSF Railways indicating its desire to develop an intermodal facility in Barstow, it has become apparent that there is no longer a need or justification to pursue the development of rail facilities adjacent to Southern California Logistics Airport.
WH
EREAS, the only transaction to which the SCLRA became a party is an agreement which was entered into with a developer in hopes of causing the development of lands adjacent 2 to the Southern California Logistics Airport with certain rail facilities, which agreement is designated as that certain First Amended and Restated Master Rail Development Agreement by and between the SCLRA and Stirling Airports International LLC, which was subsequently assigned to Stirling Capital Investments LLC (as assigned the “Rail Agreement”). Said Rail Agreement has been dormant and no transactions related thereto have occurred and neither party has incurred any obligations with respect thereto.
WH
EREAS, Pursuant to AB X1 26 (enacted in June 2011), and the California Supreme Court’s decision in California Redevelopment Association, et al. v. Ana Matosantos, et al., 53 Cal. 4th 231 (2011), all redevelopment agencies in the State of California, including the Former Agency, dissolved as of February 1, 2012, and the Successor Agency was established as the successor entity to the Former Agency, tasked with the wind-down of the Former Agency’s affairs.
WH
EREAS, The Parties desire to terminate the Joint Powers Agreement which will also have the effect of terminating the Rail Agreement and making the provisions of the Rail Agreement null and void.
NOW
, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
AND CONDITIONS CONTAINED HEREIN, AND OTHER VALUABLE
CONSIDERATION, THE ADEQUACY OF WHICH ARE HEREBY ACKNOWLEDGED, THE PARTIES AGREE AS FOLLOWS:
1. The Parties hereby agree that the Joint Powers Agreement shall terminate, all obligations of each Party, if any, under the Joint Powers Agreement, including but not limited to, any obligations under the Rail Agreement shall cease, and all rights and powers of the SCLRA under the Joint Powers Agreement shall cease, as of the date of this Agreement. By virtue of such termination, the SCLRA is hereby dissolved as of the date hereof.
2. The Parties agree that there are no assets of the SCLRA to be divided between them.
3. This Agreement shall be governed by, interpreted under, construed, and enforced, in accordance with the laws of the State of California.
4. This Agreement may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original; and all such counterparts shall together constitute but one and the same.
[Si
gnatures Follow. Remainder of Page Intentionally Left Blank] 3 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized officers.
CITY OF VICTORVILLE
Keith C. Metzler, City Manager
Da
te: _______________________________
SUCCESSOR AGENCY TO THE
VICTORVILLE REDEVELOPMENT
AGENCY
______________________________________
Debra Jones, Board Chair
Successor Agency to the Victorville
Redevelopment Agency
Date: _________________________________
ATTEST:
_________________________________
Jennifer Thompson, Victorville City Clerk
Date: _____________________________
ATTEST:
______________________________________
Jennifer Thompson, Successor Agency
Secretary
Date: _________________________________
APPROVED AS TO FORM:
____________________________________
Andr
e de Bortnowsky, City Attorney
Date: _______________________________
APPROVED AS TO FORM:
_____________________________________
Andre de Bortnowsky,
Successor Agency Legal Counsel
Date: _________________________________
4 SOUTHERN CALIFORNIA LOGISTICS
AIRPORT AUTHORITY
____________________________________
Keith C. Metzler, Executive Director
Date:________________________________
ATTEST:
Jennifer Thompson, Secretary
Da
te: _______________________________
APPROVED AS TO FORM:
____________________________________
Andr
e de Bortnowsky, General Counsel
Dat
e: _______________________________
Attachment C
Resolution No. SCLAA 23-007
RESOLUTION NO. SCLAA 23-007
A RESOLUTION OF THE SOUTHERN CALIFORNIA LOGISTICS
AIRPORT AUTHORITY APPROVING A TERMINATION AGREEMENT
TO DISSOLVE THE SOUTHERN CALIFORNIA LOGISTICS RAIL
AUTHORITY AND TAKING CERTAIN RELATED ACTIONS
WHEREAS, the Southern California Logistics Rail Authority (the “SCLRA”) is a joint powers agency formed and existing pursuant to the Joint Exercise of Powers Act, set forth in California Government Code Section 6500 et seq. (the “ Act”), and a Joint Exercise of Powers Agreement, dated as of October 17, 2001, (the “ Joint Powers Agreement”), by and among the City of Victorville, the Southern California Logistic s Airport Authority, and the Former Victorville Redevelopment Agency; and WHEREAS, the SCLRA was formed to facilitate the development of rail facilities and related improvements adjacent to Southern California Logistics Airport; and WHEREAS, as permitted by the Act, the Joint Powers Agreement states that the SCLRA shall continue in perpetuity, unless and until the Joint Powers Agreement is rescinded, terminated, or amended as provided for therein; and WHEREAS, the Joint Powers Agreement provides that it may be rescinded and the SCLRA terminated at any time by written consent of all of the Members of the SCLRA evidenced by a certified copy of a resolution of each of the Members’ governing bodies; provided that no bonds or other evidences of indebtedness remain outstanding; and
WHEREAS, a s a result of economic conditions beyond the control of the SCLRA as well as recent announcements by the BNSF Railways indicating its des ire to develop an intermodal facility in Barstow, it has become apparent that there is no longer a need or justific ation to pursue the development of rail facilities adjacent to Southern California Logistics Airport; and
WHEREAS, the only transaction to which the SCLRA is currently a party is that certain First Amended and Restated Master Rail Development Agreement by and between the Southern California Logistics Rail Authority and Stirling Airports International LLC, dated as of October 18, 2006, and which was subsequently assigned by Stirling Airports International LLC to Stirling Capital Investments LLC (the Master Rail Development Agreement as assigned shall hereafter be referred to as the “Rail Agreement”); and
WHEREAS, there has been no activity or obligation incurred by either party to the Rail Agreement and as such, upon dissolution of the SCLRA, the Rail Agreement shall be deemed of no further force and effect; and
WHEREAS, at this time, there are no outstandi ng obligations and the SCLRA has no outstanding unpaid costs, expenses and charges, and has no assets; and WHEREAS, t here has been prepared the form of an agreement (the “Termination Agreement ”), in the form attached to this Resolution as Exhibit A, to terminate the Joint Powers Agreement and dissolve the SCLRA.
NOW, THEREFORE, THE SOUTHERN CALIFORNIA LOGISTICS AIRPORT
AUTHORITY, HEREBY FINDS, DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS:
Section 1. The above recitals are true and corr ect and are a substantive part of this Resolution.
Section 2. The Termination Agreement, in the form attached as Exhibit A, is hereby approved. The dissolution of the SCLRA pursuant to the Termination Agreement is likewise approved. The Termination of the Rail Agreement is also hereby approved. The Executive Director of the Southern California Logistics Airport Authority is hereby authorized to execute and deliver, for and in the name of the SCLRA, the Termination Agreement, with changes therein as the Executive Director may approve (such approval to be conclusively evidenced by the execution and delivery thereof).
Section 3. That t his Resolution shall be effective as of the date of adoption.
Section 4. That the Southern California Logistics Airport Authority Secretary shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of the Southern California Logistics Airport Authority; and shall make a minute of passage and adoption thereof in the records of the proceedings of the Southern California Logistics Airport Authority, in the minutes of the meeting at which this Resolution is passed and adopted.
EXHIBIT A
TERM
INATION AGREEMENT
to dissolve Southern California Logistics Rail Authority (substantial final form)
see attached
1 TERMINATION A GREEMENT
This Termination Agreement, dated as of , 2023 (this “Agreement”), is entered into by and among the City of Victorville (the “ City”), the Successor Agency to the Victorville Redevelopment Agency (the “ Successor Agency ”), as the successor entity to Victorville Redevelopment Agency (the “ Former Agency ”), and the Southern California Logistics Airport Authority (the “S CLAA”). The City, the Successor Agency, and the SCLAA are together, referred to in this Agreement as the “Parties” and, individually, as a “Party.”
RECITALS
W
HEREAS, the Southern California Logistics Rail Authority (the “SCLRA”) is a joint powers agency formed and existing pursuant to the Joint Exercise of Powers Act, set forth in California Government Code Section 6500 et seq. (the “Act ”), and a Joint Exercise of Powers Agreement, dated as of October 17, 2001, (the “ Joint Powers Agreement”), by and among the City, the Former Agency, and the SCLAA.
W
HEREAS, the SCLRA was formed to assist with the financing and development of certain rail facilities and related improvements adjacent to the Southern California Logistics Airport.
W
HEREAS, as permitted by the Act, the Joint Powers Agreement states that the SCLRA shall continue in perpetuity, unless and until the Joint Powers Agreement is rescinded, terminated, or amended as provided for therein.
W
HEREAS, Section 34 of the Joint Powers Agreement provides that it may be rescinded and the SCLRA terminated at any time by written consent of all of the Members of the SCLRA evidenced by a certified copy of a resolution of each of the Members’ governing bodies; provided that no bonds or other evidences of indebtedness remain outstanding.
W
HEREAS, there are no bonds or other forms of indebtedness outstanding and the SCLRA has no outstanding unpaid costs, expenses and charges, and has no assets.
W
HEREAS, as a result of economic conditions beyond the control of the SCLRA, as well as recent announcements by the BNSF Railways indicating its desire to develop an intermodal facility in Barstow, it has become apparent that there is no longer a need or justification to pursue the development of rail facilities adjacent to Southern California Logistics Airport.
W
HEREAS, the only transaction to which the SCLRA became a party is an agreement which was entered into with a developer in hopes of causing the development of lands adjacent 2 to the Southern California Logistics Airport with certain rail facilities, which agreement is designated as that certain First Amended and Restated Master Rail Development Agreement by and between the SCLRA and Stirling Airports International LLC, which was subsequently assigned to Stirling Capital Investments LLC (as assigned the “Rail Agreement”). Said Rail Agreement has been dormant and no transactions related thereto have occurred and neither party has incurred any obligations with respect thereto.
W
HEREAS, Pursuant to AB X1 26 (enacted in June 2011), and the California Supreme Court’s decision in California Redevelopment Association, et al. v. Ana Matosantos, et al., 53 Cal. 4th 231 (2011), all redevelopment agencies in the State of California, including the Former Agency, dissolved as of February 1, 2012, and the Successor Agency was established as the successor entity to the Former Agency, tasked with the wind-down of the Former Agency’s affairs.
W
HEREAS, The Parties desire to terminate the Joint Powers Agreement which will also have the effect of terminating the Rail Agreement and making the provisions of the Rail Agreement null and void.
NO
W, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
AND CONDITIONS CONTAINED HEREIN, AND OTHER VALUABLE
CONSIDERATION, THE ADEQUACY OF WHICH ARE HEREBY ACKNOWLEDGED, THE PARTIES AGREE AS FOLLOWS:
1. The Parties hereby agree that the Joint Powers Agreement shall terminate, all obligations of each Party, if any, under the Joint Powers Agreement, including but not limited to, any obligations under the Rail Agreement shall cease, and all rights and powers of the SCLRA under the Joint Powers Agreement shall cease, as of the date of this Agreement. By virtue of such termination, the SCLRA is hereby dissolved as of the date hereof.
2. The Parties agree that there are no assets of the SCLRA to be divided between them.
3. This Agreement shall be governed by, interpreted under, construed, and enforced, in accordance with the laws of the State of California.
4. This Agreement may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original; and all such counterparts shall together constitute but one and the same.
[
Signatures Follow. Remainder of Page Intentionally Left Blank] 3 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized officers.
CITY OF VICTORVILLE
Keith C. Metzler, City Manager
D
ate: _______________________________
SUCCESSOR AGENCY TO THE
VICTORVILLE REDEVELOPMENT
AGENCY
______________________________________
Debra Jones, Board Chair
Successor Agency to the Victorville
Redevelopment Agency
Date: _________________________________
ATTEST:
_________________________________
Jennifer Thompson, Victorville City Clerk
Date: _____________________________
ATTEST:
______________________________________
Jennifer Thompson, Successor Agency
Secretary
Date: _________________________________
APPROVED AS TO FORM:
____________________________________
A
ndre de Bortnowsky, City Attorney
Date: _______________________________
APPROVED AS TO FORM:
_____________________________________
Andre de Bortnowsky,
Successor Agency Legal Counsel
Date: _________________________________
4 SOUTHERN CALIFORNIA LOGISTICS
AIRPORT AUTHORITY
____________________________________
Keith C. Metzler, Executive Director
Date:________________________________
ATTEST:
Jennifer Thompson, Secretary
D
ate: _______________________________
APPROVED AS TO FORM:
____________________________________
A
ndre de Bortnowsky, General Counsel
D
ate: _______________________________
Item Number: 15
City Council / Board of Directors
Written Communications
Meeting of: May 2, 2023
Submitted By:
Keith C. Metzler, City Manager
Subject:
Real Property Donation Agreement
Recommendation:
That the Honorable Board of Directors:
(1) Adopt Resolution VWD 23-005 accepting the donation of real property to the Victorville Water District (“District”); and
(2) Authorize the General Manager to enter into a Real Property Donation Agreement with Sergio Carcelen.
Fiscal Impact:
There is no fiscal impact associated with this item.
Strategic Plan Goal:
This item aligns with Goal E, Invest in Infrastructure, as the acceptance of the donation would enhance the District’s infrastructure investment and will provide for increased frontage for mobilization of equipment, material, tools, etc., needed for activities such as well repair or improvements.
Background:
On October 5, 2022, Mr. Sergio Carcelen contacted the Economic Development Department to inquire if the City would be interested in accepting a property owned by him as a donation. The Property, more specifically known as Assessor’s Parcel Number 0478-144-01, is vacant land and is less than 4,999 square feet.
Discussion:
Economic Development staff inquired with District staff regarding said land donation and determined that such acquisition would be beneficial to the District as the Property is adjacent to an existing Victorville Water District owned property which houses a water well. District staff indicated that owning said Property would provide the District with 3 0
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increased frontage and better access and mobilization for large equipment needed to perform activities such as water well rehabilitation.
In preparation for acceptance of the donated Property, a preliminary title report and environmental study were performed. These expenses, in the amount of $2,612.50, were paid out of the approved Fiscal Year 2022-23 budgeted contract services account (4100030-52300).
The Phase 1 Environmental Site Assessment was prepared by All Phase Environmental, Inc. on November 9, 2022. The report revealed no recognized environmental conditions affecting the Property.
On November 30, 2022, a preliminary title report was performed by Commonwealth Land Title Company, which resulted in the discovery of a lien placed on the individual owner.
This lien was subsequently removed by the San Bernardino County Treasurer-Tax Collector on February 13, 2023. As such, the Property’s title is free from liens and other encumbrances. In addition, staff worked with legal counsel to prepare the attached Real Property Donation agreement.
Staff is seeking your Honorable Board of Directors approval to adopt Resolution No. VWD 23-005 accepting the donation of real property to the Victorville Water District and authorizing the General Manager to enter into a Real Property Donation Agreement with Mr. Sergio Carcelen.
Staff remains available for any questions or comments you may have.
Attachments: A. Real Property Donation Agreement
B. Resolution No. VWD 23-005
C. Property Map
Attachment A
Real Property Donation Agreement
1 REAL PROPERTY DONATION AGREEMENT
This REAL PROPERTY DONATION AGREEMENT (“Agreement”) is made this day of , 2023 (“Agreement Date”) by and between t he Victorville Water District , a County water district and subsidiary district of the City of Victorville (“District”), and Sergio L.
Carcelen, a single man (“Donor”). District and Donor are sometimes referred to hereinafter individually as a “Party” and collectively as the “Parties.”
R E C I T A L S
A. Donor owns that certain real property in the City of Victorville, San Bernardino County, State of California (APN 0478-144-01), legally described on Exhibit A attached hereto (“Property”). The Property is a vacant lot.
B. Donor has offered to donate the Property to District, and District wishes to accept donation of the Property under the terms and conditions stated in this Agreement.
NOW, THEREFORE, for good and valuable consideration, the receipt insufficiency of which is acknowledged, the Parties mutually agree as follows:
TERMS AND CONDITIONS
1. INCORPORATION OF RECITALS; EFFECTIVE DATE.
1.1 Recitals. The Recitals are an integral part of this Agreement and incorporated herein.
1.2 Effective Date. Donor shall deliver two (2) executed copies of this Agreement to District. This Agreement shall be effective upon execution of this Agreement by District, following approval of the Agreement by the Board of Directors of the District, and delivery of one (1) original to Donor (“Effective Date”).
2. DONATION AND ACCEPTANCE OF PROPERTY.
Upon the terms and conditions of this Agreement, Donor hereby agrees to donate the Property to District by a grant deed in a form approved by the District General Manager (“Grant Deed”) as depicted in Exhibit B. Upon the condition that the Title Policy (defined in Section 4 below) is issued to District, District agrees to accept the Property in AS-IS condition except that Donor represents and warrants to District that Donor owns the Property and there are no leases or third- party claims against the Property. District acknowledges that it has not provided any payment, goods or services, or other consideration (in whole or in part) to Donor for the Property. Donor understands and agrees that he is estopped to revoke this Agreement as a result of the due diligence and other expenses incurred by the District.
3. NO ESCROW; CLOSING; TITLE POLICY.
3.1 No Escrow. No escrow shall be required under this Agreement.
3.2 Closing. Within ten (10) days from the Effective Date, the Parties shall consummate this transaction through the Title Company (defined in Section 4 below). 2 (a) Delivery of Deed. Within three (3) days of the Effective Date, Donor shall execute, acknowledge and deliver the Grant Deed to the District.
(b) Preliminary Change of Ownership Statement. Prior to the Closing, District shall complete a Preliminary Change of Ownership Statement (“PCOR”) and deliver same to the Title Company to be delivered to the County concurrently with the recordation of the Grant Deed.
(c) Recordation. Promptly upon District’s receipt of the original executed Grant Deed, District shall execute a Certificate of Acceptance , attached to Grant Deed, and promptly deli ver it to the Title Company for recordation in the Official Records of San Bernardino County.
(d) Closing Defined. This transaction shall be deemed closed upon confirmation from the Title Company that the Grant Deed has been recorded and the Title Company has issued the Title Policy (as defined in Section 4) (“Closing”).
(e) Cooperation. Donor agrees to cooperate with District in the event any additional documents are required to cause the Title Company to issue the Title Policy, if applicable.
3.3 Costs. District shall pay all fees with respect to this transaction, including, but not limited to, the premium for the Title Policy, documentary transfer taxes (if applicable), etc.
4. TITLE POLICY.
District shall promptly obtain and review a preliminary title report (“ Title Report ”) from Commonwealth Title Insurance Company (“ Title Company”) with respect to the Property. At Closing, District shall require that the Title Company issue to District an ALTA non-extended coverage owner’s title policy insuring the Property vested in District for the fair value of the Property and subject to such exceptions as acceptable to the District (“Title Policy”).
5. MISCELLANEOUS.
5.1 District General Manager Authority. On behalf of District, the District General Manager, or such designee as he shall have designated in writing, shall have the authority to (i) extend any dates under this Agreement, (ii) execute documents required to effect this transaction, and (iii) agree to any non- material modifications of this Agreement.
5.2 No Conflict of Interest. No officer or employee of District or the City of Victorville shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her financial interest or the financial interest of any corporation, partnership or association in which he or she is, directly or indirectly, interested, in violation of any State statute or regulation. District and Donor each warrant that they have not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
5.3 Notices. All notices shall be in writing and delivered personally, by overnight air courier service, by facsimile transmission, or by U.S. certified mail, return receipt requested, postage prepaid, to the Parties at their respective addresses set forth herein, and the same shall be effective upon receipt if delivered personally, one (1) business day after depositing with an overnight air courier, or two (2) business days after depositing in the mail. 3 District: Victorville Water District
c/o Keith C. Metzler
General Manager
City of Victorville
14343 Civic Drive
Victorville, CA 92392
(760) 245-3220
With copy to: Green de Bortnowsky, LLP
30077 Agoura Court Suite 210
Agoura Hills CA, 91301
Attn: Andre de Bortnowsky
District Counsel
Donor: Sergio L. Carcelen
6065 Purisima Place
Rancho Cucamonga, CA 91739
5.4 Interpretation; Governing Law. This Agreement shall be construed according to its fair meaning and as if prepared by both parties. This Agreement shall be construed in accordance with the laws of the State of California in effect at the time of the execution of this Agreement. Titles and captions are for convenience only and shall not constitute a portion of this Agreement. As used in this Agreement, masculine, feminine or neutral gender and the singular or plural number shall each be deemed to include the others wherever and whenever the context so dictates.
5.5 No Waiver. No delay or omission by either Party hereto in exercising any right or power accruing upon the compliance or failure of performance by the other Party under the provisions of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either Party of a breach of any of the covenants, conditions or agreements hereof to be performed by the other Party shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions or conditions.
5.6 Amendment. The Agreement may only be modified or amended by a written document executed by both Parties.
5.7 Severability. If any term, provision, condition, or covenant of this Agreement or the application thereof to any Party or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this instrument, or the application of such term, provisions, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
5.8 Merger of Prior Agreements and Understandings. This Agreement and other documents incorporated herein by reference contain the entire understanding between the Parties relating to the transaction contemplated by this Agreement and all prior to contemporaneous ag reements, understandings, representations, and statements, oral or written, are merged herein and shall be of no further force or effect.
4 5.9 Qualification; Authority. Each individual executing this Agreement on behalf of a Party represents, warrants, and covenants to the other Party that (a) such person is duly authorized to execute and deliver this Agreement on behalf of such Party; and (b) such Party is bound under the terms of this Agreement.
5.10 Time of Essence. Time is of the essence in this Agreement.
5.11 Execution in Counterparts. This Agreement may be executed in several counterparts, and all so executed shall constitute one agreement binding on both Parties, notwithstanding that both Parties are not signatories to the original or the same counterpart.
5.12 Attorney’s Fees. In the event any action or suit is brought by a Party hereto against another Party hereunder by reason of any breach of this Agreement, the prevailing Party shall be entitled to have and recover from the other party all costs and expenses of the action or suit, including reasonable attorneys’ fees and related costs.
5.13 Incorporation of Exhibit. Exhibit A attached hereto is incorporated herein by reference.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the dates set forth below.
DONOR: DISTRICT:
Sergio L. Carcelen, a single man
By:
Sergio L. Carcelen
Date: _____________________
Victorville Water District
By:
Keith C. Metzler, District General Manager
Date:
APPROVED AS TO FORM:
By: ___________________________
Andre de Bortnowsky, District Counsel
Date: __________________________
RISK MANAGEMENT:
By: ____________________________
Sandra Bostick, District Risk Manager
Date: __________________________
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
PORTION SOUTHWEST ONE-QUARTER SOUTHWEST ONE-QUARTER SECTION 9 TOWNSHIP 5 NORTH RANGE 4 WEST SAN BERNARDINO BASE AND MERIDIAN COMMENCING AT THE SOUTHWEST CORNER SAID SECTION 9 THENCE NORTH 89 DEGREES 25 MINUTES 35 SECONDS EAST 505 FEET THENCE
NORTH PARALLEL TO WEST LINE OF SAID SECTION TO A POINT ON NORTH LINE MOJAVE DRIVE THENCE CONTINUING NORTH 125 FEET TO TRUE POINT OF BEGINNING THENCE SOUTH 89 DEGREES 25 SECONDS 35 MINUTES WEST 15.90 FEET THENCE ON A TANGENT CURVE TOP THE LEFT WITH A RADIUS OF 20 FEET THROUGH A CENTRAL ANGLE OF 44 DEGREES 24 MINUTES 55 SECONDS A DISTANCE OF 15.50 FEET THENCE NORTHEASTERLY ALONG A TA NGENT CURVE CONCAVE NORTHWESTERLY WHOSE RADIUS IS 50 FEET A DISTANCE OF 35.77 FEET THENCE NORTH 89 DEGREES 25 MINUTES 35 SECONDS EAST 15.30 FEET THENCE SOUTH PARALLEL WITH WEST LINE SAID SECTION 9 A DISTANCE OF 25 FEET TO POINT OF BEGINNING.
APN 0478-144-01-0-000
EXHIBIT B
GRANT DEED & CERTIFICATE OF
ACCEPTANCE
RECORDING REQUESTED BY:
VICTORVILLE WATER DISTRICT
WHEN RECORDED RETURN TO:
VICTORVILLE WATER DISTRICT
c/o CITY OF VICTORVILLE
14343 CIVIC DRIVE
VICTORVILLE, CA 92392
ATTN: CITY CLERK
Exempt from recording fees pursuant to California Government Code Section 6103 and/or 27383 [Space above for Recorder’s Use]
APN: 0478-144-01
GRANT DEED
The Undersigned grantor(s) declare(s):
This transfer is exempt from the documentary transfer tax.
The document transfer tax is $0.00 and is computed on:
The full value of the interest or property conveyed, or The full value less the liens or encumbrances remaining thereon at the time of sale.
The property is located in the City of Victorville
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Sergio L. Carcelen, a single man (“GRANTOR”), hereby GRANT(S) to the Victorville Water District, a county water district organized under the laws of the State of California, (“GRANTEE’), the following real property in the City of Victorville, County of San Bernardino, State of California described as follows:
See Exhibit “A” legal description of property attached hereto and incorporated herein.
IN WITNESS WHEREOF, the undersigned state that they are the person(s) whose signature is required to convey the interest stated within this instrument and has/have caus ed this instrument to be executed this ______day of _________________, 2023.
GRANTOR
___________________________________
Sergio L. Carcelen
EXHIBIT A
To Grant Deed
LEGAL DESCRIPTION
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
PORTION SOUTHWEST ONE-QUARTER SOUTHWEST ONE-QUARTER SECTION 9 TOWNSHIP 5 NORTH RANGE 4 WEST SAN BERNARDINO BASE AND MERIDIAN COMMENCING AT THE SOUTHWEST CORNER SAID SECTION 9 THENCE NORT H 89 DEGREES 25 MINUTES 35 SECONDS EAST 505 FEET THENCE
NORTH PARALLEL TO WEST LINE OF SAID SECTION TO A POINT ON NORTH LINE MOJAVE DRIVE THENCE CONTINUING NORTH 125 FEET TO TRUE POINT OF BEGINNING THENCE SOUTH 89 DEGREES 25 SECONDS 35 MINUTES WEST 15.90 F EET THENCE ON A TANGENT CURVE TOP THE LEFT WITH A RADIUS OF 20 FEET THROUGH A CENTRAL ANGLE OF 44 DEGREES 24 MINUTES 55 SECONDS A DISTANCE OF 15.50 FEET THENCE NORTHEASTERLY ALONG A TANGENT CURVE CONCAVE NORTHWESTERLY WHOSE RADIUS IS 50 FEET A DISTANCE OF 35.77 FEET THENCE NORTH 89 DEGREES 25 MINUTES 35 SECONDS EAST 15.30 FEET THENCE SOUTH PARALLEL WITH WEST LINE SAID SECTION 9 A DISTANCE OF 25 FEET TO POINT OF BEGINNING.
APN 0478-144-01-0-000
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by grant deed dated _______________________, 2023 from Sergio L. Carcelen, a single man (“Grantor”), to the Victorville Water District , a county water district organized under the laws of the State of Ca lifornia (“Grantee”), is hereby accepted by the undersigned officer/agent on behalf of the Board of Directors of the Victorville Water District pursuant to authority conferred by resolution of the Victorville Water District adopted on _________________________ and the Grantee consents to recordation thereof by its duly authorized officer/agent.
Victorville Water District,
a county water district
By:
Keith C. Metzler, General Manager
Dated:
ATTEST:
By:
Jennifer Thompson, District Secretary
Dated:
P:\APPS\WPDATA\VVCA\0060 WATER DISTRICTS\DOC\265.4-22.10.26.CARCELEN PROPERTY DONATION AGREEMENT LMP CLEAN REVISION 10.26.22 TLT 04.21.23.DOCX Attachment B
Resolution No. VWD 23-005
RESOLUTION NO. VWD 23-005
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
VICTORVILLE WATER DISTRICT ACCEPTING THE DONATION OF
REAL PROPERTY TO THE VICTORVILLE WATER DISTRICT
AUTHORIZING THE GENERAL MANAGER TO ENTER INTO A REAL
PROPERTY DONATION AGREEMENT WITH SERGIO L. CARCELEN
WHEREAS, Sergio L. Carcelen owns a small parcel of land (APN 0478-144-01) in fee simple; and
WHEREAS, Sergio L. Carcelen desires to donate said parcel of land to the Victorville Water District as a charitable contribution; and
WHEREAS, the land to be donated (the “ Property”) is vacant land and is more specifically described on Exhibit A; and
WHEREAS, the Victorville Water District desires to accept Donor’s donation of the Property, which is immediately adjacent to an existing parcel of land owned by the Victorville Water District on which a water well is located, so the Property can be used for public purposes.
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE VICTORVILLE
WATER DISTRICT HEREBY FINDS, DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS:
Section 1. That the recitals set forth above are true and correct and are incorporated as an operative part of this Resolution, including any including any definitions set out therein.
Section 2. That the donation of the Property to the Victorville Water District is hereby accepted.
Section 3. That the District General Manager is directed to enter into and execute on behalf of the Victorville Water District an agreement in a form approved by Victorville Water District Legal Counsel wherein Sergio L. Carcelen agrees to donate the subject Property to the Victorville Water District.
Section 4. That the District General Manger is authorized to execute any additional documents, including without limitation a certificate of acceptance, and take such other actions as may be required to consummate the Property donation and vest title thereto in the Victorville Water District.
Section 5. That this Resolution shall be effective immediately upon its adoption.
Section 6. That the District Secretary shall certify to the passage and adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this ___ day of ___________, 2023.
_________________________
DEBRA JONES,
DISTRICT CHAIRMAN
ATTEST:
_________________________
JENNIFER THOMPSON,
DISTRICT SECRETARY
APPROVED AS TO FORM:
_________________________
ANDRE DE BORTNOWSKY,
DISTRICT LEGAL COUNSEL
EXHIBIT A to
RESOLUTION NO. VWD 23-005
LEGAL DESCRIPTION OF PROPERTY
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
PORTION SOUTHWEST ONE -QUARTER SOUTHWEST ONE -QUARTER SECTION 9 TOWNSHIP 5 NORTH RANGE 4 WEST SAN BERNARDINO BASE AND MERIDIAN COMMENCING AT THE SOUTHWEST CORNER SAID SECTION 9 THENCE NORTH 89 DEGREES 25 MINUTES 35 SECONDS EAST 505 FEET THENCE NORTH PARALLEL TO WEST LINE OF SAID SECTION TO A POINT ON NORTH LINE MOJAVE DRIVE THENCE CONTINUING NORTH 125 FEET TO TRUE POINT OF BEGINNING THENCE SOUTH 89 DEGREES 25 SECONDS 35 MINUTES WEST 15.90 FEET THENCE ON A TANGENT CURVE TOP THE LEFT WITH A RADIUS OF 20 FEET THROUGH A CENTRAL ANGLE OF 44 DEGREES 24 MINUTES 55 SECONDS A DISTANCE OF 15.50 FEET THENCE
NORTHEASTERLY ALONG A TANGENT CURVE CONCAVE NORTHWESTERLY WHOSE RADIUS IS 50 FEET A DISTANCE OF 35.77 FEET THEN CE NORTH 89 DEGREES 25 MINUTES 35 SECONDS EAST 15.30 FEET THENCE SOUTH PARALLEL WITH WEST LINE SAID SECTION 9 A DISTANCE OF 25 FEET TO POINT OF BEGINNING.
APN 0478-144-01-0-000
P:\APPS\WPDATA\VVCA\0060 WATER DISTRICTS\DOC\265.4-22.10.25.RESO CARCELEN PROPERTY DONATION W LMP CHANGES TLT 04.24.23.DOCX
Attachment C
Property Map
CARCELEN LAND DONATION APN: 0478-144-01
APN 0478-144-01
Water District
Well
Item Number: 16
City Council / Board of Directors
Written Communications
Meeting of: May 2, 2023
Submitted By:
Jennifer Thompson, City Clerk
Subject:
Monthly mileage allowance for the Mayor and Mayor Pro Tem Recommendation:
Any action is at the discretion of Your Honorable City Council.
Fiscal Impact:
The fiscal impact associated with this item would be $400 per month for an annual amount of $4,800. For the remainder of Fiscal Year 22-23 the effect would be $800 and would not require an additional appropriation as sufficient funds exist in the City Council wages account (1001220-51100).
Background:
The Victorville Municipal Code, Chapter 2.16 states the following:
2.16.040 - Salaries—Exclusive of reimbursement.
The salaries prescribed in this chapter are and shall be exclusive of any amounts payable to each member of the city council as reimbursement for actual and necessary expenses incurred by him or her in the performance of official duties for the city.
2.16.060 - Reimbursement for expenses.
In addition to the salary provided for in Section 2.16.020, city council members may be reimbursed for the actual and necessary expenses incurred in the performance of their official duties, as such reimbursement has been established by the policies adopted by resolution of the city council pursuant to the provisions of California Government Code Section 53232 et seq. and other applicable laws. 3 0
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Additionally, the City Council Policy and Procedure Manual Chapter 8, Section IV indicates the following:
IV. CITY COUNCIL SPENDING AND REIMBURSEMENT POLICY
A. Effect of CP-12-01. Except as specified otherwise in this Section, the provisions of the Expense Reimbursement Policy set forth in Council Policy No. CP-12-01, or any amendment(s) to or successor Council Policy adopted in lieu thereof (“CP-12-01”) shall apply to all City Councilmembers. The provisions of Council Policy Nos. CP-93-5 and CP-73-3, to the extent currently in effect, are completely superseded by this Section.
B. Events and Covered Expenses. As long as all other requirements of this Section IV are also met, covered expenses (as that term is used in CP-12-01) incurred by City Councilmembers constitute reimbursable expenses when they engage and/or participate in the following activities and/or events (“Events”):
1. Communicate with representatives of regional, state, and national government and their various agencies and entities on City-adopted or authorized policy positions.
2. Attend educational seminars designed to improve
Councilmembers’ skill and information levels.
3. Participate in regional, state, and national organizations, e.g., California League of Cities or National League of Cities, whose activities affect the city’s interests.
4. Attend City-sponsored events.
5. Travel out-of-state or internationally for the above purposes.
C. Advance City Council Approval of Expenditures for Events. Prior to making travel, transportation, and/or lodging arrangements for any Event for which a Councilmember wishes to be reimbursed by the City, the Councilmember must have the Event and the expenditure approved. Requests for travel and meeting expense reimbursements or City- paid travel and meetings for any Event(s) will require the advance approval of the City Council at a regularly-scheduled Council Meeting under an agendized item requesting such approval.
The foregoing requirement for approval of travel expenses shall not apply when the City Councilmember is traveling in connection with his/her required attendance at meetings of legislative bodies of 3 0
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outside agencies to which the Councilmember has been appointed to serve as a City representative or alternate pursuant to Chapter 9, Section IV of this Manual.
D. Meeting Reporting Requirement. Councilmembers shall provide a brief report on any meeting or event attended at the expense of the City at the next regular meeting of the Council. If multiple Councilmembers attended the same event, a joint report may be made.
E. Additional Spending and Reimbursement Rules.
1.Spending Tracked. The City Manager’s Office will keep an individual spending and reimbursement record for each
Councilmember for the period of July 1 to June 30 of each year.
2.Intrastate/International Travel. No travel outside the state or the country is permitted without advance approval of the City Council, who shall make such decision at a Council Meeting under an agendized item requesting such approval.
3.Travel Arrangements. Hotel and travel accommodations may be made by City staff or the Councilmember. Councilmembers shall use best efforts to seek the most reasonable, cost-effective manner of travel and/or accommodations, keeping in mind that such travel and/or accommodations are being provided at the expense of the taxpayers.
F. Expense Reports Required. In order to receive expense reimbursements, Councilmembers shall complete and submit to the City Manager’s Office a Travel and Expense Reimbursement Form and Report (“Expense Report”) within a reasonable time after incurring the expense, but in no event, shall it be later than 30 days thereafter. The following rules shall also apply:
1. Each Expense Report shall be accompanied by all receipts documenting each expense with proof of the advance approval obtained from the City Council (or the City Manager, as applicable).
2. The Councilmember shall verify that the expenses for which reimbursement is sought were incurred on behalf of the City in the performance of official duties and otherwise meet the requirements of this Section IV.
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3. All documents related to reimbursable expenditures, including, but not limited to, the Expense Report and actual receipts, are public records subject to disclosure under the Public Records Act.
Any personal information, e.g., credit card numbers, contained on any receipts may be redacted before publicly releasing such records.
G. City Manager Authority. The City Manager has the authority to determine the reasonableness of an expense and, as such, may disallow it for reimbursement. A request for reimbursement that has been disallowed by the City Manager may be appealed to the City Council who will make its decision at a regularly scheduled City Council Meeting under an agendized item requesting such appeal.
The decision of the City Council shall be final.
Discussion:
At the City Council meeting of April 18, 2023, it was moved by Mayor Jones and approved by a majority vote to agendize an item for discussion and possible action regarding providing a monthly mileage allowance to the Mayor in the amount of $250 and the Mayor Pro Tem in the amount of $150 per month for additional travel required in connection with the duties of said positions.
Attachments: A. CP-12-01 Expense Reimbursement Policy
ATTACHMENT A
CITY OF VICTORVILLE
COUNCIL POLICY
SUBJECT:
EXPENSE REIMBURSEMENT POLICY
POLICY NO: CP-12-01
SUPERCEDES:
Council Policies: CP -89-2 dated March 21, 1982;
CP-91-3, dated April 16, 1991; CP -93-3, dated
January 1, 1992; CP -96-1 dated March 12, 1996;
and CP-01-1 dated October 16, 2001
Administrative Policies: C-4 dated December 15,
1975
DATE: September 18, 2012
I. RESPONSIBILITY
City officials and employees are required from time to time to attend various meetings , conferences and seminars or other events which relate directly to City programs, policies, operations and activities. Accordingly, it is the intent of this policy to establish rules and guidelines governing reimbursement for actual and necessary expenses incurred in the performance of these duties. This policy conforms to the requirements of California Government Code se ctions 53232 through 53232.4 to the extent that such requirements are applicable to charter cities under the California Constitution.
It is the responsibility of each official/employee to accomplish essential City travel as economically as feasible. The C ity Manager shall administer the provisions of the Expense Reimbursement Policy and shall have the authority to reduce or exclude expenses whenever, in his or her judgment, they are not necessary or reasonable as outlined in this Policy.
II. CITY MANAGER APPROVAL REQUIRED
Prior City Manager approval is required for all officials attendance and reimbursement for meetings, conferences, seminars and events to be held interstate or internationally.
II. COVERED TRAVEL AND MEETING EXPENSES
All reimbursement for travel, whether one day or multiple days, will require submittal of the City reimbursement form . The Department Head (for employees) and the City Manager (for officials) must approve all travel expenses prior to any funds being advanced or reimbursed by the City.
Examples of expenses that the City will not reimburse include, but are not limited to:
A. The personal portion of any trip;
B. Political or charitable contributions or events;
C. Family expenses, including spouse/partner expenses when accompanying an official/employee on City business, as well as children or pet-related expenses;
D. Entertainment expenses, including theater, movies (either in -room or at the theater), sporting events (including gym, massage and/or gol f related expenses), or other cultural events;
E. Alcohol/personal bar expenses;
F. Laundry or dry cleaning expenses;
G. Non-mileage personal automobile expenses, including repairs, traffic citations, insurance or gasoline; and
H. Personal losses incurred while on City business.
Any questions regarding the propriety of a particular type of expense should be resolved by the Department Head or City Manager before the expense is incurred.
III. TRANSPORTATION
The most economical mode and class of transportation reasonably consistent with scheduling needs must be used, using the most direct and time -efficient route. In an effort to reduce emissions and save costs , transportation should be considered in the following order:
A. Carpooling: Whenever possible, officials and employees will carpool, if they are attending the same event at the same time.
B. City Vehicles: Officials and employees should use a City vehicle whenever possible.
There shall be no allowance or reimbursement for transportation when a City vehicle is used. Receipted fuel expenses will be reimbursed.
C. Use of Privately Owned Vehicles: Documented automobile mileage is reimbursed at Internal Revenue Service (IRS) rates presently in effect (see www.irs.gov). These rates are designed to compensate the driver for gasoline, insurance, maintenance, and other expenses associated with operating the vehicle. The IRS rates will not be paid for rental vehicles; only receipted fuel expenses will be reimbursed. Mileage reimbursement will be provided from the workplace to and from the event only; the City will not reimburse for mileage for personal travel.
Where an empl oyee is paid a monthly car allowance, only documented mileage in excess of 200 miles per event shall be reimbursed.
D. Car Rental: Car rentals should be used when the rental and projected gas is at least $50 less than mileage for privately owned vehicle; or when required for traveling to or from the ai rport/hotel when the cost is less than taxi or shuttle fares as outlined herein. Receipted fuel expenses will be reimbursed.
E. Airfare: Airfares that are equal to or less than those available through the Enhanced Local Government Airfare Program offered through the League of California Cities (www.cacities.org/travel), the California State Association of Counties (http://www.csac.counties.org/default.asp?id=635) and the State of California are presumed to be the most economical and reasonable for purposes of reimbursement under this policy.
F. Taxi or Shuttle: Taxi or shuttle fares may be reimbursed to or from the airport/hotel, including a 15 percent gratuity per fare, when the cost of such fares is equal to or less than the cost of car rentals, gasoline and parking combined, or when such transportation is necessary for time-efficiency.
IV. LODGING
The cost of lodging will be paid by the City at the rates listed below, plus the cost of any applicable taxes. If the event requires no more than two (2) hours travel and starts at 9:00 a .m. or later, lodging will not be paid for the night before the even t. In general lodging will not be paid for the night after the event. If the event ends after 8:00 p .m. or later and requires more than three (3) hours travel time, lodging may be paid. Tips for baggage are not reimbursable.
A. Conferences/Meetings: If such lodging is in connection with a conference, lodging expenses must not exceed the group rate published by the conference sponsor for the meeting in question if such rates are available at the time of booking. If the group rate is not available, see next section.
B. Other Lodging: Officials/employees must request government rates, when available.
Lodging rates that are equal to or less than government rates are presumed to be reasonable and hence reimbursable for purposes of this policy.
If the official/employee chooses to incur additional costs that are above the rates established above, then they may do so at their own expense.
V. MEAL ALLOWANCE
The maximum itemized cost for individual meals (including tax and tip) is as follows:
Breakfast - $10, Lunch - $15, and Dinner - $25. The meal per diem allowance to cover the costs of meals (including tax and tip) shall not exceed $50.00 per day. The daily meal per diem shall not be used if any meals are provided by, or included with the registration of the event or hotel. If the event does not provide for special dietary needs, the meal allowance will be given. The City does not reimburse for alcohol.
VI. REGISTRATION
The City shall pay for registration fees as required for attendance.
VII. COMMUNICATION CHARGES
The City will reimburse telephone, fax, and internet charges utilized for City -related business purposes; such services used for personal reasons will not be reimbursed .
Where an official/employee is paid a month ly cell phone allowance, no telephone charges shall be reimbursed.
VIII. MISCEALLEOUS EXPENSES
Other miscellaneous expenses may be reimbursable if reasonably related and necessary to the authorized activity which the official/employee is attending as follows:
A. Long-term airport parking, if the travel period exceeds 24 hours.
B. On-site hotel parking or other reasonable parking fees.
C. Bridge and toll fees.
IX. REIMBURSEMENT FROM OTHER AGENCIES AND ORGANIZATIONS
Where reimbursement of all or part of travel and meeting expense is made by other organizations or agencies , such reimbursement shall be submitted directly to the City and shown on the City reimbursement form.
X. SUBMISSION DEADLINE
The City reimbursement fo rm must be submitted to the Department Head or City Manager within 30 days after returning from the event. To be reimbursed for travel expenditures, the City reimbursement form must be signed and submitted along with receipts supporting the expenses. No reimbursement shall be made until the City reimbursement form has been properly executed and approved by the Department Head or City Manager . The inability to provide receipts or other supporting documentation of expenses within the 30 days, and/or wit h the City reimbursement form, will result in the expense being borne by the official/employee.
XI. MEETING REPORTS
Council Members who attend meetings, conferences, seminars or events at the City’s expense will provide brief oral or written reports on those meetings at the next regular City Council meeting.
Employees whose total travel/training cost exceeds $500 will provide a brief report (less than one page) on the content of the tr aining, conference or event to the Department Head and City Manager. The report is to be submitted with the City reimbursement form.
XII. ON DUTY
All City personnel policies are in effect while an official/employee is serving in their official capacity.
XIII. TRAVEL ADVANCES
All requests for travel advances shall be submitted to the Finance Division as outlined in the Procedures for Use of the City of Victorville Credit Card Account. Any unused advance must be r eturned to the City along with the City reimbursement form and receipts documenting how the advance was used in compliance with this expense reimbursement policy.
XIV. CREDIT CARD USE POLICY
The City does not issue credit cards to individual office holders or employees but does have a City credit card for selected City expenses. City officials/employees may use the City’s credit card for such purposes as airline tickets and hotel reservations by following the Procedures for Use of the City of Victor ville Credit Card Account . Receipts documenting expenses incurred on the City credit card and compliance with this poli cy must be submitted with the City expense reimbursement form.
City credit cards may not be used for personal expenses, even if the official/employee subsequently reimburses the City.
XV. COMPLIANCE WITH LAWS
Officials and employees should be aware that some expenditures may be subject to reporting under the Political Reform Act and other laws. In addition, all City expenditures are public records subject to disclosure under the Public Records Act.
XVI. VIOLATION OF THIS POLICY
Misuse of public resources or falsifying expense reports in violation of this policy may result in any or all of the following:
A. Loss of reimbursement privileges,
B. Restitution to the City of Victorville,
C. Civil penalties for misuse of public resources, and
D. Prosecution for misuse of public resources.
Item Number: 17
City Council / Board of Directors
Written Communications
Meeting of: May 2, 2023
Submitted By:
Jennifer Thompson, City Clerk
Subject:
City Council Members’ Proof of Residency
Recommendation:
Any action is at the discretion of Your Honorable City Council.
Fiscal Impact:
There is no fiscal impact associated with this item.
Background:
At the City Council meeting of April 4, 2023, it was moved by Council Member Becerra and approved by a majority vote to agendize an item for discussion and possible action regarding Council Members providing proof of residency.
Discussion:
City Council Policy and Procedure Manual, Chapter 2, Section IV A states, A. Annual Review of Residency
Government Code Section 36052(a) requires Councilmembers of this City to maintain a legal residence or domicile within the City of Victorville and rules regarding residency are further discussed in Section 243 and 244 of the Government Code. To properly ensure compliance, Councilmembers shall be required to certify with the City Clerk annually, their residency or domicile within the City of Victorville.
Acceptable forms of proof of residency are as follows:
Councilmembers are required to live in the District they represent and are required to live in the City of Victorville during their entire term in 3 0
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office. To ensure that the Councilmembers continue to live in the area they represent, each elected official must submit one of the following documents to the City Clerk during the first 31 calendar days of the year (January 1st to 31st):
1. Proof of home ownership as evidenced by:
1) a copy of a title deed or grant deed, a mortgage payment billing statement verifying the address or any other document that can verify home ownership and residency of the property, or
2) evidence of a homeowner's property tax exemption filed with the County of San Bernardino Assessor for proof that the home is their primary residence.
If the elected official does not have a tax exemption on file they must submit an affidavit signed by the elected official verifying that the home is their primary residence; or
If the home ownership is in the name of a person other than the elected official, or in the name of a legal entity, such as a trust, partnership or corporation, the elected official must submit an affidavit signed by the homeowner or authorized legal representative of the entity verifying that the elected official is living in the home as their primary residence; or If the residence is rented or leased by the elected official, the elected official will provide proof of residency by submitting a signed copy of a current and legally enforceable lease or rental agreement demonstrating that the elected official resides at the specified address; or
If an elected official is living at a residence without a lease/rental agreement the elected official must have the landlord or property owner sign an affidavit verifying, under penalty of perjury, the elected official's residency in landlord or owner's property.
2. Proof of current motor vehicle registration, if any motor vehicles are registered to the elected official for the residence claimed or proof of a valid California driver's license showing their address on their license is within the District they represent. If the residence address on either the driver's license or auto registration is in process of being changed, the elected official must provide a document from the California Department of Motor Vehicles (Form DMC14) verifying the change is in process. If the elected official does not own an automobile or does not have a California driver's license, the elected official must submit any other State of California issued identification 3 0
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showing that their address on the identification document is consistent with the address shown on their current voter registration.
3. A current utility bill in the elected member's name showing that the service address is within the respective District for the Councilmember in the elected official's name. In the event a utility bill has not been generated, a letter from an authorized representative of the utility provider stating that an account has been opened in the elected official's name will suffice. If there is an agreement with a landlord or other legal entity, as verified by a rental contract or lease contract, that the landlord or other legal entity will pay the utility bill, the elected official must submit an affidavit signed by the landlord or the other legal entity's authorized legal representative, verifying that the landlord or other legal entity is responsible for paying the utility bill.
4. Other documents showing current residence address in the respective District for Councilmembers:
A. School records or any official document issued by an accredited educational institution, sealed by the school.
B. Current paycheck stub or personnel record issued by the elected official's employer.
C. Current homeowner or renter insurance policy.
D. Current documents issued by any California court or a federal court that lists the name of the elected official and their residence address.
E. Original record issued by any state or national bank, state or federal savings association, trust company, industrial loan company, state or federal credit union, or any institution or entity that has issued a credit card.
Additionally, the elected official must sign an affidavit verifying, under penalty of perjury, residency.
In the event that a Councilmember moved to a new residence within the District, after the filing of the previous affidavit, the elected official must confirm the new address within 60 days of moving by providing one of the documents listed in items 1 through 4 and an affidavit to the City Clerk.
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Incumbent elected officials who have not relocated since the information required by this Section was last provided may comply with this Section by supplying a copy of a current driver's license or State of California issued identification card and an affidavit that they have not relocated and all previously supplied information remains true and correct. The City Clerk shall confirm that the residence address on the incumbent elected official's voter registration is consistent with the other items supplied to demonstrate the residence address in the respective District that residence is claimed for serving in a City Council seat.
Failure to provide any of the above-required documents on or before January 31st of each year shall be referred to the City Council for further action and could result in his/her office becoming vacant in accordance with Government Code Section 36502, and the City Council could take an action to remove said Councilmember.
Government Code Section 36502(a) provides:
“A person is not eligible to hold office as
councilmember…unless he or she is at the time of assuming the office an elector of the city, and was a registered voter of the city at the time nomination papers are issued to the candidate…If, during his or her term of office, he or she moves his or her place of residence outside of the city limits or ceases to be an elector of the city, his or her office shall immediately become vacant.”
Alternatively, for non-compliance with this Section, the Council could consider taking action to remove the Councilmember from committee assignments and access to public facilities outside of normal working hours.
To date, the following documents have been provided.
Council Member Documents Provided District
Mayor Jones Deed & Utility Bill 2
Mayor Pro Tem
Becerra
Utility Bill At Large
Council Member
Gomez
Voter Registration and DMV Registration
(Street Numbers Redacted)
At Large
Council Member
Harriman
Utility Bill 4
Council Member
Irving
Utility Bill At Large
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If Council desires, which is not addressed in the City Council Policy and Procedure Manual, staff can prepare an update, on consent calendar in February of each year advising if residency requirements have been met.
Staff remains available for any questions or comments you might have.
Attachments: None
Item Number: 18
City Council / Board of Directors
Written Communications
Meeting of: May 2, 2023
Submitted By:
Andre de Bortnowsky, City Attorney
Subject:
Ability to suspend stipend/salary based on Councilmember misconduct Recommendation:
Any action is at the discretion of the City Council.
Fiscal Impact:
There is no fiscal impact associated with this action.
Background:
At the March 21, 2023 City Council meeting, a motion was made by Councilmember Becerra and approved by majority of the Council to have the City Attorney look into the possibility of suspending the stipend/salary of Councilmembers who engage in various forms of misconduct. This Staff Report examines various issues surrounding such proposed salary suspension.
Discussion:
Government Code Section 36183 states that: “The [city] council may establish rules for the conduct of its proceedings. It may punish a member or other person for disorderly behavior at a meeting.” That said, no specific types of punishment are listed in this statute and no case has explored what types of punishment are permissible thereunder.
Chapter 2.16 of the Victorville Municipal Code (enacted pursuant to Government Code Section 36516 et seq.) sets the amount and requires payment of salaries to Councilmembers, but does not allow for such salaries to be changed during Councilmembers current terms of office. The method of setting salaries is initially based on the City’s population and increased thereafter in connection with the formula set forth in Government Code Section 36516(a). Government Code Section 36516(b) further appears to permit Councilmember salaries to be increased or decreased by a determination of the voters, which can be made at any municipal election. 3 0
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While there appears to be no State statute, case law, or Attorney General Opinion supporting the ability of a city council to suspend the stipend/salary of one of its members, it has come to our attention that the City of Cypress (“Cypress”) recently adopted an ordinance allowing for the levying of fines, suspension of salary/stipends, and other forms of punishment for violations of the council’s rules of decorum (adopted via ordinance) and/or its “Civility, Conduct and Governance Policy.” It further appears that on at least on one occasion, Cypress did adopt a resolution of censure against one of its members which included a fine and salary suspension. It must be noted that the Ordinance adopted by Cypress was expressly limited to violations of the City’s rules of decorum and policies it had set as opposed to general acts of misconduct.
Through our research of this matter, we have been unable to find any other cities that have adopted similar ordinances or policies. However, we did learn that in 2016 the California State Legislature submitted a ballot measure to the voters (Proposition 50) to amend the California Constitution to permit the members of each house to suspend a member and deem the salary and benefits of that member to be forfeited for all or part of such suspension. Prior to the passage of Proposition 50, the Legislature had the power to suspend members for misconduct but lacked the ability to suspend pay or benefits of members, even when such misconduct included allegations of a criminal nature.
Arguably, an elected official has some claim that his or her government salary is an entitlement. As such, to the extent there is any deprivation of such an entitlement, at a minimum, a pre-deprivation due process hearing would likely be required.
Moreover, since the salary of Councilmembers is established in the Victorville Municipal Code (“VMC”), any attempt to modify salary provisions would require an amendment of the VMC by ordinance.
Furthermore, if the circumstances surrounding a violation involve an allegation of suppression of protected speech, it is also conceivable that any action to reduce or suspend a Councilmember’s stipend/salary or benefits could be challenged on the grounds that such action constitutes a First Amendment retaliation claim. There appears to be some case law to support such a theory.
The law in this area is unsettled at best. Given (1) that the rules regarding salaries in the Government Code and the VMC control the setting and changing of councilmember salaries; (2) the absence of any specific statute or constitutional provision authorizing suspension of pay of local elected officials who violate the rules of the body; (3) the limiting language in Government Code Section 36813 which restricts the ability to punish to a member to “disorderly behavior at a meeting”; and (4) the lack of legal precedent interpreting the scope of punishments that can lawfully be imposed under Section 36813, there is a colorable argument that suspension of salary/stipend is not a permissible punishment.
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Notwithstanding the foregoing, to the extent the City Council wishes to pursue the adoption of an Ordinance to provide for the suspension of stipends/salaries, it would need to be very narrowly drafted and be specific as to which type and what level of misconduct it is seeking to restrain.
Attachments: None
Item Number: 19
City Council / Board of Directors
Written Communications
Meeting of: May 2, 2023
Submitted By:
Andre de Bortnowsky, City Attorney
Subject:
Councilmember Reprimand for City Councilmember Blanca Gomez Recommendation:
Any action is at the discretion of the City Council.
Fiscal Impact:
There is no fiscal impact associated with this action.
Background:
Allegations have been made against Councilmember Gomez that she is attaching her City business cards in connection with personal food and/or product deliveries within the City of Victorville and other areas in the Victor Valley. Specifically, there is evidence that her business card was attached to an Instacart delivery.
Unauthorized use of City business cards, which contain the City’s logo, is a violation of Chapter 8, Section III, subdivision I of the City Council Policy and Procedures Manual (“Policy Manual”). Improper use of the City logo is also prohibited by Chapter 8, Section II, subdivision B.1 of the Policy Manual and is a violation of Chapter 1.06 of the Victorville Municipal Code. Such use of public resources may also be a violation of California Government Code Section 8314. (See Attachment A).
The use of the City’s business cards in this manner may also create significant liability for the City to the extent a recipient of delivered items is in some way harmed as a result of the delivery. In such an event, a delivery recipient might look to the City for compensation.
Providing a business card with the delivery of food or other products may further give the recipient the impression that these products are endorsed by the City and may also create issues for the suppliers of such food or products to the extent such suppliers may not want to be affiliated with the City of Victorville.
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Discussion:
To the extent it can be established that the aforementioned activities are in fact occurring, the recommendation would be to immediately transmit a Cease-and-Desist letter to Councilmember Gomez and to the extent said Cease-and-Desist letter is not complied with, the Council should consider a Resolution of Reprimand. In addition, the City should also consider notifying members of the public, as well as local businesses, that not only is this practice not being endorsed by the City, but it is also in violation of numerous City policies and laws and may also be in violation of State Law.
Attachments: A. California Government Code, Victorville Municipal Code, Victorville Policy Manual
ATTACHMENT A
ATTACHMENT A
California Government Code Section 8314
(a) It is unlawful for any elected state or local officer, including any state or local appointee, employee, or consultant, to use or permit others to use public resources for a campaign activity, or personal or other purposes which are not authorized by law.
(b) For purposes of this section:
(1) “Personal purpose” means those activities the purpose of which is for personal enjoyment, private gain or advantage, or an outside endeavor not related to state business. “Personal purpose” does not include the incidental and minimal use of public resources, such as equipment or office space, for personal purposes, including an occasional telephone call.
(2) “Campaign activity” means an activity constituting a contribution as defined in Section 82015 or an expenditure as defined in Section 82025. “Campaign activity” does not include the incidental and minimal use of public resources, such as equipment or office space, for campaign purposes, including the referral of unsolicited political mail, telephone calls, and visitors to private political entities. (3) “Public resources” means any property or asset owned by the state or any local agency, including, but not limited to, land, buildings, facilities, funds, equipment, supplies, telephones, computers, vehicles, travel, and state- compensated time.
(4) “Use” means a use of public resources which is substantial enough to result in a gain or advantage to the user or a loss to the state or any local agency for which a monetary value may be estimated.
(c) (1) Any person who intentionally or negligently violates this section is liable for a civil penalty not to exceed one thousand dollars ($1,000) for each day on which a violation occurs, plus three times the value of the unlawful use of public resources.
The penalty shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General or by any district attorney or any city attorney of a city having a population in excess of 750,000. If two or more persons are responsible for any violation, they shall be jointly and severally liable for the penalty.
(2) If the action is brought by the Attorney General, the moneys recovered shall be paid into the General Fund. If the action is brought by a district attorney, the moneys recovered shall be paid to the treasurer of the county in which the judgment was entered. If the action is brought by a city attorney, the moneys recovered shall be paid to the treasurer of that city.
(3) No civil action alleging a violation of this section may be commenced more than four years after the date the alleged violation occurred. (d) Nothing in this section shall prohibit the use of public resources for providing information to the public about the possible effects of any bond issue or other ballot measure on state activities, operations, or policies, provided that (1) the informational activities are otherwise authorized by the constitution or laws of this state, and (2) the information provided constitutes a fair and impartial presentation of relevant facts to aid the electorate in reaching an informed judgment regarding the bond issue or ballot measure.
(e) The incidental and minimal use of public resources by an elected state or local officer, including any state or local appointee, employee, or consultant, pursuant to this section shall not be subject to prosecution under Section 424 of the Penal Code.
(Amended by Stats. 2003, Ch. 62, Sec. 109. Effective January 1, 2004.)
Victorville Municipal Code - Chapter 1.06.010 – 1.06.030 • 1.06.010 - City endorsement of event or activity.
Prior written authorization of the city council is required for an event or activity organizer to use the words "The City of Victorville" or "City of Victorville" or to use the city seal, logo, slogan or flag or any similar combination or facsimile thereof, in the title or advertisement of an event or activity that would reasonably imply an official endorsement of the event or a ctivity by the city.
(Ord. 2033 § 1 (part), 2004)
• 1.06.020 - City seal.
(a) The city seal for the city of Victorville is adopted and approved. The seal shall contain the name of the city and date of incorporation and shall appear as approved by the ordinance codified in this chapter and as maintained on file in the office of the city clerk.
(b) The city clerk shall have custody and charge of the city seal. Except as provided by this chapter, the city seal shall not be affixed to any instrument without the special warrant of the city clerk.
(c) The city seal is the property of the city. It shall be unlawful for any person to use or allow to be used the city seal, or any cut, facsimile or reproduction of the design thereof, or which may be mistaken for the ci ty seal or the design thereof, for malicious or commercial purposes, or for any purpose other than for city purposes or for the purposes of any officer, board or department thereof, without the express written consent of the city council of the city of Vic torville. (Ord. 2033 § 1 (part), 2004)
• 1.06.030 - City logo.
(a) The city logo for the city of Victorville is adopted and approved. (b) There shall be three official color versions of the city logo: black and white, blue and white and multi -colored. Each version shall appear as approved by this chapter and as maintained in the office of the city clerk. (c) No person shall use or allow to be used the city logo, or any cut, facsimile or reproduction of the logo, or make or use any design which is an imitatio n of the logo or of the design thereof, or which may be mistaken for the city logo or the design thereof, for commercial purposes, or for any purpose other than for city purposes or for the purposes of any officer, board or department thereof, without the express consent of the city manager in accordance with this chapter.
Victorville City Council Policy Manual - Chapter 8, Section II, Subdivision B. 1
B. Prohibitions on Use of Public Resources for Personal or /Campaign Purposes.
1. Letterhead and Staff. City letterhead and staff support cannot be utilized for personal or political purposes. Any use of the City’s logo, flag, seal, slogan, or name shall further be subject to the provisions of Chapter 1.06 of the Victorville Municipal Code and applicable State laws. The use of the City Seal, logo, or other insignia on personal matters and correspondence is not permitted.
Victorville City Council Policy Manual - Chapter 8, Section III, Subsection I
I. SPEAKING FOR “THE CITY”
B. Business Cards. City Councilmembers will be provided with City Manager approved business cards in increments of 500. No more than one order will be processed within a 12 -month period unless approved in advance by the City Manager. City business cards may not be used for personal or financial gain, for obtaining privileges not otherwise available to a Councilmember, or for soliciting political contributions. Councilmembers are prohibited from using any other form of non-approved business cards that contain the City logo, the City seal, the City flag, or the City slogan.