HomeMy WebLinkAboutAGENDA REPORT 2025 1105 CC REG ITEM 09ACITY OF MOORPARK, CALIFORNIA
City Council Meeting
of November 5, 2025
ACTION APPROVED STAFF
RECOMMENDATION.
BY A. Hurtado.
A. Consider Approval of Community Resource Center License Agreement with
Southern California Edison for the Use of Certain City Facilities During Public
Safety Power Shutoff Events. Staff Recommendation: Authorize the City Manager
to execute a License Agreement between the City of Moorpark and Southern
California Edison for use of certain City facilities, subject to final language approval
of the City Manager. (Staff: Roger Pichardo, Program Manager)
Item: 9.A.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Roger Pichardo, Program Manager
DATE: 11/05/2025 Regular Meeting
SUBJECT: Consider Approval of Community Resource Center License
Agreement with Southern California Edison for the Use of Certain City
Facilities During Public Safety Power Shutoff Events
BACKGROUND
In October 2020, the City entered into a License Agreement (Agreement) for a term of
three years, with the option to extend the term in one-year increments for up to two
additional years. The Agreement expired on October 27, 2025. Under the Agreement
terms, certain City facilities were designated as Customer Resource Centers (CRCs) to
support Southern California Edison’s (SCE) Public Safety Power Shutoff (PSPS) events,
which are triggered by events such as wildfires, windstorms, and inclement weather.
Since 2020, SCE has requested the use of certain City facilities 15 times to set up and
operate temporary CRCs capable of accommodating up to 40 people at any time.
On October 1, 2025, the City Council directed staff to conduct a cost analysis of the
impacts to the City resulting from PSPS events and to meet with SCE representatives to
consider an adjustment to the daily rental rate for the use of City facilities during such
events.
DISCUSSION
The scale of the proposed CRCs is relatively modest, with space and seating
requirements limited to accommodating 40 people at any time. These needs can be
reasonably supported by certain existing indoor and outdoor City facilities, as outlined
below. In short, the CRCs do not require large specialized spaces, and the City has
suitable locations available to accommodate SCE’s request.
Item: 9.A.
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Honorable City Council
11/05/2025 Regular Meeting
Page 2
Indoor License Areas
1. Active Adult Center (Citrus Room)
o Location: 799 Moorpark Avenue, Moorpark, CA 93021
2. Arroyo Vista Recreation Center (Magnolia Room)
o Location: 4550 Tierra Rejada Road, Moorpark, CA 93021
Outdoor License Areas
1. College View Park Parking Area
o Location: College View Avenue and Campus Park Drive, Moorpark, CA
2. Moorpark Post Office Parking Area
o Location: 100 W. High Street, Moorpark, CA 93021
3. Arroyo Vista Recreation Center Parking Area
o Location: 4550 Tierra Rejada Road, Moorpark, CA 93021
The operation of the CRCs can continue to be integrated without significant disruption to
existing recreational activities, ongoing programs, or other anticipated emergency-related
uses.
Under the proposed five-year Agreement, setup and takedown of the CRCs will be carried
out by City staff using existing City equipment. During operational hours, the CRCs would
be staffed by SCE personnel, who also will be responsible for distributing information and
supplies, as well as ensuring the security of both the CRC and the City facility. All costs
associated with the use of City facilities as CRCs would be borne by SCE.
Cost Analysis Due to Impacts of PSPS Events
As directed by the City Council, City staff completed a cost analysis assessing the impacts
of PSPS events on the City. The following provides a summary of impacts from PSPS
events that occurred between January 7 and January 17, 2025.
Daily Cost Impact Summary – PSPS Events
• Total Average Daily Cost: ~ $7,630.43
• Primary Cost Drivers: Diesel fuel consumption for backup generators, personnel
costs, legal counsel, vehicle usage, fielding emails and phone calls, set up and
takedown of equipment such as battery backup, etc., and resetting lighting and
irrigation timers.
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Honorable City Council
11/05/2025 Regular Meeting
Page 3
Operational Notes from Ventura County Fire Department (VCFD) and Ventura County
Sheriff’s Office (VCSO) (Moorpark Police Department):
• No additional or measurable personnel hours were provided by VCFD and VCSO.
• Both fire stations (40 and 42) operated on generators consuming approximately
~44 gallons/hour combined during the PSPS.
• Police and Fire Departments reported no direct service delays or calls specifically
attributed to the PSPS event.
• Police data systems do not track PSPS-related service calls directly.
The PSPS event generated an estimated average daily operational cost to the City of
approximately $7,630. In contrast, the City receives approximately $1,500 per day in
compensation from SCE for use of the Magnolia Room during PSPS activations.
On October 22, 2025, City staff met with SCE’s Government Relations Manager to share
the results and requested to adjust their rates. However, SCE did not agree to do so
based on the requirements of the California Public Utilities Commission, which approves
how much SCE can spend on different programs. Also, SCE does not see these two
issues of standing up CRCs and compensating the City for the cost of responding to
PSPS events as being interconnected. While SCE’s Government Relations Manager did
not commit to any other actions, he did indicate that he would work internally to explore
other options to support City programs and City staff plans to continue those discussions
with SCE.
ENVIRONMENTAL DETERMINATION
This action is exempt from the California Environmental Quality Act (CEQA) as it does
not constitute a project, as defined by Section 15378 of the State CEQA Guidelines.
Therefore, no environmental review is required.
FISCAL IMPACT
City will receive compensation from SCE of $1,500 per day, per PSPS event, for the use
of indoor facilities, and $500 per use per day for the use of outdoor spaces. This revenue
will be used to offset indirect costs the City may incur in connection with this Agreement.
COUNCIL GOAL COMPLIANCE
This action does not support a current strategic directive.
STAFF RECOMMENDATION
Authorize the City Manager to execute a License Agreement between the City of
Moorpark and Southern California Edison for use of certain City facilities, subject to final
language approval of the City Manager.
Attachment: Draft Community Resource Center License Agreement
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COMMUNITY RESOURCE CENTER
LICENSE AGREEMENT
Between
SOUTHERN CALIFORNIA EDISON COMPANY
And
CITY OF MOORPARK
ATTACHMENT
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This License Agreement, together with the exhibits attached hereto (as amended, restated,
extended, renewed, modified, or supplemented from time to time, collectively, the “Agreement”
is made and entered into as of this 5th day of November, 2025 (the "Effective Date") by
SOUTHERN CALIFORNIA EDISON COMPANY, A California corporation (“SCE”) and THE
CITY OF MOORPARK, CALIFORNIA, a municipal corporation (“Licensor”). SCE and
Licensor are sometimes referred to herein individually as a “Party” and jointly as the “Parties”.
R E C I T A L S:
A. Licensor owns or leases certain real property in the State of California and is
willing to offer this real property and services for SCE’s use as a customer
resource center in connection with the loss or SCE’s shutoff of power for public
safety due to events such as wildfires, windstorms or high heat (“Public Safety
Events”) as defined in Section 3 below, pursuant to the terms and conditions set
forth in this Agreement.
B. SCE is willing to secure space and services from Licensor to use as a customer
resource center in connection with Public Safety Events pursuant to the terms and
conditions set forth in this Agreement.
C. The Parties desire to memorialize this mutual understanding and agreement for
making certain of the availability of Licensor’s dedicated space and services to
SCE in connection with Public Safety Events.
NOW, THEREFORE, for good and valuable consideration, the Parties agree as follows:
1. License Area. The dedicated spaces and locations subject to this Agreement are
identified in Exhibit B, which is attached hereto and incorporated herein by
reference.
2. Grant of License. Subject to the terms and conditions set forth in this Agreement,
Licensor grants SCE, SCE's Representatives, and SCE's customers the right to use
the License Area as a customer resource center in connection with a Public Safety
Event, provided such License Area has regular power service at the time of the
Public Safety Event, together with rights of ingress and egress to and from the
License Area.
3. Use. Upon request with at least twenty-four (24) hours’ advance notice and
subject to City approval in accordance with Section 4, the License Area shall be
available every day from 8:00 AM to 10:00 PM for up to five (5) consecutive
days per Public Safety Event. The days (including any partial days) during which
any of SCE's Activities are occurring in or on the License Area are referred to
herein as "Use Days." During Use Days, SCE shall have the shared right with
Licensor to use the License Area during the time period specified in this Section
3. SCE and its employees, contractors, agents, and representatives ("SCE's
Representatives") may enter the License Area for purposes of establishing and
operating a customer resource center in the case of a Public Safety Event (“Public
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Safety Event Activities"). Licensor acknowledges that, at no cost to Licensor,
Public Safety Event Activities may include, but are not limited to the following:
setting up signage, providing a smart phone charging kiosk, providing water and
snacks providing up-to-date information on outages to customers, and staging of
equipment, supplies and materials.
4. Event Notification. SCE shall give Licensor a minimum of twenty-four (24)
hours' prior notice of the date and time that SCE needs to access and use the
License Area (including which of the locations SCE needs to access and use) to
the contacts identified by Licensor in Exhibit A. Licensor must respond to SCE’s
notice and confirm availability of the requested locations for access and use by
SCE no later than 4 hours after receipt of SCE's notice of a Public Safety Event.
5. Term. This License Agreement shall be for a term of five (5) years, commencing
on the Effective Date. Either Party may terminate the Agreement on Notice,
which will be effective thirty (30) days after such Notice is given to the other
Party.
6. License Fee. Upon the end of each month, Licensor shall send an electronic copy
of the invoice to the SCE Contract Representative identified in Exhibit A for the
payment of the License Fee. For the use of indoor space, including the obligations
in Sections 7(a) and 7(b) and the provision of equipment in Section 8(c), SCE
shall, within forty-five (45) days of Licensor’s invoice to SCE, pay Licensor a
fixed fee of One Thousand Five Hundred Dollars ($1,500.00) per Use Day per
Public Safety Event for each location utilized. For the use of outdoor space, SCE
shall pay Licensor a fixed fee of Five Hundred Dollars ($500) per Use Day per
Public Safety Event for each location utilized. If Licensor is not able to make
License Area available for SCE’s use during any portion of the time period or
hours specified in Section 3, then the License Fee will be prorated accordingly.
SCE shall send payment to Licensor via check.
7. Licensor’s Obligations. Licensor shall be responsible for the following:
(a) Provision of the License Area, including air conditioning and heating
(except in outdoor spaces), wireless internet access, and reasonable access
to restrooms;
(b) Labor, equipment and materials to prepare the License Area and any
necessary support elements upon notice of Public Safety Event including
but not limited to setup of tables, chairs, TV monitors, refrigerators, and
temporary electrical outlets as identified and required in Section 8.
(c) Labor required to revert the License Area space back to the condition it was
in prior to its use for the Public Safety Event, reasonable wear and tear
excepted;
(d) Security personnel as needed; and
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(e) Incremental utility use for any extended opening hours during Public
Safety event.
8. Use of License Area.
(a) As Is. To Licensor's current actual knowledge, the License Area and the
property on which the License Area resides comply with all laws, including the
Americans with Disabilities Act and other accessibility laws. SCE accepts the
License Area "as-is," "where-is" and "with-all-faults," subject to all applicable
zoning, municipal, county and state laws, ordinances, and regulations governing
and regulating the use of the License Area. SCE may request Licensor to perform
alterations, repairs, or improvements to the License Area unrelated to applicable
laws, but SCE understands and agrees that Licensor shall not be obligated to make
any such alterations, repairs or improvements at any time.
(b) General Provisions. The demised License Area shall be of sufficient size
to comfortably accommodate up to forty (40) people at any time. Licensor shall
ensure the space is clean, with appropriate lighting and ventilation including air
conditioning, heating, and access to restrooms.
(c) Operation During Public Safety Event. Licensor shall have at least one
point of contact on site for SCE staff with whom to coordinate Public Safety
Event Activities. SCE may provide five (5) eight-foot folding tables and forty
(40) folding chairs to be stored at the License Area for use only during the Public
Safety Event. Licensor shall replace these tables and chairs if they are damaged
during storage or outside of a Public Safety Event, excluding accidental damage
and damage caused by acts of God. Licensor shall provide air conditioning,
heating, and adequate electrical service, and (if available) shall make reasonable
efforts to provide all other necessary equipment including two (2) refrigerators,
two (2) televisions, and two (2) DVD players hooked up to the televisions for use
by SCE and SCE Public Safety Event customers.
(d) Restoration. SCE shall exercise reasonable care in the conduct of Public
Safety Event Activities in the License Area. Upon SCE's ceasing to use the
License Area in connection with a particular Public Safety Event, SCE shall
remove all SCE signage, charging kiosk(s) and other supplies and materials and
personal property of SCE and SCE's Representatives.
(e) Safe Condition. Licensor agrees to maintain the License Area in a good,
clean, safe and sanitary condition during Use Days.
(f) Lawful Use Only. SCE shall not use the License Area during Use Days in
a manner that will in any way conflict with any law, statute, zoning restriction,
ordinance or governmental rule or regulation or requirement relating to the use or
occupancy of the License Area. During Use Days, SCE shall not use the License
Area for any unlawful or objectionable purpose, nor shall SCE cause or maintain
any nuisance in, on or about the License Area.
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(g) Mechanic's Liens. SCE shall keep the License Area free and clear of all
mechanic's liens arising, or alleged to arise, in connection with any work
performed, labor or materials supplied or delivered, or similar activities
performed by SCE or at SCE's request or for SCE's benefit. If any mechanic's
liens are placed on the License Area in connection with SCE's use or SCE's
Activities, SCE shall diligently pursue all necessary actions and remedies to
remove such liens from title, either by payment or by recording a lien release
bond in the manner specified in California Civil Code Section 8424 or any
successor statute.
9. Notices. All notices under this Agreement shall be made in accordance with
Exhibit A. Notices must, unless otherwise specified herein, be in writing and may
be delivered by hand delivery, first class United States mail, overnight courier
service, or e-mail. Notice provided in accordance with this Section 9 will be
deemed given as follows:
(a) Notice by e-mail or hand delivery will be deemed given at the close of
business on the day actually received if received during business hours on
a business day, and otherwise will be deemed given at the close of
business on the next business day.
(b) Notice by overnight United States mail or courier service will be deemed
given on the next business day after such Notice was sent out;
(c) Notice by first class United States mail will be deemed given two (2)
business days after the postmarked date;
Notices will be effective on the date deemed given, unless a different date for the
Notice to go into effect is stated in another section of this Agreement.
A Party may change its designated representatives, addresses and other contact
information by providing Notice of same in accordance herewith.
All Notices, requests, invoices, statements, or payments related to this Agreement
must clearly identify the fact, circumstance, request, issue, dispute or matter to
which such Notice relates.
10. Limitation of Liability. In no event shall either Licensor or SCE or any of their
employees, contractors, agents or representatives be liable to the other Party for
any indirect, consequential, special, incidental, or punitive damages under any
theory of liability, including, but not limited to, tort, contract, breach of warranty,
or strict liability in connection with this Agreement. In addition, the aggregate
amount of each Party’s liability or damages to the other Party in connection with
this Agreement shall not exceed Three Thousand Dollars ($3,000). This Section
10 shall survive the expiration or earlier termination of this License Agreement.
11. Indemnity. Licensor shall indemnify, defend and hold harmless SCE and its
governing body, officers, agents, and employees from and against all third-Party
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claims, losses, actions, demands, damages, costs, expenses (including, but not
limited to, reasonable attorneys' fees and court costs) (collectively, "Claims") to
the extent such Claims result from Licensor’s negligence or intentional or
unlawful misconduct related to Licensor’s performance of this Agreement.
SCE shall indemnify, defend and hold harmless Licensor and its governing body,
officers, agents, and employees from and against all Claims to the extent such
Claims result from SCE’s negligence or intentional or unlawful misconduct
related to SCE’s performance of this Agreement.
This Section 11 shall survive the expiration or earlier termination of this License
Agreement.
12. Insurance. Throughout the Term of this Agreement, SCE, and to the extent not
covered by SCE’s insurance policies, its contractors and subcontractors, shall, at
its own expense, provide and maintain in effect the insurance policies and limits
of coverage specified in this Section 12, and such additional coverage as may be
required by applicable laws, with insurance companies which are authorized to do
business in the state in which the services are to be performed and which have an
A.M. Best’s Insurance Rating of not less than A-, VII. The insurance
requirements specified herein do not in any way limit or relieve SCE of any
obligation assumed elsewhere in this Agreement, including its defense and
indemnity obligations.
(a) Workers’ Compensation Insurance with the statutory limits required by
the state having jurisdiction over SCE’s employees. Such insurance shall
include a waiver or subrogation in favor of Licensor;
(b) Commercial General Liability Insurance covering all operations by or on
behalf of SCE arising out of or connected with this Agreement, including
coverage for bodily injury and property damage. Such insurance shall bear
a per occurrence limit of One Million dollars ($1,000,000), and annual
aggregate of Two Million dollars ($2,000,000). Such insurance shall (1)
name Licensor as an additional insured, (2) include a waiver of
subrogation in favor of the Licensor, and (3) contain standard cross-
liability and severability of interest provisions, and be primary and non-
contributory.
(c) Commercial Automobile Liability Insurance covering bodily injury and
property damage with a combined single limit of One Million dollars
($1,000,000) per occurrence. Such insurance shall cover liability arising
out of SCE’s use of all owned (if any), non-owned and hired vehicles,
including trailers or semi-trailers, in the performance of this Agreement.
(d) Certificates of Insurance.
Within fourteen (14) days after the Effective Date, and within fourteen
(14) days after coverage is renewed or replaced, SCE shall furnish to
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Licensor certificates of insurance evidencing the coverage required in this
Section 12. All deductibles and self-insured retentions applicable to the
insurance in Section 12 shall be paid by SCE. SCE, or its insurance broker
or agent, shall provide Licensor with at least thirty (30) days’ prior written
Notice in the event of cancellation of coverage. Receipt of documents that
do not comply with the requirements stated herein, shall not limit or
relieve SCE of the duties and responsibility of maintaining insurance in
compliance with the requirements in this Section 12 and shall not
constitute a waiver of any of the requirements in this Section 12.
(e) SCE may self-insure the insurance requirements of this Section and shall
provide proof of self-insurance.
13. Miscellaneous.
(a) Governing Law. This Agreement shall in all respects be interpreted,
enforced, and governed by and under the laws of the State of California.
(b) No Waiver. Any waiver with respect to any provision of this Agreement
shall not be effective unless in writing and signed by the Party against
whom it is asserted. The waiver of any provision of this Agreement by a
Party shall not be construed as a waiver of a subsequent breach or failure of
the same term or condition or as a waiver of any other provision of this
Agreement.
(c) Counterparts. This Agreement may be executed in identical counterpart
copies, each of which shall be an original, but all of which taken together
shall constitute one and the same agreement.
(d) Authority. Each Party to this Agreement warrants to the other that it has
the right and authority to enter into and to perform its obligations under this
Agreement, without the consent of any third Party, and that the person
signing below is authorized to bind such Party.
(e) Rules of Construction. All references to time shall be in Pacific Daylight
Time when California observes Daylight Savings time and Pacific Standard
Time otherwise, unless otherwise stated.
(f) Exhibits and Entire Agreement. Exhibit A attached to this Agreement are a
part hereof and incorporated herein by this reference. This Agreement may
not be amended, except by a written agreement executed by both Parties.
(g) Electronic Signatures. This Agreement may be executed by electronic
signatures (e.g., using DocuSign or e-SignLive) or signatures transmitted in
portable document format ("PDF"), and copies of this Agreement executed
and delivered by means of electronic or PDF signatures shall have the same
force and effect as copies hereof executed and delivered with original
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manually executed signatures. The Parties may rely upon electronic and
PDF signatures as if such signatures were manually executed originals and
agree that an electronic or PDF signature page may be introduced into
evidence in any proceeding arising out of or related to this Agreement as if
it were an original manually executed signature page.
(h) Successors and Assigns. This Agreement shall be binding upon and inure
to the benefit of the heirs, personal representatives, successors, and assigns
of each Party.
(i) Entire Agreement. This Agreement supersedes all previous oral and
written agreements between and representations by or on behalf of the
Parties and constitutes the entire agreement of the Parties with respect to
the subject matter hereof. This Agreement may not be amended, except by
a written agreement executed by both Parties.
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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date set forth
below each signature, effective upon the Effective Date first written above.
LICENSEE
SOUTHERN CALIFORNIA EDISON
COMPANY, a California corporation
By:
Name: Robert A. Carbajal
Title: Senior Manager, Customer PSPS
Compliance & Strategy
Date:
LICENSOR
CITY OF MOORPARK
a California municipal corporation
By:
Name: PJ Gagajena
Title: City Manager
Date:
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EXHIBIT A
NOTICES
CITY OF MOORPARK (“Licensor”) SOUTHERN CALIFORNIA EDISON
COMPANY (“SCE”)
Unless otherwise specified, all Notices are
deemed provided in accordance with
Section 9 if made to the address and phone
numbers provided below:
Unless otherwise specified, all Notices are
deemed provided in accordance with
Section 9 if made to the address and phone
numbers provided below:
Contract Administration:
Attn: Roger Pichardo
Street: 323 Science Drive
City: Moorpark, CA 93021
Phone: (805) 302-9168
e-mail: rpichardo@moorparkca.gov
Contract Administration:
Attn: Calvin On
Street: 4777 Irwindale Avenue
City: Irwindale, CA, 91010
Phone: (626) 302-8467
e-mail: calvin.on@sce.com
Payments and Invoicing:
Attn: Parks and Recreation Department
Street: 323 Science Drive
City: Moorpark, CA 93021
Phone: (805) 517-6241
e-mail: rpichardo@moorparkca.gov
Payments and Invoicing:
Attn: Calvin On
Street: 4777 Irwindale Avenue
City: Irwindale, CA, 91010
Phone: (626) 302-8467
e-mail: calvin.on@sce.com
ACH Routing Information: N/A
(Payments to be made by check)
ACH Routing Information: N/A
Wire Transfer:
(Payments to be made by check)
Wire Transfer: N/A
Public Safety Event Notification
Attn: Roger Pichardo
Phone: (805) 517-6241
Cell: (805) 302-9168
e-mail: rpichardo@moorparkca.gov
Public Safety Event Notification
Attn: Priscilla Ortiz
Phone: (626) 419-6973
e-mail: priscilla.ortiz@sce.com
with a copy to:
Attn: Calvin On
e-mail: calvin.on@sce.com
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EXHIBIT B
LICENSE AREA
License Area Type Location Name Address
Indoor License Areas Citrus Room 799 Moorpark Avenue,
Moorpark, CA 93021
Magnolia Room Arroyo Vista Recreation
Center, 4550 Tierra Rejada
Road, Moorpark, CA 93021
Outdoor License Areas College View Park Parking
Area
College View Avenue and
Campus Park Drive,
Moorpark, CA 93021
Moorpark Post Office
Parking Area
100 W, High Street,
Moorpark, CA 93021
Arroyo Vista Recreation
Center Parking Area
4550 Tierra Rejada Road,
Moorpark, CA 93021
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