Agenda packet — Victorville City Council, February 15, 2022

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, February 15, 2022
6:00 p.m. Regular Session
The City Council holds its business meetings in public in accordance with the requirements of the Ralph M.

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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. 6:00 p.m. Regular Session
Call to Order
Roll Call
Invocation:

Pledge of Allegiance: Police Captain John Wickum
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. United States Department of Housing and Urban Development (HUD) - Office of Community Planning and Development (CPD) grants required public hearing for FY 2022/2023 - 2026/2027 Consolidated Plan and FY 2022-2023 Annual Action Plan Recommendation:

That the City Council conduct a public hearing to receive citizen, agency, and prospective applicant comments regarding the City’s needs, goals and funding priorities for development of the FY 2022/2023-2026/2027 Consolidated Plan and FY 2022-2023 Annual Action Plan

CONSENT CALENDAR

2. Reduction of Landscaping Securities for Tract Map No. 16720 Recommendation:

That the Honorable City Council:
(1) Approve an additional reduction of 20% of the Faithful Performance Bond for the Landscape Maintenance Assessment District (LMAD) improvements for Tract Map No. 16720/EROW20-00056; and
(2) Accept the work for maintenance.

3. Reduction of Public Improvement Securities for Case No. EROW19-00042/ PMT17-01682
Recommendation:

That the Honorable City Council:
(1) Approve the reduction of 80% for the Public Improvements Faithful Performance Securities and accept the work for maintenance; and
(2) Approve the reduction of 50% for the Public Improvements Labor and Materials Securities.

4. Notice of Completion for Block Wall and Gates for Well Sites #204, #208 and #209, Project BM21-101
Recommendation:

That the Honorable Victorville Water District Board of Directors (Board) accept as complete the construction of the Block Walls and Gates and authorize the execution of the Notice of Completion by the Director of Public Works and Water.

5. Substitution of Trustee and Deed of Reconveyance, and Termination and release of Covenants, Conditions and Restrictions for Mortgage Assistance Program (MAP) case number 16-04-01 (13309 Luna Rd., Victorville, CA 92392); as well as acceptance and reallocation of associated Program Income funds
Recommendation:

That City Council take the following actions regarding MAP Case No. 16-04-01:
(1) Approve the Substitution of Trustee and Deed of Reconveyance; (2) Confirm the requested termination and release of the original Covenants, Conditions and Restrictions (CC&Rs);
(3) Authorize the execution of the Substitution of Trustee and Deed of Reconveyance as well as the termination and release of the original CC&Rs by the Deputy City Manager;
(4) Accept the payoff of the loan receivable to the CalHome Program Income Account; (5) Adopt Resolution No. 22-002, amending the annual budget for fiscal year 2021-2022 reallocating the subject $20,527.50 to CalHome Program Income Mortgage Assistance Program funds.

6. Substitution of Trustee and Deed of Reconveyance for Mortgage Assistance Program (MAP) case number 07-03-01 (13586 Arroyo Dr., Victorville, CA 92395); as well as acceptance and reallocation of associated Program Income funds Recommendation:

That City Council take the following actions regarding MAP Case No. 07-03-01:
(1) Approve the Substitution of Trustee and Deed of Reconveyance; (2) Authorize the execution of the Substitution of Trustee and Deed of Reconveyance by the Deputy City Manager;
(3) Accept the payoff of the loan receivable to the Home Program Income Account; (4) Adopt Resolution No. 22-004, amending the annual budget for fiscal year 2021-2022 reallocating the subject $36,000 to Home Program Income funds.

7. City Hall Carpet Replacement – Phase 3, Notice of Completion Recommendation:

That the Honorable City Council accept as complete and approve the Notice of Completion for the City Hall Carpet Replacement, Phase 3 Project.

8. Payroll Warrant List
Recommendation:

That the City Council and Board of Directors ratify the Payroll Demand Schedule No. 7A for Payroll Period December 24, 2021 through January 07, 2022, in the amount of $1,569,622.29 covering Check Nos. 32617 through Nos. 32633, including Vendor checks. Please note employee Check Nos. 32623 and 32625 have a live Check and an EFT Advice. Also included are Advice Nos. 284208 through 284637, per adopted budget for Fiscal Year 2021-2022 period covering July 1, 2021 through June 30, 2022.

9. Commercial Demand Schedule No. 15
Recommendation:

That the City Council and Board of Directors ratify Commercial Demand Schedule No. 15 in the amount of $7,552,889.48, covering Electronic Fund Transfers No. 328624 through 328849 and Warrant No. 784330 through 784505 for 01/26/2022 through 02/02/2022 and Wire Transfers dated 01/24/2022 through 02/02/2022, per the adopted budget for Fiscal Year 2021-2022 for the period covering July 1, 2021 through June 30, 2022.

10. Adoption of Resolution No. 22-014 approving the First Amendment to the Power Purchase Agreement between RE Gaskell West 2 LLC and the City of Victorville, City of Corona, and Industry Public Utilities to conform to the current Internal Revenue Service Regulations and authorizing the City Manager to execute the First Amendment and take further associated actions as needed Recommendation:

The Honorable City Council Adopt Resolution No. 22-014 to:
(1) Approve the First Amendment to the Power Purchase Agreement between RE Gaskell West 2 LLC and the City of Victorville, City of Corona and Industry Public Utilities to conform to the current Internal Revenue Service Regulations; and (2) Authorize the City Manager to execute said Amendment and take such further actions and execute such further agreements and documents as may be necessary to carry out the transactions contemplated by said Power Purchase Agreement.

11. Second Reading of Ordinance No. 2424
Recommendation:

That the City Council adopt, by second reading, Ordinance No. 2424 adopting a Planned Unit Development (PUD) with an Environmental Exemption to allow for the establishment of development standards for a single-family residential development and a Development Plan to establish design standards within Tracts 16887 and 17599 on property generally located at the Southeast corner of Eucalyptus Street and Richmond Avenue.

12. Minutes of the November 30, 2021 and December 8, 2021 Special City Council Meetings, and Minutes of the December 7, 2021 Regular City Council Meeting Recommendation:

That the Honorable City Council approve the minutes of the Special City Council Meetings held on November 30, 2021 and December 8, 2021, and the minutes of the Regular City Council Meeting held on December 7, 2021.

WRITTEN COMMUNICATIONS

13. Notification of Intent to Comply With Senate Bill 1383 (SB 1383) Recommendation:

That the Honorable City Council adopt Resolution No. 22-013, approving the Notification of Intent (NOI) to comply with SB 1383, and authorizing the City Manager or his designee to submit the NOI to the California Department of Resources Recycling and Recovery.

14. Consultant/Professional Services Provider Agreement with Harris & Associates, Inc. for assistance with the preparation of General Plan and Housing Element Annual Progress Reports
Recommendation:

Staff recommends that City Council approve a Consultant/Professional Services Agreement with Harris & Associates, Inc. for the preparation of Annual Progress Reports for an initial base year amount not to exceed $20,900.00.

15. Award of Construction Agreement to Pacific Utility Installation, Inc. (“PUI”) for the Substation Expansion Project and Circuit 40 and 50 extensions at the Southern California Logistics Airport (“SCLA”)
Recommendation:

That the Honorable City Council approves the award of a Construction Agreement to Pacific Utility Installations, Inc. in the amount of $3,459,220 for the SCLA Substation Expansion and Circuit Upgrade project #ES22-053.

16. Consideration of Allocating Funds to the California Route 66 Museum through the American Rescue Plan Act (ARPA)
Recommendation:

That the Honorable City Council authorize staff to proceed with the allocation of funds to the California Route 66 Museum in the amount of $31,336 through ARPA.

17. City Manager Reports

18. Discussion and Possible Action Regarding Upcoming Agenda Items

19. Reports from Council Members
Adjournment
Item Number: 1
City Council / Board of Directors
Public Hearing(s)
Meeting of: February 15, 2022
Submitted By:

Scott Webb, City Planner

Subject:

United States Department of Housing and Urban Development (HUD) - Office of Community Planning and Development (CPD) grants required public hearing for FY 2022/2023 - 2026/2027 Consolidated Plan and FY 2022-2023 Annual Action Plan Recommendation:

None at this time; however, associated Agenda Items in the future will guide the disbursement of approximately $1.9 million dollars annually in federal CPD Grants.

Background:

In 1997, the City of Victorville became an Entitlement City with the U.S. Department of Housing and Urban Development (HUD). This status allows the City to receive Community Development Block Grant (CDBG) funds directly from HUD. Prior to Victorville’s status as an Entitlement City, CDBG funding was awarded to the City of Victorville through the County of San Bernardino and was subject to projects/programs that fulfilled a countywide need rather than those specific to the City.

The City of Victorville successfully formed a consortium in 2003 with the Town of Apple Valley in order to meet the threshold of obtaining HOME entitlement status with HUD.

The successful formation of the consortium results in an annual allocation of HOME funds to both communities, which can be used in concert with CDBG funding to address specific needs within the City of Victorville.
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As an Entitlement City for both programs, staff is responsible for all required tasks including program development, application guidance and processing, determination of project eligibility, project oversight, contract compliance, all reporting requirements, and direct draw of funds from HUD.

One of the key requirements of an Entitlement City status is the development of a five- year planning document, known as the Consolidated Plan (ConPlan). Pursuant to Section 24 of the Code of Federal Regulations (CFR) Part 91, HUD has established regulations that set forth the ConPlan process. The ConPlan is designed to help states and local jurisdictions to assess their affordable housing and community development needs, market conditions, and to make data-driven, place-based investment decisions. The ConPlan, which may have a duration of between 3 and 5 years, describes the jurisdiction’s community development priorities and multiyear goals based on an assessment of housing and community development needs, an analysis of current housing and economic market conditions and available resources. Subpart E of Section 24 CFR Part 91, requires local governments that participate in a consortium to include said consortium in the ConPlan. Pursuant to this regulation, on April 18, 2017, the City of Victorville adopted the 2017-2021 ConPlan, including the required consortium component, which is valid through June 2022.

The ConPlan is carried out through Annual Action Plans, which provide a concise summary of the actions, activities and the specific federal and non-federal resources that will be used each year to address the priority needs and specific goals identified by the ConPlan. Each year, grantees must submit an updated Action Plan describing the specific planned uses for HUD program funds, including CDBG and HOME. The fiscal year 2022-2023 Annual Action Plan represents the first program year of the 2022-2026 ConPlan. Inasmuch as the initial approval of the ConPlan also includes the first program year Annual Action Plan of the ongoing five-year cycle, the priorities for the upcoming 2022-2026 ConPlan have yet to be determined; however, through initial public meetings and questionaries conducted in preparation of the 2022-2026 ConPlan, reoccurring themes and needs appear to be trending in a similar manner to those outlined in the City’s 2017-2021 ConPlan such as:
Supportive services for the homeless and at risk
Human services
Need to increase economic development and employment opportunities Housing programs
Accessibility and Mobility
As part of the ConPlan and Action Plan preparation and adoption process, citizens of the City of Victorville are afforded an opportunity to provide input on housing and community development needs and issues affecting very-low and low income persons. Public notices to facilitate community participation were published in a local newspaper 10 days prior to the hearing date in accordance with the Citizen Participation Plan (Attachment A), which included notices in both English and Spanish and the notice was also placed at the Victorville City Library, Hook Community Center and posted on the City’s website. Lastly, 2 4
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statements regarding the availability of special accommodations for non-English speaking persons and those with disabilities are printed on all written materials pertaining to the ConPlan and Annual Action Plan development.

Discussion:

The purpose of this HUD required public hearing is to gather community input, incorporate citizen participation and complete the tasks necessary in the creation of the 2022-2026 ConPlan and the 2022-2023 Annual Action Plan by:

1. Receiving citizen and agency comments regarding the City’s needs and strategies for the upcoming 2022-2026 ConPlan and 2022-2023 Annual Action Plan, including comments regarding proposed projects for FY 2021-2022, as required by HUD guidelines in the City of Victorville’s Citizen Participation Plan; and

2. Allowing prospective applicants for FY 2022-2023 grant funds an opportunity to share their needs.

ESTIMATED FUNDING:

The City is estimated to receive a 2022-2023 CDBG allocation amount of $1,447,740 and a HOME allocation of $538,967, based on 2021-2022 grant allocations. As of this writing, the 2022-2023 Federal budget has not been approved and HUD states that the grant amounts may change depending upon their final, actual appropriation. An example of the current fiscal year 2021-2022 funding is provided in Attachment B. Additionally, the noted amounts are anticipated to increase annualy over the course of the 5-year Consolidated Plan based upon historic funding increases that are calculated using various factors including population and need.

1. Community Development Block Grant (CDBG)
The City is required to utilize CDBG grant funding to “provide decent housing, a suitable living environment and expanded economic opportunities.” It is required by the Federal government that “the aggregate use of CDBG funds....shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons ....”. This grant has funding restrictions for certain functions (Public Services - 15%, and Administration - 20% maximum allocations), but generally can be distributed as follows:
Public Service Projects - $217,161 (15% of Total CDBG Allocation) Construction/Other Projects - $941,031 (65% of Total CDBG Allocation) Administration - $289,548 (20% of Total CDBG Allocation) TOTAL - $1,447,740 (2022-2023 estimated CDBG Allocation)

2. HOME
The City is required to utilize HOME grant funding to “provide decent affordable housing to lower-income households; expand the capacity of nonprofit housing providers; strengthen the ability of state and local governments to provide housing; 2 4
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and leverage private-sector participation.” HOME funds also have a minimum 15% funding restriction that is dedicated to Community Housing Development Organizations (CHDOs), and an Administration cap of 10%. The City of Victorville and the Town of Apple Valley have established a consortium in order to meet the population threshold for HOME entitlement status. Pursuant to HUD’s 2019 HOME Consortia Participating Members Percentage Report, Victorville’s funds will be distributed as follows:
Community Housing Development Organization (CHDO) - $80,845 (Required 15% minimum of HOME Allocaiton)
Construction/Other Projects - $404,226 (75% of HOME Allocation) Administration - $53,896 (Maximum 10% of HOME Allocaiton – Victorville splits the administration funds with Apple Valley serving as the Lead Agency for HOME, with Victorville retaining $26,948 (50%) of the administrative funds)
TOTAL - $538,967 (2022-2023 estimated HOME Allocation)
In addition, the HOME Program requires that federal HOME funds be matched 25% with non-federal forms of subsidy. Unless HUD waives the local match requirement, the applicant will be responsible for providing match contributions.

As of the current fiscal year, the Apple Valley/Victorville Consortium has been deemed fiscally distressed by HUD and this matching fund requirement has been waived as it has been in previous funding cycles.

APPLICATIONS, PROJECT TYPES AND FUNDING CONSIDERATIONS:

1. Applications
The deadline to submit applications for FY 2022-2023 funding was January 21, 2022 from non-profit agencies and City departments. Staff has begun evaluating the applications to determine eligibility using the federal CDBG and HOME criteria.

2. Project Types
Public Service Projects are defined by the population they serve and may only be funded by CDBG. Most public service projects are determined to be eligible based on the federal guidelines that presume certain groups are eligible, such as the homeless, victims of domestic violence, senior adults, certain at-risk groups such as the unemployed and youth, and low/moderate income families. CDBG regulations place a 15% cap on funds that can be allocated to Public Service Projects. Staff anticipates a total of $217,161 will be available to fund projects defined as Public Service Projects in the upcoming 2022-2023 program year.

Construction and Other Community Development Projects are generally limited by their location and are funded with CDBG. A target area map determined by the 2010 census defines those areas where there exists a concentrated portion of the low and moderate-income population, or an area severely affected by blight. A map of the City's current CDBG targeted areas has been included with this agenda 2 4
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item as Attachment C, which will be updated to reflect 2020 Census data in conjunction with the subject 2023-2026 ConPlan. A project is eligible under this funding type when it demonstrates that the immediate or target area benefits from the project or activity. During the subject program year approximately $941,031 is available to fund projects defined as Construction and Other Community Development Projects. Housing Projects may also be funded from this category.

Housing Projects may be funded with either CDBG or HOME funds. CDBG regulations limit housing activities to “providing or improving permanent residential structures which, upon completion will be occupied by low and moderate-income persons”. HOME regulations are designed to provide affordable housing to low and very-low-income households. HUD requires a minimum of 15% of the total HOME allocation to be reserved for CHDO activities. Approximately $404,226 in HOME funds is currently available to fund non-CHDO housing projects. Housing Projects may also be funded utilizing the $941,031 in CDBG funds from the Construction and Other Community Development Projects category listed above.

3. Funding Considerations
Funding caps are established by statute for administration (CDBG - 20% and HOME – 10% maximum of the total grant award), public service projects (CDBG - 15% maximum of the total grant award) and CHDO projects (HOME – 15% minimum). Although these fundings limits were previously waived in conjunction with assciated but separate CDBG-CV funds (CDBG CARES Act funding in repsonse to the coronavirus pandemic), such waivers are not applicable to the subject CDBG & HOME funds being discussed.

A. Council Policy
On November 15, 1994 (amended April 4, 1995, May 1998 and January 15, 2019), Council adopted a policy that established guidelines for determining CDBG/HOME program and project priority. The policy states that Council is tasked with the responsibility of determining program and project priority as well as allocating funds during the fiscal year in which grant funds are available. In order to facilitate the annual allocation of funds, the City Council designates two members of the Council to serve on the CPD Grants Subcommittee. Currently, Mayor Jones and Council Memeber Becerra are appointed to serve on the CPD Grants Subcommittee, which will make recommendations to the City Council for formal review and approval in conjunction with the Annual Action Plan.

B. Religious Organizations
The White House Office of Faith-Based and Neighborhood Partnerships was established by former President George W. Bush through executive order on January 29, 2001. The initiative sought to strengthen faith-based and community organizations and expand their capacity to provide federally 2 4
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funded social services. HUD revised its regulations to remove barriers to the participation of faith-based organizations in HUD programs. In general, no group of applicants competing for HUD funds should be subject to greater or fewer requirements than other organizations solely because of their religious character or affiliation. However, HUD does require that organizations clearly delineate eligible and ineligible uses of funds. HUD’s final rule stipulates that a recipient organization may not use direct HUD funds to support inherently religious activities, such as prayer, worship, religious instruction, or proselytization.

C. Fair Housing
Affirmatively furthering fair housing is a legal requirement that federal grantees advance the purposes of the Fair Housing Act of 1968. There are no requirements for minimum funding levels, or funding caps for this activity.

The City’s responsibilities include identifying barriers to fair housing and taking appropriate actions to overcome the effects of those barriers. This activity is generally contracted to organizations that principally offer fair housing services as well as landlord/tenant mediation, such as Inland Fair Housing and Mediation Board. Additonally, the City recently adopted an Affirmatively Furthering Fair Housing Plan in conjunction with the Housing Element of the 2021-2029 General Plan (see 2021-2029 General Plan Housing Element - Appendix B), which will be incorporated into the subject ConPlan and Annual Action Plan.

CPD Grants Subcommittee and Allocation of Funds:

The CPD Grants Subcommittee will work with staff to review applications and provide their funding recommendations prior to the adoption of the 2022-2026 ConPlan and the 2022-2023 Annual Action Plan. It is anticipated that the City Council will award grant amounts as part of the adoption of the Annual Action Plan during a public meeting anticipated to occur in April 2022.

Staff is available to answer questions as needed.

Attachments:

Attachment A – Citizen Participation Plan
Attachment B – 2021-2022 CDBG/HOME Allocations
Attachment C – CDBG Target Area Map

CITY COUNCIL

ATTACHMENT A
Citizen Participation Plan

CITY OF VICTORVILLE - CITIZEN PARTICIPATION PLAN
Amended: May 5, 2020 (Amendments Underlined)

I. EXECUTIVE SUMMARY
Since 1997, the City of Victorville (the “City”) has received an annual allocation of Community Development Block Grant (CDBG) funds from the U. S. Department of Housing and Urban Development (HUD). In 2003, the City formed a HOME Investment Partnership Program Consortium with the Town of Apple Valley (the “HOME Consortium”) in order to meet the threshold of obtaining HOME entitlement status with HUD. The City receives both CDBG and HOME funding annually.

As an Entitlement City, the City is required to prepare and adopt a Consolidated Plan (Con Plan) and an Assessment of Fair Housing (AFH). The Con Plan is a plan of three to five years in length, which reviews and considers the housing and community development needs of the City, establishes priorities for CDBG and HOME funds, creates and institutes an Annual Action Plan (AP) for meeting current and future needs, and identifies the City’s performance in meeting its annual goals through the Consolidated Annual Performance Evaluation Report (CAPER).

The AFH replaces the Analysis of Impediments to Fair Housing (AI) to assist the City in identifying fair housing issues and related contributing factors to achieve comprehensive community development goals and affirmatively further fair housing. The Con Plan, A P Plan and AFH are also required to have a strategy for resident and citizen participation in the planning process. According to 24 CFR § 91.105 and as a condition of federal funding , the City must adopt and follow a Citizen Participation Plan (CPP) describing how the City will encourage participation from residents and citizens of all ages, genders, economic levels, races, ethnicities and special needs to provide them with equal access in the development of the Con Plan, A P and AFH, and to ensure their issues and concerns are adequately addressed. Participation shall include community-based and regionally-based organizations that represent and assist protected class members and organizations that enforce fair housing laws.

II. PURPOSE OF THE CITIZEN PARTICIPATION PLAN
The purpose of the CPP is to provide the method and process by which the City’s Con Plan, AP and AFH processes will comply with the citizen participation requirements set forth by HUD pursuant to 24 CFR §

91.105 and the Affirmatively Furthering Fair Housing Final Rule (24 CFR §§ 5.150 through 5.180). This CPP states the process of soliciting the views and recommendations from the public, as well as the process for incorporating public comments and views into the objectives and outcomes developed in the Con Plan, AP, and AFH. This CPP and the participation process shall be implemented and monitored by the City’s Development Department.

III. DEVELOPMENT OF AFH, CON PLAN, AP, AND CAPER; SUBSEQUENT

REVISIONS AND SUBSTANTIAL AMENDMENTS
Introductory Note. The citizen participation processes and procedures associated with each of the planning documents/reports discussed in this Section are detailed in Section V of this CPP and further described in tabular format on page 5 (the “Summary Table”).

2 Assessment of Fair Housing (AFH). The AFH is required every five years prior to the preparation of the Con Plan. When preparing an AFH , the City will make HUD -provided data and other supplemental information available to interested citizens, residents, agencies and organizations in an effort to provide meaningful analyses of local fair housing conditions and issues. The City shall publish a notice announcing the availability of this data /information and requesting the views of the residents at a public hearing at least ten (10) days prior to the date of such hearing. In addition, prior to the City adopting and submitting the final AFH to HUD, at least one thirty (30) day public comment period will be provided (after publication of notice and the draft AFH) and a second public hearing will be noticed and held to obtain further citizen input. The City may choose to conduct this hearing in conjunction with one of the two required public hearings on the Con Plan.

AFH Revisions. Pursuant to 24 CFR §5.164, t he City shall consider an AFH previously accepted by HUD to require modification (“Revisions”) and re-submission to HUD in the following instances:
 When the City’s circumstances change in a way that affects the information on which the AFH is based, to the extent that the analysis, the fair housing contributing factors, or the priorities and goals of the AFH are no longer applicable or reflect actual circumstances. Examples of changed circumstances include:

o Presidentially declared disasters affecting the City that significantly impact the steps the City may need to take to affirmatively further fair housing; o Significant changes in the City’s demographic;
o The occurrence of new significant contributing factors in the City’s jurisdiction o civil rights findings, determinations, settlements (including Voluntary Compliance Agreements) or court orders

 Upon HUD’s written notification specifying a material change that requires the Revisions Revisions may not necessarily require the submission of an entirely new AFH. Revisions need only focus on the material change and appropriate adjustments to the analy ses, assessments, priorities, or goals.

AFH Revisions will be published and noticed for public comment and hearing (see Summary Table).

Consolidated Plan (C on Plan); Annual Action Plan (AP) . The Con Plan examines housing and community development needs, sets priorities for grant monies and establishes a strategic plan with specific measurable goals to address priority needs. Prior to adopting the Con Plan or AP, the City will make available to citizens, public agencies, and other interested parties:
 The amount of assistance the City expects to receive;  The range of activities that may be undertaken with such funds;  The amount of funds proposed to be used for activities and the estimated benefit to low and moderate income persons; and
 The City’s plans to minimize displacement of persons and what type of assistance will be made available to those persons displaced.

At least one (1) public hearing will be noticed and held during the development of the Con Plan and AP to receive public comment and incorporate citizen participation . In addition, a second public hearing regarding the contents of the Con Plan / AP will be noticed and conducted prior to the City’s adoption of these documents and submission to HUD. Notices of such public hearings will be published at least ten (10) days in advance or as specified in the Summary Table. At least thirty (30) days prior to adoption, copies of the proposed Con Plan, AP, and any Substantial Amendments (defined below) will be published by the City (made available for publ ic review) and a thirty (30) day public comment period will be noticed and provided. The City Manager or their designee may allow adjustments to public noticing, public hearing, and publishing requirements in conjunction with applicable waivers provided by HUD.

3 CAPER. At least fifteen (15) days prior to submission to HUD, copies of the CAPER will published and a like period of public comment will be noticed and provided.

Substantial Amendments . The occurrence of any of the following circumstances shal l require a modification of the Con Plan or AP (“Substantial Amendment”), which shall be noticed, heard, published for comment and adopted in accordance with the provisions of Section V of this CPP, as applicable:
 A significant shift is proposed in allocation priorities, or a substantial change in the method of distributing funds;
 An activity not included in the AP is proposed for funding;  To use funds, including program income, not previously described in the Annual Action Plan;  An activity included in the AP is proposed for elimination;  The amount allocated to any activity is proposed to be increased or decreased from the amount described in the AP by more than 25%; or
 Change in the location of the activity, target area, beneficiaries, eligibility c riteria, or general scope from that described in the AP.

IV. CITIZEN PARTICIPATION PROCESS – OPPORTUNITIES AND PARTICIPATION Citizen Participation. Citizens and residents should be afforded the maximum feasible opportunity to :
provide input on housing and community development needs; address issues/problems affecting low- and moderate- income persons; learn about various programs available and the expected amount of assistance provided/allowed by each opportunity; develop local project proposals; give input to project selections and funding distributions; and participate in the implementation of funded activities. The procedures in this Section are designed to encourage persons of low and moderate income, particularly those per sons residing in slum and blighted and other City- targeted revitalization areas ; minorities; non-English speaking persons ; persons with disabilities ; persons with HIV/AIDS and their families ; and homeless persons to participate in the planning, implementat ion and assessment of the documents and reports described in this CPP . The City Manager or their designee may allow adjustments to the Public Participation process in conjunction with applicable waivers provided by HUD.

Organizational Participation. In developing and implementing the Con Plan and AFH, the City shall encourage participation of local and regional institutions and government agencies; public housing authorities, adjoining cities; Continuums of Care; and other organizations (including businesses, developers, nonprofit organizations, philanthropic organizations, and community- based and faith- based organizations). In conjunction with consultation with public housing authorities, the City shall further encourage the residents of public and assisted housing developments, including their resident advisory boards, councils or management corporations, to participate in the development and implementation of the Con Plan and AFH. In addition to conducting required public hearings and providing public comment periods, the City will encourage citizen and organizational participation by conducting surveys, community outreach meetings, forming focus groups and engaging in other outreach processes. The City Manager or their designee may allow adjustments to the Organizational Participation process in conjunction with applicable waivers provided by HUD.

V. CITIZEN PARTICIPATION PROCESS – PROCEDURES AND PROCESSES

Public Hearings and Comment Periods . Public hearings provide citizens, residents and organiz ations with opportunities to make oral and/or written comments on community needs and on the various planning documents described herein. Public hearings and other meetings shall be held at times and in locations convenient to potential and actual program beneficiaries. Providing time periods during which citizens, residents and other members of the public are given the opportunity to submit written and oral comments on draft documents published by the City (“Comment Period(s)”) , further facilitates

4 community input and feedback. The requirements for publishing notices of public hearings and Comment Periods, as well as publication of draft documents , are detailed below and further explained in the Summary Table.

Noticing Public Hearings . To ensure citizens, residents, and organizations are advised in advance of opportunities to attend and participate in public hearings, all public hearing notices shall adhere to the following unless otherwise waived by HUD and approved by the City Manager or their designee.  Be published at least ten (10) days prior to the hearing date (unless the public hearing notice is combined with a thirty (30) day public comment notice, in which case notice will be published at least thirty (30) days prior to the close of the public comment period and the date of the public hearing as further described in Noticing Public Comment Periods, below.  Be published in one or more newspapers of general circulation (as legal notices and/or display ads)
 Be prepared in a language other than English when a significant number of non- English residents can reasonably expected to participate
 Include the time, date and place of the hearing, a descript ion of the subject/purpose of the hearing, and where associated documents (if applicable) are posted or may otherwise be obtained  Include information on how to request special accommodations  Be posted on the City’s website ( https://www.victorvilleca.gov/government/legally-required- postings) on or before the date of publication
 Be subject to the provision of additional forms of notice, including: posting and/or distributing notices at community locations such as the public library, hospitals, other public agency locations, specified locations at Victorville City Hall and in targe t neighborhoods; sending electronic mail to the EDDHD’s list of interested persons; and creation and distribution of supplemental flyers and/or mailers
Noticing Public Comment Periods . Comment Periods may be included in public hearing notices (provided the applicable advance comment period is accounted for). Comment Period notices shall adhere to the following unless otherwise waived by HUD and approved by the City Manager or their designee.
 Be published prior to the commencement date of the applicable Comment Period  Be published, prepared and posted in the manner provided for Noticing Public Hearings, above  In cases where a public hearing is noticed in conjunction with a required Comment Period, provide for a Comment Period that ends prior to the date of the public hearing  Include the time, date and place of any associated public hearing and how to request reasonable accommodations
 Include the beginning and ending dates of the Comment Period; how and where comments may be submitted; a brief description of the subject matter/purpose of the document or item on which comment is being sought; a summary of the item or content of the documents; how/where full copies of any document(s) may be obtained; and the date the City Council will consider the approval of the item or document(s)
 Be posted on the City’s website, various locations in and around City Hall, and in such other places as specified in Noticing Public Hearings, above
Publication of Draft Planning Documents . Notices of public hearings and Comment Periods shall contain summaries of the contents of any draft documents being provided for public review and comment (e.g., the AFH, Con Plan, AP and Revisions or Substantial Amendments). All such draft documents will be made available to members of the public “published” by the City by providing copies on its website, at City Hall, and in such other places as shall be specified in each applicable public hearing or Comment Period notice. Such notices will also contain instructions on how the public may request such documents in alternative formats for persons with disabilities.

5 Technical Assistance. Development Department staff will meet with groups or individuals representative of persons of low - and moderate -income upon request to provide them with technical assistance in commenting on the AFH, identifying specific needs, and/or developing/preparing project proposal applications for programs covered by the Con Plan.

6 Summary Table
Publication of Notices of Public Hearings and Comment Periods Document Publication of Public Hearing (PH) and
Comment Period (CP) Notices†
Minimum Number of
Public Hearings; Timing†
Comment
Period (CP)†
Con Plan /AP

PH Notice - At least 10 days†† prior to PH date

CP Notice - At least 30 days prior to date set
for close of CP and after draft(s) published. If
combined with PH Notice, CP Notice
publication must occur at least 30 days prior to
both the close of the CP and the PH date.

PH Notice - At least 10 days prior to PH date
(if noticed separately after earlier publication of
CP Notice)
First Hearing:

Prior to drafting Con
Plan/AP

Second Hearing:

After publication of Con
Plan/AP draft and close of
CP
N/A

30 days

Substantial
Amendments
to Con Plan /
AP

PH Notice - At least 10 days prior to PH date
(if noticed separately after earlier publication of
CP Notice)

One Hearing:

After publication of
Substantial Amendments
and close of CP

30 days

AFH

PH Notice - At least 10 days prior to PH date

PH Notice - At least 10 days prior to PH date
(if noticed separately after earlier publication of
CP Notice)

First Hearing:

After publication of HUD-
provided and other data

Second Hearing:

After publication of AFH
draft and close of CP (may
be combined with second
Con Plan hearing after
initial adoption of AFH)

N/A

30 days

AFH
Revisions

PH Notice - At least 10 days prior to PH date
(if noticed separately after earlier publication of
CP Notice)

One Hearing:

After publication of draft
Revisions and close of CP

30 days

CAPER

CP Notice - At least 15 days prior to CP close

Not required

15 days
† All required noticing requirements, mandatory public hearings, and comment periods can be adjusted in accordance with any waivers provided by HUD, as approved by the City Manager or their designee. †† All references days in this Summary table refer to calendar days

7 Consideration of Public Comments/Views. Prior to adopting the AFH, Con Plan, AP, CAPER and/or Revisions or Substantial Amendments, the City will consider any comments/view received from citizens and residents ( individuals or groups representing their interests) in writing during Comment Periods, or orally during public hearing(s). Such comments/views shall be summarized and attached to the final versions of the AFH, Con Plan, AP, any Revisions or Substantial Amendments, and the CAPE R as applicable.

Questions and Complaints. Development Department staff will answer all questions received from residents or their representative groups in the manner in which the questions were posed ( e.g., verbal responses to verbal requests, written responses to written requests). Written complaints and grievances received from residents or their representative groups relating to the Con Plan, AP, CAPER, AFH, and/or any Substantial Amendments or Revisions , shall be substantively responded to by Development Department staff within fifteen (15) working days of receipt, where practicable.

Access to / Availability of Records . The City will provide residents of the community, public agencies and other interested parties with reasonable and timely access to the AFH, Con Plan, AP, CAPER, CPP, all Substantial Amendments or Revisions, and information/records related to these documents (including the use of assistance under the CDBG and HOME programs for the preceding five (5) years) by:
 Maintaining copies at City Hall for public inspection and m aking a reasonable number of copies (paper or electronic) of the AFH , Con Plan and CPP available to residents and other groups that request them free of charge
 Making copies of other documents and records available in accordance with the California Public Records Act (direct costs of duplication may apply)  Posting these documents and related information on the City’s website  Maintaining copies of the final versions of the AFH, Con Plan, AP, CAPER and CPP on the City’s website, at City Hall and at the City’s Public Library  Providing such documents and records in an accessible format for persons with disabilities, upon forty-eight (48) hours’ advance request
Americans with Disabilities Act (ADA); Accessibility. In compliance with the ADA, if special assistance to participate in public hearings and/or community or consultation meetings is needed, individuals should contact Development Department staff forty-eight ( 48) hours prior to the meeting or public hearing to ensure that the City will be able to make reasonable arrangements. Examples of assistance provided may include the following:
 Auxiliary aids and services to communicate with people who have communication disabilities, such as providing a qualified reader; providing information on large print; or providing an audio recording of printed information for individuals who are blind, have vision loss, or are deaf-blind.

A “qualified” reader means someone who is able to read effectively, accurately, and impartially, using any necessary specialized vocabulary;
 For people who are de af, have hearing loss, or are deaf -blind, the City may provide a qualified notetaker; a qualified sign language interpreter; written materials; or a printed script of a stock speech (such as given on a museum or historic house tour). A “qualified” interpre ter means someone who is able to interpret effectively, accurately, and impartially, both receptively ( i.e., understanding what the person with the disability is saying) and expressively (i.e., having the skill needed to convey information back to that person) using any necessary specialized vocabulary.

In addition, persons with disabilities may bring a “companion” to assist them. The term “companion” includes any family member, friend, or associate of a person who is an appropriate person with whom the City should communicate. Public hearings and other m eetings shall be held in areas that are handicap accessible and other accommodations shall be made upon request as noted above.

8 HUD Waivers. Should HUD temporarily suspend/adjust/waive any of the required noticing, comment or participation processes discussed herein regarding the development , review, or amendment of applicable assessments/plans, the City Manager or their designee may approve the application of any such waiver based upon a unique circumstance such as natural disaster, national emergency, state emergency, local emergency, major disaster declaration, etc. that necessitates the use of the waiver provided.

Review, Amendment and Availability of Citizen Participation Plan (CPP) . Prior to its adoption by the City Council, this CCP was made available for public review and comment and at least one public hearing was held. Future Substantial Amendments to the CPP will utilize the public hearing and Comment Period associated with the adoption of Substantial Amendments to the Con Plan.

Amended: May 5, 2020 (Amendments Underlined)

9 Community & Regionally Based Organizations
CHC California Housing Consortium
National Crime Prevention Council
National Coalition for the Homeless
Shelter Network
Latin-American Association
NAACP National Association for the Advancement of Colored People- California Branch NARF Native American Rights Fund
NOMAR National Organization for Mexican-American Rights Big Brothers Big Sisters
California Coalition for Youth
California Youth Advocacy Network
Americans United for Life
California Public Health Association – North
Department of Employment & Human Services
Department of Behavioral Health – San Bernardino County Homeless Partnership High Desert Homeless Services, Inc.

Victor Valley Domestic Violence, Inc.

Moses House Ministries
Legal Aid Society of San Bernardino
San Bernardino Sexual Assault Servicies
Victor Valley Community Services Council

CITY COUNCIL

ATTACHMENT B
2021-2022
CDBG/HOME Allocations
City of Victorville 2021-2022 HUD Allocations
CDBG Allocation
NAME CDBG21
Victorville $1,447,740
Public Service (15%) –$ 217,161
Construction (65%) – $941,031
Administration – (20%) – $289,548
HOME Allocation
NAME STA Share ($) Share (%)
VV & AV Consortium CA $804,001 100.0%
Victorville CA $538,967 67%
Apple Valley CA $265,320 33.%
Allocation - $804,001
Housing activities (75%) - $603,001
CHDO (15%) - $120,600
Administration (10%) - $80,400
Victorville – 67% = $538,967
Housing Activities - $404,226
CHDO - $80,845
Administration - $26,948 ($53,896/2 = 26,948)
Apple Valley – 33% = $265,320
Housing Activities - $198,990
CHDO - $39,798
Administration - $26,532
Administration – Victorville share - $26,934

CITY COUNCIL

ATTACHMENT C
CDBG Target Area Map

VictorvilleVictorville
City HallCity Hall
Southern CaliforniaSouthern California
Logistics AirportLogistics Airport
·}18
·}18
£¤395
¨§¦15
¨§¦15
StoddardWells Rd
La Mesa Rd
Dos Palmas Rd
Shay
Rd
Hopland St
Topaz
Rd
Ridgecrest Rd
Mesa St
Palmdale Rd
Goss Rd
YatesRd
Helendale Rd
Duncan Rd Bear Valley Rd
Eucalyptus St
Air Expy
Corwin Rd
Seneca Rd
Smoke Tree Rd
IAve
Main St
N
ationalTrailsH
wy
Rancho Rd
Mojave St
Caughlin
Rd
Aster Rd
Adelanto Rd
Peach
Ave
E Ave
Third
Ave
Apple ValleyRd
El Mirage Rd
Phelan Rd
Mojave Dr
Holly Rd
BNSF
BNSF
Census
Tract 98
Census
Tract

91.17 Census
Tract

91.16 Census
Tract 91.19
Census
Tract
100.09
Census
Tract

99.08 Census
Tract

99.05 Census
Tract

99.12 Census
Tract

99.13 Census
Tract

99.04 Census
Tract
100.25
Census
Tract
121.01
Census
Tract
100.26
Census
Tract 117
CDBG Area
Victorville, CA
Disclaimer: This map is to be used for visual reference only. Sources are available upon request.

CDGB Area
City of Victorville
Coordinate System: State Plane NAD1983 CA Zone V
Printed: February 4, 2015
Contact: Matthew Pugh - Technology Div.
0 3 61.5
Miles
CDBG
City Boundary Line
Sphere of Influence Line
Major Street
Freeway
US Highway
Railroad
µ
Item Number: 2
City Council / Board of Directors
Consent Calendar
Meeting of: February 15, 2022
Submitted By:

Brian Gengler, City Engineer

Subject:

Reduction of Landscaping Securities for Tract Map No. 16720 Recommendation:

Fiscal Impact:

There is no fiscal impact associated with this action.

Background:

The Developer, Legacy Homes, also known as MHP Builders (hereinafter referred as “Developer”), of Tract 16720, located at the southeast corner of Eucalyptus Street and Mesa Linda Street, was required to install public improvements as a condition of approval.

The required public improvements for Tract 16720 included water, sewer, storm drain, streets, and Landscape Maintenance Assessment District (LMAD) improvements along Eucalyptus Street. The LMAD Improvements were placed into a 90-day Plant Establishment and Maintenance period in September 2021. The 90-Day maintenance period ended in December 2021.

Discussion:

At the regular City Council meeting of November 2, 2021, the City Council approved to reduce the Faithful Performance Bond by 60% for the LMAD Improvements and the remaining 40% would be held until the 90-day Plant Establishment and Maintenance period ended. At this time, the Developer had completed and passed all inspections on the required LMAD improvements. The 90-day Plant Establishment and Maintenance period has been completed and accepted by the City. Therefore, it is recommended that 2 3
8 3
an additional 20% of the Faithful Performance Bond be reduced at this time and that the work be accepted in accordance with Victorville Municipal Code (VMC) Section

17.64.070(1). The remaining 20% of the Faithful Performance Bond will be held for the one-year warranty period in accordance with VMC Section 17.64.070(4).

Staff remains available for any questions the City Council may have.

Attachments: A. Vicinity Map
B. Security Table

Attachment A
Vicinity Map

Attachment B
Security Table

Security Table

Item Number: 3
City Council / Board of Directors
Consent Calendar
Meeting of: February 15, 2022
Submitted By:

Brian Gengler, City Engineer
Subject:

Reduction of Public Improvement Securities for Case No. EROW19-00042/PMT17-01682 Recommendation:

Fiscal Impact:

There is no fiscal impact associated with this action.

Background:

The Developer, Bear Valley Wave, LLC (hereinafter referred as “Developer”), for the Jetwave car wash located at 13921 Bear Valley Road, was required to install public improvements as a condition of approval, per Planning Commission Resolution No. P-17- 036. The required public improvements for the carwash included the undergrounding of the overhead utility poles, the widening of Bear Valley Road and striping of pavement, installation of streetlights, and a traffic signal modification at the intersection of Bear Valley Road and Pacoima Avenue.

Discussion:

The Developer has completed the required improvements satisfactorily in accordance with the following City Plan Nos. P-1137 (signing and striping) and P-1103 (street improvements). Since passing of all applicable inspections, the improvement work is ready to be accepted in accordance with Victorville Municipal Code (VMC) Section

17.64.070(1).
2 3
8 4
At this time, it is appropriate that the Developer receive a reduction of 80% of the Public Improvements Faithful Performance Securities for case EROW19-00042/PMT17-01682.

It is also appropriate that the Developer receive a reduction of 50% of the Public Improvements Labor and Materials Securities since this security matched 100% of the faithful performance bond when only 50% is required per VMC Section 17.64.060 (b)(2).

The Engineering Department recommends that the City Council approve the reduction of 80% for the Public Improvements Faithful Performance Securities and accept the public improvements; and approve the reduction of 50% for the Public Improvements Labor and Materials Securities. The remaining 20% of the faithful performance securities will be held for the one-year warranty period in accordance with VMC Section 17.64.070 (4) and the remaining 50% for labor and materials will be held for six months in accordance with Victorville Municipal Code Section 17.64.070 (3).

Staff remains available for any questions the City Council may have.

Attachments: A. Vicinity Map
B. Existing Securities Table

Attachment A
Vicinity Map

Attachment B
Existing Securities Table

Existing Securities Table

Developer:

Bear Valley Wave, LLC
2807 S. Santa Fe Ave
Vernon, CA 90058
Faithful Performance Security
Public Improvements – No. 0494676
Labor & Materials Security
Public Improvements – No. 0949676
Amount of ORIGINAL Security: $893,493.55 Amount of ORIGINAL Security: $893,493.55 Amount of Security CURRENTLY: $893,493.55 Amount of Security CURRENTLY: $893,493.55 Amount of Security being REDUCED: $714,794.84 Amount of Security being REDUCED: $446,746.78 Amount of Security REMAINING: $178,698.71 Amount of Security REMAINING: $446,746.77

Item Number: 4
City Council / Board of Directors
Consent Calendar
Meeting of: February 15, 2022
Submitted By:

Doug Mathews, Director of Public Works and Water

Subject:

Notice of Completion for Block Wall and Gates for Well Sites #204, #208 and #209, Project BM21-101.

Recommendation:

Fiscal Impact:

This action will result in a fiscal impact of $10,305.86. Retention in the amount of five percent (5%) was withheld from each pay estimate during construction for a total of $10,305.86. Retention will be released no sooner than thirty-five days after the recordation of the Notice of Completion. The following account codes have the encumbered funds:
410 – 20110 – 74331 - $3,353.50
410 – 20110 – 74434 - $6,530.86
410 – 20110 – 74270 - $421.50
o410 – Water Fund
o20110 – AP Retention
o74331 – Security Upgrade for Well # 204
o74434 – Security Upgrade for Well # 208
o74270 – Security Upgrade for Well # 209
Additional appropriations were not required for this project.

Background:

The District focused on upgrading the site security at well sites #204, #208 and #209 this fiscal year. Wells #204 and #209 already had existing block walls and only needed 2 3
5 6
automated iron gates installed. Well site # 208 required a new block wall and automated gate.

On June 1, 2021, the Board awarded a construction contract to SDC Engineering in the amount of $216,617.30.

Discussion:

The project was completed at a final contract price of $206,117.30 and the final inspection occurred on January 13, 2022. Thirty-five days after the recordation of the Notice of Completion, the District can release the final retention monies withheld on this project, provided there are no claims or unreleased liens against the contract.

District staff recommends that the Board accept as complete the construction of the Block Walls and Gates and authorize the execution of the Notice of Completion by the Director of Public Works and Water.

Staff remains available for any questions the Board may have.

Attachments: A. Location Map and Site Pictures
B. Notice of Completion
Attachment A
Location Map and Site
Pictures

LOCATION MAP
WELL SITE 204, 208, AND 209

BLOCK WALL AND GATE
W
ell 208 – Block Wall and Automated Gate Project

Well 204 - Automated Gate Project

Well 209 - Automated Gate Project

Attachment B
Notice of Completion
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 January 13, 2022

4. The work of improvement completed is described as follows: Block Wall and Gates for Well Sites 204, 208 and 209

5. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is SDC ENGINEERING, INC.

6. The street address of said property is: n/a

7. Assessor’s Parcel Number: APN 3072-231-20, 3072-231-02, 3072-211-09.

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 , Doug Mathews, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the Director of Public Works and Water 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 Doug Mathews, Director of Public Works and Water

CITY OF VICTORVILLE
Item Number: 5
City Council / Board of Directors
Consent Calendar
Meeting of: February 15, 2022
Submitted By:

Scott Webb, City Planner

Subject:

Substitution of Trustee and Deed of Reconveyance, and Termination and release of Covenants, Conditions and Restrictions for Mortgage Assistance Program (MAP) case number 16-04-01 (13309 Luna Rd., Victorville, CA 92392); as well as acceptance and reallocation of associated Program Income funds.

Recommendation:

That City Council take the following actions regarding MAP Case No. 16-04-01:
(1) Approve the Substitution of Trustee and Deed of Reconveyance; (2) Confirm the requested termination and release of the original Covenants, Conditions and Restrictions (CC&Rs);
(3) Authorize the execution of the Substitution of Trustee and Deed of Reconveyance as well as the termination and release of the original CC&Rs by the Deputy City Manager; (4) Accept the payoff of the loan receivable to the CalHome Program Income Account; (5) Adopt Resolution No. 22-002, amending the annual budget for fiscal year 2021-2022 reallocating the subject $20,527.50 to CalHome Program Income Mortgage Assistance Program funds.

Fiscal Impact:

Approval of the item will allow for the acceptance and reallocation of $20,527.50 in CalHome Program Income, which will be available for a first-time homebuyer using the Mortgage Assistance Program.

Funding received will be dispersed as follows:

Budget Account Number:
2717501D-47520-20580 – CalHome Program Income (Revenue) 2717501D-52300-20580 – CalHome Program Income (Expenditure) 2 4
0 5
Currently, a total of $332,355.77 of CalHome Program Income is available for Mortgage Assistance Program, which will be increased to $352,883.27 with the approval of the subject allocation of $20,527.50 CalHome Program Income into the current Fiscal Year 2021-2022 budget.

Background:

On June 20, 2012, the City was awarded a one million dollar CalHome Grant from the State of California to help fund the Mortgage Assistance Program (MAP) and the Owner Occupied Rehabilitation Program. The City of Victorville utilizes all CalHome program income as a revolving fund for the MAP since no new CalHome funding has been available since 2016.

The purpose of MAP loans are to provide assistance to very low, low, and moderate income homebuyers purchasing a home within the City of Victorville. The MAP Program makes available deferred payment loans up to a maximum of $55,000. This Program is designed to provide income eligible households the financial assistance necessary to secure the purchase of a single family home. The MAP Program provides the needed amount to very low, low and moderate income families by bridging the gap between purchase price and affordability.

On January 29, 2021, staff conducted a MAP lender training, via Zoom, which was attended by representatives from two additional lenders. Staff anticipates lenders to be added to the City’s approved lenders list in order to expand the entities authorized to offer the City’s MAP program to qualified homebuyers.

Discussion:

On May 18, 2016, the program participants (“Participants”) received a MAP loan in the amount of $17,850 to aid in the purchase of a home at 13309 Luna Rd., Victorville, CA 92392. The Participants have requested the City reconvey the Deed of Trust that secured the MAP loan and remove the associated Declarations of Covenants, Conditions, and Restrictions (CC&Rs). This request has been made due to the terms of the Promissory Note, Deed of Trust and CC&Rs being satisfied with the refinance of the subject home.

The repayment of associated MAP loan funds and the associated simple interest occurred on November 23, 2021.

According to the Promissory Note, the repayment of the MAP loan required the Participants to pay the principal loan of $17,850 plus a 3% simple interest per annum, calculated at $2,677.50 ($535.50/yr. for 5 years). The Participants have paid off the principal and simple interest balance totaling $20,527.50.

Since the Participants have satisfied the terms of the Promissory Note, Deed of Trust and CC&Rs, Staff is requesting your approval in executing and recording of the Substitution of Trustee and Deed of Reconveyance, as well as termination and release of the CC&Rs.

Recordation of the noted documents and removal of the CC&Rs will reconvey the City’s Deed of Trust and remove the specific CC&Rs (e.g. maintenance standards, affordability covenants, etc.) as requested per “Article V” of the original CC&Rs. 2 4
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Attachments:

Attachment A - Resolution No. 22-002
Attachment B - Substitution of Trustee and Deed of Reconveyance Attachment C - Termination and Release of CC&Rs
Attachment D - Original Promissory Note, Deed of Trust, CC&Rs and Notice of Affordability Restrictions

ATTACHMENT A
Resolution No. 22-002
RESOLUTION NO. 22-002

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR 2021-2022
WHEREAS, the City Manager of the City of Victorville did heretofore submit to the City Council an estimate of the expenditures and revenues of the City departments and offices, together with a proposed budget for the fiscal year 2021-2022; and WHEREAS, copies of said budget were prepared and distributed to the City Council, approved by the City Council prior to June 30, 2021, and have been available for the inspection by the public in the office of the City Clerk of the City of Victorville; and
WHEREAS, after preparation of the budget, a need to amend the budget is being recommended to the Council for approval; and
WHEREAS, the City Manager or his designee will provide all necessary justification for the budget amendment as an attachment to this resolution or in the associated City Council agenda report.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
VICTORVILLE DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. That the annual budget for the fiscal year 2021-2022 for the City of Victorville be hereby amended to reflect a change in the amounts and associated accounts listed below and as described in the corresponding Agenda Item.

Account Amount Adjusted
2717501D-47520-20580 $20,527.50
2717501D-52300-20580 $20,527.50
SECTION 2. 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.

ATTACHMENT B
Substitution of Trustee and Deed of
Reconveyance

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

CITY OF VICTORVILLE
ATTN: JENELE DAVIDSON
14343 CIVIC DRIVE
VICTORVILLE, CA 92392
RE: MAP Case No. 16-04-01

________________________________________________________________________________________

APN: 3094-251-07-0000
13309 Luna Rd.

Victorville, CA 92392

SUBSTITUTION OF TRUSTEE AND FULL RECONVEYANCE

Owner and Holder of the Note secured by the Deed of Trust dated May 18, 2016 , executed by Alex Gonzalez and Tina Gonzalez , as original Trustor and First American Title Company, a California Corporation, as original Trustee: and City of Victorville, a Municipal Corporation, as original Beneficiary; which Deed of Trust recorded May 27, 2016 as Instrument No. 2016-0209851 of the Official Records of San Bernardino County, in the State of California; and

The UNDERSIGNED being the present legal owner and holder of the indebtedness secured by said Deed of Trust regarding 13309 Luna Rd., Victorville, CA, 92392 in the County of San Bernardino and the State of California, and more particularly described in “EXHIBIT A” (attached) , hereby substitutes themselves as Trustee in lieu of above named Trustee under said Deed of Trust.

The UNDERSIGNED hereby accepts said appointments as Trustee under said Deed of Trust and as Successor Trustee pursuant to request of said Owner and Holder and in accordance with the provisions of said Deed of Trust does HEREBY RECONVEY WITHOUT WARRANTY TO THE PERSON OR PERSONS LEGALLY ENTITLED THERETO all estate now held by him/her/them as Trustee under said Deed of Trust.

IN WITNESS WHEREO F OWNER AND SUCCESOR TRUSTEE THE UNDERSIGNED has caused the execution on:

CITY OF VICTORVILLE

Date:_______________ By: ______________________________ Jenele Davidson
Deputy City Manager

EXHIBIT A

LEGAL DESCRIPTION

All that real property located in the City of Victorville, San Bernardino County, State of California described as follows:

LOT 7 OF TRACT NO. 14332, AS PER MAP RECORDED IN BOOK 243, PAGE(S) 44 THROUGH 45,

INCLUSIVEOF MISCELLANEOUS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

APN: 3094-251-07

13309 Luna Road
Victorville, CA 92392

State of California
County of San Bernardino

On __________ , before me, , Personally appeared Date Name and Title of the Officer
who proved to me on the basis of satisfactory
Name(s) of Signer(s)
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature Place Notary Seal Above
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

ATTACHMENT C
Termination and
Release of CC&Rs

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

CITY OF VICTORVILLE
ATTN: JENELE DAVIDSON
14343 CIVIC DRIVE
VICTORVILLE, CA 92392
RE: MAP Case No. 16-04-01

______________________________________________________________________

(EXEMPT FROM RECORDING FEES PURSUANT TO GOVERNMENT CODE SECTION 27383 and/or 6103)

APN: 3094-251-07-0000
13309 Luna Rd.

Victorville, CA 92392

TERMINATION AND RELEASE OF DECLARATION OF COVENANTS, CONDITIONS

AND RESTRICTIONS AND

NOTICE OF AFFORDABILITY RESTRICTIONS ON TRANSFER OF PROPERTY

PLEASE TAKE NOTICE THAT the City of Victorville, a Municipal Corporation (the “City”) is the sole beneficiary of that certain Declaration of Covenants, Conditions, an d Restrictions (CC&Rs) executed by the City of Victo rville Economic Development Department on May 18, 2016 and recorded on May 27, 2016 as Instrument No. 2016- 0209852 in the Official Records of San Bernardino County, California (the “Affordable Housing Res trictions”), upon that certain real property identified i n the Affordable Housing Restrictions and described in the attached Exhibit A (the “Property”) . The Affordable Housing Restrictions were recorded concurrently with the Notice of Affordability Restric tions on Trans fer of Property, executed on May 18, 2016 by Economic Development Department and recorded on September 2, 2016 as Instrument No. 20 16-0358546 in the Official Records of San Bernardino County, California (the “Notice of Affordability Restrictions on Transfer of Property”).

Pursuant to the t erms of the Affordable Housing Restrictions, the City shall execute a release of the encumbrances provided that the homeowner has repaid the Mortgage Assistance Program loan in full and remitted the accrued interest payment to the City of Victorville. As the prece ding conditions have now been met, the City of Victorville hereby terminates the Affordable Housing Restrictions and forever releases the encumbrances of the Affordable Housing Restrictions from the Property. Accordingly, the Notice of Aff ordability Restri ctions on Transfer of Property is also terminated and released.

CITY OF VICTORVILLE

DATE: _____________________ By:

Jenele Davidson
Deputy City Manager

EXHIBIT A

LEGAL DESCRIPTION

All that real property located in the City of Victorville, San Bernardino County, State of California described as follows:

LOT 7 OF TRACT NO. 14332, AS PER MAP RECORDED IN BOOK 243, PAGE(S) 44 THROUGH 45, INCLUSIVEOF MISCELLANEOUS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

APN: 3094-251-07

13309 Luna Road
Victorville, CA 92392

State of California
County of San Bernardino

On __________ , before me, , Personally appeared Date Name and Title of the Officer

who proved to me on the basis of satisfactory
Name(s) of Signer(s)
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature Place Notary Seal Above

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

ATTACHMENT D
Original Promissory Note, Deed of Trust,
CCRs and Notice of Affordability Restrictions
on Transfer of Property

Item Number: 6
City Council / Board of Directors
Consent Calendar
Meeting of: February 15, 2022
Submitted By:

Scott Webb, City Planner

Subject:

Substitution of Trustee and Deed of Reconveyance for Mortgage Assistance Program (MAP) case number 07-03-01 (13586 Arroyo Dr., Victorville, CA 92395); as well as acceptance and reallocation of associated Program Income funds.

Recommendation:

Fiscal Impact:

Approval of the item will allow for the acceptance and reallocation of $36,000 in HOME Program Income, which will be used to fund Senior Home Repair in accordance with United States Department of Housing and Urban Development guidelines.

Funding received will be dispersed as follows:

Budget Account Number:
2823027-47520-20940 – HOME Program Income (Revenue)
2823027-52300-20940 – HOME Program Income (Expenditure) Per the Department of Housing and Urban Development (HUD) rules, program income must be spent before original allocations can be spent. Therefore, this reallocation request of $36,000 HOME Program Income into the current Fiscal Year 2021-2022 2 4
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budget and will benefit additional Senior Home Repair Program participants, as outlined in the 2020-2021 Annual Action Plan. The Senior Home Repair Program maintains a waiting list of over 70 residents, which would utilize approximately two years’ worth of future funding dedicated to senior home repair. Due to the popularity of the program and an expanding wait list, the City will be able to assist a greater number of residents in accordance with the adopted Consolidated Plan and Action Plan with Program Income funds provided to the Senior Home Repair Program.

Background:

Annually since 2003, the City of Victorville receives Home Investment Partnership Program (HOME) funding through a consortium with the Town of Apple Valley. Although current HOME Program funds are dedicated to the Senior Home Repair Program (SHRP) and housing projects, previous funding cycles have directed funding toward the Mortgage Assistance Program (MAP) such as the subject case. When MAP loans are repaid, they can periodically create program income that can be used to fund other programs such as the SHRP. Inasmuch as the MAP program is no longer funded by HOME allocations, income originating from HOME programs is required to be utilized by current HOME funded programs, such as the SHRP.

Although the subject case was originally funded by the HOME program, MAP loans are currently funded through CalHome Program Income and provide assistance to very low, low, and moderate income homebuyers purchasing a home within the City of Victorville.

The current MAP Program makes available deferred payment loans up to a maximum of $55,000. This Program is designed to provide income eligible households the financial assistance necessary to secure the purchase of a single-family home. The MAP Program provides the needed amount to very low, low and moderate income families by bridging the gap between purchase price and affordability. Currently, a total of $332,355.77 of CalHome Program Income is available for the Mortgage Assistance Program Discussion:

On July 24, 2007, the program participant (“Participant”) received a MAP loan in the amount of $36,000 to aid in the purchase of a home at 13586 Arroyo Dr., Victorville, CA 92395. The Participant has now requested the City reconvey the Deed of Trust that secured the MAP loan. This request has been made due to the terms of the Promissory Note and Deed of Trust being satisfied with the sale of the subject home. The repayment of associated MAP loan funds occurred on November 10, 2021. As of this writing the Participant has not requested removal of the existing Covenants, Conditions and Restrictions (CC&Rs). While typically requested in conjunction with the reconveyance of the Deed of Trust, maintaining the CC&Rs will not adversely impact the City.

According to the Promissory Note, the repayment of the MAP loan required the Participant to pay the principal loan of $36,000 and after the expiration of the first ten years of the term of the promissory note, any required interest was forgiven provided the original purchaser maintained occupancy of the residence. Inasmuch as the Participant has maintained occupancy of residence since the creation of the MAP loan for over ten years, the Participant has paid off the applicable principal balance of $36,000. 2 4
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Since the Participant has satisfied the terms of the Promissory Note and Deed of Trust, Staff is requesting your approval in executing and recording of the Substitution of Trustee and Deed of Reconveyance.

Attachments:

Attachment A - Resolution No. 22-004
Attachment B - Substitution of Trustee and Deed of Reconveyance Attachment C - Original Promissory Note and Deed of Trust

ATTACHMENT A
Resolution No. 22-004
RESOLUTION NO. 22-004

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
VICTORVILLE DOES HEREBY RESOLVE AS FOLLOWS:

Account Amount Adjusted
2823027-47520-20940 $36,000
2823027-52300-20940 $36,000
SECTION 2. 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.

ATTACHMENT B
Substitution of Trustee and Deed
of Reconveyance

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

CITY OF VICTORVILLE
ATTN: JENELE DAVIDSON
14343 CIVIC DRIVE
VICTORVILLE, CA 92392
RE: MAP Case No. 07-03-01

________________________________________________________________________________________

APN: 3092-361-11-0000
13586 Arroyo Drive
Victorville, CA 92395

SUBSTITUTION OF TRUSTEE AND FULL RECONVEYANCE

Owner and Holder of the Note secured by the Deed of Trust dated July 24, 2007, executed by Veryle Perkins, as original Trustor and Chicago Title Company, a California Corporation, as original Trustee:
and the Victorville Redevelopment Agency , a Municipal C orporation, as original Beneficiary ; which Deed of Trust recorded July 24, 2001 as Instrument No. 2007-0450614 of the Official Records of San Bernardino County, in the State of California; and

The UNDERSIGNED being the present legal owner and holder of the indebtedness secured by said Deed of Trust regarding 13586 Arroyo Drive, Victorville, CA, 9239 5 in the County of San Bernardino and the State of California, and more particularly described in “EXHIBIT A” (attached) , hereby substitutes themselves as Trustee in lieu of above named Trustee under said Deed of Trust.

IN WITNESS WHEREO F OWNER AND SUCCESOR TRUSTEE THE UNDERSIGNED has caused the execution on:

CITY OF VICTORVILLE

Date:_______________ By: ______________________________ Jenele Davidson
Deputy City Manager

EXHIBIT A

LEGAL DESCRIPTION

All that real property located in the City of Victorville, San Bernardino County, State of California described as follows:

LOT 34, TRACT NO. 10226, IN THE CITY OF VICTORIVLLE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 149 OF MAPS, PAGES 41 TO 43, INCLUSIVE, RECORDS OF SAN BERNARDINO COUNTY.

APN: 3092-361-11
13586 Arroyo Drive
Victorville, CA 92395

State of California
County of San Bernardino

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

ATTACHMENT C
Original Promissory Note and Deed of Trust

Item Number: 7
City Council / Board of Directors
Consent Calendar
Meeting of: February 15, 2022
Submitted By:

Joe Slegers, Building Official

Subject:

City Hall Carpet Replacement – Phase 3, Notice of Completion Recommendation:

That the Honorable City Council accept as complete and approve the Notice of Completion for the City Hall Carpet Replacement, Phase 3 Project.

Fiscal Impact:

This Capital Improvement Project was budgeted under the 2021-2022 fiscal year budget for $41,000.00 and awarded to Carpet Club Inc. in the amount of $40,265.00 (1006050 52410-80068). Retention in the amount of five percent (5%) was withheld from this project’s payment, totaling $2,013.26 (100-20110-80068). Retention will be released no sooner than thirty-five days after the recordation of the Notice of Completion (NOC).

Background:

The existing broadloom carpet in City Hall was installed during the Expansion Project in 2007. The carpet is high traffic, commercial grade with a life expectancy of 7 years. With the carpet lasting twice its expectancy, it is time for replacement. The carpet throughout City Hall is heavily used and weathered, creating separation at the seams. The color is fading due to years of shampooing and extracting. The carpet has also been subject to many stains from unreported spills.

In preparation for Fiscal Year 19/20 budget, a rough order of magnitude estimate was established for replacing the carpet throughout City Hall. The estimate was well over $200,000.00. Even if funded, the months of disruption to City Hall’s normal course of business would be counterproductive for both city staff and our customers. For these reasons, the decision was made to split the project into fiscally and logistically manageable phases. It was also decided it would be beneficial to install carpet tiles in lieu of broadloom carpet. The main benefit is that; if a carpet tile is damaged and shampooing 2 4
1 2
or extracting fail to resolve the issue, it will be very easy to simply replace the tile. This will keep the carpet looking new and maximize the life expectancy.

In January 2020, quotes were solicited for Phase 1 of re-carpeting City Hall. The area to be re-carpeted totaled approximately 5,000 square feet. Three contractors submitted bids with Carpet Club Inc. being awarded the project. The winning bid received was priced at $27,010.00, or $5.40 per square foot. In October 2020, for Phase 2, Carpet Club Inc. submitted a quote to re-carpet 6,500 square feet for $34,995.00, or $5.40 per square foot and was again awarded the project. In the first two phases of re-carpeting City Hall, the installation process went smoothly, and the coordination with Carpet Club Inc. was very efficient. There were no issues to report throughout the duration of the projects and disruption to City Hall, our customers, and our employees was minimal. Because the project was a great success, staff inquired if it is possible to continue utilizing Carpet Club Inc. for future phases of the re-carpeting project. An email from the City Budget Officer, along with Municipal Code 2.28.190 (Attachment B), validates the use of a single contractor throughout a multiple phase project.

On September 2, 2021, Carpet Club Inc. was invited to City Hall to provide a quote for the City Hall Re-Carpeting - Phase 3 Project. They were provided with a floor plan designating approximately 7,200 square feet of area to be re-carpeted. The area included the main employee hallway, Public Works, Engineering, Water, and Code Enforcement.

On September 2, 2021, Carpet Club Inc. submitted a quote for $40,265.00, which equates to $5.60 per square feet. The $0.20 per square foot increase is due to an increase in material costs.

Because of Carpet Club’s performance on these projects and others, along with their consistent pricing, staff recommended approving the quote for $40,265.00 for the City Hall Re-Carpet Project – Phase 3. This project was under $50,000.00 and per Municipal Code 2.28.190, is within the City Manager’s authority to award and execute the contract.

Therefore, on Sept 14, 2021, staff submitted a memo and approval was given by the City Manager to move forward with the project.

Discussion:

The Project began December 20, 2021, and was satisfactorily completed on December 29, 2021. As such, staff is recommending that the City Council accept as complete and approve the NOC for the City Hall Carpet Replacement, Phase 3 Project. Thirty-five days after the recordation of the NOC (Attachment C), 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 the City Hall Carpet Replacement, Phase 3 Project and authorize the execution of the NOC by the Building Official.
2 4
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Attachments: A. Before and After Photos
B. Email and Municipal Code 2.28.190
C. Notice of Completion
Attachment A

Before Photos

After Photos

Attachment B

Attachment C

RECORDING REQUESTED BY:

CITY OF VICTORVILLE

WHEN RECORDED MAIL TO:

CITY OF VICTORVILLE
ATTN: CITY CLERK
P.O. BOX 5001
VICTORVILLE, CA 92393-5001

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 December 29, 2021

4. The work of improvement completed is described as follows: Carpet installation

5. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement Carpet Club, Inc.

6. The work site location is 14343 Civic Dr. Victorville, CA 92392

7. Assessor’s Parcel Numbers: 039618105

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, Joseph Slegers, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the Building Official 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 Joseph Slegers,
Building Official
City of Victorville
Item Number: 8
City Council / Board of Directors
Consent Calendar
Meeting of: February 15, 2022
Submitted By:

John Mendiola, Finance Director / City Treasurer

Subject:

Payroll Warrant List
Recommendation:

Please note employee Check Nos. 32623 and 32625 have a live Check and an EFT Advice. Also included are Advice Nos. 284208 through 284637, per adopted budget for Fiscal Year 2021-2022 period covering July 1, 2021 through June 30, 2022.

Fiscal Impact:

A total fiscal impact of $1,569,622.29 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 010722
Attachment A
Payroll Report PPE 010722
City of Victorville Council Payroll Report 01/28/2022Page 1 of 12 City of Victorville
City Council Payroll Report
Payroll Period Beginning: December 24, 2021 through January 07, 2022 Checks
Check Number Employee ID Check Date Total Net
32617 3592 01/10/2022 $3,018.66
32618 3551 01/14/2022 $606.27
32619 3618 01/14/2022 $582.77
32620 3616 01/14/2022 $1,141.27
32621 3619 01/14/2022 $635.99
32622 3615 01/14/2022 $1,249.63
32623 2705 01/14/2022 $819.44
32624 3617 01/14/2022 $795.98
32625 3230 01/14/2022 $2,373.08
32626 3559 01/14/2022 $4,429.48
32627 74 01/14/2022 $100.00
32628 74 01/14/2022 $200.00
32629 240 01/14/2022 $5.00
32630 787 01/14/2022 $233.00
32631 1145 01/14/2022 $100.00
32632 1182 01/14/2022 $200.00
32633 13491 01/14/2022 $422.31
Checks Total 16,912.88

City of Victorville Council Payroll Report 01/28/2022Page 2 of 12 Advices
Check Number Employee ID Check Date Total Net
32623 2705 01/14/2022 $2,000.00
32625 3230 01/14/2022 $400.00
284208 3533 01/11/2022 $533.86
284209 3608 01/14/2022 $2,128.19
284210 1099 01/14/2022 $657.43
284211 3495 01/14/2022 $1,686.17
284212 3597 01/14/2022 $3,024.99
284213 3243 01/14/2022 $2,467.66
284214 2115 01/14/2022 $4,766.73
284215 3142 01/14/2022 $1,425.13
284216 2682 01/14/2022 $2,021.52
284217 3297 01/14/2022 $630.71
284218 3458 01/14/2022 $357.45
284219 3229 01/14/2022 $3,660.54
284220 3283 01/14/2022 $2,227.45
284221 1064 01/14/2022 $6,100.01
284222 3467 01/14/2022 $1,715.83
284223 1706 01/14/2022 $4,229.99
284224 2395 01/14/2022 $2,693.53
284225 2624 01/14/2022 $2,324.19
284226 3596 01/14/2022 $2,555.50
284227 3043 01/14/2022 $1,761.50
284228 3031 01/14/2022 $2,396.06
284229 1748 01/14/2022 $2,561.44
284230 2361 01/14/2022 $1,988.46
284231 3502 01/14/2022 $2,236.65
284232 3561 01/14/2022 $2,340.92
284233 1903 01/14/2022 $1,602.90
284234 3527 01/14/2022 $1,514.86
284235 2627 01/14/2022 $1,871.14
284236 2366 01/14/2022 $1,675.08
284237 2618 01/14/2022 $1,580.16
284238 2594 01/14/2022 $2,434.15
284239 2297 01/14/2022 $1,685.23
284240 3516 01/14/2022 $2,510.02
284241 2093 01/14/2022 $1,400.85
284242 1973 01/14/2022 $3,158.13
284243 2019 01/14/2022 $2,268.81
284244 3494 01/14/2022 $2,224.69
284245 3538 01/14/2022 $2,077.77
284246 2102 01/14/2022 $2,911.29
City of Victorville Council Payroll Report 01/28/2022Page 3 of 12 284247 2233 01/14/2022 $2,420.36
284248 2606 01/14/2022 $1,958.65
284249 3046 01/14/2022 $1,772.29
284250 1635 01/14/2022 $4,252.12
284251 3327 01/14/2022 $1,989.92
284252 2287 01/14/2022 $2,608.22
284253 3009 01/14/2022 $3,522.84
284254 2619 01/14/2022 $2,152.88
284255 2603 01/14/2022 $1,606.84
284256 2491 01/14/2022 $2,212.77
284257 2235 01/14/2022 $3,846.96
284258 2300 01/14/2022 $2,952.04
284259 2655 01/14/2022 $1,420.87
284260 2032 01/14/2022 $2,567.16
284261 2685 01/14/2022 $1,488.03
284262 3521 01/14/2022 $2,022.78
284263 3528 01/14/2022 $1,762.57
284264 3045 01/14/2022 $2,271.39
284265 3499 01/14/2022 $1,776.63
284266 3362 01/14/2022 $1,833.14
284267 2232 01/14/2022 $2,473.70
284268 1957 01/14/2022 $2,135.77
284269 3290 01/14/2022 $1,904.29
284270 3085 01/14/2022 $1,896.62
284271 3246 01/14/2022 $2,955.53
284272 2042 01/14/2022 $4,221.53
284273 2323 01/14/2022 $2,903.34
284274 1767 01/14/2022 $2,696.78
284275 2225 01/14/2022 $3,152.97
284276 3544 01/14/2022 $1,778.77
284277 3221 01/14/2022 $2,314.27
284278 1533 01/14/2022 $2,165.45
284279 3501 01/14/2022 $2,596.19
284280 2833 01/14/2022 $1,849.76
284281 1627 01/14/2022 $3,203.56
284282 2211 01/14/2022 $3,850.47
284283 3497 01/14/2022 $1,200.76
284284 1426 01/14/2022 $1,380.70
284285 3105 01/14/2022 $1,644.13
284286 2254 01/14/2022 $3,375.47
284287 3354 01/14/2022 $3,231.62
284288 3011 01/14/2022 $1,558.02
284289 3508 01/14/2022 $1,800.12
284290 3295 01/14/2022 $432.86
City of Victorville Council Payroll Report 01/28/2022Page 4 of 12 284291 3184 01/14/2022 $2,737.14
284292 3400 01/14/2022 $1,844.87
284293 3547 01/14/2022 $1,240.45
284294 2742 01/14/2022 $2,517.81
284295 3089 01/14/2022 $3,666.00
284296 2379 01/14/2022 $2,054.44
284297 3565 01/14/2022 $1,240.45
284298 2711 01/14/2022 $1,570.70
284299 2099 01/14/2022 $1,523.15
284300 3586 01/14/2022 $1,667.77
284301 3190 01/14/2022 $2,200.06
284302 2249 01/14/2022 $3,861.99
284303 3250 01/14/2022 $1,200.76
284304 3548 01/14/2022 $1,183.35
284305 3511 01/14/2022 $2,501.57
284306 3581 01/14/2022 $1,253.75
284307 3396 01/14/2022 $1,775.38
284308 3519 01/14/2022 $2,139.79
284309 3541 01/14/2022 $2,074.94
284310 2499 01/14/2022 $2,548.48
284311 3379 01/14/2022 $1,947.65
284313 2105 01/14/2022 $3,754.99
284314 2515 01/14/2022 $2,060.74
284315 2679 01/14/2022 $2,505.12
284316 3490 01/14/2022 $1,960.20
284317 3475 01/14/2022 $2,852.20
284318 3353 01/14/2022 $2,291.94
284319 3542 01/14/2022 $2,551.85
284320 1955 01/14/2022 $2,857.16
284321 3147 01/14/2022 $5,001.92
284322 1632 01/14/2022 $2,819.99
284323 3148 01/14/2022 $2,703.60
284324 3195 01/14/2022 $1,655.48
284325 3602 01/14/2022 $2,815.67
284326 1970 01/14/2022 $2,196.20
284327 1520 01/14/2022 $1,983.94
284328 2605 01/14/2022 $1,874.36
284329 3505 01/14/2022 $3,825.16
284330 2540 01/14/2022 $6,379.96
284331 3522 01/14/2022 $1,736.12
284332 2377 01/14/2022 $2,463.82
284333 1079 01/14/2022 $2,353.16
284334 3463 01/14/2022 $2,298.28
284335 2312 01/14/2022 $2,681.09
City of Victorville Council Payroll Report 01/28/2022Page 5 of 12 284336 3510 01/14/2022 $1,739.86
284337 1901 01/14/2022 $5,199.30
284338 3068 01/14/2022 $1,884.75
284339 3129 01/14/2022 $3,119.08
284340 1998 01/14/2022 $2,574.35
284341 2376 01/14/2022 $3,987.22
284342 2111 01/14/2022 $2,480.94
284343 3303 01/14/2022 $3,147.48
284344 3558 01/14/2022 $2,251.01
284345 1655 01/14/2022 $4,240.14
284346 3285 01/14/2022 $2,376.96
284347 1529 01/14/2022 $1,624.07
284348 3238 01/14/2022 $3,629.29
284349 3242 01/14/2022 $2,136.95
284350 3346 01/14/2022 $1,858.98
284351 1776 01/14/2022 $2,805.84
284352 3192 01/14/2022 $1,850.05
284353 2635 01/14/2022 $2,239.76
284354 2798 01/14/2022 $1,970.73
284355 2522 01/14/2022 $1,013.23
284356 3265 01/14/2022 $1,795.20
284357 1503 01/14/2022 $2,408.18
284358 1515 01/14/2022 $2,082.79
284359 2505 01/14/2022 $2,280.26
284360 3299 01/14/2022 $1,568.67
284361 3113 01/14/2022 $2,024.75
284362 1007 01/14/2022 $3,080.03
284363 2343 01/14/2022 $966.47
284364 3273 01/14/2022 $2,761.70
284365 3121 01/14/2022 $2,145.69
284366 1497 01/14/2022 $2,161.61
284367 3537 01/14/2022 $2,027.66
284368 2192 01/14/2022 $1,625.79
284369 2034 01/14/2022 $1,864.36
284370 2275 01/14/2022 $2,580.45
284371 3380 01/14/2022 $2,276.54
284372 3191 01/14/2022 $1,753.19
284373 2530 01/14/2022 $2,681.86
284374 3496 01/14/2022 $350.44
284375 3051 01/14/2022 $1,784.27
284376 1750 01/14/2022 $2,204.17
284377 2770 01/14/2022 $1,729.39
284378 2228 01/14/2022 $2,001.91
284379 3482 01/14/2022 $1,200.76
City of Victorville Council Payroll Report 01/28/2022Page 6 of 12 284380 3101 01/14/2022 $2,399.65
284381 3335 01/14/2022 $1,882.16
284382 3611 01/14/2022 $1,387.81
284383 3388 01/14/2022 $1,425.34
284384 1249 01/14/2022 $1,813.33
284385 3284 01/14/2022 $2,028.21
284386 3580 01/14/2022 $1,240.45
284387 3270 01/14/2022 $1,499.49
284388 1117 01/14/2022 $3,025.55
284389 1625 01/14/2022 $2,639.57
284390 2248 01/14/2022 $1,803.95
284391 3263 01/14/2022 $1,465.68
284392 1588 01/14/2022 $1,960.91
284393 2189 01/14/2022 $2,238.72
284394 3560 01/14/2022 $1,461.88
284395 3509 01/14/2022 $1,734.12
284396 3226 01/14/2022 $3,193.65
284397 3257 01/14/2022 $1,629.79
284398 1121 01/14/2022 $2,068.96
284399 2689 01/14/2022 $1,193.79
284400 3149 01/14/2022 $2,191.42
284401 2181 01/14/2022 $2,078.01
284402 1865 01/14/2022 $2,173.98
284403 3479 01/14/2022 $1,251.36
284404 3331 01/14/2022 $1,487.22
284405 1723 01/14/2022 $1,291.15
284406 3288 01/14/2022 $1,226.05
284407 3296 01/14/2022 $1,823.13
284408 3572 01/14/2022 $1,205.51
284409 2531 01/14/2022 $2,404.79
284410 1513 01/14/2022 $2,805.71
284411 2118 01/14/2022 $984.58
284412 3387 01/14/2022 $1,088.24
284413 3330 01/14/2022 $1,835.73
284414 2681 01/14/2022 $3,035.93
284415 2119 01/14/2022 $1,680.27
284416 1612 01/14/2022 $1,815.27
284417 1282 01/14/2022 $2,175.92
284418 3610 01/14/2022 $1,297.55
284419 3277 01/14/2022 $1,667.34
284420 3287 01/14/2022 $1,740.37
284421 3037 01/14/2022 $1,814.00
284422 1449 01/14/2022 $2,400.23
284423 3481 01/14/2022 $1,283.16
City of Victorville Council Payroll Report 01/28/2022Page 7 of 12 284424 2677 01/14/2022 $4,382.24
284425 3341 01/14/2022 $2,302.52
284426 1137 01/14/2022 $2,729.26
284427 2383 01/14/2022 $1,751.97
284428 3130 01/14/2022 $1,681.88
284429 2489 01/14/2022 $1,760.30
284430 3361 01/14/2022 $1,767.55
284431 3139 01/14/2022 $1,528.31
284432 3099 01/14/2022 $2,205.36
284433 2696 01/14/2022 $1,663.81
284434 1287 01/14/2022 $2,638.03
284435 3536 01/14/2022 $2,028.06
284436 1254 01/14/2022 $2,040.86
284437 3187 01/14/2022 $1,748.47
284438 2368 01/14/2022 $1,737.40
284439 3095 01/14/2022 $1,820.52
284440 3532 01/14/2022 $1,914.92
284441 3258 01/14/2022 $1,319.02
284442 3100 01/14/2022 $2,343.48
284443 3259 01/14/2022 $1,022.32
284444 3344 01/14/2022 $1,783.17
284445 1338 01/14/2022 $3,194.93
284446 3507 01/14/2022 $1,319.02
284447 2229 01/14/2022 $1,566.06
284448 1049 01/14/2022 $2,130.26
284449 1506 01/14/2022 $1,757.59
284450 1959 01/14/2022 $3,373.37
284451 3004 01/14/2022 $2,033.68
284452 1893 01/14/2022 $1,818.87
284453 1581 01/14/2022 $2,309.97
284454 3279 01/14/2022 $1,806.53
284455 2460 01/14/2022 $1,790.53
284456 3112 01/14/2022 $1,689.95
284457 2732 01/14/2022 $1,676.99
284458 3338 01/14/2022 $1,438.76
284459 2552 01/14/2022 $1,760.78
284460 2476 01/14/2022 $3,020.14
284461 2279 01/14/2022 $2,082.76
284462 3515 01/14/2022 $4,227.94
284463 3092 01/14/2022 $2,372.56
284464 3138 01/14/2022 $2,534.57
284465 3146 01/14/2022 $2,871.77
284466 2749 01/14/2022 $819.30
284467 2748 01/14/2022 $1,794.00
City of Victorville Council Payroll Report 01/28/2022Page 8 of 12 284468 2669 01/14/2022 $2,956.53
284469 2623 01/14/2022 $1,907.07
284470 3180 01/14/2022 $2,130.65
284471 2637 01/14/2022 $2,336.61
284472 3079 01/14/2022 $1,615.27
284473 2638 01/14/2022 $2,560.46
284474 3513 01/14/2022 $1,744.28
284475 3109 01/14/2022 $2,652.13
284476 2671 01/14/2022 $2,971.61
284477 3019 01/14/2022 $2,767.95
284478 2593 01/14/2022 $2,145.82
284479 3328 01/14/2022 $2,312.37
284480 3461 01/14/2022 $1,744.34
284481 2626 01/14/2022 $2,409.02
284482 3038 01/14/2022 $2,060.86
284483 3052 01/14/2022 $1,805.94
284484 2290 01/14/2022 $1,810.70
284485 3110 01/14/2022 $2,445.17
284486 2641 01/14/2022 $2,559.92
284487 2612 01/14/2022 $2,719.59
284488 2642 01/14/2022 $3,053.47
284489 2674 01/14/2022 $2,198.35
284490 3231 01/14/2022 $2,148.85
284491 3228 01/14/2022 $2,217.18
284492 2628 01/14/2022 $1,396.96
284493 3301 01/14/2022 $1,504.65
284494 2630 01/14/2022 $2,663.18
284495 2643 01/14/2022 $1,813.10
284496 3182 01/14/2022 $2,239.78
284497 2599 01/14/2022 $2,038.59
284498 2683 01/14/2022 $3,000.90
284499 2753 01/14/2022 $3,222.82
284500 2610 01/14/2022 $3,958.22
284501 3323 01/14/2022 $3,126.94
284502 1389 01/14/2022 $3,851.57
284503 3264 01/14/2022 $1,823.64
284504 2808 01/14/2022 $1,640.10
284505 2646 01/14/2022 $2,372.93
284506 2600 01/14/2022 $3,209.74
284507 2524 01/14/2022 $2,254.24
284508 2686 01/14/2022 $2,116.87
284509 2193 01/14/2022 $2,150.27
284510 3322 01/14/2022 $2,282.55
284511 1931 01/14/2022 $1,734.07
City of Victorville Council Payroll Report 01/28/2022Page 9 of 12 284512 2038 01/14/2022 $1,674.50
284513 2339 01/14/2022 $2,118.68
284514 2678 01/14/2022 $3,221.78
284515 3240 01/14/2022 $1,942.41
284516 3215 01/14/2022 $2,597.61
284517 3035 01/14/2022 $2,198.92
284518 3185 01/14/2022 $2,034.59
284519 1853 01/14/2022 $2,614.11
284520 3503 01/14/2022 $2,266.84
284521 3589 01/14/2022 $420.65
284522 3579 01/14/2022 $155.69
284523 3570 01/14/2022 $76.48
284524 3376 01/14/2022 $2,735.32
284525 3384 01/14/2022 $741.68
284526 3386 01/14/2022 $1,799.70
284527 2488 01/14/2022 $745.51
284528 3120 01/14/2022 $1,040.15
284529 3474 01/14/2022 $821.37
284530 3582 01/14/2022 $825.82
284531 3252 01/14/2022 $2,208.27
284532 3070 01/14/2022 $1,948.17
284533 1866 01/14/2022 $1,776.14
284534 3371 01/14/2022 $1,088.99
284535 3577 01/14/2022 $215.33
284536 3267 01/14/2022 $883.55
284537 2478 01/14/2022 $493.60
284538 3470 01/14/2022 $489.13
284539 3315 01/14/2022 $1,040.15
284540 3569 01/14/2022 $139.99
284541 3471 01/14/2022 $973.02
284542 3531 01/14/2022 $3,368.67
284543 3587 01/14/2022 $569.45
284544 3029 01/14/2022 $1,631.37
284545 3326 01/14/2022 $2,917.27
284546 3609 01/14/2022 $840.61
284547 3492 01/14/2022 $466.63
284548 3576 01/14/2022 $98.33
284549 3566 01/14/2022 $343.49
284550 3397 01/14/2022 $1,843.89
284551 2006 01/14/2022 $2,352.88
284552 2684 01/14/2022 $1,418.66
284553 1966 01/14/2022 $3,886.40
284554 2204 01/14/2022 $3,038.60
284555 2355 01/14/2022 $2,654.90
City of Victorville Council Payroll Report 01/28/2022Page 10 of 12 284556 3500 01/14/2022 $2,027.69
284557 3601 01/14/2022 $1,850.21
284558 2039 01/14/2022 $1,705.98
284559 3281 01/14/2022 $2,127.19
284560 1990 01/14/2022 $2,656.94
284561 3550 01/14/2022 $2,632.20
284562 2629 01/14/2022 $1,874.61
284563 3348 01/14/2022 $2,183.76
284564 1544 01/14/2022 $2,254.12
284565 3543 01/14/2022 $1,752.60
284566 3107 01/14/2022 $1,959.92
284567 3081 01/14/2022 $1,869.10
284568 3523 01/14/2022 $3,138.28
284569 3271 01/14/2022 $2,388.99
284570 3017 01/14/2022 $3,937.59
284571 3512 01/14/2022 $2,427.18
284572 2027 01/14/2022 $1,547.74
284573 2330 01/14/2022 $2,151.11
284574 1932 01/14/2022 $1,635.12
284575 2590 01/14/2022 $1,552.01
284576 3437 01/14/2022 $4,106.41
284577 3416 01/14/2022 $2,730.98
284578 3421 01/14/2022 $2,893.97
284579 3439 01/14/2022 $2,308.61
284580 3440 01/14/2022 $3,702.28
284581 3441 01/14/2022 $3,695.04
284582 3473 01/14/2022 $3,582.37
284583 3406 01/14/2022 $4,955.55
284584 3422 01/14/2022 $3,275.92
284585 3407 01/14/2022 $5,016.29
284586 3442 01/14/2022 $3,343.99
284587 3368 01/14/2022 $1,245.47
284588 3433 01/14/2022 $3,124.25
284589 3469 01/14/2022 $2,899.72
284590 3424 01/14/2022 $3,878.94
284591 3414 01/14/2022 $4,055.65
284592 3425 01/14/2022 $4,005.53
284593 3443 01/14/2022 $3,084.11
284594 3600 01/14/2022 $3,145.31
284595 3598 01/14/2022 $5,176.74
284596 3418 01/14/2022 $3,526.57
284597 3444 01/14/2022 $3,154.96
284598 3583 01/14/2022 $4,119.52
284599 3585 01/14/2022 $2,983.13
City of Victorville Council Payroll Report 01/28/2022Page 11 of 12 284600 1718 01/14/2022 $9,471.62
284601 3409 01/14/2022 $3,020.95
284602 3426 01/14/2022 $5,265.90
284603 3584 01/14/2022 $3,490.17
284604 3410 01/14/2022 $3,911.20
284605 3447 01/14/2022 $3,628.64
284606 3427 01/14/2022 $3,950.55
284607 3607 01/14/2022 $2,876.28
284608 3411 01/14/2022 $5,790.88
284609 3448 01/14/2022 $3,169.26
284610 3571 01/14/2022 $1,814.60
284611 3518 01/14/2022 $1,520.80
284612 3449 01/14/2022 $3,711.11
284613 3428 01/14/2022 $10,191.10
284614 3429 01/14/2022 $2,909.04
284615 3455 01/14/2022 $4,353.48
284616 3451 01/14/2022 $4,347.60
284617 3595 01/14/2022 $3,220.18
284618 3430 01/14/2022 $3,690.36
284619 3452 01/14/2022 $4,170.19
284620 3417 01/14/2022 $2,387.39
284621 3431 01/14/2022 $2,619.59
284622 3419 01/14/2022 $3,371.42
284623 3524 01/14/2022 $3,100.67
284624 3412 01/14/2022 $5,373.49
284625 3564 01/14/2022 $2,021.33
284626 3420 01/14/2022 $4,540.22
284627 3378 01/14/2022 $3,749.54
284628 3435 01/14/2022 $3,524.41
284629 3432 01/14/2022 $4,174.97
284630 3408 01/14/2022 $3,066.39
284631 3445 01/14/2022 $3,079.19
284632 3456 01/14/2022 $2,489.24
284633 3591 01/14/2022 $2,773.67
284634 3392 01/14/2022 $4,527.05
284635 2210 01/14/2022 $2,457.69
284636 3434 01/14/2022 $3,458.03
284637 2450 01/19/2022 $987.60
Advices Total 1,011,521.43
City of Victorville Council Payroll Report 01/28/2022Page 12 of 12 Electronic Vendor Payments
Vendor Check Date Total Gross
IRS 1/4/2022 11.46
IRS 1/11/2022 1515.49
IRS 1/14/2022 170483.32
State Taxes 1/12/2022 247.08
State Taxes 1/12/2022 220.79
State Taxes 1/14/2022 47685.22
CASDU 1/14/2022 4126.53
Deferred Comp (457) 1/5/2022 29.66
Deferred Comp (457) 1/18/2022 65222.48
Deferred Comp (401a) 1/14/2022 352.64
PERS 1/19/2022 248413.31
VV Professional Firefighters 1/13/2022 2,880.00
Total Electronic Payments 541,187.98
Item Number: 9
City Council / Board of Directors
Consent Calendar
Meeting of: February 15, 2022
Submitted By:

John Mendiola, Finance Director / City Treasurer

Subject:

Commercial Demand Schedule No. 15
Recommendation:

Fiscal Impact:

The total fiscal impact for FY21-22 in the amount of $7,552,889.48 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. 15 Check Register Summary ATTACHMENT A:

Commercial Demand Schedule No. 15 Check Register Summary

CITY OF VICTORVILLE
Report generated: 02/03/2022 10:28 Page 1User:

Program ID:
hguzman
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE

AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
328624 01/26/2022 EFT 010063 10-8 RETROFIT, INC. 2,035.89 328625 01/26/2022 EFT 002921 AMERICAN LANDSCAPE AND MA 62,094.48 328626 01/26/2022 EFT 000165 ANIMAL EMERGENCY CLINIC 180.00 328628 01/26/2022 EFT 014614 AUTOMATED GATE SERVICES, 2,229.20 328629 01/26/2022 EFT 000297 BECK OIL, INC. 4,586.02
328630 01/26/2022 EFT 000312 BEST, BEST & KRIEGER 7,729.34 328631 01/26/2022 EFT 015877 BOOT BARN, INC. 1,523.03
328632 01/26/2022 EFT 003245 CALIFORNIA DEPARTMENT OF 147.00 328633 01/26/2022 EFT 002720 CALIFORNIA TOOL & WELDING 23.33 328634 01/26/2022 EFT 014820 CAL-STATE AUTO PARTS 977.67 328635 01/26/2022 EFT 015243 COFFMAN SPECIALTIES, INC. 342,337.53 328636 01/26/2022 EFT 000600 COLES BROS. 211.20
328637 01/26/2022 EFT 027067 COMPASS PEST MANAGEMENT I 112.00 328638 01/26/2022 EFT 017738 CONSOLIDATED FIRE AGENCIE 273,217.50 328639 01/26/2022 EFT 015486 CONSOLIDATED ELECTRICAL D 2,748.11 328640 01/26/2022 EFT 014883 LMG NATIONAL PUBLISHING, 1,041.41 328641 01/26/2022 EFT 012875 J W D'ANGELO CO INC 4,842.66 328642 01/26/2022 EFT 007554 DAVIS, JOSHUA 108.75
328643 01/26/2022 EFT 000743 DELL MARKETING L.P. 152,365.99 328644 01/26/2022 EFT 012505 DESERT ENVIRONMENTAL SERV 500.00 328645 01/26/2022 EFT 000760 DESERT SERVICE STATION MA 755.15 328646 01/26/2022 EFT 017312 SSI AND ASSOCIATES, INC. 511.50 328647 01/26/2022 EFT 022345 DIAMOND ENVIRONMENTAL SER 438.41 328648 01/26/2022 EFT 005295 DOKKEN ENGINEERING 28,142.98 328649 01/26/2022 EFT 012458 EDWARDS, BRETT 1,100.00
328650 01/26/2022 EFT 019731 EL DORADO BROADCASTERS LL 2,998.00 328651 01/26/2022 EFT 015760 FASTENAL COMPANY 97.43
328652 01/26/2022 EFT 016134 FRONTIER COMMUNICATIONS C 424.00 328654 01/26/2022 EFT 001740 G.A. OSBORNE PIPE-SUPPLY 3,586.10 328655 01/26/2022 EFT 001076 GRAINGER 593.59
328656 01/26/2022 EFT 003047 GRAVES & KING LLP 6,607.58 328657 01/26/2022 EFT 001104 HAAKER EQUIPMENT CO. 5,515.37 328658 01/26/2022 EFT 018938 HARRIS & ASSOCIATES, INC. 3,546.25 328659 01/26/2022 EFT 000278 HI DESERT ALARM 158.40
328660 01/26/2022 EFT 018949 HILL, DARREN 175.00
328661 01/26/2022 EFT 014733 INTEGRATED ENGINEERS AND 4,399.39 328662 01/26/2022 EFT 007512 IMPERIAL SPRINKLER SUPPLY 5,188.40 328663 01/26/2022 EFT 001059 JOE A. GONSALVES & SON 2,800.00 328664 01/26/2022 EFT 000696 L.N. CURTIS & SONS 826.06
328665 01/26/2022 EFT 008568 NBS GOVERNMENT FINANCE GR 7,360.00 328666 01/26/2022 EFT 028213 O'REILLY AUTO PARTS 738.70 328667 01/26/2022 EFT 013165 PETE'S ROAD SERVICE 1,188.31 328668 01/26/2022 EFT 001886 PRUDENTIAL OVERALL SUPPLY 381.11 328669 01/26/2022 EFT 018886 R.D. OFFUTT COMPANY 324.14 328670 01/26/2022 EFT 013661 REBEL OIL COMPANY 3,582.49 328671 01/26/2022 EFT 024930 REFRIGERATION SUPPLIES DI 476.17 328672 01/26/2022 EFT 001987 ROTARY CLUB - VICTORVILLE 32.00 328673 01/26/2022 EFT 015294 SALIDO, ERICA 300.00
328674 01/26/2022 EFT 002706 FONTANA FIRE EQUIPMENT IN 1,427.79 328675 01/26/2022 EFT 002123 SHERWIN WILLIAMS COMPANY 309.30 328676 01/26/2022 EFT 001153 DS SERVICES OF AMERICA, I 135.63 328677 01/26/2022 EFT 018883 MOMAR, INC. 476.69

CITY OF VICTORVILLE
Report generated: 02/03/2022 10:28 Page 2User:

Program ID:
hguzman
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE

AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
328678 01/26/2022 EFT 019701 TIME WARNER CABLE LLC 2,375.00 328679 01/26/2022 EFT 017269 TOWN & COUNTRY TIRE INC 100.00 328680 01/26/2022 EFT 002382 GREGORY, GERALD 250.00
328681 01/26/2022 EFT 014536 UNITED SITE SERVICES OF C 1,067.60 328682 01/26/2022 EFT 015079 VERIZON WIRELESS SERVICES 3,209.09 328683 01/26/2022 EFT 008430 CALMAT COMPANY 967.53
328684 01/26/2022 EFT 002481 VICTOR VALLEY ANIMAL PROT 920.00 328685 01/26/2022 EFT 027877 VICTORVILLE SPEEDWASH, IN 415.00 328686 01/26/2022 EFT 002862 V.V. TOW, INC. 1,104.00
328687 01/26/2022 EFT 002498 VICTOR VALLEY WASTEWATER 37,899.90 328688 01/26/2022 EFT 011361 WALTERS WHOLESALE ELECTRI 296.19 328689 01/26/2022 EFT 002554 WAXIE SANITARY SUPPLY 1,462.50 328690 01/26/2022 EFT 018845 Z GLOBAL INC. 253,620.91
328691 01/26/2022 EFT 014212 ALDERETE, EVONIA 337.24
328692 01/26/2022 EFT 011930 ANDERSON, PAMELA K 323.78
328693 01/26/2022 EFT 019717 ARROYO, JOANN 178.80
328694 01/26/2022 EFT 022271 ASHTON, STEVE 615.32
328695 01/26/2022 EFT 004941 BATES, CAROLEE 588.16
328696 01/26/2022 EFT 003638 BECERRA, ELIZABETH 687.80
328697 01/26/2022 EFT 012054 BECKER, JOHN R 198.25
328698 01/26/2022 EFT 014654 BEVILACQUA, ANTHONY 803.01 328699 01/26/2022 EFT 011916 BIER, MICHAEL 304.78
328700 01/26/2022 EFT 018689 BORROWMAN, STEVEN H. 855.30 328701 01/26/2022 EFT 012066 BROWN, MARTY R 803.01
328702 01/26/2022 EFT 012044 BURCHAK, GLORIA J 301.26
328703 01/26/2022 EFT 011926 BUSH, YVONNE 265.55
328704 01/26/2022 EFT 012056 CALDWELL, TERRY E 183.33
328705 01/26/2022 EFT 001114 CAMELI-STEVENS, LORAINE 158.02 328706 01/26/2022 EFT 003218 CARBAJAL, STEVEN 622.39
328707 01/26/2022 EFT 025314 CASTRO, MELISSA 675.08
328708 01/26/2022 EFT 008111 COLLINS, KEVIN 386.97
328709 01/26/2022 EFT 011935 COSTELLO, JOSE 110.51
328710 01/26/2022 EFT 011934 COX, JAMES L 186.14
328711 01/26/2022 EFT 012064 COY, MICHAEL 87.85
328712 01/26/2022 EFT 012069 DEZWART, AMY LYN 301.26
328713 01/26/2022 EFT 006095 DIAZ, JANET 502.26
328714 01/26/2022 EFT 019734 DORAN, WILLIAM J. III 243.08 328715 01/26/2022 EFT 009544 FALZONE, RICHARD 195.20
328716 01/26/2022 EFT 012046 FITZSIMMONS, RALPH L 50.79 328717 01/26/2022 EFT 012062 FLORES, CYNTHIA D 7.37
328718 01/26/2022 EFT 011940 GARCIA, VINCENT J 720.26
328719 01/26/2022 EFT 011909 GARLAND, SHEILA D 238.83
328720 01/26/2022 EFT 012063 HARBOUR, RAYMOND LEE 831.26 328721 01/26/2022 EFT 015665 HELDRETH, GREGORY 818.67
328722 01/26/2022 EFT 012052 HINOJOS, JANICE A 249.95
328723 01/26/2022 EFT 011677 HOLLAND, KELLEY 243.50
328724 01/26/2022 EFT 012050 JARRETT, JENNIE L 301.26
328725 01/26/2022 EFT 022215 KARRES, RONALD J. 257.09
328726 01/26/2022 EFT 012049 KUHLMANN, EULEMA 102.63
328727 01/26/2022 EFT 014183 LAURIE, BERNEE 409.97
328728 01/26/2022 EFT 012061 LAWSON, JAMES 394.99
328729 01/26/2022 EFT 012047 LEEF, DAVID 183.33

CITY OF VICTORVILLE
Report generated: 02/03/2022 10:28 Page 3User:

Program ID:
hguzman
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE

AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
328730 01/26/2022 EFT 009048 LUDWIG, TRACY 481.68
328731 01/26/2022 EFT 019051 LUTHER, KARLA 243.50
328732 01/26/2022 EFT 012060 MADDOX, JONNIE F 337.24
328733 01/26/2022 EFT 011919 MARTINEZ, BASILIO 803.01
328734 01/26/2022 EFT 019440 MCCORMICK, DONNA 661.62
328735 01/26/2022 EFT 014184 MCGINN, JOHN 511.79
328736 01/26/2022 EFT 011918 MCGLADE, JOHN A 161.58
328737 01/26/2022 EFT 004588 MCGOWAN, CHERYL 244.37
328738 01/26/2022 EFT 003603 MCMURTRY, DANIEL 616.98
328739 01/26/2022 EFT 011913 MILLENDER, FRANCENE J 495.14 328740 01/26/2022 EFT 004745 MILLER, BRUCE 315.19
328741 01/26/2022 EFT 011917 MORSE, RENEE 323.78
328742 01/26/2022 EFT 012070 MOSHER, ADELE 74.58
328743 01/26/2022 EFT 012426 MULLINS, DENNIS M. 225.77
328744 01/26/2022 EFT 012065 NEWELL, CAROLYN 719.18
328745 01/26/2022 EFT 003200 O'DELL, DARRELL 477.87
328746 01/26/2022 EFT 013672 OGILVIE-HARPER, MARQUITA 220.72 328747 01/26/2022 EFT 012697 OROS, DWAYNE E. 675.08
328748 01/26/2022 EFT 012057 PATTERSON, ADAIR MARIE 323.78 328749 01/26/2022 EFT 011914 PETERSON, ROGER 152.11
328750 01/26/2022 EFT 022185 PIEPER, WADE 675.08
328751 01/26/2022 EFT 020717 PRUEITT, CORINNE 661.62
328752 01/26/2022 EFT 020716 PRUEITT, DAVID 661.62
328753 01/26/2022 EFT 011910 RAMIREZ, DIANA M 275.33
328754 01/26/2022 EFT 018894 RANDALL, DAVID L. 521.17
328755 01/26/2022 EFT 011920 RANKIN, SHARON 261.02
328756 01/26/2022 EFT 013209 RANKIN, TIMOTHY 471.39
328757 01/26/2022 EFT 014496 RODRIGUEZ, LOUIE 616.98
328758 01/26/2022 EFT 017345 RUSSO, MARILEE 365.70
328759 01/26/2022 EFT 003583 RUSSO, VINCE 558.62
328760 01/26/2022 EFT 014493 SALAS, GLENN 279.68
328761 01/26/2022 EFT 012045 SALBERG, RAYMOND A 17.58
328762 01/26/2022 EFT 011929 SALINAS SR., XAVIER S 178.26 328763 01/26/2022 EFT 017488 SCHROEDER, KAY D. 265.55
328764 01/26/2022 EFT 014082 SMITH, ARNOLD 106.57
328765 01/26/2022 EFT 011931 SONGER FAMILY SURVIVAL TR 337.24 328766 01/26/2022 EFT 024654 SPARKS, DAVID J. 655.46
328767 01/26/2022 EFT 018887 STONESIFER, ROBERT 102.63
328768 01/26/2022 EFT 021852 STONESIFER, BARRY 675.08
328769 01/26/2022 EFT 012078 THOMASSON, PHILLIP 536.32
328770 01/26/2022 EFT 014806 WASSERMAN, REBECCA A 103.92 328771 01/26/2022 EFT 019160 WEAVER, STUART 419.17
328772 01/26/2022 EFT 011915 WHITE, JAMES M 337.24
328773 01/26/2022 EFT 011924 WILSON, BOBBY G 217.49
328774 01/26/2022 EFT 012048 WILSON, HELEN E 442.45
328775 01/26/2022 EFT 012958 WOLTERS, MARCELLA 414.20
328776 01/26/2022 EFT 012059 ZIZZI, WARREN J 565.27
328778 02/02/2022 EFT 000297 BECK OIL, INC. 1,555.47
328779 02/02/2022 EFT 010063 10-8 RETROFIT, INC. 6,871.98 328780 02/02/2022 EFT 000144 AMERICAN GREEN DEVELOPERS 24,561.00 328781 02/02/2022 EFT 018562 BEST POWER EQUIPMENT, LLC 356.69 328782 02/02/2022 EFT 000205 ATLAS COPCO USA HOLDINGS 6,144.68

CITY OF VICTORVILLE
Report generated: 02/03/2022 10:28 Page 4User:

Program ID:
hguzman
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE

AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
328783 02/02/2022 EFT 007650 BAKER & TAYLOR, INC. 405.58 328784 02/02/2022 EFT 000297 BECK OIL, INC. 13,162.17
328785 02/02/2022 EFT 000312 BEST, BEST & KRIEGER 741.00 328786 02/02/2022 EFT 015877 BOOT BARN, INC. 135.93
328787 02/02/2022 EFT 010986 BRAUN BLAISING SMITH WYNN 1,704.80 328788 02/02/2022 EFT 003245 CALIFORNIA DEPARTMENT OF 735.00 328789 02/02/2022 EFT 014820 CAL-STATE AUTO PARTS 1,532.93 328790 02/02/2022 EFT 015486 CONSOLIDATED ELECTRICAL D 1,980.34 328791 02/02/2022 EFT 000662 THE COUNSELING TEAM INTER 950.00 328792 02/02/2022 EFT 014883 LMG NATIONAL PUBLISHING, 1,026.40 328793 02/02/2022 EFT 000743 DELL MARKETING L.P. 907.67 328794 02/02/2022 EFT 012800 DKF SOLUTIONS GROUP, LLC 1,120.00 328795 02/02/2022 EFT 005295 DOKKEN ENGINEERING 5,255.00 328796 02/02/2022 EFT 015760 FASTENAL COMPANY 169.07
328797 02/02/2022 EFT 017560 FERGUSON ENTERPRISES, LLC 119.66 328798 02/02/2022 EFT 001829 FINDAWAY WORLD, LLC 734.45 328799 02/02/2022 EFT 011206 FLYERS ENERGY LLC 375.99
328800 02/02/2022 EFT 016134 FRONTIER COMMUNICATIONS C 307.26 328801 02/02/2022 EFT 003960 CENGAGE LEARNING, INC. 132.84 328802 02/02/2022 EFT 001740 G.A. OSBORNE PIPE-SUPPLY 1,291.81 328803 02/02/2022 EFT 016026 GEYSER EQUIPMENT, LLC 62.85 328804 02/02/2022 EFT 001076 GRAINGER 541.05
328805 02/02/2022 EFT 003047 GRAVES & KING LLP 58,382.40 328806 02/02/2022 EFT 001104 HAAKER EQUIPMENT CO. 502.84 328807 02/02/2022 EFT 028225 HESPERIA OUTDOOR POWER EQ 2,664.16 328808 02/02/2022 EFT 000278 HI DESERT ALARM 496.00
328809 02/02/2022 EFT 020909 HODGE PRODUCTS, INC. 312.71 328810 02/02/2022 EFT 009809 KUROWSKI, HEATHER 96.76
328811 02/02/2022 EFT 000696 L.N. CURTIS & SONS 3,214.83 328812 02/02/2022 EFT 001599 MOJAVE DESERT AQMD 3,244.54 328813 02/02/2022 EFT 028462 NINYO & MOORE GEOTECHNICA 3,467.50 328814 02/02/2022 EFT 009644 NORTHERN SAFETY COMPANY I 540.05 328815 02/02/2022 EFT 017861 NYCANCO EMS PRODUCTS, INC 1,500.42 328816 02/02/2022 EFT 003523 ODYSSEY POWER CORPORATION 653.00 328817 02/02/2022 EFT 013165 PETE'S ROAD SERVICE 44.61
328818 02/02/2022 EFT 011861 PLUMBER'S DEPOT INC 1,383.23 328819 02/02/2022 EFT 001886 PRUDENTIAL OVERALL SUPPLY 1,631.68 328820 02/02/2022 EFT 020716 PRUEITT, DAVID 661.62
328821 02/02/2022 EFT 012121 PUGH, MATTHEW 12.21
328822 02/02/2022 EFT 013661 REBEL OIL COMPANY 5,939.63 328823 02/02/2022 EFT 024930 REFRIGERATION SUPPLIES DI 62.28 328824 02/02/2022 EFT 012308 ROADPOST USA ,INC. 120.91
328825 02/02/2022 EFT 001987 ROTARY CLUB - VICTORVILLE 436.00 328826 02/02/2022 EFT 017604 SAFELITE FULFILLMENT, INC 39.95 328827 02/02/2022 EFT 002017 SAFEWAY SIGN CO. 5,724.97
328829 02/02/2022 EFT 002037 SAN BERNARDINO COUNTY 2,705,615.00 328830 02/02/2022 EFT 015670 SCORPION FIRE PROTECTION, 9,474.99 328831 02/02/2022 EFT 007006 SAN BERNARDINO SEXUAL ASS 5,371.96 328832 02/02/2022 EFT 002936 SONSRAY MACHINERY LLC 131.16 328833 02/02/2022 EFT 016220 SOUTH COAST EMERGENCY VEH 456.22 328834 02/02/2022 EFT 005015 ST. JOHN OF GOD HEALTH SE 8,007.42 328835 02/02/2022 EFT 018368 TARGETSOLUTIONS LEARNING, 4,720.00

CITY OF VICTORVILLE
Report generated: 02/03/2022 10:28 Page 5User:

Program ID:
hguzman
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE

AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
328836 02/02/2022 EFT 019341 MARTIN, ARMANDO JR. 4,000.00 328837 02/02/2022 EFT 017269 TOWN & COUNTRY TIRE INC 40.00 328838 02/02/2022 EFT 002790 TREADWELL, KENNETH R. 4,750.00 328839 02/02/2022 EFT 028349 TYLER TECHNOLOGIES, INC. 227,717.38 328840 02/02/2022 EFT 002419 UNDERGROUND SERVICE ALERT 738.63 328841 02/02/2022 EFT 027706 HD SUPPLY FACILITIES MAIN 553.63 328842 02/02/2022 EFT 015079 VERIZON WIRELESS SERVICES 158.00 328843 02/02/2022 EFT 008430 CALMAT COMPANY 1,880.05
328844 02/02/2022 EFT 002481 VICTOR VALLEY ANIMAL PROT 25,420.27 328845 02/02/2022 EFT 002782 VICTOR VALLEY DOMESTIC VI 7,906.44 328846 02/02/2022 EFT 002862 V.V. TOW, INC. 43.00
328847 02/02/2022 EFT 002498 VICTOR VALLEY WASTEWATER 1,061,767.20 328848 02/02/2022 EFT 002554 WAXIE SANITARY SUPPLY 320.64 328849 02/02/2022 EFT 018845 Z GLOBAL INC. 3,250.00
784330 01/26/2022 PRINTED 013312 A & B HITCHES AND MUFFLER 48.48 784331 01/26/2022 PRINTED 006716 AIRGAS USA, LLC 231.88 784332 01/26/2022 PRINTED 000038 AT&T 120.00
784333 01/26/2022 PRINTED 017680 AUTOZONE, INC. 534.11
784334 01/26/2022 PRINTED 003042 APPLE VALLEY COMMUNICATIO 614.41 784335 01/26/2022 PRINTED 017968 AVCOM SERVICES, INC. 620.00 784336 01/26/2022 PRINTED 000290 BATTERY MART OF APPLE VAL 83.12 784337 01/26/2022 PRINTED 019571 MJ AUTO GLASS INC. 551.12 784338 01/26/2022 PRINTED 017353 BOUND TREE MEDICAL, LLC 6,591.67 784339 01/26/2022 PRINTED 000380 BURRTEC WASTE INDUSTRIES 2,604.88 784340 01/26/2022 PRINTED 000380 BURRTEC WASTE INDUSTRIES 27,633.03 784341 01/26/2022 PRINTED 016222 CACEO 200.00
784342 01/26/2022 PRINTED 017562 STATE OF CALIFORNIA DEPT. 560.00 784343 01/26/2022 PRINTED 020755 MIKE CAPOSIO BUICK GMC, L 55.46 784344 01/26/2022 PRINTED 021825 GORMAN, PAT 19,125.87
784345 01/26/2022 PRINTED 020696 COMPRESSION TECHNOLOGY 1,132.55 784346 01/26/2022 PRINTED 020761 CONCORD UTILITY SERVICES 54,963.68 784347 01/26/2022 PRINTED 009898 CWEA 192.00
784348 01/26/2022 PRINTED 009898 CWEA 288.00
784349 01/26/2022 PRINTED 999976 DELCEPPO, CHYLYNN 48.00 784350 01/26/2022 PRINTED 006348 DAILY JOURNAL CORPORATION 759.15 784351 01/26/2022 PRINTED 000764 ELLIOTT, RYAN 69.71
784352 01/26/2022 PRINTED 018020 DIXON PEST CONTROL, INC. 207.00 784353 01/26/2022 PRINTED 000133 DMC-DOCUMENT & MIRCROFILM 596.91 784354 01/26/2022 PRINTED 011613 ECORP CONSULTING, INC. 22,781.47 784355 01/26/2022 PRINTED 000875 ENDURA STEEL, INC. 24.71 784356 01/26/2022 PRINTED 000975 FRANKLIN TRUCK PARTS, INC 621.02 784357 01/26/2022 PRINTED 020753 GARCIA, GABRIEL 122.33 784358 01/26/2022 PRINTED 005831 GARLAND, GARY M 175.00 784359 01/26/2022 PRINTED 001063 GOODYEAR COMMERCIAL TIRE 11,454.20 784360 01/26/2022 PRINTED 001074 GRAHAM EQUIPMENT 134.86 784361 01/26/2022 PRINTED 020022 THE GREATER HIGH DESERT C 975.00 784362 01/26/2022 PRINTED 020757 GUARDIAN GEAR 7,150.27 784363 01/26/2022 PRINTED 999980 HARDY, STACI 260.00
784364 01/26/2022 PRINTED 017053 HIGH DESERT LOCK & SAFE, 264.94 784365 01/26/2022 PRINTED 001155 HESPERIA HOSE SUPPLY 28.46 784366 01/26/2022 PRINTED 001229 HOWARDS MUFFLER SERVICE, 258.75 784367 01/26/2022 PRINTED 020712 INNOVATION PAINTING INC. 37,525.00

CITY OF VICTORVILLE
Report generated: 02/03/2022 10:28 Page 6User:

Program ID:
hguzman
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE

AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
784368 01/26/2022 PRINTED 019268 IRONWOOD CONSULTING, INC 42,890.72 784369 01/26/2022 PRINTED 001358 KAMAN INDUSTRIAL TECHNOLO 14.31 784370 01/26/2022 PRINTED 018875 KONICA MINOLTA BUSINESS S 1,447.29 784371 01/26/2022 PRINTED 018875 KONICA MINOLTA BUSINESS S 1,953.17 784372 01/26/2022 PRINTED 016932 OMEGA FIRE, INC. 1,326.83 784373 01/26/2022 PRINTED 999984 LORENZ, JANELLE 53.00
784374 01/26/2022 PRINTED 015232 LOGICALIS, INC 600.00
784375 01/26/2022 PRINTED 017054 LOOPNET, INC. 576.00
784376 01/26/2022 PRINTED 018521 MCA DIRECT 268.94
784377 01/26/2022 PRINTED 001592 MOBILE OCCUPATIONAL SERVI 565.00 784378 01/26/2022 PRINTED 027847 MOJAVE DESERT & MTN INTEG 23,486.00 784379 01/26/2022 PRINTED 001648 NAPA AUTO PARTS 685.26 784380 01/26/2022 PRINTED 020820 NIELSEN MERKSAMER PARINEL 417.00 784381 01/26/2022 PRINTED 001711 OFFICEMAX NORTH AMERICA 1,087.95 784382 01/26/2022 PRINTED 014304 ONE SOURCE DISTRIBUTORS, 3,020.03 784383 01/26/2022 PRINTED 014355 QUINN COMPANY 42,383.39 784384 01/26/2022 PRINTED 011466 RANGE VEHICLE CENTER INC. 498.81 784385 01/26/2022 PRINTED 010689 RED HELMET TRAINING 2,130.00 784386 01/26/2022 PRINTED 016198 RETAIL MARKETING SERVICES 1,245.00 784387 01/26/2022 PRINTED 003150 ROBERTSON'S 712.62
784388 01/26/2022 PRINTED 002746 ROTO-ROOTER PLUMBERS 1,963.75 784389 01/26/2022 PRINTED 999991 SPINA, RACHEL 61.00
784390 01/26/2022 PRINTED 014287 SAPP, DONALD 175.00
784391 01/26/2022 PRINTED 002063 SBC FIRE PREVENTION OFFIC 60.00 784392 01/26/2022 PRINTED 002037 SAN BERNARDINO COUNTY 110.00 784393 01/26/2022 PRINTED 002037 SAN BERNARDINO COUNTY 255.30 784394 01/26/2022 PRINTED 002071 SAN BERNARDINO CO SOLID W 291,967.53 784395 01/26/2022 PRINTED 016345 NNN INVESTMENTS INC. 278.25 784396 01/26/2022 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 189,538.29 784397 01/26/2022 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 35,000.00 784398 01/26/2022 PRINTED 020284 SOCAL PPE, LLC 271.88
784399 01/26/2022 PRINTED 002236 STATE WATER RESOURCES CON 46,200.00 784400 01/26/2022 PRINTED 007235 STATEWIDE TRAFFIC SAFETY 3,099.38 784401 01/26/2022 PRINTED 002269 SUNLAND FORD 11.02
784402 01/26/2022 PRINTED 002204 SOUTHWEST GAS CORPORATION 1,034.36 784403 01/26/2022 PRINTED 014914 ULINE SHIPPING SUPPLY SPE 845.37 784404 01/26/2022 PRINTED 016227 V & V MANUFACTURING, INC 447.29 784405 01/26/2022 PRINTED 023108 VCA MESA ANIMAL HOSPITAL 439.97 784406 01/26/2022 PRINTED 020762 OREMOR OF VICTORVILLE, LL 823.57 784407 01/26/2022 PRINTED 018955 WASHEX MACHINERY OF CALIF 850.00 784408 01/26/2022 PRINTED 029101 ACUITY SPECIALTY PRODUCTS 921.57 784409 01/26/2022 PRINTED 005257 ARIZONA PIPELINE CO. 32,671.10 784410 01/26/2022 PRINTED 001015 GALLS PARENT HOLDINGS, LL 2,437.50 784411 01/26/2022 PRINTED 013671 WEBB, WILLIAM C 326.47 784412 01/26/2022 PRINTED 020823 MENDEZ, XAVIER 230.53
784413 02/02/2022 PRINTED 000174 APEX RENTAL 21.13
784414 02/02/2022 PRINTED 014673 AC PLUS HEATING & AIR INC 1,215.00 784415 02/02/2022 PRINTED 000174 APEX RENTAL 21.13
784416 02/02/2022 PRINTED 000191 APPLIED INDUSTRIAL TECH 11.48 784417 02/02/2022 PRINTED 013087 ATHENS TECHNICIAL SPECIAL 714.50 784418 02/02/2022 PRINTED 017680 AUTOZONE, INC. 152.47
784419 02/02/2022 PRINTED 017968 AVCOM SERVICES, INC. 405.00

CITY OF VICTORVILLE
Report generated: 02/03/2022 10:28 Page 7User:

Program ID:
hguzman
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE

AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
784420 02/02/2022 PRINTED 000290 BATTERY MART OF APPLE VAL 765.46 784421 02/02/2022 PRINTED 004380 BELFOR USA GROUP, INC. 22,075.88 784422 02/02/2022 PRINTED 017353 BOUND TREE MEDICAL, LLC 4,845.42 784423 02/02/2022 PRINTED 999975 CANADA, NORA 200.00
784424 02/02/2022 PRINTED 999975 CANADA. NORA 409.35
784425 02/02/2022 PRINTED 002935 CALIFORNIA WATERSHED ENGI 11,200.75 784426 02/02/2022 PRINTED 000787 STATE OF CALIFORNIA 33,665.75 784427 02/02/2022 PRINTED 001162 CAZCOM, INC. 380.00
784428 02/02/2022 PRINTED 019812 SOCIAL SCIENCE SERVICES, 1,200.00 784429 02/02/2022 PRINTED 000155 CENTURY LINK 436.77
784430 02/02/2022 PRINTED 014359 CIVILTEC ENGINEERING, INC 47,354.14 784431 02/02/2022 PRINTED 020761 CONCORD UTILITY SERVICES 16,715.49 784432 02/02/2022 PRINTED 018933 CUMMINS, INC. 142.53
784433 02/02/2022 PRINTED 006348 DAILY JOURNAL CORPORATION 182.60 784434 02/02/2022 PRINTED 010687 HONG, JAMES 1,680.90
784435 02/02/2022 PRINTED 015671 DFM ASSOCIATES 65.25
784436 02/02/2022 PRINTED 018020 DIXON PEST CONTROL, INC. 963.00 784437 02/02/2022 PRINTED 016744 FAMILY ASSISTANCE PROGRAM 6,012.67 784438 02/02/2022 PRINTED 019227 GOFORTH, BRENDA 141.91 784439 02/02/2022 PRINTED 001155 HESPERIA HOSE SUPPLY 641.70 784440 02/02/2022 PRINTED 019809 STREAMS IN THE DESERT FOU 8,401.61 784441 02/02/2022 PRINTED 019828 HIGH DESERT SECOND CHANCE 29,901.35 784442 02/02/2022 PRINTED 001285 INLAND WATER WORKS SUPPLY 1,362.64 784443 02/02/2022 PRINTED 016775 INTERWEST CONSULTING GROU 1,324.70 784444 02/02/2022 PRINTED 019268 IRONWOOD CONSULTING, INC 16,960.02 784445 02/02/2022 PRINTED 001334 JOBS AVAILABLE INC 624.00 784446 02/02/2022 PRINTED 010135 KAT EQUIPMENT LEASING INC 2,918.70 784447 02/02/2022 PRINTED 016786 K. R. NIDA CORPORATION 371.39 784448 02/02/2022 PRINTED 999984 LORENZ, JANELLE 43.00
784449 02/02/2022 PRINTED 999985 MCDANIEL, KEITH 318.00 784450 02/02/2022 PRINTED 010895 MCKESSON MEDICAL SURGICAL 599.05 784451 02/02/2022 PRINTED 001592 MOBILE OCCUPATIONAL SERVI 80.00 784452 02/02/2022 PRINTED 027847 MOJAVE DESERT & MTN INTEG 25,842.99 784453 02/02/2022 PRINTED 001648 NAPA AUTO PARTS 9,063.81 784454 02/02/2022 PRINTED 017734 NEPHRON STERILE COMPOUNDI 750.00 784455 02/02/2022 PRINTED 018519 PARSONS TRANSPORTATION GR 20,842.20 784456 02/02/2022 PRINTED 020756 CATEGORY FIVE TECHNOLOGIE 4,489.99 784457 02/02/2022 PRINTED 012414 RAY GASKIN SERVICE 212.11 784458 02/02/2022 PRINTED 020715 REDISTRICTING PARTNERS, L 17,500.00 784459 02/02/2022 PRINTED 003150 ROBERTSON'S 1,796.14
784460 02/02/2022 PRINTED 002746 ROTO-ROOTER PLUMBERS 28,623.00 784461 02/02/2022 PRINTED 999991 SHIBATTA, KENJI 650.00 784462 02/02/2022 PRINTED 999991 SOTO, ISAI 175.00
784463 02/02/2022 PRINTED 017945 SILVERADO AVIONICS, INC. 42,898.54 784464 02/02/2022 PRINTED 010861 SNAP-ON INCORPORATED 40.34 784465 02/02/2022 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 11,652.68 784466 02/02/2022 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 21,134.53 784467 02/02/2022 PRINTED 002236 STATE WATER RESOURCES CON 75.00 784468 02/02/2022 PRINTED 004812 STERICYCLE INC. 1,117.44 784469 02/02/2022 PRINTED 002269 SUNLAND FORD 13,237.83 784470 02/02/2022 PRINTED 002204 SOUTHWEST GAS CORPORATION 270,223.05 784471 02/02/2022 PRINTED 025961 WEST PUBLISHING CORP 478.61

CITY OF VICTORVILLE
Report generated: 02/03/2022 10:28 Page 8User:

Program ID:
hguzman
apchkrcn
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE

AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
784472 02/02/2022 PRINTED 001993 TREVINO,JOSEFINA 1,050.96 784473 02/02/2022 PRINTED 015840 ULTIMATE TINT & WHEEL 159.00 784474 02/02/2022 PRINTED 016520 UNITED STATES 59,707.76 784475 02/02/2022 PRINTED 020762 OREMOR OF VICTORVILLE, LL 810.19 784476 02/02/2022 PRINTED 016921 ZENCITY TECHNOLOGIES US I 36,000.00 784477 02/02/2022 PRINTED 020842 ALL PURPOSE FIRE EXT. COR 497.31 784478 02/02/2022 PRINTED 020825 ARGUETA, VIRGINIA 76.58 784479 02/02/2022 PRINTED 020841 BAO, SHENGHAO H. 80.72 784480 02/02/2022 PRINTED 020837 CHICAGO TITLE CO 98.66 784481 02/02/2022 PRINTED 020826 CID, CLARITA 11.80
784482 02/02/2022 PRINTED 020827 CLAASIC LLC 95.12
784483 02/02/2022 PRINTED 020840 COMFORT REALTY, LLC 27.24 784484 02/02/2022 PRINTED 020834 ERE INVESTMENTS, LLC 38.55 784485 02/02/2022 PRINTED 005795 EVERGREEN HOMES LLC 141.95 784486 02/02/2022 PRINTED 005795 EVERGREEN HOMES LLC 158.33 784487 02/02/2022 PRINTED 005795 EVERGREEN HOMES LLC 140.54 784488 02/02/2022 PRINTED 005795 EVERGREEN HOMES LLC 180.61 784489 02/02/2022 PRINTED 005795 EVERGREEN HOMES LLC 67.45 784490 02/02/2022 PRINTED 020839 FIDELITY NATIONAL TITLE C 12.66 784491 02/02/2022 PRINTED 020828 HENDERSON, STEVEN L. 23.84 784492 02/02/2022 PRINTED 018203 HERNANDEZ, EDUARDO D 18.20 784493 02/02/2022 PRINTED 020831 I-15/VICTORVILLE 715.58 784494 02/02/2022 PRINTED 018158 K HOVNANIAN @ LUNA VISTA 68.86 784495 02/02/2022 PRINTED 020845 LAGER TRUST 7/16/99 532.74 784496 02/02/2022 PRINTED 020824 MOLINA, SERGIO H 28.61 784497 02/02/2022 PRINTED 020836 PROVEST REALTY INC 50.40 784498 02/02/2022 PRINTED 020833 QIN, GUANG QUN 21.34
784499 02/02/2022 PRINTED 020838 ROUTE 66 ESCROW, INC 197.32 784500 02/02/2022 PRINTED 020835 SAFAR, ANTOUN 13.28
784501 02/02/2022 PRINTED 020829 SMITH, VIVIAN 70.64
784502 02/02/2022 PRINTED 020832 TN & CH LLC 120.00
784503 02/02/2022 PRINTED 007957 VILLAGOMEZ, ELSA 98.03 784504 02/02/2022 PRINTED 020830 YEPREMIAN, JACK AGOP 43.75 784505 02/02/2022 PRINTED 020337 ZILLOW HOMES PROPERTY TRU 23.84 398 CHECKS CASH ACCOUNT TOTAL 7,238,839.89 .00
Wires Initiated Through Wells Fargo Bank

DATE OF
WIRE ACCOUNT NAME DESCRIPTION AMOUNT WELLS FARGO BANK CONF # 01/24/22 Baldy Mesa Water District SR 2006 Principal and Interest payment on bond $ 182,116.02 FED:0124I1B7031R024776 01/25/22 BNP Paribas New York 5 Yr direct pay LOC $ 130,955.93 CHIPS:0503863/010224/010224 01/28/22 Vantage Transfer Agents - 401 Vantage Transfer Agents - 401 Payment $ 352.64 CHIPS:0573795/014682/014682 02/02/22 Great-West Deferred Comp Pmt-G. DeRose $ 625.00 FED:0202I1B7033R011830 Total: $ 314,049.59
Item Number: 10
City Council / Board of Directors
Consent Calendar
Meeting of: February 15, 2022
Submitted By:

Brenda Hampton, Director of Electric Utility Services

Subject:

Adoption of Resolution No. 22-014 approving the First Amendment to the Power Purchase Agreement between RE Gaskell West 2 LLC and the City of Victorville, City of Corona, and Industry Public Utilities to conform to the current Internal Revenue Service Regulations and authorizing the City Manager to execute the First Amendment and take further associated actions as needed.

Recommendation:

The Honorable City Council Adopt Resolution No. 22-014 to:

1. approve the First Amendment to the Power Purchase Agreement between RE Gaskell West 2 LLC and the City of Victorville, City of Corona and Industry Public Utilities to conform to the current Internal Revenue Service Regulations; and

2. authorize the City Manager to execute said Amendment and take such further actions and execute such further agreements and documents as may be necessary to carry out the transactions contemplated by said Power Purchase Agreement.

Fiscal Impact:

This proposed amendment will have no fiscal impact. On October 19, 2021, the City Council approved a power purchase agreement with RE Gaskell West 2 LLC (the “Gaskell West 2 PPA”) which does not incur a fiscal impact until 2023. The forecasted purchase obligation over the 25-year term is $34,190,000. The forecasted initial annual obligation is $1,562,000. The delivery of the energy and environmental attributes from the Gaskell West 2 PPA will displace the energy and environmental attributes that would have otherwise been procured to meet customer load requirements and regulatory obligations.

Background:

RE Gaskell West 2 LLC will construct a 29 mega-watt (MW) solar photovoltaic generating facility in Kern County. On October 19, 2021, the City Council approved the Gaskell West 2 PPA between the City of Victorville, City of Corona and Industry Public Utilities (Buyers) 2 4
3 3
and RE Gaskell West 2 LLC (Seller). This power purchase agreement will supply 11 MW of renewable power and 8 MW of Battery Energy Storage System (“BESS”) to the Victorville Municipal Utility Services (“VMUS”).

The Gaskell West 2 solar photovoltaic generating facility and AM Wind Repower generating facility (purchase agreement approved by Council in May 2020) are scheduled to be in operation in 2023. Generation from these renewable energy resources are forecasted to meet VMUS’ 2021-2024 Renewable Portfolio Standard Compliance Period requirements as specified in the California Energy Commission Regulations.

The Public Utilities Code and California Independent System Operator tariff requires all load serving entities to own or contract sufficient physical generating capacity and electrical demand response adequate to meet their load requirements. The contracted generating capacity of the Gaskell West 2 and AM Wind Repower PPAs will reduce VMUS’ generating capacity requirements.

Discussion:

Section 5.2 of the Gaskell West 2 PPA states that each Party shall use reasonable efforts to implement the provisions of and administer this Agreement in accordance with the intent of the Parties to minimize all Taxes, so long as no Party is materially adversely affected by such efforts. To receive the investment tax credits associated with the BESS, the Internal Revenue Service (IRS) regulations require that the BESS only receive energy from the Gaskell West 2 photovoltaic generating facilities for at least the first five years and three months. To be consistent with current IRS regulations, the proposed amendment (the “First Amendment”) changes the time-period from five years to five years and three months. The First Amendment also authorizes the Buyers’ Scheduling Coordinator to provide charging and discharging notices for the BESS.

Resolution No. 22-014 (Attachment A to this report) not only seeks approval of the First Amendment, but further requests that the City Council authorize the City Manager to execute the First Amendment and to take any required actions or sign any such additional documents or ancillary agreements as are necessary to further the transactions contemplated by the Gaskell West 2 PPA. However, the City Manager’s authority to so act and sign is circumscribed by the requirements that: (1) such ancillary agreements and documents are within the scope of and contemplated by the express provisions of the Gaskell West 2 PPA or the First Amendment; and (2) any such ancillary agreements or documents are first reviewed and approved by the City’s outside regulatory counsel and the City Attorney.

This delegation of authority is being requested to streamline administration of the Gaskell West 2 PPA, including the execution of any required amendments and the taking of future non-discretionary actions as may be required by the provisions of the Gaskell West 2 PPA and the First Amendment being approved by the attached resolution.

The First Amendment has been reviewed and approved by VMUS staff; the City Attorney; outside regulatory counsel at Braun Blaising Smith Wynne, P.C..; the City’s energy 2 4
3 3
consultant; and the other Buyers. For these reasons, staff recommends that the Honorable City Council adopt Resolution No. 22-014 to approve and authorize execution of the First Amendment by the City Manager, and to further authorize the City Manager to take such additional actions and sign such further agreements as may be necessary to further the transactions contemplated by the Gaskell West 2 PPA, and the First Amendment.

Staff remains available for any questions you may have.

Attachments: A. Resolution No. 22-014
B. First Amendment (Exhibit 1 of Resolution No. 22-014)

ATTACHMENT A
Resolution No. 22-014

1 RESOLUTION NO. 22-014

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

VICTORVILLE, CALIFORNIA, APPROVING THE FIRST AMENDMENT

TO THE RENEWABLE POWER PURCHASE AGREEMENT WITH RE
GASKELL WEST 2 LLC AND AUTHORIZING THE CITY MANAGER TO

TAKE FURTHER ACTIONS AND SIGN SUCH DOCUMENTS AND

ANCILLARY AGREEMENTS AS ARE NEEDED TO CARRY OUT THE

TRANSACTIONS CONTEMPLATED BY THE POWER PURCHASE

AGREEMENT AND THE FIRST AMENDMENT

WHEREAS, the City of Victorville (“City”), a municipal corporation, is authorized under various provisions of the California Constitution and the general laws of California (including, specifically, Article XI, section 9(a) of the California Constitution, Public Utilities Code (“PUC”) section 10004, and Government Code Section 39732(a) to establish, purchase, and operate a public utility to furnish its inhabitants with, among other things, electricity; and

WHEREAS, the City of Victorville operates a municip al electric utility (“ Victorville Municipal Utility Services” or “VMUS”); and

WHEREAS, as a municipal electric utility, VMUS is generally subject to the legislative and regulatory requirements applicable to local publicly owned electric utilities (“POUs”); and

WHEREAS, the California Renewables Portfolio Standard Program (“ RPS”) as codified in, inter alia, PUC Sections 399.11 through 399.31 and California Public Resources Code Sections 25740 through 25751, requires POUs and other load serving entities to procure eligible renewable energy resources (“ ERRs”) so that the amount of electricity generated from ERRs equals or exceeds a specified percentage of the total electricity sold to retail customers in California; and

WHEREAS, in furtherance of the RPS r equirements and to provide its customers with energy from renewable resources at competitive prices, at its meeting on October 19, 2021, the City Council approved and the Mayor subsequently executed, a long -term power purchase agreement between RE Gaskell West 2, LLC. (“ Seller”) and the City , Industry Public Utilities , and the City of Corona as Buyer s (the “ PPA”) under which the City , together with the other Buyers, contracted to purchase electric energy output, coupled with battery energy storage bundled Renewable Energy Credits, and associated local Resource Adequacy value from the Gaskell West solar photovoltaic generating project (the “ Facility”), once said Facility is constructed and operational; and

WHEREAS, in order for the Battery Energy Storage System (“BESS”) to qualify for Investment Tax Credit, the BESS must only be charged from the solar photovoltaic generating facility for a minimum of a specified period. Following execution of the PPA, the Internal Revenue Service regulation was updated to extend the specified period from five (5) years to five (5) years and three (3) months following the commercial operating date , so a first amendment to the PPA (the “First Amendment”) is needed to reflect the modified period and make other conformi ng changes; and
2 WHEREAS, Section 4.5(d) of the First Amendment replaces the term “Recapture Period” with “Grid-Charging Restriction Period”; and

WHEREAS, Section 4.5(b) and 4.5(e) of the First Amendment expands the authority to provide instructions to charge or discharge the BESS from only the Buyer’s Agent to the Buyer’s Agent or Scheduling Coordinator; and

WHEREAS, Section 20.2 of the PPA provides that the PPA may only be amended, modified, or supplemented by an instrument in writing executed by duly authorized representatives of the Seller and each Buyer (including the City); and

WHEREAS, given that the PPA’ s twenty -five-year term and forecasted purchase obligation of $34,190,000 exceeded the authority provided to the City Manager to approve and execute contracts for VMUS energy purchases by Victorville Municipal Code (“VMC”) Section

2.28.310(a), the PPA was approved by the City Council and executed by the Mayor in accordance with VMC Section 2.28.330; and

WHEREAS, although VMC Section 2.28.030 and the doctrine of delegation of authority permit the City Council by resolution to expressly authorize execution of contracts by the City Manager or other City officials following their approval/award by the City Council, and to delegate the authority to take further actions in accordance with standards provided by the City Council, no resolution requesting such authorization and or delegation was included with the original agenda item requesting approval of the PPA; and

WHEREAS, further amendments and agreements related to the PPA may be required, necessitating the prompt execution of additional document s or ancillary agreements, which may be time-sensitive; and

WHEREAS, the City Council wishes to authorize the City Manager to execute the First Amendment and any future amendments and agreements on the behalf of the City, to ensure that future ancillary documents and agreements necessary to administer the PPA, are timely reviewed, approved, and executed by adopting this Resolution.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1. Recitals

That the Recitals set forth above are true and correct, and together with the definitions contained therein are hereby incorporated into and made an operative part of this Resolution.

Section 2. Approval of First Amendment to the PPA

That the revisions listed in the First Amendment to the PPA, attached to this Resolution as Exhibit 1 are hereby approved.

3 Section 3. First Amendment Approved for Execution by the City Manager

That the First Amendment to the PPA, attached to this Resolution as Exhibit 1, is hereby approved for the execution by the City Manager, subject to such non -substantive changes as may be necessary and approved by the City Manager and the City Attorney prior to said execution.

Section 4. Additional City Manager Authorization; Limitations

That the City Manager, or such person as he/she may designate in writing, is authorized to take such further actions as are required to implement the transactions contemplated by the PPA as modified by the First Amendment, including the execution of any additional ancillary agreements or documents that may be required; provided that such ancillary agreements or documents are: (a) within the scope of and contemplated by the express provisions of the amended PPA; and (b) reviewed and approved by the City’s outside regulatory counsel and the City Attorney prior to any such execution.

Section 5. Effective Date

That this Resolution shall take effect immediately upon its adoption.

Section 6. Resolution Certification

That the City Clerk shall certify to the passage and adoption of this Resolution.

ATTACHMENT B
First Amendment
(Exhibit 1 of Resolution No. 22-014)

Exhibit 1
First Amendment

Execution Version
C:\ProgramData\activePDF\Temp\DocConverter\API\Input\$32627f8e499c$9168816900D5421FA7859F07DE3CFB8A.docx

FIRST AMENDMENT TO RENEWABLE POWER PURCHASE AGREEMENT
This First Amendment to Renewable Power Purchase Agreement (this “First Amendment”), effective as of February [__], 2022 (the “Effective Date”), is entered into by and between City of Victorville, a municipal corporation and Charter City organized and existing under the laws of the State of California, Industry Public Utilities, a public agency organized and existing under the laws of the State of California, and City of Corona a municipal corporation organized and existing under the laws of the State of California (“ Buyers”), and RE Gaskell West 2 LLC, a Delaware limited liability company (“Seller”). Each Buyer and Seller are referred to in this First Amendment as a “Party” and, collectively, as the “Parties.” Any terms not defined herein have the meanings given to them in the Renewable Power Purchase Agreement (as defined below).

RECITALS
WHEREAS, Buyers and Seller entered into that certain Renewable Power Purchase Agreement, dated as of October 27, 2021 (as amended, restated, supplemented, or otherwise modified from time to time, the “Renewable Power Purchase Agreement”).

WHEREAS, Buyers and Seller desire to enter into this First Amendment to reflect their agreement to modify certain terms of the Rene wable Power Purchase Agreement as set forth herein.

NOW THEREFORE, in consideration of the mu tual covenants and agreements contained herein, the Parties hereby agree as follows:

1. Amendment. The Renewable Power Purchase Agreement is hereby amended as follows:
a. Definitions.
i. In Section 1.1. of the Renewable Power Purchase Agreement, the following new definition is added in appropriate alphabetical order as follows:
“Grid-Charging Restriction Period ” has the meaning set forth in Section

4.5(d).”
ii. The definition of “Recapture Period” in Section 1.1 of the Renewable Power Purchase Agreement, is deleted in its entirety.
b. Delivery. In Section 4.1(a) of the Rene wable Power Purchase Agreement, the following is added at the end of the final sentence thereof: “and the Operating Procedures.”
c. Charging Energy Management.
i. Section 4.5(b) of the Renewable Power Purchase Agreement is deleted and replaced with the following:
“(b) Buyers, acting th rough Buyer’s Agent or Buyer Scheduling Coordinator, will have the right to charge the Storage Facility seven (7) days DocuSign Envelope ID: 76346BA5-EEA4-45A4-837E-1EB96504D312 2 per week and twenty-four (24) hours per day (including holidays), by causing Buyers’ Agent to provide Charging Notices to Seller electronically, provided that Buyer’s right to issue Charging Notices is subject to the requirements and limitations set forth in this Agreement, including the Operating Restrictions and the provisions of Section 4.5(a). Each Charging Notice issued in accordance with this Agreement will be effective unless and until Buyer’s Agent or Buyer Sc heduling Coordinator, as applicable, modifies such Charging Notice by providing Seller with an updated Charging Notice. Seller shall not be obligated to comply, and shall have no liability for any failure to comply, with a Charging Notice issued by any Person other than Buyer’s Agent or Buyer Scheduling Coordinator.” ii. In Section 4.5(d) of the Renewable Power Purchase Agreement, is deleted and replaced with the following:
“(d) For the first five years and three months following the Commercial Operation Date (the “ Grid-Charging Restriction Period ”), the Storage Facility shall be charged only using PV Energy and Buyers, acting through Buyer’s Agent or Buyer Scheduling Coordinator, shall not issue any Charging Notice requesting or requiring the Storage Facility to be charged from any source other than PV Energy. After the Grid-Charging Restriction Period, at no additional cost to Seller, at Buyers’ unanimous election and upon Notice from Buyers’ Agent to Seller, Seller shall, at Buyers’ sole cost and expense, reconfigure the Facility (including enabling the Storage Facility to be charged from the grid to the extent such capability would not have adverse tax, financial or other consequences for the Facility or any Party); provided that no Party shall be obligated to agree to any changes under this Agreement or to in cur any expense in connection with such changes except under terms mutually acceptable to all Parties and any Lender as set forth in a written agreement.
iii. In Section 4.5(e) of the Renewable Po wer Purchase Agreement, is deleted and replaced with the following:
“(e) Buyers, acting through Buyer’s Agent or Buyer Scheduling Coordinator, will have the right to discharge the Storage Facility seven (7) days per week and twenty-four (24) hours per day (including holidays), by causing Buyers’ Agent to provide Discharging Notices to Seller electronically, and subject to the requi rements and limitations set forth in this Agreement, including the Operating Procedures. Each Discharging Notice issued in accordance with this Agreement will be effective unless and until Buyer’s Agent or Buyer Sc heduling Coordinator, as applicable, modifies such Discharging Notice by providing Seller with an updated Discharging Notice. Seller shall not be obligated to comply, and shall have no liability for any failure to comply, with a Discharging Notice issued by any Person other than Buyer’s Agent or Buyer Scheduling Coordinator.” DocuSign Envelope ID: 76346BA5-EEA4-45A4-837E-1EB96504D312 3 iv. In Section 4.5(f) of the Renewable Power Purchase Agreement, the phrase “or Buyer Scheduling Coordinator” is added immediately after the phrase “Buyer’s Agent”.

2. Representations and Warranties.
a. Seller. Seller hereby reaffirms those re presentations and warranties set forth in Section 13.1 of the Renewable Power Purcha se Agreement as if fully set forth herein, with each use of the term “Agreement” changed to “First Amendment.” b. Buyers. Buyers hereby reaffirm those representations and warranties set forth in Section 13.2 of the Renewable Power Purchase Agreement as if fully set forth herein, with each use of the term “Agreement” changed to “First Amendment.”

3. Miscellaneous.
a. This First Amendment, when executed by the Parties, shall be effective as of the Effective Date.
b. This First Amendment fully and completely expresses the agreement of the Parties with respect to subject matter hereof a nd amendments herein and shall not be modified or amended except by written agreement executed by each of the Parties.

All prior understandings and agreements he retofore had among Buyers and Seller with respect to the subject matter hereof and amendments set forth herein are merged into or superseded by this First Amendment.
c. Except as expressly amended by this First Amendment, the Renewable Power Purchase Agreement is hereby ratified and confirmed and all other terms of the Renewable Power Purchase Agreement not expressly modified herein shall remain in full force and effect, unaltered and unchanged by this First Amendment.

References to the “Agreement” and te rms of similar import included in the Renewable Power Purchase Agreement mean the Renewable Power Purchase Agreement as amended by this First Amendment.
d. This First Amendment and the rights a nd duties of the Partie s hereunder shall be governed by and construed, enforced and performed in accordance with the laws of the state of California, without regard to principles of conflicts of Law. To the extent enforceable at such time, each Party wa ives its respective right to any jury trial with respect to any litigation aris ing under or in connection with this First Amendment. The Parties agree that any suit, action or other legal proceeding by or against any party (or its affiliates or designees) with respect to or arising out of this First Amendment shall be brought in the federal courts of the United States or the courts of the State of California sitting in the County of Los Angeles, California.

DocuSign Envelope ID: 76346BA5-EEA4-45A4-837E-1EB96504D312 4 e. This First Amendment may be executed in one or more counterparts, all of which taken together shall constitute one and the same instrument and each of which shall be deemed an original.
f. This First Amendment may be duly executed and delivered by a Party by execution and facsimile or electronic format (incl uding portable document format (.pdf)) delivery of the signature page of a counterpart to the other Party, and, if delivery is made by facsimile or other electronic format, the executing Party shall promptly deliver, via overnight delivery, a complete original counterpart that it has executed to the other Party, but this First Amendm ent shall be binding on and enforceable against the executing Party whether or not it delivers such original counterpart. g. This First Amendment shall inure to the benefit of and be binding upon the Parties and their respective successors and permitted assigns.
[Signature Page Follows]
DocuSign Envelope ID: 76346BA5-EEA4-45A4-837E-1EB96504D312 Signature Page to
First Amendment to Renewable Power Purchase Agreement – Gaskell West IN WITNESS WHEREOF, the Parties have caused this First Amendment to the Renewable Power Purchase Agreement to be executed by their duly authorized representatives, effective as of the Effective Date.

BUYE
RS:

CITY OF VICTORVILLE, A CALIFORNIA

MUNICIPAL CORPORATION AND

CHARTER CITY
APPROVAL AS TO FORM:

CITY OF VICTORVILLE
By:

Name: Keith C. Metzler
Title: City Manager
ATTEST
By:

Name: Jennifer Thompson
Title: City Clerk
APPROVED AS TO FORM:

By:

Name: Andre de Bortnowsky
Title: City Attorney

CITY OF VICTORVILLE RISK
MANAGEMENT:

By:

Name:

Title:

DocuSign Envelope ID: 76346BA5-EEA4-45A4-837E-1EB96504D312 Lee Brown
Risk Manager
Signature Page to
First Amendment to Renewable Power Purchase Agreement – Gaskell West

INDUSTRY PUBLIC UTILITIES, ALSO

KNOWN AS CITY OF INDUSTRY PUBLIC

UTILITIES COMMISSION, A PUBLIC
AGENCY
By:

Name: Cory C. Moss
Title:

President
ATTEST
By:

Name: Julie Gutierrez-Robles
Title: Commission Secretary
APPROVED AS TO FORM:

By:

Name: James M. Casso
Title:

General Counsel
DocuSign Envelope ID: 76346BA5-EEA4-45A4-837E-1EB96504D312 Signature Page to
First Amendment to Renewable Power Purchase Agreement – Gaskell West

CITY OF CORONA, A CALIFORNIA

MUNICIPAL CORPORATION
APPROVED AS TO FORM:

By:

Name: Dean Derleth
Title: City Attorney
APPROVED AS TO FORM:

By:

Name: Justin Wynne
Title: Braun Blaising Smith Wynne, P.C.

APPROVAL BY CITY OF CORONA

UTILITIES DEPARTMENT
By:

Name: Tom Moody
Title: General Manager
DocuSign Envelope ID: 76346BA5-EEA4-45A4-837E-1EB96504D312 Signature Page to
First Amendment to Renewable Power Purchase Agreement – Gaskell West SELLER:

RE GASKELL WEST 2 LLC
By:

Name:

Title:

DocuSign Envelope ID: 76346BA5-EEA4-45A4-837E-1EB96504D312 Spivey Paup
Vice President
Item Number: 11
City Council / Board of Directors
Consent Calendar
Meeting of: February 15, 2022
Submitted By:

Jennifer Thompson, City Clerk

Subject:

Second Reading of Ordinance No. 2424
Recommendation:

Fiscal Impact:

There is no fiscal impact as a result of this action.

Discussion:

At the Regular City Council meeting held on January 18, 2022, the City Council unanimously voted to introduce Ordinance No. 2424, adopting a Planned Unit Development (PUD) with an Environmental Exemption to allow for the establishment of development standards for a single-family residential development and a Development Plan to establish design standards within Tracts 16887 and 17599 on property generally located at the Southeast corner of Eucalyptus Street and Richmond Avenue.

This ordinance is being presented for adoption and once adopted, will become effective March 17, 2022.

Attachments: A. Ordinance No. 2424

ATTACHMENT A
Ordinance No. 2424

ORDINANCE NO. 2424

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE ,

CALIFORNIA, ADOPTING THE PLANNED UNIT DEVELOPMENT (PUD) PORTION OF CASE NO. PLAN21- 00036; A PLANNED UNIT DEVELOPMENT (PUD) WITH AN ENVIRONMENTAL EXEMPTION TO ALLOW FOR THE

ESTABLISHMENT OF DEVELOPMENT STANDARDS FOR A SINGLE-FAMILY

RESIDENTIAL DEVELOPMENT AND A DEVELOPMENT PLAN TO
ESTABLISH DESIGN STANDARDS WITHIN TRACTS 16887 AND 17599 ON

PROPERTY LOCATED GENERALLY AT THE SOUTHEAST CORNER OF

EUCALYPTUS STREET AND RICHMOND AVENUE

WHEREAS, Pursuant to Article XI, Section 7 of the California Constitution, the City of Victorville (the “City”) is authorized to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and WHEREAS, Pursuant to Title 7, Division 1, Chapter 4, Article 2, Section 65850 of the Government Code of the State of California, the City may adopt by ordinance regulations affecting the use of buildings, structures and land; and WHEREAS, Pursuant to Title 7, Division 1, Chapter 4, Article 2, Section 65850 of the Government Code of the State of California, the City has adopted Title 16, Chapter 3, Article 16, Section 16-3.16.010 of the Victorville Municipal Code, providing for the adoption by ordinance of specific regulations pertaining to buildings, structures and the uses of land designated as planned unit developments; and
WHEREAS, Pursuant to Section 16- 3.16.040 of the Victorville Municipal Code, a property owner has initiated a Planned Unit Development request; and WHEREAS, Pursuant to Title 7, Division 1, Chapter 4, Article 2 of the Government Code of the State of California and Section 16- 3.16.060 of the Victorville Municipal Code, the Victorville Planning Commission held a public hearing on December 8th, 2021, to hear arguments for and against the project and after hearing all testimony offered, and after thoroughly reviewing and considering the project, the Victorville Planning Commission adopted Resolution No. P -21-

050, which recommended to the City Council the adoption of the Planned Unit Development specified in Planning Case No. PLAN21-00036; and
WHEREAS, the City Council finds on their own independent judgment that this project is categorically exempt from the California Environmental Quality Act (CEQA) based upon CEQA Guidelines Section 15061(b)(3), as it can be seen with certainty that there is no possibility that the propos al will have a significant effect on the environment since they do not increase residential densities or land use allowances or expand upon standards in a manner that will cause negative effects on the environment. Further, the site was environmentally assessed as a part of the tentative tract map approvals and the site has been graded, street infrastructure has been installed and is void of vegetation; and
WHEREAS, the City Council finds that the proposed Planned Unit Development is superior to the existing R-1 Single-Family Residential zoning designation; and WHEREAS, the City Council finds that the proposed project will have no adverse effect upon abutting properties due to: development standards included in Title 16 and the Planned Unit Development that ensure this proposal and any future development is in accordance with minimum standards designed to protect the health, safety and welfare of the community; and because the subject proposal expands upon the current development regulations for a single- family residential development for which the proposal will not change and are in accordance with the underlying General Plan; and
WHEREAS, Pursuant to Title 7, Division I, Chapter 4, Article 2 of the Government Code of the State of California and Section 16-3.16.070 of the Victorville Municipal Code, a duly noticed Public Hearing was held by the City Council on the 8 th day of December, 2021 to hear
arguments for and against the project, and after hearing all verbal and written testimony offered, including the Planning Commission’s recommendation and minutes, and after thoroughly reviewing and considering the project, the City Council approved the recommendation of the Planning Commission.

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.

Section 2. 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 3. Effective Date

This Ordinance shall take effect thirty (30) days after its final passage.

Section 4. Certification
The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published according to law.

Section 5. Planned Unit Development
A Planned Unit Development (PUD) (PLAN 21-00036) comprising of 181 single-family residential lots located within Tracts 16887 and 17599 shall be subject to the following development standards:

PLAN21-00036
Planned Unit Development
I. Development Standards.

1. INTENT. The project is intended to provide a residential development that is unique, alternative and superior to those that can be accomplished through the standards of the base districts, yet remain consistent with the goals and objectives of the General Plan

and further those goals and objectives beyond that in the inflexible zone districts. Said development shall not exceed a density of five dwelling units per gross acre.

2. DEVELOPMENT PLAN. An active Development Plan approved by the Planning Commission shall be in effect prior to the construction of any streets, drainage facilities, dwellings, or recreational areas. The Development Plan shall be processed as a Site Plan in accordance with Development Code standards.

3. PERMITTED USES. Said development (s) will not exceed a density of 5 dwelling units per acre including open space in accord with the approved Development Plan. Development will contain:

A Maximum of 181 Single Family Residences Distributed in 2 Villages:

Village 1 – Tract 16887-2 –159 units
Village 2 – Tract 17599 - 22 units

4. ACCESSORY USES. Accessory uses and structures, unless otherwise regulated by this PUD, shall be regulated by any and all single-family residential standards outlined in Title 16 of the Victorville Municipal Code.

5. BUILDING SITE AREA. Every building site shall conform to the following:

A. Single Family Residential lots shall have an approximate building site area of seven thousand (7,2 00) square feet and shall have an approximate lot width of sixty five (65) feet to seventy (70) feet and an approximate lot depth of one hundred (100) feet to one hundred ten (110) feet.

B. Lots on the turn-around portion of a cul -de-sac shall have a minimum width of

23.00 feet at the front property line, a minimum width of 60 feet at the front yard setback, and be pie-shaped.

C. All single-family residential lots shall have a usable area equal to the minimum lot width and depth.

D. All required yard areas shall be free from slopes greater than ten percent, open drainage channels or any other easement which prevents the use of the property for recreational purposes, excluding driveways.

6. DWELLING UNIT AREA. Every dwelling unit constructed within the planned unit development shall contain a minimum of one-thousand four hundred (1,400) square feet of living area.

7. YARDS. The minimum required yards in the PUD District shall be as follows:

A. Front Yard – Twenty feet (20’) to the face of the garage or living space.

Fourteen (14’) feet to the face of porch.

B. Rear Yard - Twenty (20) feet, a minimum of fifteen feet (15’), of the required twenty foot (20’) rear yard setback is required to be useable.

C. Side Yard - Five (5) feet minimum.

D. Side Yard Along a Street - Minimum street side or corner lot setback shall be ten (10) feet from property line.

E. Architectural Features – Eaves, cornices, chimneys, fireplaces, bay windows, pot shelves, window boxes, cantilevered roofs, wing walls, and other architectural features that do not increase the livable volume enclosed by the building may encroach into any required yard a maximum of three (3) feet, providing a minimum three (3) foot setback is maintained from property lines.

8. BUILDING HEIGHT. No building shall exceed a height of twenty-five (25) feet and shall remain single story . No accessory structure shall have a height in excess of fifteen (15) feet.

9. LOT COVERAGE. The coverage of a lot in this PUD shall not exceed forty (40 ) percent of the area of the lot. The building area used in these calculations shall include all roofed buildings at ground level, excluding driveways, underground structures or that part of any structure that extends less than 18 inches above ground level. The area beneath a patio roof used solely as an outdoor living area shall not be included in the coverage if the structure is unenclosed and/or unscreened on less than 45 percent of the total perimeter of such area.

10. SIGNS. The requirements for signs in this PUD shall be as follows:

A. No personal identification sign or name plate for a single-family residence shall exceed two (2) square feet area.

B. Decorative back-lighted wall and/or monument signs are required at the two main entrances of this PUD with actual placement, design and siz e to be approved by the Zoning Administrator.

11. OFF-STREET PARKING. Off-street parking within this PUD Shall be as follows:

A. Two off–street parking spaces are required for each single-family dwelling unit and shall be within a fully enclosed garage. The minimum garage dimensions shall include eighteen (18) feet in width by twenty (20) feet in depth clear space for each dwelling unit.

B. Each required garage shall be served by a driveway from the property line which abuts a road or accessory to such structures. The minimum driveway width to a two-car garage shall be eighteen (18) feet.

C. No parking space for a residential use shall occupy any part of a required front yard or shall occupy any part of a required street side yard of a corner lot.

D. No vehicle may park so that it projects over any property line or any portion of a required sidewalk.

E. All driveways used for access to required off-street parking facilities shall be surfaced with Portland cement with a minimum thickness of four (4) inches.

F. Recreational Vehicles may be stored on any developed single-family residential lot in compliance with Title 16 of the Victorville Municipal Code.

12. FENCES AND WALLS – GENERALLY.

A. Fences and walls, unless otherwise regulated by this PUD, shall be regulated by all single -family residential standards outlined in Title 16 of the Victorville Municipal Code.

B. Decorative Masonry shall be defined as a wall with the decorative split face on the side of the wall visible from the public right of way and may be precision in all other instances. Where only one side of a wall is visible from the public right of way, the decorative masonry may be a split face finish on the side viewable from the public right of way and a precision finish on the interior side.

C. A minimum six (6’) foot tall decorative masonry wall or combination wall shall be constructed behind the lettered landscaped lots along the perimeter streets of each individual village, as approved by the Zoning Administrator.

D. A minimum six (6’) foot tall decorative masonry wall shall be constructed along all street side yards.

E. A minimum six (6 ’) foot tall masonry wall shall be constructed along interior side and rear property lines.

13. ARCHITECTURE. Dwelling units shall conform to the approved Development Plan.

Buildings shall include garage doors, eaves, veneer and shutters to facilitate architectural style.

14. LANDSCAPED LETTERED LOTS. Lettered lots shall be landscaped and maintained in a neat, clean, orderly, and healthful condition, through annexation to a Landscape Maintenance Assessment District (LMAD).

II. Administration of Ordinance.

1. ADDITIONAL REGULATIONS. Additional development standards and use regulations not specifically outlined in this PUD or accompanying Development Plan shall be regulated by Title 16 of the Victorville Municipal Code.

2. ADMINISTRATIVE APPROVALS. The Zoning A dministrator is authorized to render interpretations of this ordinance and to authorize minor changes to the project as approved by this Ordinance and the approved Development Plan and approvals. By way of example, such minor changes may include, but shal l not be limited to; non-substantial elevation changes or movements of building locations that increase the quality of or at a minimum do not reduce the quality of the original approval.

Item Number: 12
City Council / Board of Directors
Consent Calendar
Meeting of: February 15, 2022
Submitted By:

Jennifer Thompson, City Clerk

Subject:

Minutes of the November 30, 2021 and December 8, 2021 Special City Council Meetings, and Minutes of the December 7, 2021 Regular City Council Meeting Recommendation:

Fiscal Impact:

There is no fiscal impact as a result of this action.

Attachments: A. Minutes of November 30, 2021
B. Minutes of December 7, 2021
C. Minutes of December 8, 2021
Attachment A
Minutes of 11-30-21 Special City
Council Meeting

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

Special Meeting Minutes
Tuesday, November 30, 2021
5:00 p.m. Closed Session
6:00 p.m. Special Session

5:00 p.m. Closed Session

Call to Order

Roll Call

Present: Councilmember Becerra, Councilmember Gomez, Mayor Pro Tem Irving, Mayor Jones

Absent: None

Public Comments for Closed Session Items

None

Declaration of Closed Session Item(s) by City Attorney

City Attorney Andre de Bortnowsky announced one (1) closed session item as set forth on the agenda.

CITY COUNCIL

A. Conference With Legal Counsel Regarding Anticipated Litigation Pursuant To Government Code Section 54956.9 based on advice of legal counsel and existing facts and circumstances, a point has been reached in the opinion of the City Council that the City is facing significant exposure to litigation (Government Code Section 54956.9(d)(2)). Pursuant to Government Code Section 54956.9(e)(3), the existing facts and circumstances relate to letters received from Scott J. Rafferty, Esq., between August 12, 2021 and September 27, 2021 alleging violations of the California Voting Rights Act. Such letters are available for review in the City Clerk's office pursuant to Government Code section 54957.5. Number of Potential Cases:

One (1).

Recess to Closed Session

6:00 p.m. Special Session

Call to Order

Roll Call

Present: Councilmember Becerra, Councilmember Gomez, Mayor Pro Tem Irving, Mayor Jones

Absent: None

Also Present:

City Manager Keith C. Metzler, Deputy City Manager Sophie Smith, Deputy City Manager Jenele Davidson, City Clerk
Jennifer Thompson, City Attorney Andre de Bortnowsky

Closed Session Announcements by the City Attorney

City Attorney Andre de Bortnowsky announced one (1) closed session item as set forth on the agenda. There was no reportable action with respect to this item.

Invocation: Presbyter Elfrem Wilson with Destiny Christian Center

Pledge of Allegiance: Police Captain John Wickum

City Clerk Presents Agenda/Revisions to Agenda

Agenda presented with no revisions reported.

Conflict of Interest Declarations

There were no conflicts of interest reported.

Introduction to Public Comments

Mayor Jones provided an opening statement regarding public comments.

Public Comments

The following people spoke:

Gurdeep Singh

Blanca Gomez

Ryan McEachron

PUBLIC HEARING(S)

1. District-Based City Council Elections

Recommendation: a
That Your Honorable City Council:
(1) receive a presentation from Redistricting Partners that will provide draft maps of new potential district boundaries;
(2) open the public hearing;
(3) receive input from the public regarding the composition of potential City Council Election District boundaries; and
(4) close the public hearing.

Questions ensued.

The Chair opened the Public Hearing.

The following people spoke:

Mary Anne State spoke in support.

Reuel Herron spoke in support.

Ramiro Rodriguez spoke in support.

Scott Rafferty spoke in support.

Guest spoke in opposition.

The Chair closed the Public Hearing.

Comments ensued.

Adjournment

Mayor Jones adjourned the meeting at 8:21 p.m.

ATTEST:

_________________________ __________________________ Debra Jones, Mayor Jennifer Thompson, City Clerk

Attachment B
Minutes of 12-07-21 Regular City
Council Meeting

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 Minutes
Tuesday, December 7, 2021
5:00 p.m. Closed Session
6:00 p.m. Regular Session

5:00 p.m. Closed Session

Call to Order

Roll Call

Present: Council Member Becerra, Council Member Gomez, Mayor Pro Tem Irving, Mayor Jones

Absent: None

Introduction to Public Comments

Mayor Jones provided an opening statement regarding public comments.

Public Comments for Closed Session Items

The following people spoke:

Blanca Gomez spoke on Closed Session Item B.

Maggie Martin spoke on Closed Session Item B.

Declaration of Closed Session Item(s) by City Attorney

City Attorney Andre de Bortnowsky announced two (2) closed session items as set forth on the agenda.

CITY COUNCIL

A. Conference With Legal Counsel Regarding Existing Litigation Pursuant To Government Code Section 54956.9(d)(1).

Name of Case: The National Prescription Opiate Litigation, United States District Court For the Northern District of Ohio Eastern Division, Multi-District Litigation No. 2804, Case No. 17-MD-2804.

B. Conference With Legal Counsel Regarding Anticipated Litigation Pursuant To Government Code Section 54956.9
Based on advice of legal counsel and existing facts and circumstances, a point has been reached in the opinion of the City Council that the City is facing significant exposure to litigation (Government Code Section 54956.9(d)(2)). Pursuant to Government Code Section 54956.9(e)(3), the existing facts and circumstances relate to letters received from Scott J. Rafferty, Esq., between August 12, 2021 and September 27, 2021 alleging violations of the California Voting Rights Act. Such letters are available for review in the City Clerk's office pursuant to Government Code section 54957.5. Number of Potential Cases: One (1).

Recess to Closed Session

6:00 p.m. Regular Session

Call to Order

Roll Call

Present: Council Member Becerra, Council Member Gomez, Mayor Pro Tem Irving, Mayor Jones

Absent: None

Also Present:

City Manager Keith C. Metzler, Deputy City Manager Sophie Smith, Deputy City Manager Jenele Davidson, City Clerk
Jennifer Thompson, City Attorney Andre de Bortnowsky

Closed Session Announcements by the City Attorney
City Attorney Andre de Bortnowsky announced two (2) closed session items as set forth on the agenda. There were no reportable actions with respect to these items.

Invocation: Pastor Ian Rapier of Life Church

Pledge of Allegiance: Police Captain John Wickum

Proclamations/Special Presentations

Moment of silence in remembrance of Ammie Hunter and in honor of her service to our community as a trustee with the Adelanto Elementary School District Board; founder of the nonprofit, Another Level for Women; and member of several local nonprofits.

City Clerk Presents Agenda/Revisions to Agenda

City Clerk announced one (1) revision. Item 1, the period of affordability for the proposed action is changed from 10 to 15 years for duration of a 5-year plan.

Conflict of Interest Declarations

There were no conflicts of interest reported.

Introduction to Public Comments

Mayor Jones provided an opening statement regarding public comments.

Public Comments

The following people spoke:

Martial Haprov spoke on general items.

Rafael Porras spoke on general items.

Mary Anne State spoke on general items.

Blanca Gomez spoke on general items.

Alen K spoke on item 14.

Lou Monville spoke on item 14.

Jennifer Chung spoke on item 14.

Johnathan Samsun spoke on item 14.

Scott Rafferty spoke on general items.

Larry Mason spoke on item 14.

Roger LaPlante spoke on general items.

Maggie Martin spoke on general items.

Basel Kimbrew spoke on item 14.

PUBLIC HEARING(S)

1. Consideration of the Permanent Local Housing Allocation (PLHA) grant application, adoption of a five- year PLHA Plan to utilize grant funds for the Wellness Center and an amendment to the annual budget for fiscal year 2021- 2022 to reflect an additional appropriation of PHLA rev enues and expenditures in
the amount of $983,520.

Recommendation:

That the Honorable City Council approve:
(1) Resolution No. 21-110, supporting and authorizing the submission to the State of California Department of Housing and Community Development the Permanent Local Housing Allocation (PLHA) application and adoption of a five- year PLHA Plan, authorizing the City Manager, or his designee, to execute the PLHA Program Application, the Standard Agreement and other documents as deemed necessary to facilitate receipt and use of the PLHA funds; and
(2) Resolution No. 21-
111, authorizing an amendment to the Annual Budget for
Fiscal Year 2021- 2022 to reflect an additional appropriation of revenues and expenditures in the amount of $983,520.

Questions ensued.

Motion was made to approve staff recommendations.

Moved: Council Member Becerra
Seconded: Mayor Pro Tem Irving

Comments ensued.

Motion passed 4-0

Ayes: Council Member Becerra, Council Member Gomez, Mayor Pro Tem Irving, Mayor Jones

CONSENT CALENDAR

2. Securities Substitution for Tract Map No. 15294

Recommendation:

That the Honorable City Council:
(1) Enter into a Subdivision Improvement Agreement (SIA) with D.R. Horton Los Angeles Holding Company, Inc., a California Corporation for Tract Map No. 15294; (2) Accept new securities for the required public improvements; (3) Release the existing Subdivision Agreement wit h Savannah Collection – Victorville, LLC; and
(4) Release the existing Securities from Savannah Collection – Victorville, LLC.

3. Payroll Warrant List

Recommendation:

That the City Council and Board of Directors ratify the Payroll Demand Schedule No. 4C for Payroll Period October 15, 2021 through October 29, 2021, in the amount of $1,567,149.52 covering Check Nos. 32543 through Nos. 32560, including Vendor checks. Please note employee Check No. 32550 has a live Check and an EFT Advice. Also included are Advice Nos. 281999 through 282443, per adopted budget for Fiscal Year 2021 -2022 period covering July 1, 2021 through June 30, 2022.

4. Commercial Demand Schedule No. 10

Recommendation:

That the City Council and Board of Directors ratify Commercial Demand Schedule No. 10 in the amount of $7,914,852.83, covering Electronic Fund Transfers No. 327788 through 327905 and Warrant No. 783527 through 783702 for 11/03/2021 through 11/10/2021 and Wire Transfers dated 11/05/2021 through 11/09/2021, per the adopted budget for Fiscal Year 2021-2022 for the period covering July 1, 2021 through June 30, 2022.

5. Quarterly Investment Report as of September 30, 2021

Recommendation:

That the City Council/Board of Directors receive and file the attached Quarterly Investment Report as of September 30, 2021.

6. VMUS Operating Result Report for FY 2022 - Quarter 1

Recommendation:

That the Honorable City Council review and file this report.

7. Notice of Completion for Runway 17/35 Reconstruction Phase III, Project #CC20- 065

Recommendation:

That the Southern California Logistics Airport Authority Board of Directors:
(1) Approve the Notice of Completion for the Runway 17/35 Reconstruction Phase III Project #CC20-065; and
(2) Authorize the Airport Director to execute the Notice of Completion.

Questions and comments ensued.

Motion was made to approve staff recommendations.

Moved: Mayor Pro Tem Irving
Seconded: Council Member Becerra

Motion passed 4-0

Ayes: Council Member Becerra, Council Member Gomez, Mayor Pro Tem Irving, Mayor Jones

WRITTEN COMMUNICATIONS

8. Local Transportation Fund (LTF) Claim for Fiscal Year 2020 -2021 in the amount of $41,322.00

Recommendation:

That the Honorable City Council authorize by minute action the filing of the LTF Article 8 Claim Form for Fiscal Year 2020- 2021 requesting to receive an apportionment in the amount of $41,322.00.

Questions ensued.

Motion was made to approve staff recommendation.

Moved: Council Member Gomez
Seconded: Mayor Pro Tem Irving

Motion passed 4-0

Ayes: Council Member Becerra, Council Member Gomez, Mayor Pro Tem Irving, Mayor Jones

9. Replacement and upgrade of the Magnesium Hydroxide (Mag Ox) Storage and Delivery System at the Industrial Wastewater Treatment Facility (IWWTF).

Recommendation:

That the Honorable City Council approve Amendment No. 12 to the Agreement between the City of Victorville and Woodard & Curran, Inc., for the replacement and upgrade of the Magnesium Hydroxide Storage and Delivery System at the Industrial Wastewater Treatment Facility, to increase the not to exceed amount by $340,000.

Questions ensued.

Motion was made to approve staff recommendation.

Moved: Council Member Becerra
Seconded: Council Member Gomez

Motion passed 4-0

Ayes: Council Member Becerra, Council Member Gomez, Mayor Pro Tem Irving, Mayor Jones

10. Approval of Vista del Valle Final Tract Maps

Recommendation:

That the Honorable City Council, regarding Tract Map Nos. 17582, 17583, 17584, 17585, 17586, 17587, and 17588:
(1) Approve the Final Tract Maps;
(2) Approve the Subdivision Improvement Agreement between the City and Joshua Tree Fund 589 VIC, LLC; and
(3) Approve the Lien Agreement between the City and Joshua Tree Fund 589 VIC, LLC as security for the public improvements for said tracts.

Questions ensued.

Motion was made to approve staff recommendations.

Moved: Council Member Becerra
Seconded: Council Member Gomez

Motion passed 4-0

Ayes: Council Member Becerra, Council Member Gomez, Mayor Pro Tem Irving, Mayor Jones

11. SCLA Reclaimed Water Reservoir II with One Million Gallon Capacity and Pump Station Project – Design Services

Recommendation:

That the Honorable Victorville Water District Board of Directors (Board) approve the Consultant/Professional Services Provider Agreement with David Evans & Associates, Inc., in an amount not to exceed of $308,480.00 for design services for the SCLA Reclaimed Water Reservoir II with One Million Gallon Capacity and Pump Station Project.

Questions ensued.

Motion was made to approve staff recommendation.

Moved: Council Member Gomez
Seconded: Mayor Pro Tem Irving

Motion passed 4-0

Ayes: Council Member Becerra, Council Member Gomez, Mayor Pro Tem Irving, Mayor Jones

12. Southwest Gas Easements on Airport and City Property on Air Expressway and Turner Road

Recommendation:

Staff recommends that:
(1) The Honorable Southern California Logistics Airport Authority (SCLAA) grant an exclusive utility easement to Southwest Gas Corporation on Assessor Parcel Numbers (APN) 0459 -194-01, 0459- 194-12, 0459- 194-16, and 0459- 211-14 as described in the attached documents.
(2) The Honorable City Council grant an exclusive utility easement to Southwest Gas Corporation on Assessor Parcel Numbers (APN) 0468-261-02 and 0472-171- 34 as described in the attached documents.

Questions ensued.

Motion was made to approve staff recommendations.

Moved: Council Member Gomez
Seconded: Mayor Pro Tem Irving

Motion passed 4-0

Ayes: Council Member Becerra, Council Member Gomez, Mayor Pro Tem Irving, Mayor Jones

13. Award of Construction Agreement to FC and Sons Roofing, Inc. for the Victor Valley Community Services Council Reroof

Recommendation:

That the Honorable City Council award a Construction Agreement to FC and Sons Roofing in the amount of $42,988.00 for Victor Valley Community Services Council Reroof Project, located at 16692 Mojave Drive in the City of Victorville.

Questions ensued.

Motion was made to approve staff recommendation.

Moved: Council Member Gomez
Seconded: Mayor Pro Tem Irving

Motion passed 4-0

Ayes: Council Member Becerra, Council Member Gomez, Mayor Pro Tem Irving, Mayor Jones

14. Discussion of single -family residential wall and fencing standards for new tract developments within the City.

Recommendation:

No action is required.

Questions and comments ensued.

15. Request to accept the Fiscal Year 2021 Local Hazard Mitigation Plan (LHMP)

Recommendation:

That Your Honorable City Council:
(1) Accept the Fiscal Year 2021 Local Hazard Mitigation Plan (LHMP); and (2) Adopt Resolution 21-112 approving the FY2021 Local Hazard Mitigation Plan (LHMP).

Questions ensued.

Motion was made to approve staff recommendations.

Moved: Mayor Pro Tem Irving
Seconded: Council Member Gomez

Comments ensued.

Motion passed 3-1

Ayes: Council Member Gomez, Mayor Pro Tem Irving, Mayor Jones Noes: Council Member Becerra

16. Request to accept the Fiscal Year 2020 Emergency Management Performance Grant (EMPG)

Recommendation:

That Your Honorable City Council:
(1) Accept the EMPG for Fiscal Year 2020 in the amount of $22,048; (2) Adopt Resolution No. 21- 105 approving additional revenue and expenditure appropriations in the Federal Grants fund in the amount of $22,048; (3) Authorize the budget transfer of $22,048 in matching funds for a total not to exceed $44,096; and
(4) Approve the purchase of twenty -
five (25) Very High Frequency (VHF) radios
through Silverado Avionics, Inc.

Questions ensued.

Motion was made to approve staff recommendations.

Moved: Council Member Gomez
Seconded: Mayor Pro Tem Irving

Comments ensued.

Motion passed 4-0

Ayes: Council Member Becerra, Council Member Gomez, Mayor Pro Tem Irving, Mayor Jones

17. Standard Ground Sublease Agreement by and between the Southern California Logistics Airport Authority and StratosFuel, Inc.

Recommendation:

That the Southern California Logistics Airport Authority (“SCLAA”) Board of Directors:
(1) Approve entering into a Standard Ground Sublease Agreement for 7.17 acres of land (“Agreement”), by and between the SCLAA and StratosFuel, Inc. (“StratosFuel”);
(2) Authorize the Airport Director to execute said Agreement; and (3) Adopt Resolution No. SCLAA -21-013 amending the Fiscal Year 2021/2022 budget.

Questions ensued.

Motion was made to approve staff recommendations.

Moved: Council Member Becerra
Seconded: Mayor Pro Tem Irving

Motion passed 4-0

Ayes: Council Member Becerra, Council Member Gomez, Mayor Pro Tem Irving, Mayor Jones

18. Polyfluoroalkyl Substances (“PFAS”) Study Project #ESC22-007

Recommendation:

That the Honorable Southern California Logistics Airport Authority Board of Directors adopt resolution No. SCLAA 21-016 for an additional appropriation in the amount of $220,000, in support of the Per - and Polyfluoroalkyl Substances (“PFAS”) Study Project #ESC22-007 at the Southern California Logistics Airport.

Questions ensued.

Motion was made to approve staff recommendation.

Moved: Council Member Becerra
Seconded: Mayor Pro Tem Irving

Motion passed 4-0

Ayes: Council Member Becerra, Council Member Gomez, Mayor Pro Tem Irving, Mayor Jones

19. Standard Lease Agreement for Buildings 553 and 739 by and between the Southern California Logistics Airport Authority and ComAv Technical Services, LLC.

Recommendation:

That the Southern California Logistics Airport Authority (“SCLAA”) Board of Directors:
(1) Approve entering into a Standard Lease Agreement for Buildings 553 and 739 (“Agreement”), by and between the SCLAA and ComAv Technical Services, LLC, (“ComAv”);
(2) Adopt Resolution No. SCLAA -21-014 amending the Fiscal Year 2021/2022 budget by increasing revenue in Fund 450 by $61,118; and (3) Authorize the Airport Director to execute said Agreement

Questions ensued.

Motion was made to approve staff recommendations.

Moved: Council Member Gomez
Seconded: Mayor Pro Tem Irving

Motion passed 4-0

Ayes: Council Member Becerra, Council Member Gomez, Mayor Pro Tem Irving, Mayor Jones

20. Purchase and Sale Agreement by and between Southern California Logistics Airport Authority and Covington Investments, LLC.

Recommendation:

That Your Honorable Southern California Logistics Airport Authority Board of Directors:
(1) Approve Resolution No. SCLAA 21-
017 declaring subject property exempt
surplus land and authorizing the Purchase and Sale Agreement by and between the Southern California Logi stics Airport Authority and Covington Investments, LLC. (the “Developer”);
(2) Approve Resolution No. SCLAA 21-018 amending the annual budget for fiscal year 2021/2022 to recognize the sale proceeds; and
(3) Authorize the Executive Director and Secretary t o execute transactional documents to effectuate the sale and transfer of subject property thirty -one (31) days after Resolution No. SCLAA 21- 018 has been transmitted to the California Department of Housing and Community Development.

Questions ensued.

Motion was made to approve staff recommendations.

Moved: Council Member Becerra
Seconded: Mayor Pro Tem Irving

Comments ensued.

Motion passed 4-0

Ayes: Council Member Becerra, Council Member Gomez, Mayor Pro Tem Irving, Mayor Jones

21. Innovation Way Roadway Easement Dedication to the City of Victorville

Recommendation:

That Your Honorable Southern California Logistics Airport Authority Board of Directors:
(1) Grant an exclusive roadway easement for Innovation Way to the City of Victorville on Assessor Parcel Numbers (“APN”) 0459-211-14 as described in the attached legal description; and
(2) Authorize the Airport Director to execute all transactional documents.

Motion was made to approve staff recommendations.

Moved: Mayor Pro Tem Irving
Seconded: Council Member Gomez

Motion passed 4-0

Ayes: Council Member Becerra, Council Member Gomez, Mayor Pro Tem Irving, Mayor Jones

22. Employment Development Department Final Update - Councilmember Blanca A.

Gomez

Recommendation:

This item is informational only.

Questions and comments ensued.

23. Appointment of Mayor and Mayor Pro Tem

Recommendation:

That Your Honorable City Council
(1) Direct the City Clerk to open nominations for the office of Mayor, take nominations, announce the outcome of the vote and declare the appointment upon a majority vote of the Council;
(2) The newly appointed Mayor shall preside over the process for the office of Mayor Pro Tem, unless she prefers the City Clerk to facilitate the appointment; and
(3) Open nominations for the office of Mayor Pro Tem, take nominations, and have the City Clerk announce the outcome of the vote and declare the appointment upon a majority vote of the Council.

City Clerk opened the nominations for the office of Mayor.

Mayor Pro Tem Irving nominated Council Member Becerra.

Council Member Becerra did not accept the nomination.

Council Member Gomez nominated Mayor Pro Tem Irving.

Mayor Pro Tem Irving accepted the nomination.

Council Member Becerra nominated Mayor Jones.

Mayor Jones accepted the nomination.

City Clerk closed the nominations for the office of Mayor.

Council Member Gomez and Mayor Pro Tem Irving voted for Mayor Pro Tem Irving.

Council Member Becerra and Mayor Jones voted for Mayor Jones.

Tie vote, motion fails; City Clerk opened the nominations for the office of Mayor.

Council Member Becerra nominated Mayor Jones.

Mayor Jones accepted the nomination.

Council Member Irving nominated Council Member Gomez.

Council Member Gomez accepted the nomination.

City Clerk closed the nominations for the office of Mayor.

Council Member Becerra and Mayor Jones voted for Mayor Jones.

Council Member Gomez and Mayor Pro Tem Irving voted for Council Member Gomez.

Tie vote, motion fails; item will continue to the December 21st Regular City Council meeting.

Chair opened nominations for the office of Mayor Pro Tem.

Council Member Gomez nominated Mayor Pro Tem Irving.

Mayor Pro Tem Irving accepted the nomination.

Mayor Jones nominated Council Member Becerra.

Council Member Becerra accepted the nomination.

Chair closed nominations for the office of Mayor Pro Tem.

Council Member Becerra and Mayor Jones voted for Council Member Becerra.

Council Member Gomez and Mayor Pro Tem Irving voted for Mayor Pro Tem Irving.

Tie vote, motion fails; Chair opened the nominations for the office of Mayor Pro Tem.

Council Member Gomez nominated Mayor Pro Tem Irving.

Mayor Pro Tem Irving accepted the nomination.

Mayor Jones nominated Council Member Becerra.

Council Member Becerra accepted the nomination.

Chair closed nominations for the office of Mayor Pro Tem.

Council Member Becerra and Mayor Jones voted for Council Member Becerra.

Council Member Gomez and Mayor Pro Tem Irving voted for Mayor Pro Tem Irving.

Tie vote, motion fails; item will be continued to the December 21 st Regular City Council meeting.

Chair directed City Manager, Keith C. Metzler, to ensure the item is placed on the December 21st agenda.

24. City Manager Reports

City Manager, Keith Metzler, reported on the success of the free dump day that was held on November 13 th, hosted at University Prep partnered with Burrtec.

There were 421 community vehicles that participated and over 98 tons collected.

The next Livestream Bloodmobile Drive will be held Tuesday, December 21 st from 11am-2pm at City Hall. There is no charge to participate, face coverings are required.

CarMax submitted an application for building permits. Continuing the project that
began around this time last year.

The Amazon facility at the A irport is in the i nspection stage of the construction
process.

25. Discussion and Possible Action Regarding Upcoming Agenda Items

Substitute motion was made to have the C aptain provide an update, a report of where we are with body cams, requested for the first meeting in February.

Moved: Mayor Pro Tem Irving

Seconded: Concil Member Gomez

Motion passes 4-0

Ayes: Council Member Gomez, Concil Member Becerra, Mayor Pro Tem Irving, Mayor Jones

26. Reports from Council Members

Council Member Becerra requested a moment of silence for the 80-year anniversary of Pearl Harbor, in which 2,423 Americans lost their lives.

Council Member Gomez presented her reports, speaking of the courthouse being
open to the public to observe trials . She also reported being very involved with individuals to support family members who have been in court trials.

Mayor Pro Tem Irving thanked the Mayor for signing a letter of recognition for Rowina Green. She w ished a Merry Chr istmas and Happy New Year to the citizens of Victorville and Happy Holidays to all.

Council Member Becerra left the dais at 9:11 p.m.

Mayor Jones reported of her attendance to the parade on Saturday and

Victorville’s Holiday Festival, formally opening the holiday celebrations with the tree lighting celebration.

Council Member Gomez left the dais at 9:13 p.m.

Adjournment

Due to a lack of quorum, Mayor Jones adjourned the meeting at 9:13 p.m.

ATTEST:

_________________________ __________________________ Debra Jones, Mayor Jennifer Thompson, City Clerk

Attachment C
Minutes of 12-08-21 Special City
Council Meeting

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

Special Meeting Minutes
Wednesday, December 8, 2021
7:00 p.m. Special Session

7:00 p.m. Special Session

Call to Order

Roll Call

Present: Councilmember Becerra, Councilmember Gomez, Mayor Pro Tem Irving, Mayor Jones

Absent: None

Also Present:

City Manager Keith C. Metzler, Deputy City Manager Sophie Smith, Deputy City Manager Jenele Davidson, City Attorney Andre de Bortnowsky, Deputy City Clerk Savanna Petty,
Executive Assistant to Deputy City Manager Melissa
Krejckant

Invocation: Pastor George Beardsley of High Desert Church

Pledge of Allegiance: Police Captain John Wickum

City Clerk Presents Agenda/Revisions to Agenda

Deputy City Clerk announced two (2) revisions to the agenda. Point 5 of item 1 included the addition “to the point a final map is selected” to the end of the point, and a 6th point was added to the recommendation stating, “offer direction on the numbering and sequencing of the districts.”

Conflict of Interest Declarations

There were no conflicts of interest reported.

Introduction to Public Comments

Mayor Jones provided an opening statement regarding public comments.

Public Comments

The following people spoke:

Blanca Gomez spoke on item 1.

PUBLIC HEARING(S)

1. District-Based City Council Elections

Recommendation:

That Your Honorable City Council:
(1) Receive a presentation from Redistricting Partners that will provide draft revised maps of proposed district boundaries;
(2) Open the public hearing;
(3) Receive input from the public regarding the composition of potential City Council Election District boundaries;
(4) Close the public hearing; and
(5) Provide direction regarding a final map that will be placed on the calendar for a vote on the completed districting plan; and to the extent a final map is selected, (6) Offer direction on the numbering and sequencing of the districts.

Questions and Comments ensued.

Mayor Jones opened the Public Hearing.

The following people spoke:

Blanca Gomez spoke in opposition.

Yvonne Mashack spoke in opposition.

Mary Anne State spoke in support.

Linda spoke in opposition.

Scott Rafferty spoke in support.

Basil Kimbrew spoke in support.

Ryan McEachron spoke in support.

Bob Harriman spoke in support.

Mayor Jones closed the Public Hearing.

Motion was made to select and approve Public Submission Map 2B.

Moved: Councilmember Becerra
Seconded: Councilmember Gomez

Motion passed 4-0

Ayes: Councilmember Becerra, Councilmember Gomez, Mayor Pro Tem Irving, Mayor Jones

Motion was made to approve the numbering and sequencing of districts as follows:

A = District 2 – 2022 election period

B = District 1 – 2024 election period

C = District 4 – 2022 election period

D = District 3 – 2024 election period

E = District 5 – 2024 election period

Moved: Councilmember Becerra
Seconded: Mayor Jones

Questions and comments ensued.

Motion failed 2-2.

Ayes: Councilmember Becerra, Mayor Jones
Noes: Councilmember Gomez, Mayor Pro Tem Irving

Motion was made to approve the numbering and sequencing of districts as follows:

A = District 2 – 2022 election period

B = District 4 – 2022 election period

C = District 1 – 2024 election period

D = District 3 – 2024 election period

E = District 5 – 2024 election period

Moved: Mayor Jones
Seconded: Councilmember Becerra

Questions and comments ensued.

Motion passed 3-1

Ayes: Councilmember Becerra, Mayor Pro Tem Irving, Mayor Jones Noes: Councilmember Gomez

Adjournment

Mayor Jones adjourned the meeting at 9:14 p.m.

ATTEST:

_________________________ __________________________ Debra Jones, Mayor Jennifer Thompson, City Clerk

Item Number: 13
City Council / Board of Directors
Written Communications
Meeting of: February 15, 2022
Submitted By:

Doug Mathews, Director of Public Works and Water

Subject:

Notification of Intent to Comply With Senate Bill 1383 (SB 1383) Recommendation:

Fiscal Impact:

There is no fiscal impact directly associated with the adoption of this resolution.

Background:

California Senate Bill 1383:

SB 1383 was enacted in 2016 and established methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants (SLCP). To reduce methane emissions from landfills, the bill established goals to:
• Reduce organic waste disposal 50% by 2020 and 75% by 2025 compared to 2014 levels.
• Recover at least 20% of currently disposed surplus food for human consumption by 2025.

The bill required the California Department of Resources Recycling and Recovery (CalRecycle) to adopt regulations to achieve the targeted goals for reducing organic waste disposal in landfills. The regulations were required take effect on January 1, 2022.

CalRecycle went through a multi-year process to develop regulations, soliciting feedback and input from all stakeholders. The rulemaking and regulation process started in 2017, with the final regulations adopted in November 2020, approximately a year later than anticipated.
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The SB 1383 regulations are extensive, with multiple requirements on local jurisdictions, haulers, waste generators, landfill operators, and recycling facility operators. The regulations are also prescriptive, with specific requirements that all jurisdictions must comply with. This is in contrast with prior solid waste laws and regulations that allowed jurisdictions to develop individual plans to meet state goals.

Following is a list of some of the major SB 1383 regulations requirements on jurisdictions:
• Adopt an enforceable ordinance by January 1, 2022 requiring organic waste generators, haulers, and other entities within the jurisdiction to comply with the regulations.
• Implement programs to recover organic materials from all residential and commercial waste generators, including multi-family residential complexes. • Implement a container contamination minimization program to monitor waste, recycle, and organics container contents and reduce contamination.

The program will include route reviews (inspection of containers) and/or waste evaluations as well as follow up notifications to generators with violations.
• Implement outreach and education programs to notify generators about diversion program requirements.
• Implement edible food recovery (rescue) programs to divert surplus edible food to food banks for distribution to residents.
• Notify “Tier One” and “Tier Two” edible food generators (as defined in SB 1383 regulations) about requirements.
• Procure recovered organic waste products such as compost or mulch in quantity and quality that meets or exceeds the target specified by CalRecycle.
• Procure recycled paper products with at least 30% post-consumer recycled content.
• Implement compliance reviews for all commercial and multi-family generators with two or more cubic yards of materials/week (trash, organics, and recycling combined).
• Take enforcement action, including issuing NOVs and assessing penalties no later than January 1, 2024.
• Maintain all implementation records in a central location that can be made available to CalRecycle within ten business days. The implementation records will include but are not limited to information about inspections, enforcement actions, outreach and education, program descriptions, procurement activities, edible food recovery programs, etc.

A more detailed list of SB 1383 requirements is included as Attachment C.

Current City Efforts:

The City, working in cooperation with its franchised hauler, Burrtec/Victorville Disposal, has implemented organic recycling programs for its commercial/industrial customers over the past few years. The City has a commercial food waste route, a green waste route, 2 4
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and a wood waste recovery program. Multi-family complexes are provided with green waste service but are not yet provided with food waste services. An edible food waste recovery program has been developed regionally in cooperation with the Mojave Desert & Mountain Recycling Authority, which has contracted with a local non-profit group to provide this program. The City regularly conducts education and outreach to commercial customers. The City regularly inspects commercial recycling, waste, and organics containers to check for contamination.

Next Steps and New Programs Needed:

Despite the successful implementation of commercial organics programs, the City is not yet fully compliant with all SB 1383 regulations. The City still needs to adopt an enforceable ordinance to ensure full compliance with organics diversion requirements.

The City must also implement a program to recover organics from single-family residential accounts and recover food waste from multi-family locations. Additionally, the City needs to implement a program for contamination monitoring and a develop the “implementation record” to ensure all activities are documented.

To address the SB 1383 regulatory requirements that are pending, the City is taking the following steps:
• An enforceable ordinance based on the State’s “Model Mandatory Organic Waste Disposal Reduction Ordinance” is being drafted and is planned to be brought forward for City Council review and approval in March. • The City’s franchised hauler, Burrtec, researched the feasibility of using screening equipment to recover organics from residential mixed waste loads. In the summer and fall of 2021, four test loads from Victorville were taken to a mixed waste processing facility. Although the test results were initially encouraging and showed that the approach might have been technically feasible, it was determined that there is not sufficient local capacity to implement a mixed waste sorting system. There were also significant regulatory hurdles and permitting issues associated with making compost out of a feedstock derived from a mixed waste processing facility.

Instead, the City will proceed with implementing a separate organics collection route for single-family premises. Utilizing a third barrel for organics is a program that has been successfully implemented in most other communities around the state. The City and Burrtec will work on revisions to the franchise agreement in the coming months to incorporate the new service and negotiate a rate for the additional service. Revisions to the franchise agreement will be brought back to Council for review and approval.
• The City is working with the Mojave Desert & Mountain Recycling Authority to research a software system that can be used to keep the “implementation record” for all SB 1383 activities.

Discussion:

SB 619 - Notification of Intent to Comply:
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Because the SB 1383 regulations were adopted in late 2020, there was only about a year for jurisdictions to get ready to comply with the new regulations effective January 1, 2022.

In addition, the COVID-19 pandemic hit in early 2020, causing significant negative impacts to residents, businesses, and jurisdictions and uncertainty regarding financial impacts. To provide jurisdictions with additional time to become compliant with SB 1383, and avoid possible fines for non-compliance, California Senate Bill 619 (SB 619) was enacted in October 2021.

SB 619 authorizes jurisdictions facing continuing violations during the 2022 calendar year to submit a “notification of intent to comply” to CalRecycle by March 1, 2022. The bill requires CalRecycle to waive administrative civil penalties during 2022 for the violations if the local jurisdiction implements the actions outlined in the notification to remedy the violations. For administrative civil penalties that accrue on and after January 1, 2022, and continue into 2023, the penalties will be waived upon complete compliance with the terms of any corrective action plan required by CalRecycle. It should be noted that the administrative civil penalties in section 18997.3 of the SB 1383 regulations are significant, ranging from $500 up to $10,000 per violation, per day, depending on if the violation is minor, moderate, or major.

The notification of intent to comply must be in writing, adopted by formal resolution of the governing body of the jurisdiction, and must be filed no later than March 1, 2022. The notification must include a description of the continuing violations; a description of the reasons why the jurisdiction is unable to comply; a description of the impacts of the COVID-19 pandemic on compliance; and a description of the proposed actions the jurisdiction will take to remedy the violations.

The NOI (Attachment B) lists the sections of SB 1383 regulations which the City is not yet in compliance with and the proposed actions the City will take to remedy the violations.

Resolution No. 22-013 (Attachment A) formally approves/adopts the NOI and authorizes the City Manager or his designee to submit the NOI to CalRecycle.

Staff recommends that the City Council adopt Resolution No. 22-013, approving the Notification of Intent (NOI) to comply with SB 1383, and authorizing the City Manager or his designee to submit the NOI to the CalRecycle.

Staff remains available for any questions the Council may have.

Attachments: A. Resolution No. 22-013
B. Exhibit 1 to Resolution No. 22-013 - Notification of Intent C. SB 1383 Summary of Jurisdictional Requirements

ATTACHMENT A
RESOLUTION NO. 22-013

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

VICTORVILLE ADOPTING AND AUTHORIZING SUBMITTAL OF A
NOTIFICATION OF INTENT TO COMPLY WITH SENATE BILL 1383

REGULATIONS TO THE DEPARTMENT OF RESOURCES RECYCLING
AND RECOVERY PURSUANT TO SENATE BILL 619
WHEREAS, CalRecycle, in consultation with the California Air Resources Board, has adopted regulatory requirements (Regulations), consistent with the mandate of Senate Bill 1383 (Lara, 2016), that are designed to achieve the organic waste reduction goals established in Section 39730.6 of the Health and Safety Code through a 50 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020 and a 75 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2025; and
WHEREAS, the City of Victorville (City) is a local jurisdiction subject to the Regulations; and
WHEREAS, The City is or expects to face continuing violations of the Regulations commencing during the 2022 calendar year; and WHEREAS, Senate Bill 619 (Laird, 2021), through amendments to Section 42652.5 of the Public Resources Code (Statute), created a mechanism called a Notification of Intent to Comply through which a local jurisdiction may secure administrative civil penalty relief from any continuing violations of the Regulations for the 2022 calendar year and may be eligible for a broader and longer-term regulatory compliance path, including suspended administrative civil penalties, through a corrective action plan; and
WHEREAS, the City is a local jurisdiction authorized by the Statute to submit a Notification of Intent to Comply for CalRecycle approval; and WHEREAS, prior to submittal of the Notification of Intent to Comply to CalRecycle, the governing body of the City (City Council) is required to adopt a resolution affirming the contents and timeline set forth in its Notification of Intent to Comply; and WHEREAS, CalRecycle shall approve a Notification of Intent to Comply that is duly adopted by the City Council by formal written resolution and meets the requirements of the Statute.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1. That the Recitals set forth above are true and correct, and together with the definitions contained therein are hereby incorporated into and made an operative part of this Resolution.

Section 2.That the contents and timeline set forth in the City’s Notification of Intent to Comply attached hereto as Exhibit 1 are hereby adopted and approved.

Section 3.That the City Manager, or his/her designee, is hereby directed and authorized to submit the Notification of Intent to Comply attached hereto as Exhibit 1 to CalRecycle for approval pursuant to the Statute.

Section 4.That by submitting the Notification of Intent to Comply pursuant to and subject to the above referenced requirements, the City represents and certifies that it will implement the proposed actions to remedy the violations according to the proposed schedule as approved by CalRecycle and in accordance with the Statute and Regulations.

Section 5. That this Resolution shall take effect immediately upon its adoption.

Section 6.That the City Clerk shall certify to the passage and adoption of this Resolution.

ATTACHMENT B
Exhibit 1
(to Resolution No. 22-013)
Notification of Intent to Comply
CalRecycle is providing this optional form as a convenience to assist jurisdictions (counties, cities, a county and city, or special districts providing solid waste collection services) for purposes of submitting a notification of intent to comply to CalRecycle [see Public Resources Code (PRC) section 42652.5(c)].

A jurisdiction may submit a notification of intent to comply if it is facing continuing violations of the Short-lived Climate Pollutants: Organic Waste Reductions requirements in Title 14 California Code of Regulations (14 CCR). The written notification of intent to comply, adopted by resolution of the jurisdiction’s governing body, shall be sent to CalRecycle no later than March 1, 2022, to [email protected].

A jurisdiction shall, at minimum, include the following in its notification:

1. A description, with specificity, of the continuing violations.

2. A detailed explanation of the reasons, supported by documentation, why the local jurisdiction is unable to comply.

3. A description of the impacts of the COVID-19 pandemic on compliance.

4. A description of the proposed actions the local jurisdiction will take to remedy the violations within the timelines established in 14 CCR section 18996.2 with a proposed schedule for doing so. The proposed actions shall be tailored to remedy the violations in a timely manner.

Upon approval by CalRecycle of a jurisdiction’s notification and implementation of the intent to comply, a jurisdiction may be eligible for both of the following:

1. Administrative civil penalty relief for the 2022 calendar year pursuant to PRC section 42652.5(d).

2. A corrective action plan pursuant to 14 CCR section 18996.2. a. CalRecycle may address through a corrective action plan any violations disclosed in a jurisdiction’s notification that will take more than 180 days to correct. In this situation, the proposed actions and schedule in the jurisdiction’s approved notification will be in effect until a corrective action plan is issued.

CalRecycle will respond in writing to a jurisdiction within 45 business days of receiving its notification with an approval, disapproval, request for additional information, or timeline for a decision on approval or disapproval. CalRecycle will include details about why a jurisdiction did not meet the requirements for a Notification of Intent to Comply when disapproving the jurisdiction’s notification.

Please clearly print or type responses. Attach additional pages as necessary.

Jurisdiction Name: City of Victorville County:San Bernardino Person Completing the Form:

First Name: Dana Last Name: Armstrong
Title: Environmental Programs Manager
Mailing Address: PO Box 5001
City: Victorville Zip Code: 92393
Email Address: [email protected]
Phone Number: 760-955-5086

1. Select using the check boxes below or write in the continuing violations for each applicable regulatory section. For each selection, please describe the specific violations related to the regulatory section.

Example:
☒ (B) 14 CCR section 18984.1 Three-Container Organic Waste Collection Services i. Not implementing mandatory residential foodwaste collection for all residents. Note:

City already provides mandatory greenwaste collection to all residents ii. Not implementing mandatory commercial organics collection for all businesses under 2 cubic yards. Note: City already provides mandatory commercial organics collection to all businesses 2 cubic yard or more.

Disclaimer: The list of possible continuing violations below is not inclusive of all potential violations of the regulations.

(A) 14 CCR section 18984 Combined Organic Waste Collection Services. This requirement is not included since the requirements are further specified in sections 18984.1-18984.11. (B) 14 CCR section 18984.1 Three-Container Organic Waste Collection Services (C) 14 CCR section 18984.2 Two-Container Organic Waste Collection Services (D) 14 CCR section 18984.3 Unsegregated Single Container Collection Services (E) 14 CCR section 18984.4 Recordkeeping Requirements for Compliance with Organic Waste Collection Services
(F) 14 CCR section 18984.5 Container Contamination Minimization (G) 14 CCR section 18984.6 Recordkeeping Requirements for Container Contamination Minimization
(H) 14 CCR section 18984.7 Container Color Requirements (I) 14 CCR section 18984.8 Container Labeling Requirements (J) 14 CCR section 18984.11 Waivers Granted by a Jurisdiction (K) 14 CCR section 18985.1. Organic Waste Recovery Education and Outreach. (L) 14 CCR section 18985.2. Edible Food Recovery Education and Outreach (M) 14 CCR section 18985.3. Recordkeeping Requirements for a Jurisdiction’s Compliance with Education and Outreach Requirements
(N) 14 CCR section 18988.1. Jurisdiction Approval of Haulers and Self-Haulers (O) 14 CCR section 18988.3. Self-haulers of Organic Waste (P) 14 CCR section 18988.4. Recordkeeping Requirements for Compliance with Jurisdiction Hauler Program
(Q) 14 CCR section 18989.1. CALGreen Building Codes
(R) 14 CCR section 18989.2 Model Water Efficient Landscape Ordinance (S) 14 CCR section 18991.1. Jurisdiction Edible Food Recovery Program (T) 14 CCR section 18991.2. Recordkeeping Requirements for Jurisdiction Edible Food Recovery Program
(U) 14 CCR section 18992.1. Organic Waste Recycling Capacity Planning (V) 14 CCR section 18992.2. Edible Food Recovery Capacity (W) 14 CCR section 18993.1. Recovered Organic Waste Product Procurement Target (X) 14 CCR section 18993.2. Recordkeeping Requirements for Recovered Organic Waste Procurement Target
(Y) 14 CCR section 18993.3. Recycled Content Paper Procurement Requirements (Z) 14 CCR section 18993.4. Recordkeeping Requirements for Recycled Content Paper Procurement
(AA) 14 CCR section 18994.2. Jurisdiction Annual Reporting Note: This requirement is not included since jurisdictions are still expected to report to CalRecycle.
(BB) 14 CCR section 18995.1. Jurisdiction Inspection Requirements Note: Section 18995.1(a)(1) should not be included because a jurisdiction should already be completing this action due to the requirements of PRC Chapter 12.9 (commencing with Section 42649.8)
(CC) 14 CCR section 18995.2. Implementation Record and Recordkeeping Requirements (DD) 14 CCR section 18995.3. Jurisdiction Investigation of Complaints of Alleged Violations Note: This requirement is not included since jurisdictions are still expected to investigate complaints.
(EE) 14 CCR section 18995.4. Enforcement by a Jurisdiction

Use the check box(es) below to write in the continuing violations for any regulatory section(s) not reflected above and describe the specific violations related to the regulatory section.

Example:
☒ (1) (Type regulatory section number) (Type regulatory section title) i. Describe the specific violations related to the regulatory section (1) 14 CCR Section 18984.14 - Recordkeeping Requirements for Waivers and Exemptions (2) 14 CCR Section 18981.2 - Implementation Requirement on Jurisdictions (3) 14 CCR Section 18988.4 - Recordkeeping Requirements for Compliance with Jurisdiction Hauler Program
(4)
(5)

2. A detailed explanation of the reasons why the jurisdiction is unable to comply, supported by documentation, if applicable.

The City of Victorville has diligently and successfully implemented organic waste recycling programs for its commercial, industrial, and multi-family waste generators. Food waste, green waste, and wood waste services are available. Multi-family complexes are provided with green waste service. City staff, in cooperation with hauler staff, have signed up eligible businesses and implemented a strong program of outreach, education, notification, and inspection to bring businesses into compliance with state laws.

In additon, the City supported the development of a new 100 ton per day composting facility which opened in June 2020 adjacent to the Victor Valley MRF. The City signed an agreement with Burrtec to ensure the City secured capacity for its organic materials.

To plan for a container contamination minimization program as required by SB 1383, the City worked with the Mojave Desert & Mountain Recycling Authority to test methods of curbside container monitoring and effective outreach during 2020/2021. The Authority contracted with Recreate Waste Collaboratives in July 2020. The project was delayed due to various COVID- 19 pandemic restrictions and precautionary measures, but eventually completed in November 2021. This project provided information on effective strategies to use when implementing a full- scale container contamination minimization program as required by SB 1383.

To address a program for single-family residential customers, the City has been working with its franchised hauler, Burrtec, to research the most cost effective approach to residential organics collection. In 2021, a pilot program to process mixed residential "black can" waste was undertaken, to determine if organics could be recovered through mechanical processing and screening. In January 2022, after evaluating the pilot program results, it was determined that mixed waste processing was technologically feasible, but could not be implemented due to insufficient local processing capacity, as well as permitting challenges. As a result, the City and its hauler will be moving forward with a 3 container system for residential customers, adding a container for organics to the existing blue can for recycling and black can for other waste.

The City did not enact an enforceable ordinance prior to January 1, 2022 because it was still evaluating residential program alternatives and did not have a clear answer on what was the best residential program to implement. In addition, it was determined that adding new mandatory requirement on businesses during the pandemic seemed ill-timed and unfair as businesses were struggling to stay solvent during the COVID-19 pandemic.

3. A description of the impacts of the COVID-19 pandemic on compliance.

The City of Victorville and its businesses and residents were hit hard by the COVID-19 pandemic. Businesses were shuttered, residents lost jobs, and there was great uncertainty from month to month regarding the future course of the pandemic. Many agencies experienced staff shortages due to infection rates and mandatory quarantines, as well as temporary office closures.

Despite the pandemic, the City continued to promote its previously implemented commercial food waste program and actually implemented a new green waste program for commercial customers during 2021. Working through the Mojave Desert and Mountain Recycling Authority, the City was also able to address the food recovery and rescue requirements of SB 1383, by contracting with a local non-profit food bank.

Nevertheless, the plethora of regulatory restrictions and ancillary effects associated with the COVID-19 pandemic pushed back the time frame for testing and evaluating the residential organics program. As a result of these pandemic related roadblocks, the pilot program to test mixed waste processing for residential generators did not start until mid-2021, with final results available in late 2021.

4. Provide a description of the proposed actions the jurisdiction will take to remedy the violations with a proposed schedule for completing each action. The proposed actions shall be tailored to remedy the violations in a timely manner. See optional format below.

Please see supplemental attachment entitled "City of Victorvile SB 1383 Continuing Violations" for specific details on how the City will remedy each violation, along with a proposed schedule of completion while still facing the COVID-19 pandemic aftermath.

I hereby certify under penalty of perjury that the information provided herein is true and correct to the best of my knowledge.

------------------------------
Signature
Dana Armstrong
------------------------------
Printed Name
Environmental Programs
Manager
------------------------------
Title

----------------------------
Date

14 CCR Section 18981.2 - Implementation Requirement on Jurisdictions (Enforceable Ordinance) Continuing Violation #1: The City has not yet adopted an enforceable ordinance to mandate that organic waste generators and other entities comply with requirements of the chapter.

Action: Proposed Schedule:

Task 1: Draft ordinance to City attorney for review. Start date: January 2022 Explanation:

A preliminary draft of the enforceable ordinance has been completed and submitted to the City attorney for review as of January 2022. The ordinance must go to City Council for a first reading and public hearing, then be presented to the City Council at a subsequent meeting for a second reading and adoption. 14 CCR Section 18984.1 - Three-container Organic Waste Collection Services September 2022
Task 5: Implement organic collection system for residential generators. Anticipated completion date: July 2023 Explanation:

The City of Victorville has already implemented comprehensive organics diversion programs for its commercial, industrial, and multi-family waste generators. Food waste, green waste, and wood waste service is available to all commercial and industrial waste generators. In addition, multi-family generators are provided with green waste service. However an organics program is still needed to recover organics from single-family premises and to recover food waste from multi-family generators. During 2021, the City and its franchised hauler Burrtec researched the feasibility of a mixed waste sorting option for residential customers. Test results indicated that this approach was technically feasible, however, it was determined that there were permitting, capacity, and operational issues that would prevent this approach. Therefore, the City will be proceeding with a 3 can system, that includes a separate container for organics.

Task 4: Conduct new rate study and Proposition 218 process for new rates. Start date: September 2022; anticipated completion date: February 2023

NOTIFICATION OF INTENT TO COMPLY
Task 2: Present ordinance to City Council for first reading and public hearing. Anticipated completion date: 3/15/22 Task 3. Present ordinance to City Council for 2nd reading and adoption. Anticipated completion date: 4/5/22 City of Victorville SB 1383 Continuing Violations
Continuing Violation #2: The City has not yet implemented organic waste collection services for single family generators. Multi-family generators have service for green waste but still need food waste program.

Action: Proposed Schedule:

Task 1: Evaluate residential organic diversion program alternatives for single family and multifamily sectors and determine most feasible and cost-effective approach. Start date: July 2021; anticipated completion date: March 2022 Task 2: Negotiate scope and rates for new services with franchised hauler and update franchise agreement. Start date: March 2022; anticipated completion date: August 2022 Task 3: City Council approval of revised franchise agreement. (portion of Exhibit 1 to Resolution No. 22-013)
1 City of Victorville SB 1383 Continuing Violations
Task 1: Adopt enforceable ordinance, mandating organics diversion. Anticipated completion date: 4/5/22 (See Violation #1 for detailed timeline) Task 2: Develop schedule, procedure, and sample notices. Start date: February 2022; anticipated completion date: March 2022 Explanation:

Once the enforceable ordinance has been adopted, the container contamination minimization program can start for commercial customers. The program will be rolled out to residential customers once the residential organics collection program starts, anticipated to be July 1, 2023.

Explanation:

Once the City has implemented the residential organics program, it can include the required recordkeeping information in the Implementation Record. The City is also working through the Mojave Desert and Mountain Recycling Authority to obtain an online recordkeeping system that will assist in managing all of the required recordkeeping items. In the meantime, the City and franchise hauler are using spreadsheets to keep track of outreach and other items pertaining to SB 1383 compliance. A full and complete recordkeeping system will be in place by 7/1/23 when the City implements organics collection services. 14 CCR Section 18984.5 - Container Contamination Minimization Continuing Violation #4: The City has not yet implemented a comprehensive program to monitor contaminants placed in residential collection containers through route reviews and/or waste evaluations as specified in 14 CCR 18984.5 (b) or (c ). The City does currently have an "as reported" process to address contamination in commercial organics, recycling, and solid waste containers via route reviews/driver reports.

Action: Proposed Schedule:

Task 3: Implement for commercial customers after enforceable ordinance is adopted. Anticipated completion date: June 2022 Task 4: Implement for residential customers. Anticipated completion date: July 2023 (when residential program begins) Task 6: Include organic waste collection services information in Implementation Record. (see Violation #16 for details on Implementation Record) Anticipated completion date: July 2023 Action: Proposed Schedule:

Task 2: Negotiate scope and rates for new services with franchised hauler and update franchise agreement.

Start date: March 2022; anticipated completion date: August 2022 Task 3: City Council approval of revised franchise agreement. September 2022 Task 4: Conduct new rate study and Proposition 218 process for new rates. Start date: September 2022; anticipated completion date: February 2023 Task 5: Implement organic waste collection system for residential generators. Anticipated completion date: July 2023 Task 1: Evaluate residential organic diversion program alternatives for single family and multifamily sectors and determine most feasible and cost-effective approach. Start date: July 2021; anticipated completion date: March 2022 14 CCR Section 18984.4 - Recordkeeping Requirements for Compliance with Organic Waste Collection Services Continuing Violation #3: Since the City has not implemented organic waste collection service for the residential sector as identified in Continuing Violation #2, the City has not yet implemented recordkeeping requirements for organic waste collection services. 2 City of Victorville SB 1383 Continuing Violations
Explanation:

The City's contract with its franchised hauler already requires new residential trash containers to be black and recycle bins to be blue. Full conversion to the required color standards will be completed no later than 1/1/36. Effective February 2022, new residential trash, recycling, and organics containers will have compliant labels hot-stamped onto lids. Commercial dumpsters will be changed to the new color standards starting in February 2022. As bins are repaired or replaced, they will be painted to the new colors. Brown carts are on order for commercial food waste service as of February 2022. Existing green carts will be exchanged for brown.

Explanation:

Task 2: Request hauler to change commercial recycle and food waste bin colors to comply with SB 1383 regulations. February 2022
14 CCR Section 18984.8 - Container Labeling Requirements Continuing Violation #6: Some residential and commercial carts and bins within the City of Victorville do not yet conform to label or color requirements. Containers will be replaced at the end of their useful life but no later than January 1, 2036.

Action: Proposed Schedule:

Task 1: Request hauler to label or change hot stamp for residential containers. February 2022 Recordkeeping information regarding container contamination minimization programs will be included in the Implementation Record once commercial and residential organics programs have been implemented and software system procured. (see Violation #16 for details on software procurement/implementation) 14 CCR Section 18984.6 - Recordkeeping Requirements for Container Contamination Minimization Continuing Violation #5: The City has not yet implemented recordkeeping requirements for the container contamination minimization.

Action: Proposed Schedule:

Task 5: Procure record keeping software/system. Start date: January 2022; anticipated completion date: April 2023 Task 6: Include required records in Implementation Record software system (see Violation #16 regarding software system) Anticipated completion date: July 2023 Task 1: Adopt enforceable ordinance, mandating organics diversion. Anticipated completion date: April 2022 (See Violation #1 for detailed timeline) Task 2: Develop schedule, procedure, and sample notices. Start date: February 2022; anticipated completion date: March 2022 Task 3: Implement container contamination minimization for commercial customers once enforceable ordinance is adopted. Anticipated completion date: June 2022 Task 4: Implement container contamination minimization program for residential customers
Anticipated completion date: July 2023 (when residential program begins) 3 City of Victorville SB 1383 Continuing Violations
Explanation:

The City keeps copies of public education materials distributed to commercial and residential customers. Notes are kept in individual files regarding follow up with commercial customers. However the records are not in one centralized, on-line system. As noted in Violation #16, the City is working with the Mojave Desert and Mountain Recycling Authority to obtain an on-line tracking system where the implementation record can be stored in one place.

Action: Proposed Schedule:
14 CCR Section 18985.3 - Recordkeeping Requirements for a Jurisdiction's Compliance with Education and Outreach Requirements Continuing Violation #9: The City has not yet implemented recordkeeping procedures for organic waste recovery education and outreach that comply with all the requirements of 14 CCR Section 18985.3.

Explanation:

Since 2016, the City has regularly provided organics education and outreach to businesses through mailed notices to all commercial customers, as well as targeted mailings and Notices of Violation to accounts not yet participating in AB 1826 required programs. In addition, City staff follows up with on-site visits and phone calls. Written materials will be translated into Spanish. Additional materials will be developed for residential customers, prior to implementation of the residential program organics program.

Residential organics recycling educational materials will be developed and rolled out prior to residential organics start, July 2023. 14 CCR Section 18985.1 - Organic Waste Recovery Education and Outreach Continuing Violation #8: The City has been providing organic waste recovery outreach and educational materials to commercial and multi-family organic generators since 2016. Materials will need to be translated into Spanish to comply with 18985.1(e). When residential program is implemented, education and outreach materials will be distributed to residential customers.

Action: Proposed Schedule:

Task 1: Translate commercial materials into Spanish. Anticipated completion date: December 2022 Task 2: Create residential organics recycling education materials. Stare date: January 2023 Task 3: Implement residential organics recycling education program, including written, social media, electronic, etc. Start date: April 2023 (three months prior to residential program start) Task 1: Procure software system to enable tracking of waivers/exemptions. Start date: January 2022; anticipated completion date: April 2023 Task 2: Include required records in Implementation Record software system. (see Violation #16 regarding software system) Anticipated completion date: April 2023 Anticipated completion date: April 2023
14 CCR Section 18984.14 - Recordkeeping Requirements for Waivers and Exemptions Continuing Violation #7: The City has not fully implemented all recordkeeping requirements for waivers and exemptions.

Explanation:

The City has been notifying commercial and multifamily premises of the requirements of AB 341, AB 1826, and SB 1383 for since 2015. The City has developed a survey to determine if commercial/multi-family locations are generating organics, how much they are generating, and if they qualify for a waiver or not. Paper copies of the survey forms are kept, and compliance status is currently listed in EXCEL spreadsheets. As noted in Violation #16, the City is currently working with the Mojave Desert Recycling Authority to obtain software for SB 1383 tracking and record keeping. When this software is implemented, Waivers and Exemption documentation will be stored in that system.

Action: Proposed Schedule:

Task 1: Procure software system to enable tracking of waivers/exemptions. Start date: January 2022; anticipated completion date: April 2023 Task 2: Include required records in Implementation Record software system. (see Violation #16 regarding software system)
4 City of Victorville SB 1383 Continuing Violations
Explanation:

Once the City arranges for procurement of its required organic waste product quantities and procures software for the Implementation Record, it will include procurement information in the Implementation Record.

Action: Proposed Schedule:

Task 1: Solicit proposals for procurement of mandated quantities. Start date: February 2022 Task 2: Enter into contract with vendor(s) for supply. Anticipated completion date: July 2022 Action: Proposed Schedule:
14 CCR Section 18993.1 requires the City to procure in 2022 a total of 10,174 tons of organic waste product, equivalent to 5,901 tons of compost; 14,752 cubic yards of compost, or 10,174 tons of mulch. The City currently has a quarterly compost and mulch giveaway for residents, but the quantity procured is less than the amount specified by regulation. The City will solicit proposals from local compost producers for compost procurement, with the material to be either given away to residents or to be marketed by the vendor on behalf of the City to bulk agricultural users. 14 CCR Section 18993.2 - Recordkeeping Requirements for Recovered Organic Waste Procurement Target Continuing Violation #13: The City does not currently have a record keeping process to document procurement of recovered organic wastes.

Task 1: Solicit proposals for procurement of mandated quantities. Start date: February 2022 Task 2: Enter into contract with vendor(s). Start date: April 2022; anticipated completion date: July 2022 Task 3: Include required records in Implementation Record software system. (see Violation #16 regarding software system) Anticipated completion date: April 2023 14 CCR Section 18988.1 - Jurisdiction Approval of Haulers and Self-Haulers Continuing Violation #10: The City has not yet adopted an ordinance requiring haulers to meet the requirements of SB 1383 regulations.

Explanation:

The City is working to procure record-keeping software. Once the ordinance is adopted and software procured, the City will implement the record keeping requirements. 14 CCR Section 18993.1 - Recovered Organic Waste Product Procurement Target Continuing Violation #12: The City does not yet have a contract to procure the quantity of recovered organic waste products mandated by SB 1383 regulations.

Action: Proposed Schedule:
14 CCR Section 18988.4 - Recordkeeping Requirements for Compliance with Jurisdiction Hauler Program Continuing Violation #11: The City has not yet implemented the recordkeeping requirements for the jurisdiction hauler program.

Action: Proposed Schedule:

Task 1: Include required records in Implementation Record software system. (see Violation #16 regarding software system) Anticipated completion date: April 2023 Task 1. Adopt enforceable ordinance, per Violation #1. See timeline for Violation #1 Explanation:

As noted in Violation #1, an enforceable ordinance has been drafted and is being reviewed by the City Attorney and City Departments prior to submission to the City Council. It is anticipated that the ordinance will go the City Council in March 2022 with final adoption in April 2022. This ordinance will include the provisions outlined in 14 CCR 18988.1. 5 City of Victorville SB 1383 Continuing Violations
Continuing Violation #15 The City does yet have an inspection and enforcement program that is designed to ensure overall compliance with the SB 1383 regulations.

Action: Proposed Schedule:

Task 1: Adopt enforceable ordinance Anticipated Completion date: June 2022 (see Violation #1 for detailed timeline on ordinance adoption)
Task 2: Setup record keeping system to keep copies of invoices and other proof of purchase. Start date: February 2022; anticipated completion date: July 2023 Task 2: Develop inspection and enforcement program procedures to ensure compliance with SB 1383 regulations. Start date: January 2022; anticipated completion date: August 2022 Task 4: Implement inspection/enforcement program and inspection record keeping. Anticipated completion date: September 2022 Explanation:

The City has not yet adopted an enforceable ordinance requiring compliance with SB 1383 regulations. The City will develop a program for inspection and enforcement to ensure compliance with SB 1383 regulations. Note that the City has been notifying commercial customers about organics recycling requirements (per AB 1826) since 2016.

City staff currently inspects locations as needed to determine compliance with AB 1826 requirements and in response to contamination reports. The City will also procure software for the Implementation Record.

Task 3: Procure software for Implementation Record. Start date: January 2022; anticipated completion date: July 2023 Explanation:

The City Purchasing Division coordinates purchases of recycled content paper for copiers and envelopes. Individual departments may purchase office supplies such as note pads for their respective departments. The purchasing division will obtain certifications from paper vendors of recycled content and will notify all departments of the requirement to purchase recycled paper and to document purchases by forwarding copies of invoices, etc. Documents will be included in the implementation record. 14 CCR Section 18995.1 Jurisdiction Inspection Requirements 14 CCR Section 18993.4 - Recordkeeping Requirements for Recycled Content Paper Procurement Continuing Violation #14: The City does not currently track recycled content paper procurement by all departments.

Action: Proposed Schedule:

Task 1: Notify Departments of requirement to document recycled paper purchases. Start date: February 2022 6 City of Victorville SB 1383 Continuing Violations
Task 4: Include prescribed recordkeeping requirements in Implementation Record. Anticipated completion date: April 2023 Explanation:

The City is working with the Mojave Desert and Mountain Recycling Authority to identify vendors that can provide a recordkeeping software system to house all of the City's records for SB 1383. This process started in late 2021 and is anticipated to be finished by July 2022. After procurement, the system will need to be set up, and then records can be entered. In the meantime, the City has been keeping track of the records via EXCEL spreadsheets and paper/electronic files.

Task 1: Procure record keeping/tracking software. Start date: January 2022; anticipated completion date: July 2022 Task 2: Setup software. Anticipated completion date: December 2022 Task 3: Begin using system to track compliance status, inspections, etc. Dependent upon Task 1 and 2 14 CCR Section 18995.2 - Implementation Record and Recordkeeping Requirements Continuing Violation #16: The City is not currently maintaining all records in a central Implementation Record.

Action: Proposed Schedule:
7 ATTACHMENT C
This SB 1383 JurisdicƟonal Checklist was
prepared by HF&H Consultants, LLC based on CalRecycle's SB 1383 Short‐Lived Climate Pollutant regulaƟons (“SB 1383”) approved on November 3, 2020. HF&H provides this as a guidance document to highlight key requirements for jurisdicƟon compliance; however, it does not reﬂect all requirements. In this checklist, “jurisdicƟon” means city or county. Requirements that pertain only to counƟes are labeled accordingly. Several items in the checklist may be assigned to a jurisdicƟon’s designee, but it is ulƟmately the responsibility of a jurisdicƟon to comply with SB 1383 pursuant to 14 CCR SecƟon 18981.2.c. Unless otherwise stated, jurisdicƟon compliance with SB 1383 shall occur by January 1, 2022. SB 1383 also includes requirements for generators, haulers, food recovery services, food recovery organizaƟons, and facility operators; however, these are not summarized in this checklist. 1 Northern California Oﬃce
201 N. Civic Drive, Suite 230
Walnut Creek, CA 94596
(707) 246‐4803
info@hĬ‐consultants.com
Southern California Oﬃce
19200 Von Karman Ave, Suite 360
Irvine, CA 92612
(949) 504‐5150
info@hĬ‐consultants.com
 Adopt enforceable ordinance(s) or similar mechanism(s) requiring compliance with various SB 1383 requirements, including but not limited to: 14 CCR 18984.9.a‐e, 18984.9‐11, 18988.1‐3, 18989.1‐3, 18991.5, and 18993.1.a (14 CCR 18981.2.a)  Require organic haulers to idenƟfy their organics faciliƟes as a condiƟon of their contract or other authorizaƟon (14 CCR 18988.1) Ordinances & Policies
Collection & Processing
www.hfh-consul tants.com
 Provide organic waste collecƟon services (including paper and cardboard collecƟon) to all organic waste generators, except self‐haulers, using compliance opƟons listed below (14 CCR 18984)
 Three‐container collecƟon system (14 CCR 18984.1)
 Green container for organics; delivery to organics recovery facility  Blue container for paper, wood, dry lumber, and nonorganic recyclables; delivery to facility for recovery  Gray container for nonorganic waste for disposal; may include organics if taken to high diversion organics processing facility  Two‐container collecƟon systems – select one opƟon below (14 CCR 18984.2)  Green and gray containers: Green for organics; delivery to organics facility; gray for other materials, including organic waste not designated for the green container; delivery to high diversion organic waste processing facility  Blue and gray containers: Blue for paper products, prinƟng and wriƟng paper, wood, and lumber, and texƟles (opƟonal), and nonorganic waste; gray for all other materials, including organic waste not designated for the blue container; delivery to high diversion organics processing facility
 Unsegregated single‐container collecƟon system (14 CCR 18984.3)  Gray container for all materials; delivery to high diversion organics processing facility  Conduct route reviews of randomly selected containers for contaminants with all routes inspected annually, or conduct waste evalua‐ Ɵons twice a year for blue, green, and gray containers (quarterly for gray containers in performance‐based approach) (14 CCR 18984.5)  NoƟfy generators of recycling requirements if contaminaƟon is found (14 CCR 18984.5.b, 18984.5.c)  Provide collecƟon containers to generators that comply with color requirements when replacing containers aŌer January 1, 2022 or by January 1, 2036, whichever comes ﬁrst (Note: Use of containers purchased prior to January 1, 2022 is allowed) (14 CCR 18984.7)  Label all new containers or lids with SB 1383‐compliant labels commencing January 1, 2022 (14 CCR 18984.8)  Allow limited generator waivers for de minimis volumes and physical space constraints; maintain related records (14 CCR 18984.11)  Determine if jurisdicƟon meets CalRecycle criteria for low‐populaƟon, high elevaƟon, or rural waivers; in which case, jurisdicƟon does not need to perform the above tasks in those geographic regions (14 CCR 18984.12)  Implement food recovery program that educates commercial edible food generators and increases access to food recovery programs (14 CCR 18991.1)
 IdenƟfy Tier One and Tier Two commercial edible food generators (14 CCR 18991.1)  Increase edible food recovery capacity if current capacity is insuﬃcient (14 CCR 18991.1)  Prior to February 1, 2022, annually thereaŌer, maintain list of food recovery organizaƟons/services (14 CCR 18985.2.a)  Prior to February 1, 2022, annually thereaŌer, provide Tier One/Tier Two commercial edible food generators with informaƟon on their requirements, food recovery programs, and food recovery organizaƟons/services (14 CCR 18985.2.b) Edible Food Recovery
2 HF&H provides this as a guidance document to highlight key requirements for jurisdicƟon compliance; addiƟonal requirements are applicable. JurisdicƟons are advised to conduct an independent review of SB 1383 regulaƟons to develop a list of requirements unique to their jurisdicƟon, or to contact HF&H Consultants, LLC for an update.

Revised December 2020.

Procurement Requirements
Enforcement & Penalties
 Procure a quanƟty of recovered organic waste, such as compost, mulch, renewable natural gas, or electricity from biomass, that meets or exceeds the annual organic waste product procurement target determined by CalRecycle and where products meet standards speci‐ ﬁed in SB 1383; procurement may be saƟsﬁed by direct service provider(s) to the jurisdicƟon (Note: Rural jurisdicƟons do not need to comply unƟl aŌer December 1, 2026 (14 CCR 18993.1)
 Purchase paper products and prinƟng and wriƟng paper with at least 30% post‐consumer, recycled‐content ﬁbers, that are recyclable; require businesses from whom it purchases these products to cerƟfy its compliance in wriƟng (14 CCR 18993.3) Education & Outreach
 Prior to February 1, 2022 and annually thereaŌer, provide generators using two or three‐container systems with informaƟon on properly separaƟng materials, organic waste prevenƟon, on‐site recycling, methane reducƟon beneﬁts, how to recycle organic waste, approved haulers, self‐haul requirements, and edible food donaƟon (14 CCR 18985.1.a)  Prior to February 1, 2022 and annually thereaŌer, provide generators using single‐container system informaƟon on organic waste pre‐ venƟon, on‐site recycling, methane reducƟon beneﬁts, how to recycle organic waste, a list of approved haulers, self‐haul requirements, edible food recovery donaƟon informaƟon, and informaƟon that waste is processed at a high diversion organic waste processing facility (14 CCR 18985.1.b)
 Provide communicaƟons in non‐English languages spoken by a substanƟal number of the public that are provided organic waste collec‐ Ɵon services, consistent with requirements of Government Code SecƟon 7295 (14 CCR 18985.1.e)  Annually, commencing in 2022, provide Tier One and Tier Two commercial edible food generators with informaƟon on jurisdicƟon's edible food recovery program, generator requirements, and food recovery organizaƟons (14 CCR 18985.2) Record Keeping & Reporting
 By April 1, 2022, ﬁle iniƟal compliance report containing ordinance(s) or other enforceable mechanism(s) adopted and reporƟng items listed in the annual reporƟng secƟon (14 CRR 18994.1)
 By October 1, 2022, and August 1 annually thereaŌer, submit annual SB 1383 compliance report (14 CCR 18994.2)  Maintain all implementaƟon records in a central locaƟon (physical or electronic) that can be made available to or accessed by CalRecy‐ cle within ten business days (14 CCR 18995.2)
 Report (by counƟes only) on capacity planning acƟviƟes conducted in accordance with 14 CCR 18992.1, 18992.2, 18992.3 beginning August 1, 2022, then August 1, 2024, 2029, and 2034 (14 CCR 18992.3, 18994.2.i) Capacity Planning
 CounƟes, in coordinaƟon with jurisdicƟons and regional agencies, are responsible for the following acƟviƟes  Conduct organics waste recycling and edible food recovery capacity planning described below (14 CCR 18992.1, 18992.2, 18992.3)  EsƟmate amount of organic waste disposed, idenƟfy amount of veriﬁable organic waste recycling capacity available to the jurisdic‐ Ɵon, and esƟmate amount of new or expanded capacity required (14 CCR 18992.1)  EsƟmate amount of edible food that will be disposed by Tier One/Tier Two commercial edible food generators; idenƟfy food recov‐ ery capacity available; idenƟfy new or expanded capacity; and calculate minimum capacity needed for edible food recovery from Tier One/Tier Two commercial edible food generators (14 CCR 18992.2.a)  If County determines exisƟng, new, or planned organic waste recycling or edible food recovery capacity is insuﬃcient for one or more jurisdicƟon’s needs, noƟfy jurisdicƟon(s); jurisdicƟons shall submit an implementaƟon schedule (including Ɵmelines and milestones) demonstraƟng how capacity will be secured by the end of the reporƟng period (14 CCR 18992.1, 14 CCR 18992.2.c)  Implement desk‐top compliance monitoring program for mulƟ‐family and commercial organic waste generators with two cubic yards or more of materials per week and inspecƟon program for Tier One/Tier Two edible food generators, and food recovery organizaƟons and services by January 1, 2022 (14 CCR 18985.1.a)
 Provide educaƟonal materials to regulated enƟƟes not in compliance in 2022 and 2023 (14 CCR 18995.1.a)  InvesƟgate and maintain records of all complaints received alleging non‐compliance with SB 1383 (14 CCR 18995.3)  Take enforcement acƟons, including issuing noƟces of violaƟons and assessing penalƟes in amounts consistent with those speciﬁed in SB 1383 by January 1, 2024 (14 CCR 18995.1.a.5, 18997.2)  Pay penalƟes if assessed by CalRecycle (14 CCR 18997.3) Item Number: 14
City Council / Board of Directors
Written Communications
Meeting of: February 15, 2022
Submitted By:

Scott Webb, City Planner

Subject:

Consultant/Professional Services Provider Agreement with Harris & Associates, Inc. for assistance with the preparation of General Plan and Housing Element Annual Progress Reports
Recommendation:

Fiscal Impact:

This State mandated reporting will be funded annually from the Planning Department’s fiscal year budget under the General Fund (Account No. 1004020-52300).

Background:

Government Code Section 65400 and 65700 requires that a General Plan and Housing Element Annual Progress Report (APR) be provided to the local legislative body (City Council), the Governor’s Office of Planning and Research (OPR), and the Department of Housing and Community Development (HCD). APRs have not been a mandated reporting task for Victorville, but recent changes is State law now require all cities, including charter cities, to prepare APRs.

The purpose of the report is to discuss the City’s progress in implementing the General Plan and meeting such measures as the City’s share of regional housing needs. The APR gives both OPR and HCD the opportunity to identify statewide trends in land use decision- making and how local planning and development activities relate to statewide planning goals and policies.

The General Plan APR should provide enough information for decision makers to assess how the General Plan was implemented during the 12-month calendar reporting period. 2 4
2 8
More specifically, the General Plan APR should explain how land use decisions relate to adopted goals, policies, and implementation measures of the General Plan.

The Housing Element APR will document the City’s progress toward approving and permitting new residential development compared to the City’s Regional Housing Needs Allocation (RHNA). In addition, recent State legislation has tied preparation and submission of the Housing Element APR to various incentives and restrictions. For example, a recent Housing Element APR is required to qualify for certain State funding for affordable housing, such as the Permanent Local Housing Allocation and Homekey.

Within the last few years HCD has added a suite of new data reporting requirements for the Annual Housing Element Progress Reports, such as the reporting of housing by income categories, owner/renter, and site inventory reporting.

Discussion:

California Government Code Sections 65400 and 65700 mandate that the City submit an annual report on the status of the General Plan and Housing Element to the OPR and HCD by April 1 of each year. Harris & Associates (“Harris”) is proposing to assist the City of Victorville with the preparation of the APR annually for a maximum of eight years to generally coincide with the eight-year period of the City’s recently adopted Housing Element. Harris has experience successfully preparing and submitting APRs for other cities throughout California and completed Victorville’s APR for calendar year 2020 (Attachment B) under a previous Professional Services Agreement with the City that has since expired. The proposed agreement will require Harris to prepare a consolidated APR report covering the reporting requirements for the General Plan and Housing Element for an initial year term ending May 1, 2022 with a City option to extend the term for seven (7) additional one-year periods, subject to satisfactory performance as determined by the City.

Below is the budget allocation per year for the APRs. The proposal covers an eight-year period where the requirements for the first year, 2022 (reporting on activities during calendar year 2021), are expected to call for less hours since the new Housing Element programs are not established yet and the remaining General Plan updates will not be completed until later in calendar year 2022. The second year and later budgets also account for an added annual workshop with the Planning Commission to discuss findings of the APRs. Each APR year incorporates a 2.5% annual escalator.

Year Budget
2022 $20,900
2023 $32,580
2024 $33,395
2025 $34,229
2026 $35,085
2027 $35,962
2028 $36,861
2029 $37,783
Total $266,795
2 4
2 8
Harris is uniquely qualified to prepare the APR for the City because they are currently working on the City’s General Plan Update and have already completed the Housing Element in compliance with State law. The preparation of an APR is closely related to the General Plan Update, in that Harris would be conducting an audit of the implementation of the City’s current General Plan. Harris also has received and reviewed permit data as part of their work on the City’s Bear Valley Road Redevelopment Bonds Continuing Disclosure. Harris was selected previously by the City for these ongoing projects through the following competitive Request for Proposals (RFP) processes which were conducted in accordance with Victorville Municipal Code Section 2.28.280:
In December 2019, staff completed the RFP for Financial Advisory and Disclosure Services. The Scope of Work included the preparation of various Continuing Disclosure Reports required annually for debt issuances. Additionally, it included fiscal consulting services relative to special financing districts, such as a CRIA, and other financial calculations related to tax increment or debt service. Harris responded to that RFP.
In July 2020, staff initiated the RFP for a qualified planning and environmental consulting firm to conduct the General Plan Update to include tasks such as a land use assessment, public engagement, Housing Element and Land Use Element preparation, and an environmental assessment. Harris has extensive experience in completing General Plan updates and was awarded the contract for the General Plan Update on October 20, 2020.

Currently, the City or its affiliated entities have the following contracts with Harris:

Harris & Associates Contracts
Date Entity Department Scope of Work Contract
Amount
09/01/2020 Housing Successor
Agency
Economic
Development
Housing Technical
Assistance Tasks
1 & 2
$10,000
10/20/2020 City of Victorville Planning General Plan
Update &
Environmental
Assessment
$500,000
03/09/2021 City of Victorville Planning Old Town CRIA
Formation
$90,150
10/21/2021 City of Victorville &
Housing Successor
Agency
Economic
Development
Residual Receipts
& Subsidy
Analysis
$14,000
2/1/2022 Southern California
Logistics Airport Authority
& the Successor Agency
to the Victorville
Redevelopment Agency
City
Manager
Continuing
Disclosure
Reports
$48,000
2 4
2 8
Because the specialized consulting services provided by Harris will meet project needs, staff recommends that the City Council approve the attached Consultant/Professional Services Provider Agreement with Harris & Associates, Inc., and remains available for any questions or comments.

Attachments: A. Consultant/Professional Services Provider Agreement B. 2020 General Plan and Housing Element Progress Report

ATTACHMENT A
Professional Services Provider
Agreement with Harris &
Associates Inc.
1 Consultant/Professional Services Provider Agreement/Harris & Associates, Inc./Project ESC22-089

CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT

BY AND BETWEEN

CITY OF VICTORVILLE
AND
HARRIS & ASSOCIATES, INC.

FOR

PREPARATION OF GENERAL PLAN AND HOUSING ELEMENT ANNUAL
PROGRESS REPORTS, PROJECT ESC22-089
THIS CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT (hereinafter “Agreement”), is made and entered into by and between THE CITY OF VICTORVILLE, a municipal corporation located in the County of San Bernardino, State of California, hereinafter referred to as the “City”, and Harris & Associates, Inc., a California corporation, hereinafter referred to as “Consultant.” City and Consultant are sometimes hereinafter referred to individually as a “Party” and collectively referred to as the “Parties.” RECI
TALS:

WHE
REAS, the City requires Consultant/Professional Services to provide Preparation of General Plan and Housing Element Annual Progress Reports; and WH
EREAS, Consultant represents that it is fully qualified to perform the consulting and/or professional services required for performance under this Agreement by virtue of its experience and the training, education and expertise of its principals and its employees; and WHE
REAS, in light of the facts set forth above, the City desires to retain the services of a qualified Consultant to provide, on an independent contractor basis Preparation of General Plan and Housing Element Annual Progress Reports; and
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 HERETO AGREE AS FOLLOWS:

Section 1. RECITALS
The Rec
itals 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
Cons
ultant shall provide to the City 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 Consultant/Professional Services Provider Agreement/Harris & Associates, Inc./Project ESC22-089 Section 3. COMPENSATION
The City shall pay to Consultant a base y ear sum not to exceed Twenty Thousand Nine Hundred and 00/100 Dollars ($20,900.00) for faithful performance of the services to be rendered under this Agreement, subject to the Proposal provisions of Section 4, below. No expense reimbursements, including, but not limited to, reimbursements for travel, parking, lodging, and/or meals shall be paid to Consultant unless suc h expense reimbursements: (i) are specifically provided for and described by nature and type in Exhibit “A”, below; (ii) appear on Consultant’s monthly invoices to City; (iii) are supported by the appropriate receipts and other such documentation as the City shall require; and (iv) are directly related to the Scope of Services to be performed under this Agreement. In addition, any and all reimbursements shall be made in accordance with any City pol icy governing same.

Section 4. CONSULTANT’S PROPOSAL
The City shal
l pay Consultant as provided in the Consultant’s Proposal, attached hereto as Exhibit “A”, and incorporated as part of this Agreement by this reference. The provisions of Exhibit “A” notwithstanding, in order to receive payments, Consultant shall be required to submit to the City detailed monthly invoices which include, if applicable, a description of all services/tasks performed, the number of hours expended on each service/task, the name of the person performing the service/task, and expense reimbursement information, if any, as required by Section 3, above.

Provided that services have been satisfactorily rendered, invoices shall be paid by the City approximately thirty (30) working days following receipt of Consultant’s invoice.

Section 5. RESERVED
Section 6. TERM OF AGREEMENT
This A
greement shall be for an Initial Term commencing on the date of full execution of the Agreement (the “Commencement Date”) and expiring May 1, 2022 (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.

Thi
s Agreement may be extended for Seven (7) additional one-year periods (hereinafter “Option Periods”), at the option of City, subject to satisfactory performance as determined by the City. City shall give Consultant 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 City decide to exercise its option(s) to extend. In the event City does not give Consultant 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 City fail to give Consultant the sixty (60) days written notice of its intention to exercise any Option Period, the City may, in its sole discretion, elect to exercise any Option Period at a later date, following written inquiry from Consultant.

Section 7. INDEPENDENT CONTRACTOR STATUS
It i
s the express intention of the Parties that Consultant is an independent contractor and not an employee, agent, joint venture, or partner of the City. Nothing in this agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee 3 Consultant/Professional Services Provider Agreement/Harris & Associates, Inc./Project ESC22-089 between the City and Consultant or any employee or agent of Consultant. Both Parties acknowledge that Consultant is not an employee for state or federal tax purposes or any other purpose. Consultant shall retain the right to perform services for others during the term of this agreement.

Section 8. REPRESENTATIONS AND ACKNOWLEDGMENTS REGARDING INDEPENDENT CONTRACTOR’S STATUS OF CONSULTANT
a. C
onsultant represents and acknowledges the following:
(
1) The City is not required to provide any training or legal counsel to Consultant or its employees in order for Consultant to perform the services described in this Agreement. (
2) Performance of the services described in this Agreement does not have to be integrated into the daily business operations of the City. (
3) The services described in this Agreement can be performed without the use of City equipment, materials, tools, or facilities, unless otherwise provided under a separate agreement. (
4) Nothing in this Agreement shall be interpreted to imply that the City must m
aintain any contractual relationship with Consultant on a continuing basis after termination of this Agreement.
(
5) The City will not be requested or demanded to assume any liability for the direct payment of any salary, wage, or other such compensation to any person employed by Consultant to perform the services described in this Agreement.
(
6) Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are employees of the City. b. The Cit
y represents and acknowledges the following:
(
1) Consultant is solely responsible for determining who, under the supervision or direction of Consultant, will perform the services set forth in this Agreement. (
2) The City will not hire, supervise, or pay any employees or assistants worki ng f
or Consultant pursuant to this Agreement. Nothing contained in this Agreement shall prevent the City from hiring Consultant’s employees or assistants after termination of this Agreement. (
3) Nothing in this Agreement shall be interpreted to imply that Consultant must maintain any contractual relationship with the City on a continuing basis after termination of this Agreement.
(4) It is the sole responsibility of Consultant to set the hours in which Consultant performs or plans to perform the services set forth in this Agreement. (
5) Consultant is not required to devote full time to the business operations of the City in order to perform the services set forth in this Agreement. (
6) Unless deemed necessary under certain circumstances, Consultant is not required to perform the services set forth in this Agreement at City Hall or on City-owned property. 4 Consultant/Professional Services Provider Agreement/Harris & Associates, Inc./Project ESC22-089

(7) Other than attendance at required public meetings and public hearings, and complying with the provisions of the Proposal set forth in Exhibit A and any procedural requirements set forth by law, Consultant is not required to perform the services set forth in this Agreement in any particular order or sequence.

(8) Nothing in this Agreement shall be interpreted to preclude Consultant from working for other persons or firms, provided that such work does not create a conflict of interest.

Section 9. NOT AGENT OF THE CITY

a. Nothing contained in this Agreement shall be deemed, construed, or represented by the City or Consultant or by any third person to create the relationship of principal and agent.

b. Consultant shall have no authority, express or implied, to act on behalf of the City in any capacity whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind the City to any obligation whatsoever.

Section 10. LICENSES AND PERMITS

Consultant represents that it has obtained and will maintain at all times during the Initial Term (and during the Option Period, if applicable) of this Agreement all business licenses, including but not limited to a City of Victorville business license, professional licenses or certifications, or permits necessary for performing the services described in this Agreement.

Section 11. STANDARD OF PERFORMANCE

a. Consultant agrees to perform all services required by this Agreement in a professional and competent manner, in accordance with the degree of skill and diligence which is normally employed by reputable professionals performing similar services under similar conditions in the same or similar locality. Such services shall also be performed in a manner which is reasonably satisfactory to Scott Webb, City Planner, or his designee.

b. By executing this Agreement, Consultant acknowledges and agrees:

(1) Has thoroughly investigated and considered the services and work to be performed;
(2) Has investigated the issues regarding the scope of services to be provided;

(3) Has carefully considered how the services and related work should be performed; and

(4) Fully understands the facilities, difficulties and restrictions associated with performance of the services required by this Agreement.

Section 12. FAMILIARITY WITH WORK

Should Consultant discover any latent or unknown conditions materially differing from those inherent in the services or as represented by the City, Consultant shall immediately inform the City of such fact and shall not provide any services, except at Consultant's risk, until written instructions are received from Scott Webb, City Planner, or his designee.

5 Consultant/Professional Services Provider Agreement/Harris & Associates, Inc./Project ESC22-089

Section 13. CONFLICTS OF INTEREST

Consultant 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 performance of Consultant’s services under this Agreement. Consultant further covenants that in the perfo rmance of services under this Agreement, no officer, employee or agent of Consultant having such interest shall be employed by it.

In the event the City determines that Consultant must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Consultant shall file such Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the City Clerk. Acquisition or maintenance of a conflicting interest by Consultant may result in termination of this Agreement by the City.

Section 14. COMPLIANCE WITH LAWS

Consultant 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 Consultant or its employees, officers, or board members.

Section 15. COMMERCIAL GENERAL AND AUTOMOBILE LIABILITY

INSURANCE

a. Consultant shall procure and maintain at its own expense, during the Initial Term of this Agreement (and during the Option Period, if applicable), 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 Consultant or its officers, employees, servants, volunteers, and agents and independent contractors.

b. Consultant shall further procure and maintain, at its own expense, during the Initial Term of this Agreement , (and during the Option Period, if applicable), 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 Consultant or its officers, employees, servants, volunteers, agents and independent contractors in performing the services required by this Agreement.

Section 16. WORKERS' COMPENSATION INSURANCE

a. Consultant shall procure and maintain at its own expense, during the Initial Term of this Agreement (and during the Option Period, if applicable), Workers' Compensation Insurance, providing coverage as required by the California State Workers' Compensation Law.

b. If any class of employees employed by the Consultant pursuant to this Agreement is not protected by the California State Workers' Compensation Law, Consultant shall provide adequate insurance for the protection of such employees to the satisfaction of the City.

Section 17. PROFESSIONAL LIABILITY INSURANCE

Professional Liability Insurance or Errors and Omissions insurance as appropriate to Consultant’s profession shall be required and written on a policy form specifically designed to provide coverage for and protect against the negligent acts, errors and omi ssions of the Consultant in the 6 Consultant/Professional Services Provider Agreement/Harris & Associates, Inc./Project ESC22-089

performance of the services required by this Agreement. A minimum limit of $1,000,000 per claim and in the aggregate must be provided.

Section 18. ADDITIONAL INSURED

Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, all insurance policies, except for the Workers' Compensation and Professional Liability , shall be endorsed to name the City and i ts officers, employees, servants, volunteers, agents and independent contractors, including, without limitation, the City Attorney, as Additional Insureds.

Section 19. WAIVER OF SUBROGATION RIGHTS

Consultant shall require the carriers of all required i nsurance policies , with exception to Professional Liability, to waive all rights of subrogation against the City and its officers, employees, servants, volunteers, agents, and independent contractors and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver.

Section 20. PROOF OF INSURANCE COVERAGE; REQUIRED

ENDORSEMENTS

a. Consultant 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 City Clerk 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 City 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 cancelled or expire without first providing thirty (30) days written notice to the City of such cancellation.

d. Each policy and certificate of insurance will be maintained throughout the Initial Term (and during the Option Period, if applicable), of this Agreement.

e. The Commercial General Liability and V ehicle Liability policies shall be endorsed to contain the following provision: “For any claims related to this Agreement, Consultant’s coverage shall be primary with respect to the City . Any insurance maintained by the City shall be in excess of Consultant’s insurance and shall not contribute with it.”

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 thirty (30) days advance written notice of such termination or suspension. In the event of such termination, the City 7 Consultant/Professional Services Provider Agreement/Harris & Associates, Inc./Project ESC22-089

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 ten (10) days advance written notice of such termination or suspension. In the event of such termination, the City 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. Except as set forth in Subsection b of this Section 23, and to the fullest extent permitted by law, Consultant shall immediately defend, indemnify, and hold harmless the City and, its officers, employees, representatives, and agents (the “ City Indemnitees”), from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and reasonable attorneys’ fees, for any personal injuries, deaths, or property damage, including property owned by the City (collectively “Claims”) which may arise out of Consultant's negligence or willful misconduct in the performance of the services described in this Agreement, unless such Claims are proven to be caused by the negligence or willful misconduct of the City Indemnitees.

b. The provisions of this Subsection b. apply only in the event that Consultant is a design professional within the meaning of California Civil Code section 2782.8 (“Design Professional”). The term Design Professional, as defined in said section, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code.

(1) Notwithstanding the provisions of Subsection a . above, to the extent that the services to be provided under this Agreement are those of a Design Professional, Consultant's duty to indemnify, hold harmless, and defend the City Indemnitees shall be limited to the extent that any Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, its officers, agents, employees or subconsultants in the performance of the services described in this Agreement.

(2) In no event shall the costs of defense charged to Consultant exceed the Consultant’s proportionate percentage of fault, except as otherwise set forth in said Civil Code section 2782.8, the provisions of which are incorporated into this Agreement by this reference. Nothing in this Subsection b. shall be construed to require Consultant to provide indemnification for Claims caused by the active negligence or willful misconduct of the City Indemnitees.

c. The City does not and shall not waive any rights that it may have against Consultant under this Section, because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions of this Section 23 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.

8 Consultant/Professional Services Provider Agreement/Harris & Associates, Inc./Project ESC22-089

d. The obligation to indemnify and defend, as set forth in this Section 23, is binding on the successors, assigns, or he irs of Consultant and shall survive the expiration or any early termination of this Agreement.

Section 24. REPORTS

Upon request by Scott Webb, City Planner, or his designee, or as otherwise required by this Agreement, including but not limited to, the Scope of Services set forth in Exhibit “A”, Consultant shall prepare and submit reports to the City concerning Consultant's performance of the services required by this Agreement.

Section 25. RECORDS

a. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable Scott Webb, City Planner , 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. Scott Webb, City Planner , 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 t o Consultant hereunder shall be retained by Consultant and made available to Scott Webb, City Planner, 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; OWNERSHIP OF WORK

a. Any and all documents and information obtained from the City or pr epared by Consultant for the City shall be kept strictly confidential unless otherwise provided by applicable law.

All City data, documents and information shall be returned to the City upon termination of the Agreement.

b. Any drawings, specifications, reports, records, documents, or other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of Scott Webb, City Planner , or his designee, or as required by applicable law.

c. Consultant shall not disclose to any other entity or person any information regarding the activities of the City , except with the prior written approval of Scott Webb, City Planner , or his designe, or as required by applicable law.

d. All original documents, reports, designs, computer files and all other materials prepared by Consultant in the course of performing the services pursuant to this Agreement, whether completed or in progress, are the property of the City and shall be surrendered to the City upon the completion of Consultant’s services or when requested by Scott Webb, City Planner , or his 9 Consultant/Professional Services Provider Agreement/Harris & Associates, Inc./Project ESC22-089

designee. Such materials may be used, reused or otherwise disposed of by the City without the permission of Consultant. Any modifications made by the City or any agents of the City, to any of the Consultant’s documents or any partial use or reuse of the documents without the express written consent of the Consultant will be a the City’s sole risk and without liability to the Consultant.

e. Consultant’s covenants under this Section 27 shall survive the termination of this Agreement.

Section 28. PRINCIPAL REPRESENTATIVES

a. Hitta Mosesman, Senior Director, Community Economics & Housing Solutions, is designated as the principal representative of Consultant for purposes of communicating with the City on any matter associated with the performance of the services set forth in this Agreement.

b. Scott Webb, City Planner , or his des ignee, shall be the principal representative of the City for purposes of communicating with Consultant 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.

Section 29. MODIFICATIONS AND AMENDMENTS; EXTRA SERVICES

a. This Agreement may be modified or amended only by a written instrument signed by both Parties.

b. During the I nitial Term, the City may request that the Consultant perform Extra Services. As used herein, "Extra Services" means any services, which are determined by the City to be necessary for the proper completion of the revision of the Interim Groundwater Remediation Work Plan but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. A written instrument signed by both Parties shall be required to authorize performance of and payment for Extra Services.

Section 30. ENTIRE AGREEMENT

a. This Agreement supersedes any and all prior or contemporaneous agreements, either oral or written, between the City and Consultant 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 10 Consultant/Professional Services Provider Agreement/Harris & Associates, Inc./Project ESC22-089

uncertainty or ambiguity existing herein shall not be interpreted agains t 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 “A” is attached hereto for reference purposes and to the extent there are any ambiguities, inconsistencies or conflicts between the terms of this Consultant/Professional Services Standard Provider Agreement and Exhibit “A” the terms of this Consultant/Professional Services Standard Provider Agreement shall control and nothing set forth in Exhibit “A” shall be deemed to supersede any of the provisions of this Consultant/Professional Services Standard Provider 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:

To the City: Scott Webb, City Planner
Planning Department
City of Victorville
14343 Civic Drive
Victorville, CA 92392

To Consultant: Hitta Mosesman, Senior Director, Community Economics and Housing Solutions
Harris & Associates, Inc.
22 Executive Park, Suite 200
Irvine, CA 92614

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 CITY OFFICERS AND

EMPLOYEES

No officer or employee of the City shall be personally liable to Consultant , or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to Consultant 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.

11 Consultant/Professional Services Provider Agreement/Harris & Associates, Inc./Project ESC22-089 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
Thi
s Agreement shall not be assigned by either Party without prior written consent of the other Party.

Section 37. CARE OF WORK
The
performance of services by Consultant or the payment of money by the City shall not relieve Consultant from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to the City, when such incomplete, inaccurate or defective work is due to the negligence of Consultant.

Section 38. CAPTIONS AND HEADINGS
The c
aptions 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
E
xcept 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
I
n 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
I
f 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. 12 Consultant/Professional Services Provider Agreement/Harris & Associates, Inc./Project ESC22-089

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 Agreem ent 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 other 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, 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 w aiver 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 exclusive 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.

13 Consultant/Professional Services Provider Agreement/Harris & Associates, Inc./Project ESC22-089 Section 47. EFFECTIVENESS OF AGREEMENT
Thi
s Agreement shall not be binding upon the City , until signed by the authorized representative(s) of Consultant, approved by the City’s Risk Manager, and executed by the authorized City personnel or Mayor.

S ection 48. REPRESENTATIONS OF PARTIES AND PERSONS EXECUTING

AGREEMENT
a. E
ach of the Parties to this Agreement hereby represents that all necessary and appr
opriate 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
Thi
s 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 Consultant/Professional Services Provider Agreement/Harris & Associates, Inc./Project ESC22-089 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the dates written below.

C
ITY OF VICTORVILLE HARRIS & ASSOCIATES, INC.

B
y:______________________________ By:__________________________ Debra Jones, Hitta Mosesman,
Mayor Senior Director, Community
Economics & Housing
Solutions
D
ated: ___________________________ Dated: _______________________ A
TTEST
B
y:_______________________________
Jennifer Thompson,
City Clerk
D
ated: ___________________________
C

ITY OF VICTORVILLE APPROVED AS TO STANDARD
FORM:

By
: _______________________________ By: ___________________________ Lee Brown, Andre de Bortnowsky,
Risk Manager City Attorney
D
ated:______________________________ Dated:_________________________ 15 Consultant/Professional Services Provider Agreement/Harris & Associates, Inc./Project ESC22-089

EXHIBIT A

SCOPE OF SERVICES/
CONSULTANT’S PROPOSAL

22 Executive Park, Suite 200, Irvine, CA 92714  (949) 655‐3900  WeAreHarris.com February 2, 2022

Scott Webb, City Planner
City of Victorville
14343 Civic Drive
Victorville, CA 92392
PROPOSAL: ANNUAL PREPARATION OF GENERAL PLAN AND HOUSING ELEMENT ANNUAL PROGRESS REPORTS Dear Mr. Webb,
Harris & Associates (“Harris”) proposes to assist the City of Victorville (“City”) with the preparation of a General Plan and Housing Element Annual Progress Reports (“APR”). Government Code Sections 65400 and 65700 mandates that the City submit an annual report on the status of the General Plan and progress in its implementation to the City Co uncil, Governor’s Office of Planning and Research (“OPR”) and Housing and Community Development (“HCD”) by April 1 of each year. As identified within the latest guidance issued by OPR (https://opr.ca.gov/docs/20220120‐APR_Memo_2022.pdf is the latest as of this proposal), the APR must be presented to the local legislative body for its review and acceptance, usually as a consent or discussion item on a regular meeting agenda. The General Plan APR should provide enough information for decision makers to assess how the General Plan was implemented during the 12‐month reporting period, either calend ar year or fiscal year. More specifically, the General Plan APR should explain how land use decisions relate to adopted goals, policies, and implementation measures of the General Plan.

The Housing Element APR will document the City’s progress toward approving and permitting new residential development compared to the City’s Regional Housing Needs Assessment allocation for the 6th cycle Housing Element. In addition, recent State legislation has tied preparation and submission of the Housing Element APR to various incentives and restrictions. For example, a recent Housing Element APR is required to qualify for certain State funding for affordable housing, such as the Permanent Local Housing Allocation. As another example, not having a re cent Housing Element APR is one of the factors that could restrict a City from applying discretionary review to proposed residential development, under certain circumstances.

Harris is uniquely qualified to prepare the APR for the City because we are currently working on the General Plan Update and related enviro
nmental documentation, and because we have received and reviewed permit data as part of our work on the City’s Bear Valley Road Redevelopment Bonds Continuing Disclosure. As there is no standardized form or format for the preparation of a General Plan APR, Harris will prepare a consolidated APR report covering the reporting requirements for the General Plan and Housing Elem
ent in a single document. Following are detailed descriptions of the tasks Harris will complete on behalf of the City.

This proposal assumes that these services will be provided for a term of eight (8) years, or for the duration of the 6th cycle Housing Element planning period.

SCOPE OF WORK
It is important to note that the Scope of Work presented in this proposal assumes the legal requirements that exist as of the date of this proposal. The Scope of Work will include any changes to State law and APR reporting requirements, provided they can be accommodated within the proposed budget or the City agrees to a budget amendmen t, if necessary. In the event of legal changes, Harris will contact the City to describe those changes and provide a revised Budget.

EXHIBIT A, SCOPE OF SERVICES/CONSULTANT'S PROPOSAL, PROJECT ESC22-089 16/Consultant/Professional Services Provider Agreement/Harris & Associates, inc./Project ESC22-089 Harris & Associates, Inc.  General Plan and Housing Element Annual Progress Reports 2 of 7 Task 1: General Plan Annual Progress Report (All Elements Except Housing Element) Harris will prepare the General Plan APR per the guidance provided by OPR mentioned above. Note that reporting on planning activities related to the General Plan is required even when a city is undertaking a General Plan comprehensive update, like the current effort underway for the City.

Harris will initiate the General Plan APR with a kick‐off meeting with City s taff to obtain sources of data, input on General Plan policies and other relevant information such as annual reports, performance reports, budget reports, or state of the city reports. OPR encourages inclusion of these types of reports in the APR to address implementation of the General Plan.

The
following are suggested contents for the APR. Per OPR guidance, the City is not required to incorporate all of the elements suggested below into the APR. Each jurisdiction is responsible for determining what locally relevant issues are important to include in the General Plan APR. The level of detail provided in th e General Plan APR will be based on the availability of data in a timely manner within the limits of Harris’ budget and the State’s schedule for submission.

General Contents (to be refined once data is available)

1. Introduction

2. Table of Contents

3. Date of presentation/accepta
nce by City Council (agenda item or resolution, if available)

4. Measures associated with the implementation of the general plan with specific reference to individual elements

5. Degree to which the General Plan complies with OPR’s General Plan Guidelines, including environmental justice considerations, collaborative planning with the military lands and facilities, and consultation with Na tive American tribes

6. Date of the last update to the General Plan

7. Priorities for land use decision making that have been established by the local legislative body (e.g., passage of moratoria or emergency ordinances)

8. Goals, policies, objectives, standards or other plan proposals that need to be added or were deleted, amended, or otherwise adjusted

9. One or more lists of the following, including reference to the specific general plan element or policy, status (i.e., approved/denied, initiated/ongoing/completed, etc.), and brief comment on how each advanced the implementation of the General Plan during the past year:
a) Planning ac
tivities initiated – These may include, but are not limited to, master plans, specific plans, master environmental assessments, annexation studies, and other studies or plans b) General Plan amendments – These may include agency‐driven as well as applicant‐driven amendments c) Major development applications processed
d) Development Code Updates – An annual list of Development Co de Updates to Title 16, to include a brief
summary and how/if the Updates affect and are consistent with the General Plan and further the General Plan (i.e., goals, policies, etc.)

10. Additional content per OPR guidance (as available)
Harris staff will also coordinate with OPR and comp lete any required edits to the APR.

Starting in Year 2, Harris will provide a short presentation to the Planning Commission listing findings and will obtain feedback from the Planning Commission.

Deliverables (Electronic)
• General Plan APR Outline
• Short Planning Commission Presentation
EXHIBIT A, SCOPE OF SERVICES/CONSULTANT'S PROPOSAL, PROJECT ESC22-089 17/Consultant/Professional Services Provider Agreement/Harris & Associates, inc./Project ESC22-089

Harris & Associates, Inc.  General Plan and Housing Element Annual Progress Reports 3 of 7 • Draft General Plan APR
• Final General Plan APR
Meetings
• Kick‐off meeting (Virtual)
• Planning Commission (Virtual)
Task 2: Housing Element Annual Progress Report
Harris will prepare the Housing Element APR as outlined below.

Task 2A – Data Request
Harris staff will request the following required information for the Housing Element APR from Staff, in Excel format wherever possible. Staff will assist Harris in gathering data, especially data that the City tracks. Harris will gather data— especially data that Staff does not track or does not have access to without undue research—to the extent th at it can be gathered. If data is not available, Harris will identify and use—with Staff’s advice and consent—the most appropriate substitute or indicate that data is not available.

1. TABLE A ‐ Housing Applications Submitted
a. Assessor Parcel Number (APN) and street address
b. Project Name
c. Unit Types (SFA, SF D, two‐ to four‐unit structures, 5+ unit structure, multifamily, ADU, mobile home/manufactured home)
d. Renter or Owner occupied
e. Date Application Submitted
f. Proposed Units Affordability by Household Incomes – for each development, list the number of units proposed in the application by affordability level and whether the units are de ed restricted or non‐deed restricted. g. Total Approved Units by Project
h. Applications submitted pursuant to Government Code section 65913.4, subdivision (b) (Streamlined Ministerial Approval Process (SB 35 Streamlining)) ‐ (No, Yes – But no action taken, Yes – Approved, Yes – Denied)

2. TABLE A2 ‐ Annual Building Activity Report Summary – New Construc tion, Entitled, Permits and Completed Units – includes units entitled, building permit, or certificates issued during the reporting year For all Entitlements, Building Permits and Certificates of Occupancy:
a. APN
b. Street Address
c. Project Name
d. Unit Types (SFA, SFD, two‐ to four‐unit structures, 5+ unit structure, multifamily, ADU, mobile home/manufactured home)
e. Renter or Owner occupied
Entitlements
a. Entitlement Date Approved ‐ the date within the reporting year that all required land use approvals or entitlements were issued.
b. Affordability by Household Income ‐ for each development, the number of units that have been issued a completed entitlement during the reporting year by affordability level and whether the units are deed restricted or non‐deed restricted.

EXHIBIT A, SCOPE OF SERVICES/CONSULTANT'S PROPOSAL, PROJECT ESC22-089 18/Consultant/Professional Services Provider Agreement/Harris & Associates, inc./Project ESC22-089 Harris & Associates, Inc.  General Plan and Housing Element Annual Progress Reports 4 of 7 Building Permits and Certificates of Occupancy
a. Date Issued
b. Affordability by Household Income ‐ for each development, list the number of units that have been issued a building permit or COO during the reporting year by affordability level and whether the units are deed restricted or non‐deed restricted.
c. Any projects approved using Government Code section 65913.4, subdivision (b) (Streamlined Ministerial Approval Process
(SB 35 Streamlining)) ‐ (No, Yes – But no action taken, Yes – Approved, Yes – Denied) d. Infill units – this is optional but highly encouraged by the State. We recommend tracking infill units to reinforce the City as a “good actor” in housing reporting as it may help secure grant fundin g in the future.

Housing with Financial Assistance and/or Deed Restrictions a. Assistance Programs Used for Each Development ‐ if units received financial assistance from the City or County and/or other subsidy sources, have affordability restrictions or covenants, and/or recapture of public funds upon resale.
b. Deed Restriction Type ‐ if units in the project are considered affordable to very‐low, low, and/or moderate income households due to a
local program or policy, such as a regulatory agreement or a density bonus. c. Term of Affordability or Deed Restriction
d. Housing without Financial Assistance or Deed Restrictions – sales prices and rents for units affordable to very low, low and moderate‐income households without financial assistance and/or deed restrictions. This would include existing market rate units that are con
verted to affordable units.
e. Preserved existing affordable units (extension of affordability covenants).

Demolished/Destroyed Units
a. Number of Demolished or Destroyed Units
b. Specify if they were Demolished (torn down) or Destroyed (lost due to natural disaster) c. Renter or Owner occupied

3. TABLE B – Regional Housing Needs Allocation Progress Permitted units issued by affordability

4. TABLE C – Sites Identified or Rezoned to Accommodate Shortfall Housing Need (not applicable since the City did and does not have a shortfall)

5. TABLE D ‐ Program Implementation Status pursuant to Government Code section 65583 ‐ Report the status/progress of housing element program and policy implementation for all programs described in the housing el
ement
a. Name of the program as described in the element (including program objective and timeframe) b. Status of Program Implementation

6. TABLE E ‐ Commercial Development Bonus Approved pursuant to Government Code section 65915.7 (if the City has approved any commercial development bonuses during the reporting year) a. APN number
b. Street address
c. Units Constructed
as Part of the Agreement (by income level)
d. Description of the commercial development bonus approved and date approved

7. TABLE F – Units Rehabilitated, Preserved, and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) (not applicable)

8. TABLE G ‐ Locally Owned Lan ds Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of, pursuant to Government Code section 65400.1 (new requirement for CY 2019 and later) EXHIBIT A, SCOPE OF SERVICES/CONSULTANT'S PROPOSAL, PROJECT ESC22-089 19/Consultant/Professional Services Provider Agreement/Harris & Associates, inc./Project ESC22-089

Harris & Associates, Inc.  General Plan and Housing Element Annual Progress Reports 5 of 7

9. TABLE H – Locally Owned Surplus Sites

10. Local Early Action Planning (LEAP) Grant Reporting (new requirement) Task 2B – Populate Required Form/Template
Harris staff will use the information obtained from Task 2A to populate the State template for the APR.

Starting in Year 2, Harris will provide a short presentation to the Planning Commission listing findings and will obtain feedback from the Planning Commission.

Task 2C – Edits/Coordination with HCD
Harris staff will coordinate with HCD and OPT on any question or requested edits.

Deliverables (Electronic)
• Short Planning Commission Presentation
• Draft Housing Element APR
• Final Housing Element APR
Meetings
• Planning Commission (Virtual)
PROJECT TEAM
Hitta Mosesman, Vice President, will serve as the Principal‐in‐Charge for this assignment. Hitta has over 20 years of experience in providing real estate advisory, economic development, financial and affordable housing services to cities and special districts throughout California. She has been working with the City of Victorville since the 1990s and is the Principal‐ in‐Charge on th
e City’s current General Plan Update. Dima Galkin will serve as the Project Manager for the General Plan and Housing Element APR. Irlanda Martinez and Jordan Perez, Senior Analysts, will assist on this project. Other Harris staff will be assigned as needed.

SCHEDULE AND BUDGET
The proposed Schedule and Budget is presented in the following tables. This proposal covers an eight (8) year term where the requirements for the first year, 2022 (reporting on activities during calendar year 2021), are expected to call for less hours due to the fact that the new Housing Element programs are not established yet and the remaining General Plan updates will not be complete until calendar year 2022.

EXHIBIT A, SCOPE OF SERVICES/CONSULTANT'S PROPOSAL, PROJECT ESC22-089 20/Consultant/Professional Services Provider Agreement/Harris & Associates, inc./Project ESC22-089

Harris & Associates, Inc.  General Plan and Housing Element Annual Progress Reports 6 of 7

However, in future years it is anticipated that the number of hours needed for APR preparation pursuant to legal requirements will exceed that in previous years, given State law changes and multiple amendments to the General Plan. In an effort to control costs, this proposal does not include attendance at the City Council meeting approving the APR, but does include, per Staff’s request, a short presentation to the Planning Commission and attendance at a Planning Commission meeting. The table below shows Harris 2022 billing rates. Harris may update the actual billing rates used by an amount not to exceed 2.5% per year. The annual budgets will be limited to what is shown in this Proposal.

YEAR 1
$275/hr $220/hr $210/hr $195/hr $150/hr $140/hr
Data Request/Kick‐off Meeting with
City 1   2   1   4   650$                Mid‐January
Coordination (City staff and
internal) 2   8   2   4   6   22   4,060$             N/A Data analysis 6    1   10   15   32   5,055$             N/A General Plan APR Outline (N/A for
Housing Element APR, which uses a
State form)
2   8   10   2,120$             Mid‐Febr uary
Draft General Plan & Housing
Element APRs 1   1   10   1   15   28   4,890$             Week of March 1 City Provide Comments on Draft
APRs
Second week of
March
Final General Plan & Housing
Element APRs 1   8   2   8   2   21   3,825$             Third week of March
Submit APRs to HCD/OPR 2   2   300$                 By April 1 City Council Approves APRs
(tentative) Early April
Total 4   3   41   6   26   39   119   20,900$
Contingency (10%, rounded up) 2,100$
Total, with contingency 23,000$
Total
Estimated
Hours
Total
Estimated Fee
Deliverable
Completion
Vice
President Director
Senior
Project
Manager
Project
Manager
Senior
Analyst
Project
Analyst
YEARS 2‐8
$275/hr $220/hr $210/hr $195/hr $150/hr $140/hr
Data Request/Kick‐off Meeting with
City 1   2   1   4   650$                Mid‐January
Coordination (City staff and
internal) 2   2   8   8   4   6   30   5,670$             N/A Data analysis 8   2   15   25   50   7,820$             N/A General Plan APR Outline (N/A for
Housing Element APR, which uses a
State form)
8   8   16   2,880$
Mid‐February
Draft General Plan & Housing
Element APRs 1   4   4   6   10   24   49   8,025$             Week of March 1 Brief Planning Commission on
findings and obtain feedback 2   2   2   2   4   4   2,960$             Second week of March
City Provide Comments on Draft
APRs
Second week of
March
Fin
al General Plan & Housing
Element APRs 1   1   6   2   8   6   25   4,185$             Third week of March
Submit APRs to HCD/OPR 2   2   390$                By April 1 City Council Approves APRs
(tentative) Early April
Total 6   9   37   22   51   66   176   32,580$
Contingency (10%, rounded up) 3,300$
Total, with contingency 35, 880$
Deliverable
Completion
Senior
Project
Manager
Senior
Analyst
Project
ManagerDirectorVice
President
Project
Analyst
Total
Estimated
Hours
Total
Estimated Fee
EXHIBIT A, SCOPE OF SERVICES/CONSULTANT'S PROPOSAL, PROJECT ESC22-089 21/Consultant/Professional Services Provider Agreement/Harris & Associates, inc./Project ESC22-089 Harris & Associates, Inc.  General Plan and Housing Element Annual Progress Reports   7 of 7 It is important to note that an allowance for an annual budget increase is proposed to account for increased staff and other costs over the eight (8) year period. The table on the following page provides an annual budget for each APR year and incorporates a 2.5% annual inflator.

With regard to the schedule, Harris understands tha t the City is required to submit the APR to HCD and OPR by April 1. The City Council also needs to accept (“receive and file”) the APR. While preferable to have City Council accept the APR prior to submittal, the timing is challenging as the data needed cannot be fully assembled un til after January 1. Therefore, Harris suggests finalizing the APR and submitting it to HCD and OPR prior to April 1 to meet the deadline, and having City Council approve the APR at the first meeting in April.

We appreciate the opportunity to work with the City of Victorville. Please feel free to contact us if you have any questions.

Sincerely,
Harris & Associates, Inc.

Hitta Mosesman
Vice President, Community Development + Housing Consulting (949) 291‐3729  [email protected]
Year Budget Budget with
Contingency
2022 $20,900 $23,000
2023 $32,580 $35,880
2024 $33,395 $36,795
2025 $34,229 $37,729
2026 $35,085 $38,685
2027 $35,962 $39,562
2028 $36,861 $40,561
2029 $37,783 $41,583
TOTAL $266,795 $293,795
EXHIBIT A, SCOPE OF SERVICES/CONSULTANT'S PROPOSAL, PROJECT ESC22-089 22/Consultant/Professional Services Provider Agreement/Harris & Associates, inc./Project ESC22-089

ATTACHMENT B
2020 Annual Progress Report
Annual Progress Report
City of Victorville General Plan
March 2021
Michael Szarzynski
City of Victorville
Development Department/Planning Division
14343 Civic Drive, PO Box 5001
Victorville, California 92392
Annual Progress Report i March 2021
City of Victorville General Plan
Table of Contents
Acronyms and Abbreviations....................................................................................................iii Section 1 Introduction .............................................................................................................1

1.1 Purpose............................................................................................................1

1.2 Housing Element Update .................................................................................2

1.3 Safety Element Update ....................................................................................2

1.4 New Environmental Justice Element................................................................2 Section 2 General Plan Overview ...........................................................................................3

2.1 State General Plan Guidelines.........................................................................3

2.2 City of Victorville General Plan.........................................................................4

2.2.1 Land Use Element................................................................................4

2.2.2 Circulation Element ..............................................................................5

2.2.3 Housing Element ..................................................................................7

2.2.4 Resource Element................................................................................9

2.2.5 Noise Element ....................................................................................12

2.2.6 Safety Element ...................................................................................12 Section 3 Planning and Development Activities.................................................................15

3.1 Projects ..........................................................................................................15

3.1.1 Discretionary Development Applications............................................15

3.1.2 Approved Entitlements .......................................................................21

3.2 Capital Improvements Program .....................................................................23

3.2.1 Roads .................................................................................................23

3.2.2 Water..................................................................................................24

3.2.3 Traffic Signals.....................................................................................25

3.2.4 Sewer .................................................................................................25

3.2.5 Parks ..................................................................................................26 Tables
Table 1. City of Victorville General Plan Elements and Adoption Year .........................................1 Table 2. Victorville Regional Housing Needs Assessment Allocation ...........................................7 Table 3. Summary of Discretionary Actions for 2020 ..................................................................15 Table 4. Entitlements Approved in 2020......................................................................................21 Table 5. Capital Improvement Projects Approved in 2020 ..........................................................23 Table 6. Road Capital Improvement Projects Approved in 2020.................................................23 Table 7. Water Capital Improvement Projects Approved in 2020................................................24 Table 8. Traffic Signal Capital Improvement Projects Approved in 2020 ....................................25 Annual Progress Report ii March 2021
City of Victorville General Plan
Table 9. Sewer Capital Improvement Projects Approved in 2020 ...............................................25 Table 10. Parks Capital Improvement Projects Approved in 2020 ..............................................26 Appendices
Appendix A. City of Victorville General Plan Housing Element Annual Progress Report Annual Progress Report iii March 2021
City of Victorville General Plan
Acronyms and Abbreviations
APR Annual Progress Report
CEQA California Environmental Quality Act
City City of Victorville
GHG greenhouse gas
PVC polyvinyl chloride
RHNA Regional Housing Needs Assessment
SCLA Southern California Logistics Airport Planning Area Annual Progress Report iv March 2021
City of Victorville General Plan
This page intentionally left blank.

Annual Progress Report 1 March 2021
City of Victorville General Plan
Section 1 Introduction

1.1 Purpose
The purpose of this Annual Progress Report (APR) is to fulfill the requirement of California Government Code, Section 65400(a), regarding the implementation status of the City of Victorville’s (City’s) General Plan. The APR also informs the public of the progress toward meeting the community’s goals. California Government Code, Section 65400(a), requires that cities and counties “investigate and make recommendations to the legislative body regarding reasonable and practical means for implementing the general plan or element of the general plan, so that it will serve as an effective guide for orderly growth and development, preservation and conservation of open space land and natural resources, and the efficient expenditure of public funds relating to the subjects addressed in the general plan.” The APR is required to be prepared and submitted to the City Council, Governor’s Office of Planning and Research, and the California Department of Housing and Community Development by April 1 of each year.

At a minimum, the APR should address the following:

1. The status of the General Plan and efforts in its implementation

2. The City’s efforts in meeting its share of the regional housing needs

3. Local efforts to remove governmental constraints to the maintenance, improvement, and development of housing pursuant to paragraph (3) of subdivision (c) of the California Government Code, Section 65583

4. The degree to which the City’s approved General Plan complies with the California General Plan Guidelines and the date of the last revision to the General Plan

5. The Housing Element portion of the APR, which shall be prepared through the use of standards, forms, and definitions and is included as Appendix A This APR summarizes the planning activities for the City from January 1 to December 31, 2020.

In addition to the required above-listed information, the City Development Department has included relevant ongoing and completed planning activities, programs, and permits (Table 1).

Table 1. City of Victorville General Plan Elements and Adoption Year Element Adoption Year Update Year (If Applicable)
Land Use Element1 2008 —
Circulation Element2 2008 —
Housing Element1 2008 2014
Noise Element 2008 —
Safety Element1 2008 —
Resource Element 2008 —
Note:
1 Currently being updated.
2 The Circulation Plan was updated in September 2020.

Annual Progress Report 2 March 2021
City of Victorville General Plan

1.2 Housing Element Update
The City’s Housing Element, which is part of the City’s General Plan, is being updated for the sixth cycle planning period of 2021–2029. The California Government Code requires that a Housing Element be included in a city’s General Plan as one of seven mandatory elements that express the community’s values, goals, and vision for the future. The Housing Element identifies and analyzes the City’s existing and projected housing needs and contains a detailed outline and work program of the City’s goals, policies, quantified objectives, and programs for the preservation, improvement, and development of housing for a sustainable future. The Housing Element identifies ways the housing needs of all economic segments of the community, including residents and the local workforce, can be met to achieve the City’s overall housing goal.

1.3 Safety Element Update
The Safety Element is being updated to provide consistency with existing and updated General Plan goals, objectives, and policies. The update includes an evaluation of existing fire districts (service areas and responsibilities), fire protection facilities and stations, response times, and future considerations with respect to community safety.

1.4 New Environmental Justice Element
The City is developing its first Environmental Justice Element. Environmental Justice is defined by the State of California as “the fair treatment and meaningful involvement of people of all races, cultures, incomes, and national origins, with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations, and policies” (California Government Code, Section 65040.12).

The Environmental Justice Element will be an addition to and part of the City’s General Plan and will reflect the City’s commitment to reducing environmental burdens and ensuring all residents have the opportunity to access public goods and services that improve their quality of life.

Annual Progress Report 3 March 2021
City of Victorville General Plan
Section 2 General Plan Overview
The City’s General Plan, adopted on October 21, 2008, represented the first comprehensive update since 1997. The following describes the elements of the General Plan and the implementation status of each element’s goals. A discussion of projects and capital improvements are provided in Section 3, Planning and Development Activities.

2.1 State General Plan Guidelines
The Governor’s Office of Planning and Research guidance provides suggested content for the APR. The content in this APR, as follows, is based on suggestions from the guidance:
 Introduction.
 Table of contents.
 List of acronyms and abbreviations.
 Date of presentation and acceptance by City Council. The APR will be presented to the City Council on April 20, 2021. Additional details for the hearing are available on the City’s website at: https://www.victorvilleca.gov/home.
 Measures associated with the implementation of the General Plan, with specific references to individual elements.
 Housing Element APR reporting requirements – Each jurisdiction is required to report certain housing information in accordance with state housing law (refer to California Government Code, Sections 65400, 65583, and 65584) and the California Department of Housing and Community Development’s Housing Element guidelines.  The Housing Element APR is addressed in Appendix A.
 The degree to which the General Plan complies with the Governor’s Office of Planning and Research General Plan Guidelines, including environmental justice considerations, collaborative planning with the military lands and facilities, and consultation with Native American tribes.
 The date of the last update to the General Plan.
 Priorities for land use decision-making established by the local legislative body (e.g., passage of moratoria or emergency ordinances).
 Goals, policies, objectives, standards, or other plan proposals that need to be added or were deleted, amended, or otherwise adjusted.
 One or more lists of the following, including references to specific General Plan elements or policies, statuses (i.e., approved/denied, initiated/ongoing/completed), and a brief comment on how each advanced the implementation of the General Plan during the past year:
 Planning activities initiated – These may include but are not limited to Master Plans, Specific Plans, master environmental assessments, annexation studies, and other studies or plans.

Annual Progress Report 4 March 2021
City of Victorville General Plan
 General Plan amendments – These may include agency-driven and applicant- driven amendments.
 Major development applications processed.

2.2 City of Victorville General Plan
The City’s General Plan addresses the critical issues that will shape the City’s future, specifically the following:
 Optimum type and mix of land uses that will both secure the City’s economic solvency and maintain a high quality of life
 Transportation systems needed to accommodate planned growth  Infrastructure systems needed to accommodate planned growth  Important natural resources to be protected and integrated with planned growth  Community facilities needed to accommodate planned growth  Community amenities needed to provide a balanced and pleasing place to live, work, shop, play, and learn
The City’s General Plan is organized into the seven elements mandated by the California Government Code (Section 65302): Land Use Element, Circulation Element, Housing Element, Resource Element (which incorporates two of the mandated elements, Open Space and Conservation), Noise Element, and Safety Element. The implementation status of each element is identified below.

2.2.1 Land Use Element
The Land Use Element functions as a guide to the ultimate pattern of development for the City within its incorporated boundaries and sphere of influence. The City’s Planning Area is divided into 10 Planning Areas. The boundaries of the 10 Planning Areas were delineated using topographic features, human-made features, and land use characteristics. There areas are indicated on the General Plan Land Use Planning Area Map. These Planning Areas include Baldy Mesa Planning Area, Central City Planning Area, East Bear Valley Planning Area, Golden Triangle Planning Area, North Mojave Planning Area, Southern California Logistics Airport (SCLA) Planning Area, Spring Valley Lake Planning Area, West City Planning Area, West Bear Valley Planning Area, and Northern Expansion Planning Area. As required by Section 65302(a) of the California Government Code, the Land Use Element describes the proposed general distribution, location, and extent of land uses in the City and their relationship to all elements of the General Plan. The Land Use Element is the driving element in the General Plan to which all elements must relate. Because it establishes the type, intensity, and pattern of land uses, it inherently shapes housing, transportation, noise, air quality, infrastructure, public services, natural resources, safety, open space, and recreation. The Land Use Plan found in the Land Use Element describes Annual Progress Report 5 March 2021
City of Victorville General Plan
geographically the proposed location of the land use designations. A discussion of the goals of the Land Use Element and the manner in which the City has met these goals is provided below:

Goal 1: Balanced Land Uses. Provide for a balanced community with residential, commercial, and industrial development.
 Implementation: In 2020, the City focused on providing a balanced community by approving a number of entitlements (refer to Sec tion 3) for residential uses close to jobs and commercial uses. The City will continue to ensure that sufficient commercial lands are available by monitoring local and regional needs.  Goal 2: Economic Development. Encourage a diversified economic base.  Implementation: In 2020, the City continued to encourage a diversified economic base. The City’s Economic Development Department is responsible for attracting new business investment and encouraging the expansi on of existing industry, retail, and small businesses. As the City’s marketing and business development arm, the Economic Development Department works with organizations and businesses to act in the interest of local business es, seek new economic opportunities, and develop new partnerships to drive local economic growth.  Goal 3: Ample City Services. Ensure provision of adequate city services and infrastructure.
 Implementation: In 2020, the City continued to implement planning efforts to ensure the provision of adequate City services and infrastructure. More than $18.9 million in capital improvement projects were completed in 2020. Section 3 details what these projects were and breaks them down by category and amount.  Goal 4: Beautify Victorville. Provide for an aesthetically pleasing community.  Implementation: The City carefully reviews all new development applications in accordance with the City’s Development Code and various sections of the City’s Design Guidelines to ensure that existing aesthetic values of the subject and surrounding areas are maintained. In 2020, the City continued to implement planning efforts that facilitated development in accordance with the General Plan’s organizing principles and regional categories in addition to development standards and design guidelines.

2.2.2 Circulation Element
The Circulation Element is one of the required General Plan elements identified in the California Planning and Zoning Law. As specified in California Government Code (Section 65302[b]), a Circulation Element is required to identify the general location and extent of existing and proposed major thoroughfares, transportation routes, terminals, airports, and other public utilities and facilities in the City’s planning area. This element is intended to provide guidance to decisions that Annual Progress Report 6 March 2021
City of Victorville General Plan
expand and improve the transportation system for local and regional trips and to accommodate the diverse transportation needs of residents in the planning area. Furthermore, this element is intended to specify the City’s policies for coordination of transportation infrastructure planning with planning of public facilities, where joint benefits can be achieved. The design, location, and constituent modes of travel can have significant effects on air quality, plant and animal habitat, environmental noise, energy use, and community appearance. Both economic and environmental considerations have been incorporated into the development of the Circulation Element. A discussion of the Circulation Element goals and the manner in which the City has met these goals is provided below:

Goal 1: Good Mobility. Provide a safe, efficient transportation system that enhances mobility for local residents and businesses, and facilitates regional travel for automobiles and trucks.

Implementation: In 2020, the City continued to implement planning efforts to facilitate a safe and efficient road network. Primary accomplishments associated with the implementation of good mobility for the Ci rculation Element include road and traffic signal capital improvement projects. Section 3 details what these projects were and breaks them down by category and amount. Additionally, implementation includes assuring that traffic impac ts for significant new developments and redevelopments are assessed and th at traffic system improvements be implemented where appropriate for such projects. The City also adopted its local guidelines for vehicle miles traveled thresholds of significance.  Goal 2: Efficient Multi-Modal Transportation Network. Meet diverse transportation needs of existing and future residents and businesses in the planning area through convenient, safe, multi-modal means.

Implementation: In 2020, the City continued to implement planning efforts to facilitate an efficient multi-modal transportation network. Primary accomplishments associated with implementation of these efforts include road and traffic signal capital improvement projects. This includes incorporation of bike paths and safety features as part of the Safe Route to School program.

Section 3 details what these projects were and breaks them down by category and amount. Additionally, the City continues consultation with the Victor Valley Transit Authority for major new development and redevelopment projects and regular assessments of special transit needs. 
Goal 3: Adequate Infrastructure. Develop and maintain infrastructure that supports the transportation and circulation needs of the community in a cost-effective and environmentally sensitive manner.

Annual Progress Report 7 March 2021
City of Victorville General Plan
 Implementation: In 2020, the City continued to implement planning efforts to develop and maintain adequate infrastructure. This has primarily been implemented through the efforts of capital improvem ent projects for road and traffic signal improvements. Section 3 details what these projects were and breaks them down by category and amount. Additionally, the City continues to require projects to be responsible for construction of roadway and traffic infrastructure and integration into established and planned infrastructure systems.

2.2.3 Housing Element
The provision of adequate housing for families and individuals of all economic levels is an important public goal. It has been a main focus for state and local governments. The issue has grown in complexity due to rising land and construction costs and increasing competition for physical and financial resources in the public and private sectors. In response to this concern, the California Legislature amended the California Government Code in 1980. The amendment instituted the requirement that each local community include a specific analysis of its housing needs and a realistic set of programs designed to meet those needs. This analysis is to be set forth in a Housing Element and incorporated into the General Plan of each municipality. The City’s 2014 Housing Element Update addressed the state-mandated planning period from 2013 to 2021 and is consistent with the City’s General Plan and the community’s vision of its housing needs and objectives. It reflects the City’s continuing efforts to retain and expand housing opportunities in the community. Before the 2013–2021 planning period, the City undertook a series of actions to support affordable housing. The City is currently working on updating its Housing Element for the 2021–2029 planning period. A discussion of the Housing Element goals and the manner in which the City has met these goals is provided below. The Regional Housing Needs Assessment (RHNA) for the 2013–2021 cycle for the City is also provided in Table 2.

Table 2. Victorville Regional Housing Needs Assessment Allocation Income Category Number of Units % of Total Units
Very Low Income (0%–50% of AMI) 1,735 21.25
Low Income (50%–80% of AMI) 1,136 13.91
Moderate Income (80%–120% of AMI) 1,504 18.42
Above Moderate Income (More than 120% of AMI) 3,790 46.42 Total 8,165 100
 Goal 1: Encourage the provision of a wide range of housing by location, type of unit, and price to meet the existing and future housing needs in Victorville.  Implementation: The City’s efforts in meeting the Housing Element goals is presented in the City’s Housing Element APR (Appendix A). The Housing Annual Progress Report 8 March 2021
City of Victorville General Plan
Element APR provides details on the City’s efforts in meeting regional housing needs and removing governmental constraints to the development of affordable housing. Additionally, the City completed its affordable housing monitoring and compliance review for five projects. As of January 2021, all properties and projects remain affordable. These include Northgate Village, Rodeo Meadows, Casa Bella, Impressions, and Hillcrest Apartments.

Goal 2: Promote housing opportunities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, or color.
 Implementation: In 2020, the City continued to promote housing opportunities for all people. The City continues to contract with the Inland Fair Housing and Mediation Board and to minimize the displacement of lower income and special needs households. In 2020, the Inland Fair Housing and Mediation Board assisted 1,078 City residents resolve fair housing matters and owner-tenant issues.

Additionally, the City is currently working on its first Environmental Justice Element as part of its General Plan Update that will address the fair treatment and meaningful involvement of people of all races, cultures, incomes, and national origins with respect to the development, adoption, implementation, and enforcement of environmental la ws, regulations, and policies. Additional information about the City’s efforts in meeting the Housing Element goals is presented in the Housing Element APR (Appendix A). The Housing Element APR p rovides details on the City’s efforts in meeting regional housing needs and removing governm ental constraints to the development of affordable housing.
 Goal 3: Encourage the maintenance and preservation of the existing housing stock.  Implementation: The City’s efforts in meeting the Housing Element goals are presented in the City’s Housing Element APR (Appendix A). The Housing Element APR provides details on the City’s efforts in meeting regional housing needs and removing governmental constraints to the development of affordable housing.  Goal 4: Encourage the proper utilization of the undeveloped residential areas of the City.  Implementation: The City’s efforts in meeting the Housing Element goals are presented in the City’s Housing Element APR (Appendix A). The Housing Element APR provides details on the City’s efforts in meeting regional housing needs and removing governmental constraints to the development of affordable housing.  Goal 5: Encourage changes in State housing law to accurately reflect community housing needs.
 Implementation: In 2020, the City continued to encourage changes in state housing law to accurately reflect community housing needs. In August 2020, the City accepted the California Department of Housing and Community Annual Progress Report 9 March 2021
City of Victorville General Plan
Development Senate Bill 2 Planning Grants Program award in the amount of $310,000. The bill is aimed to address the housing shortage and high housing costs. The City is also actively working to ensure that it is meeting its RHNA requirements. The City’s share of the RHNA is 8,165 units split among different income levels. Section 3 details that 39 entitlements for single-family residential units were approved in 2020. Additional information about the City’s efforts in meeting the Housing Element goals is presented in the City’s Housing Element APR (Appendix A). The Housing Element APR provides details on the City’s efforts in meeting regional housing needs and removing governmental constraints to the development of affordable housing.

2.2.4 Resource Element
The Resource Element is intended to function as a guide to the protection, use, and maintenance of the City’s natural and cultural resources and a variety of open space lands and to fulfill the state mandated requirements for a Conservation Element and an Open Space Element. Section 65302(d) of the California Government Code requires that a General Plan include a Conservation Element for the conservation, development, and utilization of natural resources including water and its hydraulic force, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals, and other natural resources.

Given the range of natural and cultural resources, natural hazards, and outdoor recreation resources and opportunities that occur in the planning area, the Resource Element encompasses the following topics: water supply and water quality; cultural resources, including archaeological, paleontological, and historic resources; biological resources; air quality; mineral resources; outdoor recreation; natural hazards; agricultural resources; and solid waste management. A discussion of the goals of the Resource Element and the manner in which the City has met these goals is provided below:

Goal 1: Sufficient, Safe Water Supply. Maintain adequate water supply resources and water delivery system to support the implementation of the city’s land use policies and fire protection standards, and to meet essential needs during emergencies and severe drought conditions.

Implementation: In 2020, the City continued to maintain adequate water supply resources and water delivery systems. The City requires that new major developments and redevelopments meet development standards and zoning and subdivision regulations. Additionally, implementation of a safe and sufficient water supply has been facilitated through water capital improvement projects, including landscape improvements, development of a pumping station, implementation of a 20,000-gallon underground water storage tank and seepage pits at two well sites, and incorporation of durable copper service lines in replacement of plastic water lines.

Annual Progress Report 10 March 2021
City of Victorville General Plan
 Goal 2: Sufficient Park Land. Provide sufficient local, community and regional park land to meet current and future outdoor recreation needs of the planning area.  Implementation: In 2020, the City continued to facilitate the development of sufficient park land. This was implemented primarily through park capital improvement projects, including the development of a 15,600-square-foot skate park at Doris Davies Park and improvements to this park. Additionally, the City completed an update to its Parks and Recreation Master Plan in December 2020.

The intent of this plan is to build on the existing Parks and Recreation Master Plan to provide guidance and direction for future design, development, and needs of the City’s residents over the next 5 to 10 years. This was accomplished through a comprehensive effort that included the research and development of recommendations for all aspects of the system, including short- and long-term park planning, park acquisition, recreation facilities and programs, maintenance, operations, and funding.

Goal 3: Protection from Natural Hazards. Protect the community from flooding and geologic hazards.
 Implementation: In 2020, the City continued to protect the community from natural hazards. The City facilitated this by maintaining accurate and up-to-date maps of areas exposed to 100-year and 500-year flood hazards. The City also continued to seek community input for disaster planning during its update of the Local Hazard Mitigation Plan, a plan that guides City-wide efforts to reduce the risk of hazards such as flooding and earthquakes. Public participation in an online survey was made available on September 2, 2020. Additionally, the City is in the process of updating its Local Hazard Mitigation Plan to provide consistency with existing and updated General Plan goals, objectives, and policies. The update includes an evaluation of existing fire districts (service areas and responsibilities), fire protection facilities and stations, response times, and future considerations with respect to community safety. 
Goal 4: Conservation of Important Habitat. Preserve land containing native habitat that sustains rare, threatened or endangered plants and wildlife species.  Implementation: In 2020, the City continued to conserve important habitat. The City maintains an up-to-date geographical database of the spatial distribution and composition of natural habitat and continues to require biological surveys and assessment of impacts to such resources for projects.

Annual Progress Report 11 March 2021
City of Victorville General Plan
 Goal 5: Preservation of Important Cultural Resources. Protect identified archaeological, paleontological resources and historic resources within the planning area.  Implementation: In 2020, the City continued to protect identified archaeological, paleontological, and historic resources. The City c ontinues to require paleontological monitoring, historic preservation, and planning area-wide assessments and Phase I cultural assessments when d eemed necessary by a qualified professional and to establish a transmittal system with the South Central Coastal Information Center at California State Univ ersity, Fullerton. The City also requires compliance with Assembly Bill 52 requ irements by sending out consultation invitation letters to Native American tribes for projects.  Goal 6: Good Air Quality. Promote clear air with low pollutant concentrations that do not adversely affect respiratory health.
 Implementation: In 2020, the City continued to promote good air quality. The City continues to comply with regulations by the California Air Resources Board. Additionally, the City continues to comply with the provisions specified under the City’s Climate Action Plan, which provided greenhouse gas (GHG)- reducing policy provisions targeted at reducing GHG emissions beyond the year 2020. Projects are required to comply with the City’s Climate Action Plan to meet statewide GHG reduction goals for the year 2020 associated with Assembly Bill 32. Projects are also required to comply with the Mojave Desert Air Quality Management Plan and Federal Conformity Guidelines. In 2020, the City continued to work with the San Bernardino County Transportation Authority to update the Regional GHG Reduction Plan to comply with Senate Bill 32. The update includes a City of Victorville chapter to set new 2030 GHG emissions reduction goals. Completion is expected in 2021. 
Goal 7: Energy Conservation. Promote energy sustainability by developing alternative power supplies and reducing energy use.
 Implementation: In 2020, the City continued to promote energy conservation and sustainability. The City requires that projects comply with the latest City energy code standards and development standards stipulated in the City’s project-specific design guidelines, which address efficient building design and on-site electrical generation. The City ensures that projects comply with the latest adopted California Green Building Standards and identify energy saving design features.

Annual Progress Report 12 March 2021
City of Victorville General Plan

2.2.5 Noise Element
The Noise Element is intended to limit exposure of the community to excessive noise levels. Noise is generally defined as unwanted or unpleasant sound. Excessive noise is associated with an interference with speech and other communication, a distraction at home and at work, a disturbance of rest and sleep, and a disruption of various recreational pursuits. To ensure that noise does not affect the health and serenity of City residents, this element provides a systematic approach to identifying and appraising excessive noise in the planning area, quantifying noise levels, and addressing excessive noise exposure and community planning for the regulation of noise. The Noise Element includes policies, standards, criteria, programs, diagrams, a reference to action items, and maps related to protecting public health and welfare from noise. A discussion of the Noise Element goals and the manner in which the City has met these goals is provided below:

Goal 1: Noise Sensitivity. Identify significant noise sources that could adversely affect community.
 Goal 2: Noise Control. Manage the effects of noise emissions to help ensure reduction of adverse effects on the community.
 Implementation: In 2020, the City met Goals 1 and 2 as it continued to apply and enforce the City’s noise standards. These standards are met by ensuring that construction does not occur before or after the allowable hours and that appropriate mitigation is incorporated into projects to protect sensitive receptors. Additionally, the City ensures that each project analyzes the impacts it may have to the most proximate sensitive receptors. The City also continues efforts to monitor SCLA operations to ensure that expansions do not impact sensitive land uses.

2.2.6 Safety Element
The Safety Element is one of the General Plan elements mandated by the California Government Code (Section 65302[g]). It is intended to identify and, whenever possible, reduce the impact of natural and human-made hazards that may threaten the health, safety, and property of the residents living and working in the planning area. It emphasizes hazard reduction and accident prevention and responses for human-made hazards. In addition, the element emphasizes the importance of risk reduction, disaster prevention, and preparedness. The Safety Element includes maps and a Safety Plan of known seismic and other geologic hazards. It addresses evacuation routes, peak- load water supply requirements, minimum road widths, and clearances around structures as they relate to identified fire and geologic hazards. A discussion of the Safety Element goals and the manner in which the City has met these goals is provided below:

Annual Progress Report 13 March 2021
City of Victorville General Plan
 Goal 1: Protection from Hazards. Protect the community against natural and man-made hazards.
 Implementation: In 2020, the City continued to protect the community from hazards. The City facilitated this by maintaining accurate and up-to-date maps of areas exposed to 100-year and 500-year flood hazards. The City also continued to seek community input for disaster planning during its update of the Local Hazard Mitigation Plan, a plan that guides City-wide efforts to reduce the risk of hazards such as flooding and earthquakes. Public participation in an online survey was made available on September 2, 2020. Public participation is a key part of hazard mitigation planning. It provides planners insight into public preferences and access to community knowledge about the City. Surveys allow planners to ensure that the needs of vulnerable populations, those who may be disproportionately affected by disasters, are accounted for. The results of this survey will be available in the Safety Element Update.

Goal 2: Protection of Public Health and Safety. Integrate public health and safety issues into planning and development policies.
 Implementation: In 2020, the City continued to integrate public health and safety issues into planning and development policies. On May 19, 2020, the City established its Public Safety Plan. This is a comprehensive plan for improving public safety, with a particular focus on community policing, community police relations, code enforcement, animal control and fire, and a viable option or options for generating revenue with the goal of significantly enriching the quality of life for City residents. The City also continued to implement regulations in accordance with the goals and policies of the Safety Element when processing project applications.

Annual Progress Report 14 March 2021
City of Victorville General Plan
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Annual Progress Report 15 March 2021
City of Victorville General Plan
Section 3 Planning and Development Activities
This section provides information on planning and development activities related to General Plan implementation. Information is presented in terms of projects and capital improvements.

3.1 Projects
Projects discussed herein include discretionary development applications, General Plan amendments, zoning amendments, conditional use permits, tentative maps, tentative parcel maps, site plans, zoning verifications, and other administrative items.

3.1.1 Discretionary Development Applications
From January 1, 2020, to December 31, 2020, 117 discretionary actions were in process. Of these discretionary actions, 75 were approved, 12 were assigned, 7 needed corrections, 9 were in review, 7 had incomplete applications, 1 was issued, 2 were submitted, 2 were voided, and 2 were withdrawn (Table 3). These indicate solely commercial, industrial, multi-family, and subdivision development in the City.

Table 3. Summary of Discretionary Actions for 2020
Plan Number Description Plan Status
ADMN20-00001 Minor site plan modification to ADM16-00026 Approved w/ conditions
ADMN20-00002 Request to allow a minor deviation from the required front yard setback Approved ADMN20-00003 Minor site plan with an environmental exemption Approved w/ conditions
ADMN20-00004 Zoning verification letter Approved
ADMN20-00005 Minor conditional use permit Void
ADMN20-00006 Lot merger Approved
ADMN20-00007 Interim use permit with an environmental exemption Approved w/ conditions
ADMN20-00008 Minor conditional use permit with an environmental exemption Incomplete application
ADMN20-00009 Minor interim use permit with an environmental exemption Approved w/ conditions
ADMN20-00010 Minor conditional use permit with an environmental exemption Approved w/ conditions
ADMN20-00011 Minor site plan with an environmental exemption Approved w/ conditions
ADMN20-00015 Minor site plan with an environmental exemption Approved w/ conditions
PLAN20-00001 Site plan and conditional use permit Approved Annual Progress Report 16 March 2021
City of Victorville General Plan
Table 3. Summary of Discretionary Actions for 2020
Plan Number Description Plan Status
PLAN20-00002 Site plan and conditional use permit with environmental exemption Approved PLAN20-00003 Two tentative tract maps with a probable mitigated negative declaration Incomplete application
PLAN20-00004 Conditional use permit with environmental exemption Approved w/ conditions
ADMN20-00018 Lot merger with environmental exemption Approved ADMN20-00019 Minor site plan with environmental exemption Approved w/ conditions
PLAN20-00005 Request for a 3-year time extension on a previously environmentally assessed vesting tentative tract map
Approved w/
conditions
ADMN20-00020 Minor deviation from the maximum allowable lot coverage with an environmental exemption
Approved
ADMN20-00021 Minor site plan with an environmental exemption Approved w/ conditions
ADMN20-00022 Minor site plan with an environmental exemption Incomplete application
ADMN20-00023 Minor site plan with an environmental exemption Approved w/ conditions
ADMN20-00024 Minor site plan with an environmental exemption Approved ADMN20-00025 Minor deviation from the maximum allowable lot coverage with an environmental exemption
Approved
PLAN20-00006 Site plan and conditional use permit with an environmental exemption Assigned PLAN20-00007 Conditional use permit with an environmental exemption Approved w/ conditions
PLAN20-00008 Tentative tract map with a mitigated negative declaration In review ADMN20-00026 Minor conditional use permit with an environmental exemption Withdrawn ADMN20-00027 Zoning verification letter Approved
ADMN20-00028 Minor site plan to allow for modifications Approved w/ conditions
PLAN20-00009 Site plan with a mitigated negative declaration Incomplete application
ADMN20-00029 Minor site plan with an environmental exemption Corrections required ADMN20-00030 Lot line adjustment with an environmental exemption Approved w/ conditions
PLAN20-00010 Conditional use permit with an environmental exemption Assigned ADMN20-00031 Minor site plan with an environmental exemption In review Annual Progress Report 17 March 2021
City of Victorville General Plan
Table 3. Summary of Discretionary Actions for 2020
Plan Number Description Plan Status
ADMN20-00032 Minor site plan with an environmental exemption Approved w/ conditions
PLAN20-00011 Consideration of adoption of a Planning Commission Resolution to recommend to the City Council of the City to adopt City-wide vehicle miles traveled impact thresholds under CEQA
Assigned
PLAN20-00012 Site plan and conditional use permit with an environmental exemption Assigned ADMN20-00033 Certificate of compliance Approved
PLAN20-00013 Site plan with an environmental exemption Corrections required ADMN20-00036 Interim use permit with an environmental exemption Approved w/ conditions
PLAN20-00014 Title 16 Municipal Code Amendment with an environmental exemption to modify site plan approval periods
Assigned
ADMN20-00039 Minor site plan with an environmental exemption Approved w/ conditions
ADMN20-00040 Minor site plan with an environmental exemption Approved w/ conditions
ADMN20-00041 Minor site plan with an environmental exemption Approved w/ conditions
ADMN20-00042 Minor site plan with an environmental exemption Approved w/ conditions
ADMN20-00043 Minor site plan with an environmental exemption Approved w/ conditions
ADMN20-00046 Minor site plan with an environmental exemption Approved w/ conditions
PLAN20-00015 Time extension for a tentative parcel map with an environmental exemption Approved ADMN20-00047 Minor site plan with an environmental exemption Approved w/ conditions
PLAN20-00016 Revised site plan and conditional use permit Approved w/ conditions
PLAN20-00017 Revised site plan with an environmental exemption Corrections required ADMN20-00050 Minor conditional use permit with an environmental exemption Assigned PLAN20-00018 Site plan with an environmental exemption Approved w/ conditions
ADMN20-00051 Minor site plan with an environmental exemption Approved w/ conditions
PLAN20-00019 Site plan with an environmental exemption Approved w/ conditions
Annual Progress Report 18 March 2021
City of Victorville General Plan
Table 3. Summary of Discretionary Actions for 2020
Plan Number Description Plan Status
ADMN20-00053 Minor site plan with an environmental exemption Approved w/ conditions
ADMN20-00054 Minor interim use permit with environmental exemption Assigned ADMN20-00055 Minor site plan Approved w/
conditions
ADMN20-00056 Minor site plan Approved w/
conditions
PLAN20-00020 Site plan and conditional use permit with an environmental exemption In review ADMN20-00057 Minor conditional use permit with an environmental exemption Approved w/ conditions
ADMN20-00058 Minor deviation from the required setback with an environmental exemption Approved ADMN20-00059 Minor site plan with an environmental exemption Approved w/ conditions
ADMN20-00060 Minor site plan with an environmental exemption Approved w/ conditions
ADMN20-00061 Minor conditional use permit with an environmental exemption Assigned ADMN20-00062 Minor site plan with an environmental exemption Approved w/ conditions
ADMN20-00063 Minor site plan with an environmental exemption Approved w/ conditions
ADMN20-00064 Minor site plan with an environmental exemption Submitted ADMN20-00065 Minor site plan with an environmental exemption Approved w/ conditions
ADMN20-00066 Minor site plan with an environmental exemption Approved w/ conditions
ADMN20-00067 Lot merger with environmental exemption In review ADMN20-00068 Minor site plan with an environmental exemption Approved w/ conditions
ADMN20-00069 Minor site plan Approved w/
conditions
PLAN20-00021 Tentative parcel map with environmental exemption Corrections required ADMN20-00070 Minor site plan with an environmental exemption Approved w/ conditions
ADMN20-00071 Minor site plan with an environmental exemption Approved w/ conditions
PLAN20-00022 Modification to approved tentative parcel map Assigned ADMN20-00073 Minor site plan with an environmental exemption Approved w/ conditions
Annual Progress Report 19 March 2021
City of Victorville General Plan
Table 3. Summary of Discretionary Actions for 2020
Plan Number Description Plan Status
ADMN20-00074 Minor site plan with an environmental exemption Approved w/ conditions
ADMN20-00076 Minor site plan with an environmental exemption Approved w/ conditions
PLAN20-00023 Development code amendment and a site plan and conditional use permit with a mitigated negative declaration
Corrections required
PLAN20-00024 Site plan and conditional use permit with an environmental exemption In review ADMN20-00077 Minor conditional use permit with an environmental exemption Approved ADMN20-00079 Minor site plan with an environmental exemption Approved w/ conditions
ADMN20-00080 Minor site plan with an environmental exemption Approved w/ conditions
ADMN20-00081 Minor site plan with an environmental exemption Withdrawn ADMN20-00082 Minor site plan with an environmental exemption Approved w/ conditions
ADMN20-00083 Conditional use permit with an environmental exemption Approved w/ conditions
PLAN20-00025 Site plan and conditional use permit with a mitigated negative declaration Assigned PLAN20-00026 Sewer feasibility study Submitted
ADMN20-00084 Zoning verification letter Issued
ADMN20-00085 Minor site plan with an environmental exemption Approved w/ conditions
ADMN20-00086 Minor interim use permit with an environmental exemption Approved w/ conditions
ADMN20-00087 Minor site plan with an environmental exemption Approved w/ conditions
ADMN20-00089 Minor site plan with an environmental exemption Incomplete application
ADMN20-00090 Minor deviation from the maximum allowable lot coverage with an environmental exemption
Assigned
ADMN20-00092 Minor site plan with an environmental exemption In review ADMN20-00093 Minor site plan with an environmental exemption Approved w/ conditions
ADMN20-00096 Minor interim use permit with an environmental exemption Approved w/ conditions
ADMN20-00098 Minor site plan with an environmental exemption In review ADMN20-00099 Minor site plan with an environmental exemption Void Annual Progress Report 20 March 2021
City of Victorville General Plan
Table 3. Summary of Discretionary Actions for 2020
Plan Number Description Plan Status
PLAN20-00027 Site plan and conditional use permit with an environmental exemption Corrections required ADMN20-00100 Minor site plan with an environmental exemption Approved w/ conditions
ADMN20-00101 Lot merger with environmental exemption Approved PLAN20-00028 Site plan and conditional use permit with a possible environmental exemption Corrections required ADMN20-00102 Minor site plan with an environmental exemption Approved w/ conditions
ADMN20-00103 Minor site plan with an environmental exemption In review ADMN20-00104 Minor site plan with an environmental exemption Approved w/ conditions
ADMN20-00105 Minor site plan In review
ADMN20-00106 Minor deviation from the maximum allowable lot coverage with an environmental exemption
Approved
ADMN20-00107 Minor site plan with an environmental exemption Approved w/ conditions
PLAN20-00029 Amendment to Title 16 of the Victorville Municipal Code with an environmental exemption
Assigned
ADMN20-00110 Minor site plan with an environmental exemption Incomplete application
ADMN20-00111 Minor deviation from the maximum allowable lot coverage with an environmental exemption
Approved
PLAN20-00030 Three-year time extension to previously approved tentative tract map Incomplete application
Notes: CEQA = California Environmental Quality Act; City = City of Victorville Annual Progress Report 21 March 2021
City of Victorville General Plan

3.1.2 Approved Entitlements
From January 1, 2020, to December 31, 2020, 39 entitlements for single-family residential units were approved (Table 4). These approvals solely include single-family residential in the City.

Table 4. Entitlements Approved in 2020
Plan Number Description Project Type Plan Status
ADMN18-00141 Minor site plan with an environmental exemption Single-Family Residential
Approved w/
conditions
ADMN19-00140 Minor site plan with an environmental exemption Single-Family Residential
Approved w/
conditions
ADMN20-00002 Minor deviation from the required setback with an environmental exemption
Single-Family
Residential
Approved
ADMN19-00137 Minor site plan Single-Family
Residential
Approved w/
conditions
ADMN19-00136 Minor site plan Single-Family
Residential
Approved w/
conditions
ADMN20-00003 Minor site plan with an environmental exemption Single-Family Residential
Approved w/
conditions
ADMN19-00009 Minor site plan with an environmental exemption Single-Family Residential
Approved w/
conditions
ADMN19-00139 Minor site plan with an environmental exemption Single-Family Residential
Approved w/
conditions
ADMN20-00015 Minor site plan with an environmental exemption Single-Family Residential
Approved w/
conditions
ADMN19-00142 Minor site plan with an environmental exemption Single-Family Residential
Approved w/
conditions
ADMN20-00020 Minor deviation from the maximum allowable lot coverage with an environmental exemption
Single-Family
Residential
Approved
ADMN20-00025 Minor deviation from the required setback with an environmental exemption
Single-Family
Residential
Approved
PLAN18-00024 Tentative tract map with a mitigated negative declaration
Single-Family
Residential
Approved w/
conditions
ADMN20-00033 Certificate of compliance Single-Family
Residential
Approved
ADMN20-00030 Lot line adjustment with an environmental
exemption
Single-Family
Residential
Approved w/
conditions
ADMN20-00019 Minor site plan with an environmental exemption Single-Family Residential
Approved w/
conditions
ADMN20-00032 Minor site plan with an environmental exemption Single-Family Residential
Approved w/
conditions
ADMN20-00037 Rebuild letter for a non-conforming structure Single-Family Residential
Finalized
Annual Progress Report 22 March 2021
City of Victorville General Plan
Table 4. Entitlements Approved in 2020
Plan Number Description Project Type Plan Status
PLAN18-00035 Tentative tract map with a mitigated negative declaration
Single-Family
Residential
Approved
PLAN19-00028 Vesting tentative tract map with a mitigated negative declaration
Single-Family
Residential
Approved
ADMN20-00041 Minor site plan with an environmental exemption Single-Family Residential
Approved w/
conditions
ADMN20-00042 Minor site plan with an environmental exemption Single-Family Residential
Approved w/
conditions
ADMN20-00039 Minor site plan with an environmental exemption Single-Family Residential
Approved w/
conditions
ADMN20-00006 Lot merger Single-Family
Residential
Approved
PLAN19-00033 Tentative tract map with a proposed mitigated negative declaration
Single-Family
Residential
Approved
PLAN20-00005 Request for a 3-year time extension to a previously environmentally assessed vesting tentative tract
map
Single-Family
Residential
Approved w/
conditions
ADMN20-00053 Minor site plan with an environmental exemption Single-Family Residential
Approved w/
conditions
ADMN20-00058 Minor deviation from the required setback with an environmental exemption
Single-Family
Residential
Approved
ADMN20-00063 Minor site plan with an environmental exemption Single-Family Residential
Approved w/
conditions
ADMN20-00068 Minor site plan with an environmental exemption Single-Family Residential
Approved w/
conditions
ADMN20-00056 Minor site plan Single-Family
Residential
Approved w/
conditions
ADMN20-00062 Minor site plan with an environmental exemption Single-Family Residential
Approved w/
conditions
ADMN20-00066 Minor site plan with an environmental exemption Single-Family Residential
Approved w/
conditions
ADMN20-00080 Minor site plan with an environmental exemption Single-Family Residential
Approved w/
conditions
ADMN20-00082 Minor site plan with an environmental exemption Single-Family Residential
Approved w/
conditions
ADMN20-00100 Minor site plan with an environmental exemption Single-Family Residential
Approved w/
conditions
ADMN20-00107 Minor site plan with an environmental exemption Single-Family Residential
Approved w/
conditions
Annual Progress Report 23 March 2021
City of Victorville General Plan
Table 4. Entitlements Approved in 2020
Plan Number Description Project Type Plan Status
ADMN20-00104 Minor site plan with an environmental exemption Single-Family Residential
Approved w/
conditions
ADMN20-00106 Minor deviation from the maximum allowable lot coverage with an environmental exemption
Single-Family
Residential
Approved

3.2 Capital Improvements Program
The City has completed 13 capital improvement projects, totaling more than $18.9 million. Table 5 includes a breakdown of capital improvement projects by project type.

Table 5. Capital Improvement Projects Approved in 2020
Project Type Number of Projects Cost
Roads 4 $7,189,383
Water 4 $6,245,384
Traffic Signals 1 $1,854,832
Sewer 2 $2,233,827
Parks 2 $1,417,450
Total 13 $18,940,876

3.2.1 Roads
In 2020, four road projects were completed, totaling more than $7.1 million. Table 6 indicates the project name and cost.

Table 6. Road Capital Improvement Projects Approved in 2020 Project Name Cost
Emergency Repairs Amethyst and La Mesa $316,402
Bear Valley Road Bike Path at Victor Valley College $1,203,987 Safe Route to School $4,350,172
Third Avenue Road Improvement $1,318,822
Total $7,189,383
Emergency Repairs Amethyst and La Mesa – Emergency repairs were made after a sink hole was caused by failure of a 30-year old spiral-ribbed storm drain crossing at Amethyst Road and La Mesa Road.

Annual Progress Report 24 March 2021
City of Victorville General Plan
Bear Valley Road Bike Path at Victor Valley College – A bike path connecting the Mojave Riverwalk to Jacaranda Avenue at the Victor Valley College was constructed. A concrete path was constructed to separate bike and pedestrian traffic from Bear Valley Road.

Safe Route to School – Improvements were made to provide safer routes for pedestrians to access seven schools within the City limits and three schools in the City of Adelanto. The school sites were determined by a Safe Route to School Committee. Improvements included street shoulder widening, curbs, gutters, sidewalks, school zone safety flashing beacons, crosswalk safety flashers, traffic signals at Mesa Linda/La Mesa and Mesa Linda/Luna, storm drain box culvert improvements, and driver speed feedback signs.

Third Avenue Road Improvement – The following five locations were included with this project:

1. Third Avenue (Nisqualli Road to Green Tree Boulevard) – Work included the reconstruction of deteriorated pavement and replacement of water services.

2. Herbert Street (Amethyst Road to University Preparatory School) – Work included the construction of a new road to reduce traffic congestion and to improve public safety.

3. Balsam Road (near Sitting Bull Street) – Work included the construction of a retaining wall adjacent to a headwall at the wash to improve maintenance access during storm events.

4. Perimeter Road (south of the Industrial Wastewater Treatment Plant) – Work included the construction of a road to improve emergency access response times and access to the Industrial Wastewater Treatment Plant.

5. Mojave Riverwalk Bike Path (in Mojave Narrows Regional Park by Pelican Lake) – Work included the construction of a parkway culvert to improve drainage.

3.2.2 Water
In 2020, four water projects were completed, totaling more than $6.2 million. Table 7 indicates the project name and cost.

Table 7. Water Capital Improvement Projects Approved in 2020 Project Name Cost
Eureka Warehouse Landscape $44,994
Amethyst Pumping Station $4,601,013
Pump to Waste Wells 122 and 123 $311,377
Area 4 Service Line Replacement $1,288,000
Total $6,245,384
Eureka Warehouse Landscape – Improvements were made in association with the block wall around the Victorville Water District Warehouse at Hesperia Road/Eureka Street. The work included irrigation, drought-tolerant vegetation, decorative rock, and boulders.

Annual Progress Report 25 March 2021
City of Victorville General Plan
Amethyst Pumping Station – This new pumping station allows water transfers from Water Improvement District 1 (Pressure Zone 3290) to Water Improvement District 2 (Pressure Zone 3485). It also enables blending of water from the Mojave Water Agency with the Victorville Water District to help meet state drinking water requirements.

Pump to Waste Wells 122 and 123 – A 20,000-gallon underground water storage tank and seepage pits were installed at two well sites according to recommendations from the State Water Resources Control Board to flush startup well water before pumping it into the potable water distribution system. The flushing prevents contamination of drinking water from sediment.

Area 4 Service Line Replacement – Plastic water service lines were replaced with more durable copper service lines north of Bear Valley Road and south of Luna Road. A total of 715 water services were replaced.

3.2.3 Traffic Signals
In 2020, one traffic signal project was completed, totaling more than $1.8 million. Table 8 indicates the project name and cost.

Table 8. Traffic Signal Capital Improvement Projects Approved in 2020 Project Name Cost
La Mesa and 395 Traffic Signal $1,854,832
Total $1,854,832
La Mesa and 395 Traffic Signal – A new traffic signal and turn pockets were installed at the intersection of U.S. Route 395 and La Mesa Road. Approximately 0.3 mile of new road connecting La Mesa Road to U.S. Route 395 between Cantina Road and Pena Road was also constructed.

3.2.4 Sewer
In 2020, two sewer projects were completed, totaling more than $2.2 million. Table 9 indicates the project name and cost.

Notes: SCLA = Southern California Logistics Airport
Sewer Structural Rehabilitation –
Approximately 7,915 linear feet of aging and deteriorating sanitary sewer mains were replaced with new durable polyvinyl chloride (PVC) SDR-35 sewer Table 9. Sewer Capital Improvement Projects Approved in 2020 Project Name Cost
Sewer Structural Rehabilitation $1,796,632
SCLA Industrial Sewer Manhole Rehabilitation $437,195
Total $2,233,827
Annual Progress Report 26 March 2021
City of Victorville General Plan
mains. Existing manhole bases were improved, and new manholes were installed. Existing sewer laterals were repaired and reconnected.

SCLA Industrial Sewer Manhole Rehabilitation – In total, 48 industrial sewer manholes at the SCLA were cleaned and epoxy lined. New composite lids were installed.

3.2.5 Parks
In 2020, two park projects were completed, totaling more than $1.4 million. Table 10 indicates the project name and cost.

Table 10. Parks Capital Improvement Projects Approved in 2020 Project Name Cost
Skate Park at Doris Davies $1,040,139
Doris Davies Amenities $377,311
Total $1,417,450
Skate Park at Doris Davies – A 15,600-square-foot skate park was constructed at Doris Davies Park adjacent to the Hughes Road entrance.

Doris Davies Amenities – This project included grading and utility connections (electricity, water, and sewer) for two public restrooms, sidewalk for access to the restrooms, and a drinking fountain at Doris Davies Park adjacent to the Hughes Road entrance.

Attachment ‘B’ City of Victorville General Plan Housing Element Annual Progress Report
This page intentionally left blank.

Item Number: 15
City Council / Board of Directors
Written Communications
Meeting of: February 15, 2022
Submitted By:

Brenda Hampton, Director of Electric Utility Services

Subject:

Award of Construction Agreement to Pacific Utility Installation, Inc. (“PUI”) for the Substation Expansion Project and Circuit 40 and 50 extensions at the Southern California Logistics Airport (“SCLA”)
Recommendation:

Fiscal Impact:

The total Fiscal Impact for Project #EE22-053 is $3,459,220. On March 19, 2019, the City Council adopted Resolution No. 19-010 approving the mid-year amendment to the 2018- 2019 fiscal year budget. VMUS submitted capital improvement projects during the 2018- 2019 mid-year budget for such upgrades and the allocation of the funds were approved by Council. The funds are now ready to be utilized for the project and are budgeted in account # 4202076-55080-30054.

Account No. Contract Budget Amount Budget Description
4202076-55080-30054 $3,459,220 SCLA Capacity Upgrade –
Infrastructure Improvement
Background:

Victorville Municipal Utility Services (“VMUS”) currently provides electric service to customers located at the Southern California Logistics Airport (“SCLA”) via a 33kv Southern California Edison (“SCE”) interconnection. This line is a radial feed shared with other SCE customers and VMUS is at the end of this feed. The current capacity limits on the distribution line will impede VMUS’ ability to support customer growth and expansion if no action is taken. The maximum distribution capacity under the current terms of SCE’s Wholesale Distribution Access Tariff (“WDAT”) for this line is 17.34 MW. With the growth 2 4
3 2
of industry at SCLA over the last few years, VMUS is nearing this limit. In 2021, SCLA peak load reached 15.3 MW.

On February 1, 2022, the City Council approved the execution of an Interconnection Facilities Agreement and Service Agreement for Wholesale Distribution Service with Southern California Edison (“SCE”). This will allow SCE to install additional interconnection facilities and make distribution system upgrades to increase the capacity available on VMUS’ 33kv interconnection.

In addition to the required interconnection and system upgrades to be completed by SCE, VMUS must concurrently work on the expansion of its substation and circuit extensions to allow for the increase in capacity. On May 4, 2021, the City Council approved the purchase of three 10000 KVA transformers which will be utilized to distribute the increase in Capacity and will be installed during the substation expansion project. The addition of these three transformers, a capacitor bank, DC battery backup, the installation of two additional circuits, instrumentation and infrastructure will be required to support the full increase in capacity.

Discussion:

In accordance with VMC §2.28.210, on October 22, 2021, the project was advertised in the Daily Press. The project was also posted on the internet via Ebidboard. A mandatory pre-bid meeting was conducted on October 28, 2021. A total of six Contractors attended the job walk. Bids were due and opened on December 16, 2021. The following three bids were received:

Contractor: Location: Bid Amount:

Pacific Utility Installations, Inc. Corona, CA $3,459,220 Henkels & McCoy, Inc. Pomona, CA $3,189,401 E.E. Electric, Inc. Jurupa Valley, CA $4,567,342 Each submission was reviewed by VMUS and Purchasing staff, in consultation with the City’s legal team. The lowest price bid was not fully responsive; therefore, PUI was selected based on their responsiveness and bid price of $3,459,220. The contract award presented herein has been competitively solicited in accordance with the prescribed VMC. VMUS staff recommends that your Honorable City Council award a Construction Agreement to PUI.

Staff remains available for any questions that the City Council may have.

Attachments: A. Site Map
B. Construction Agreement
C. Municipal Code 2.28.210

ATTACHMENT A
Site Map
18 A
B
7 6 5
C
D
8 7 6 5
4 3 2
B
4 32
C
D
1 Integrated Engineers & Contractors Corporation
8795 Folsom Blvd, Suite 205 Sacramento, CA 95826 Phone (916) 383-6000 Fax (916) 383-6010 A

SOUTHERN CALIFORNIA LOGISTICS AIRPORT (SCLA)

SUBSTATION EXPANSION
VICTORVILLE, CA 92392

VICINITY MAP
T2.1 D
13756 MUSTANG ST.

ATTACHMENT B
Construction Agreement

1 Construction Agreement/Pacific Utility Installation, Inc./Project ES22-053

CONSTRUCTION AGREEMENT

BY AND BETWEEN

THE CITY OF VICTORVILLE

VICTORVILLE MUNICIPAL UTILITY SERVICES
AND
PACIFIC UTILITY INSTALLATION, INC.

FOR
SUBSTATION EXPANSION PROJECT, CIRCUIT 40 & 50 EXTENSIONS, ALUMINUM CABLE, PROJECT ES22-053

THIS CONSTRUCTION AGREEMENT (the “Agreement”) is made and entered into by and between the City of Victorville, a municipal corporation located in the County of San Bernardino, State of California, hereinafter referred to as the “City”, Pacific Utility Inst allation, Inc., a California corporation, hereinafter referred to as the “Contractor”. The City and the Contractor are sometimes hereinafter referred to as a “Party” and collectively referred to as the “Parties.”

RECITALS:

WHEREAS, the City requires Substation Expansion Project, Circuit 40 & 50 Extensions, Aluminum Cable, Project ES22-053; and

WHEREAS, in light of the facts set forth above, the City desires to retain Contractor in connection with Substation Expansion Project, Circuit 40 & 50 Extensions, Aluminum Cable; and

NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS, AND

PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE CONSIDERATION, 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 herein.

Section 2. TERM OF AGREEMENT

This Agreement shall commence within Fifteen (15) Calendar Days after issuance of Notice to Proceed (the “Commencement Date”) and shall terminate upon completion of the Project, Ninety (90) Calendar Days after Commencement Date (the “Termination Date”), unless sooner terminated in accordance with the provisions of this Agreement (the “Term”). 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 3 below.

Section 3. 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 thirty (30) days advance written notice of s uch termination or suspension. In the event of such 2 Construction Agreement/Pacific Utility Installation, Inc./Project ES22-053

termination, the City shall only be liable for payment under the payment provisions of this Agreement for satisfactory work 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 ten (10) days advance written notice of such termination or suspension. In the event of such termination, the City shall only be liable for payment under the payment provisions of this Agreement for satisfactory work rendered or supplies actually furnished prior to the effective date of termination.

Section 4. CONTRACT DOCUMENTS; PRIORITY

a. Contract Documents. The Contract Documents consist of the following documents, all of which are either attached hereto as exhibits or are incorporated herein by this reference.

Said Contact Documents are intended to be correlative and constitute Co ntractor’s performance obligations:

1. This Agreement.

2. All applicable Addenda.

3. Exhibits A & B.

4. Notice Inviting Bids for the Project.

5. Specifications for the Project.

6. Special Provisions.

7. Accepted Proposal.

8. List of Subcontractors.

9. Faithful Performance and Payment Bonds.

10. Non-Collusion Declaration.

11. Guaranty.

b. Interpretation. In the event of any conflict between any of the Contract Documents, the document highest in the order of precedence (from highest to lowest), as set forth in Subsection 4.a above shall control.

Section 5. CONTRACTOR’S OBLIGATIONS

Contractor shall complete the Project as specifically set forth in the Contract Documents.

Contractor shall furnish, at its own cost and expense, all labor, services, material, tools, equipment, supplies, transportation, and any other items and facilities necessary therefore, as provided in the Contract Documents.

Section 6. COMPENSATION

The Contractor agrees to receive and accept the following cumulative not to exceed amount of Three Million Four Hundred Fifty- nine Thousand Two Hundred Twenty and 00/100 Dollars (3,459,220.00), as full compensation for furnishing all materials, doing all the work contemplated and embraced in this contract, all loss or damage arising out of the nature of the work aforesaid, the action of the elements, any unforeseen difficulties or obstructions which may arise or be encountered in the execution of the work until its acceptance by the City, and for all risks of every description connected with the work, all expenses incurred by or in consequence of the suspension or discontinuance of work well and faithfully completing the whole work, thereof, according to the requirements of the agreement documents and to the satisfaction of Brenda 3 Construction Agreement/Pacific Utility Installation, Inc./Project ES22-053

Hampton, Director of Electric Utility Services, or her des ignee, to wit: See Exhibit “A”, Scope of Work.

Section 7. CONTRACTOR’S PROPOSAL

The City shall pay Contractor as provided in the Contractor’s Proposal, for the Aluminum Cable pricing only, attached hereto as Exhibit “B”, and incorporated herein by this reference as though set forth in full, subject to approval of the City, when applicable.

Section 8. PREVAILING WAGES

a. In accordance with the provisions of the California Labor Code (1720,1770-1776, 1810, 1813 and 1815) , the State Director of Industrial Relations has determined the general prevailing rates of per diem wages in the locality where the Project is to be done. Copies of the updated Wage Determination rates are available from the State of California via the internet at www.dir.ca.gov
. Additionally, copies of the prevailing rate of per diem wages are on file at the City of Victorville Finance Division and shall be made available for review to any interested party on request. Notwithstanding anything in the Contract Documents to the contrary, Contractor and all subcontractors shall pay not less than said specified State of California rates to all workers employed by them in the execution of the work contemplated by this Contract. Contractor shall be responsible for using the correct and current prevailing wage rates.

b. AB219 (as applicable) adds Section 1720.9 to the Labor Code, the hauling and delivery of ready-mixed concrete to carry out a public works contract, with respect to contracts involving state agency or any political subdivision of the state. Section 1720.9 defines the term “ready-mixed” concrete and specifies that the rate of pay shall be the current prevailing wage “for the geographical area in which the factory or batching plant is located” as determined by the DIR. The statute also requires a written agreement between the party hauling or delivering the ready-mixed concrete and the party that engaged its services.

c. The delivery company shall provide certified payroll records under Labor Code section 1776(a) to the party that engaged its services and to the general contractor within five working days after the employee has been paid, accompanied by a written time record within five working days after the employee has been paid, accompanied by a written time record. The time record must be certified by each driver for the performance of job duties.

d. Contractor shall be solely responsible for using the correct wage decision or determination and performing accordingly. An error on the part of any awarding body does not relieve the Contractor from the responsibility for payment of the correct State prevailing wage and compliance with the maintenance and inspection of payroll records, posting of prevailing wage rates at work site, employment of apprentices, and other requirements of California Labor Code Section 1720, et seq.; California Code of Regulations, Title 8, Section 16000 et seq .; and all other applicable State labor laws. Contractor further acknowledges and agrees that it will be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with those laws. Contractor will require the same of all its subcontractors.

NOTE: Confirmation of certified payroll submittal to the Department of Industrial Relations (DIR) is required with each invoice to the City. Payment of the invoice may be delayed when proof of certified payroll submittal is not included with the Contractor’s invoice.

4 Construction Agreement/Pacific Utility Installation, Inc./Project ES22-053

Section 9. WORKERS’ COMPENSATION INSURANCE

Contractor shall procure and maintain, at its own expense, during the Term of this Agreement, workers’ compensation insurance, providing coverage as required by the California State Workers’ Compensation Law. If any class of employees employed by Contractor is not protected by the California State Workers’ Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the City.

In conformance with current statutory requirements of Section 1860 et seq., of the Labor Code of the State of California, the undersigned confirms the following as their certification:

I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions before commencing the performance of the work of this contract.

Section 10. NOTICE TO PROCEED

No work, service, material, or equipment shall be performed or furnished under this Contract unless and until a Notice to Proceed has been given to the Contractor by the City.

Contractor shall commence work pursuant to the Contract Documents as directed by the City in the Notice to Proceed, and to diligently execute the same to completion within the time limits set forth in the Contract Documents.

Section 11. COMPLIANCE WITH LAWS

Contractor shall comply with all local, state, and federal laws and regulations applicable to the performance of the work required by the Contract Documents, including any rule, regulation, or bylaw governing the conduct or performance of Contractor, its employees, officers, board members, agents, independent contractors, and subcontractors. Unless otherwise specified in the Contract Documents, all required permits and licenses shall be held or obtained by the Contractor at its sole expense.

Section 12. COMMERCIAL GENERAL AND AUTOMOBILE LIABILITY

INSURANCE

Contractor shall procure and maintain at its own expense, during the term of this Agreement, com mercial 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 the Contractor or its officers, employees, servants, volunteers, and agents and independent contractors.

Contractor shall further procure and maintain, at its own expense, during the Term of this Agreement, commercial vehicle liability insurance cov ering personal injury and property damage, of not less than One Million Dollars ($1,000,000) Combined Single Limit , covering any vehicle(s) utilized by Contractor or its officers, employees, servants, volunteers, or agents and independent contractors in performing the services required by this Agreement.

5 Construction Agreement/Pacific Utility Installation, Inc./Project ES22-053

Section 13. COURSE OF CONSTRUCTION/INLAND MARINE INSURANCE

Contractor, and or any of its subcontractors, suppliers, vendors, employees, or person whom it performing any work under this agreement shall purchase, and maintain insurance to the full contract and insurable value thereof commonly referred to as a Course of Construction, Builders’ Risk, or an Inland Marine policy that offers “Installation” coverage for all materials, supplies, equipment, and property obtained by, or for Contractor, which is to become part of the work while such equipment and property is stored at the jobsite, at temporary locations, or while in transit to the project from such temporary locations. Contractor, and or any of its subcontractors, suppliers, vendors, employees, or person whom is performing any work under this agreement shall also be responsible for insuring their owned, leased/rented or borrowed equipment. Insurance should also include a Loss Payee, and a Waiver of Subrogation Endorsement(s) in favor of the City of Victorville.

Section 14. ADDITIONAL INSURED

Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers' Compensation coverage, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers, and agents and independent contractors, including, without limitation, the City Attorney, are named as Additional Insureds.

Section 15. WAIVER OF SUBROGATION RIGHTS

Contractor shall r equire the carriers of all required insurance policies to waive all rights of subrogation against the City and its officers, volunteers, employees, contractors, and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver.

Section 16. PROOF OF INSURANCE COVERAGE; REQUIRED PRIOR TO

COMMENCEMENT OF SERVICES

a. Contractor shall secure from a good and responsible company or companies authorized to do insurance business in the State of California the policies of insurance required by this Agreement and furnish to the City Clerk certificates of said insurance at least one (1) day prior to the commencement of any services to be performed under this Agreement.

b. The certificates of insurance shall bear an endorsement whereby it is provided that, in the event of cancellation or amendment of any required insurance policy for any reason whatsoever, the City shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. In the case of non -payment, ten (10) days’ advance written notice shall be given.

c. The certificates of insurance shall bear an endorsement whereby it is provided that the respective insurance policy shall not be terminated or expire without first providing thirty (30) days written notice to the City of such termination or expiration.

d. The certificates of insurance shall indicate that the respective insurance policy will be maintained throughout the Term 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 Contract , Contractor’s service 6 Construction Agreement/Pacific Utility Installation, Inc./Project ES22-053

coverage shall be pri mary with respect to the City. Any insurance maintained by the City shall be in excess of Contractor’s insurance and shall not contribute to it.

Section 17. TIME OF THE ESSENCE

Time is of the essence in the performance of this Agreement.

Section 18. INDEMNIFICATION

Notwithstanding the limits of any insurance, Contractor shall indemnify the City, its officials, officers, agents, volunteers and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the negligent performance of the work, opera tions or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising or alleged to arise from the negligent acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, but excluding such claims or liabilities or portion of such claims or liabilities arising or alleged to arise from the negligence or willful misconduct o f the City its officials, officers, agents, volunteers or employees, and in connection therewith:

a. Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith;

b. Contractor will promptly pay any judgment rendered against the City, its officials, officers, agents or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor's (or its agents', employees', subcontractors' or invitees') negligent performance of or failure to perform such work, operations or activities hereunder; and Contractor agrees to save and hold the City, its officials, volunteers, officers, agents, and employees harmless there from;

c. In the event the City, its officials, officers, agents, volunteers or employees is made a Party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor shall pay to the City, its officials, volunteers officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel acceptable to City;
d. Contractor's duty to defend and indemnify as set out in this Section shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances control Act, the Clean Air Act, the Clean Water Act, the California Hazardous 7 Construction Agreement/Pacific Utility Installation, Inc./Project ES22-053

Substance Account Act, the California Hazardous W aste Control Law or the Porter -Cologne Water Quality Control Act, as any of those statutes may be amended from time to time;

The Contractor's indemnification obligations pursuant to this Section shall survive the termination of this Agreement. Contractor shall require the same indemnification from all subcontractors.

Section 19. REPORTS

Upon request by Brenda Hampton, Director of Electric Utility Services, or her designee, Contractor shall prepare and submit reports concerning Contractor's performance of the work required by this Agreement.

Section 20. RECORDS

a. Contractor shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable Brenda Hampton, Director of Electric Utility Services, or her 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. Brenda Hampton, Director of Electric Utility Services, or her, 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 Contractor hereunder shall be retained by Cont ractor and made available to Brenda Hampton, Director of Electric Utility Services, or her designee, for purposes of performing an audit for a period of five (5) years from the date of termination of this Agreement.

Section 21. MODIFICATIONS AND AMENDMENTS

This Agreement may be modified or amended only by a written instrument signed by both Parties.

Section 22. ENTIRE AGREEMENT

a. This Agreement supersedes any and all prior or contemporaneous agreements, either oral or written, between the City and Contractor with respect to the subject matter of this Agreement.

b. The Contract Documents contain all of the covenants and agreements between the Parties with respect to the subject matter herein, and each Party 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 and the Contract Documents.

c. No agreement, statement, or promise with respect to the subject matter of the Contract Documents, which is not contained in the Contract Documents, or in a valid modification or amendment to the Contract Documents, shall be valid or binding on either Party.

8 Construction Agreement/Pacific Utility Installation, Inc./Project ES22-053

Section 23. 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 Construction Agreement and Exhibit “B”, the terms of this Construction Agreement shall control and nothing set forth in Exhibit “B” shall be deemed to supersede any of the provisions of this Construction Agreement.

Section 24. NOTICES

a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal servic e or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the Parties as follows:

To the City: Brenda Hampton,
Director of Electric Utility Services
Victorville Municipal Utility Services
City of Victorville
14343 Civic Drive
Victorville, CA 92392

To Contractor: Dave Pettersen, Director of Utility Services Pacific Utility Installation, Inc.
1585 Harmony Circle
Anaheim, CA 92807

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 25. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES

No officer or employee of the City shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to Contractor or to its successor(s), or for any breach of any obligation of the terms of this Agreement.

Section 26. REVIEW BY ATTORNEYS

Each Party hereto has had its attorneys review this Agreement an d all related documents. Each Party hereto has consulted with its attorneys and has negotiated the terms of this Agreement based on such consultation.
9 Construction Agreement/Pacific Utility Installation, Inc./Project ES22-053

Section 27. CARE OF WORK

Contractor must adopt reasonable methods during the life of the Agreement to furnish continuous protection to t he work, and the equipment, materials, papers, documents, plans, studies and other components to prevent losses or damages, and will be responsible for all damages, to persons or property, until acceptance of the work by the City, except those losses or damages as may be caused by the City’s own negligence. The performance of the work by Contractor or the payment of money by the City shall not relieve Contractor from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to the City, when such inaccuracies are due to the negligence of Contractor.

Section 28. 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 29. 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 30. GENDER; PLURAL

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 31. 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 32. GOVERNING LAW

Section 33. CUMULATIVE REMEDIES

Except with r espect to rights and remedies expressly declared to be exclusive 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.

10 Construction Agreement/Pacific Utility Installation, Inc./Project ES22-053

Section 34. VENUE

Section 35. ATTORNEY'S FEES

Should any litigation, specifically including but not limited to, arbitration and other non - judicial resolution of disputes be commenced between the Parties to this agreement concerning this agreement or the rights and duties of either i n relation thereto, the Parties prevailing in such litigation or other proceeding shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for attorney fees in such litigation where the proceeding which, if not agreed upon by the Parties, shall be determined by the court or other entity in which such litigation or other proceeding is brought.

Section 36. EFFECTIVENESS OF AGREEMENT

This Agreement shall not be binding upon the City, until signed by the authorized representative(s) of Con tractor, approved by the City’s Risk Manager, and executed by the authorized City personnel or Mayor.

Section 37. 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 38. 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)

11 Construction Agreement/Pacific Utility Installation, Inc./Project ES22-053

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the dates written below.

THE CITY OF VICTORVILLE PACIFIC UTILITY INSTALLATION, INC.

By:_______________________________ By:_________________________________ Keith C. Metzler Dave Pettersen,
City Manager Director of Utility Services

Dated:______________________________ Dated:______________________________

ATTEST

By:________________________________
Jennifer Thompson,
City Clerk

Dated:_____________________________

THE CITY OF VICTORVILLE APPROVED AS TO STANDARD FORM

By:________________________________ By:________________________________ Lee Brown, Andre de Bortnowsky,
Risk Manager City Attorney

Dated:______________________________ Dated:_____________________________

12 Construction Agreement/Pacific Utility Installation, Inc./Project ES22-053

EXHIBIT A

SCOPE OF WORK

City agrees to engage Contractor and Contractor agrees to furnish all necessary labor, tools, materials, and equipment for and do the Work for the Project. The Contractor shall provide Aluminum Cable in lieu of Copper. The Work shall be performed in accordance with: (i) the Plans and Specifications and applicable Addenda (as generally described in the Request for Bid, Project Number ES22-053, for the Project, portions of which are attached hereto for ease of reference as Exhibit "A", and the entirety of w hich is currently on file in office of the City Clerk ); and (ii) the prices set forth in Contractor’s Bid Proposal (attached as Exhibit "B");

See Attachment

ES22-053 SUBSTATION EXPANSION PROJECT, CIRCUIT 40 & 50 EXTENSIONS, PROJECT ES22-053

SCOPE OF WORK
SUBSTATION EXPANSION PROJECT, CIRCUIT 40 & 50 EXTENSIONS:

The Contractor will be required to furnish and install all materials and equipment called out on the “SUBSTATION EXPANSION” BILL OF MATERIALS Excluding: 3 – 10 MVA Transformers and connecting SEL – 735 Power quality meters for those pieces of equipment. These 3 transformers and the 3 PQM’s for those transformers will be furnished by Victorville Municipal Utility Services and installed by the Contractor.

The Contractor will be required to furnish all materials and equipment called out on the “ CIRCUIT 40 & 50 EXTENSION” Plans BILL OF MATERIALS on Drawing E-77 of the “CIRCUIT 40 & 50 EXTENSION” Plans.

The Contractor will be required to complete all necessary trenching to install all items called out on the set of plans. The contractor will be required to backfill all trenching required as shown on “Substation Expansion” and “CIRCUIT 40 & 50 EXTENSION” Plans. VMUS will give a location close to work site for all spoils.

The Contractor will be responsible for all road repairs per city standards where trenching through streets were required to install portions of the project, traffic control plans will be needed for all work done in active roadways.

The contractor will be required to commission all installed equipment in coordination with VMUS staff.

All required outages and equipment switching will be coordinated with VMUS staff

RECORD DRAWINGS
The Contractor shall furnish to VMUS a complete set of “as constructed” drawings which clearly indicate all deviations from the basic contract documents, including location and depth for all stubbed conduits, location and size of spare conduits, conduit routing and conductors circuit numbers for all devices (new and existing) within the area of work shall be verified and indicated on record drawings.

EQUIPMENT TAGGING AND MARKING
Each piece of equipment shall be labeled with the equipment ID given on the attached sets of plans, all cabling shall be labeled with the location it is being fed from and location it is feeding.

EQUIPMENT DATA
Contractor data requirements shall include all necessary data, documents, drawings, manuals and information to purchase, design and construct the facility and operate and maintain the equipment.

Multiple items indicated may be satisfied by single documents.

EXHIBIT A
13/Construction Agreement/Pacific Utility Installation, Inc./Project ES22-053 14 Construction Agreement/Pacific Utility Installation, Inc./Project ES22-053

EXHIBIT B
C
ONTRACTOR’S BID PROPOSAL
See Attachment

EXHIBIT B
15/Construction Agreement/Pacific Utility Installation, Inc./Project ES22-053

ATTACHMENT C
VMC 2.28.21
8/25/2021 Victorville, CA Code of Ordinances
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2.28.210 - Public works contracts in excess of ve hundred thousand dollars; formal bidding procedures.

Except as otherwise provided in this article, a public works project with an estimated cost of more than five hundred thousand dollars including any contingency established for change orders, shall be let to contract using the formal bid procedures set forth in this section.

The formal bidding procedures are as follows:

Publication. A notice inviting formal bids shall be published at least once in a newspaper(s) of general circulation in the city not less than fourteen calendar days prior to the bid opening. Such formal notice inviting bids shall also be mailed to all construction trade journals, as determined by the project engineer or city manager as appropriate for the area, at least fourteen calendar days prior to the date of opening the bids. The city manager or project engineer may also give such other notice as they deem appropriate.

Notice contents. The notice of inviting formal bids shall state the time and place for receiving and opening of sealed bids, distinctly describe the project, require that the name of the bidder, the project title, and the term "bid" be written or otherwise affixed on the front of the envelope containing the bid, and contain a statement that bids received after the submission deadline (or in the improper place) shall be returned unopened.

Bid opening procedures. Sealed bids shall be submitted to the place designated in the notice inviting bids and shall be opened by the city clerk's staff in public at the time and place stated in the notice of inviting bids.

A written record and tabulation shall be made at that time of all bids received, and any bids submitted after the deadline specified in the notice inviting bids (or bids submitted to the improper place) shall be returned unopened.

Determination of best value bidder. The city manager, in consultation with the city engineer/project manager, shall:

Make an analysis of the bids for compliance with the general bid terms and the technical bid specifications;
Rank the bidders from highest to lowest, based on the factors set forth in section 2.28.040 (the highest ranking bidder shall be the best value bidder); and
Prepare a recommendation to the city council for rejection of all bids or award to the best value bidder.

Award. The city council has the authority and discretion to award the contract or reject any or all bids on public works projects solicited under the formal bid process set forth in this section.

If responsive and responsible bids are received and no decision to reject all bids is made, the city council shall make award of the contract to the best value bidder, even if such bidder did not submit the lowest monetary bid, provided that the award amount is within the unencumbered appropriation for that item.

The factors from section 2.28.040 upon which the award was based shall be set forth in writing. Upon the refusal or failure of the best value bidder to execute the contract, the city council may award the contract to the next highest ranking best value bidder.

Tie bids. If two or more bids received are for the same total amount or unit price, quality and service being equal, the city council may accept the one it chooses based upon a straw vote.

No bids. If no bids are received, the project may be let pursuant the informal bid procedures set forth in section 2.28.200, or the city manager may request that the city council authorize procurement using section

2.28.190.
(Ord. No. 2381 , § 2, 9-18-18)
Item Number: 16
City Council / Board of Directors
Written Communications
Meeting of: February 15, 2022
Submitted By:

Keith C. Metzler, City Manager
Subject:

Consideration of Allocating Funds to the California Route 66 Museum through the American Rescue Plan Act (ARPA)
Recommendation:

That the Honorable City Council authorize staff to proceed with the allocation of funds to the California Route 66 Museum in the amount of $31,336 through ARPA.

Fiscal Impact:

The allocation of funds to the California Route 66 Museum will be funded from the Community & Small Business Recovery category that was approved by the City Council as part of the ARPA spending plan on July 20, 2021 under Resolution No. 21-072. The amount recommended for allocation to this program is $31,336 and was budgeted in Fiscal Year 2021/2022 under ARPA Contract Services (2770010-52300).

No additional appropriation is required.

Background:

The American Rescue Plan Act of 2021 is a $1.9 trillion economic stimulus bill passed by the 117th United States Congress as H.R. 1319 and signed into law by President Joe Biden on March 11, 2021. The main objective of the act is to speed up the United States' recovery from the economic and health effects of the COVID-19 pandemic and the ongoing recession. Under section H.R. 1319, Subtitle M, Section 603, details were provided for eligible uses of the funds appropriated to the City into four criterions:

1. To respond to the public health emergency with respect to COVID-19 or its negative economic impacts;

2. To respond to workers performing essential work during the COVID-19 public health emergency by providing premium pay to eligible workers; 2 4
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3. For the provision of government services to the extent of the reduction in revenue due to the COVID-19 public health emergency relative to revenues collected in the most recent full fiscal year prior to the emergency; and

4. To make necessary investments in water, sewer, or broadband infrastructure.

The California Route 66 Museum has been opened since 1995 and in addition to a museum, supports wounded warriors, hosts classic car and motorcycle car shows and offers tours to visitors both domestic and international. In mid-January, the Director of the California Route 66 Museum contacted the City inquiring assistance with necessary funding to keep the historic museum open. The museum has faced economic disruptions caused by the COVID-19 pandemic and has recently depleted the funds that are needed to keep this iconic attraction operable. Prior to the pandemic, the museum had an average of approximately 65,000 visitors each year. Since the pandemic began in March of 2020, the museum has had a total of 3,180 visitors. This decline in visitors has caused the museum to utilize their reserves to pay for rent, utilities, and unexpected building repairs.

The museum relies on sales from the gift shop to pay for these expenses and because the pandemic has limited visitors, it has caused their reserves to be exhausted.

Discussion:

The City has made it a priority to increase its efforts to enhance businesses within the Old Town Victorville area and to that extent, the California Route 66 Museum is considered a regional attraction in the Old Town Victorville Specific Plan. To continue revitalizing the Old Town area, it is important for the museum to remain operable as a regional attraction to promote an attractive and pedestrian-oriented Old Town that reflects its historic character.

Due to the inability to host visitors and reduction of gift shop sales, the California Route 66 Museum is facing financial challenges. In recent cases, the expenditures required to meet museum needs have increased despite revenue streams not keeping pace. To support the request, staff has received and reviewed financial statements for the California Route 66 Museum and based on that review, staff believes the request and support for funding as the recommended level is justified.

Ms. Bridges, who has been the Director for seven years and has been with the museum for over nine years has continued to operate the museum with positive cash flows up until the pandemic. Prior to the pandemic, the museum had four paid positions and 19 volunteers. Thus far, the museum is unable to pay these positions due to the decline in sales at the gift shop and has seen a decrease of volunteers down to 11. The need for staffing has declined since the museum has taken precautionary measures to mitigate the spread of COVID-19.

To meet the financial demands for museum operations, the California Route 66 Museum has done or plans to do the following:
Resume Tours. The museum has started booking tours beginning in April. 2 4
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Coordinating with Bus Tour Agency. These bus tours are generally international visitors and have recently scheduled tours in the coming months. Re-open Gift Shop. Plans are in place to re-open the gift shop to a pre-pandemic operating schedule of five days a week instead of the current three.

Though the museum is trying to meet the financial needs, the situation has resulted in a shortfall of funds and will soon be incurring debt to keep the museum running. Some of the contributing factors that led to the museums financial decline are as follows:
Decline in Gift Shop Sales. Sales from the gift shop are the museums primary revenue source.
Decline in Tours. A decline from visitors on tours has caused the museum to see a drastic reduction on gift shop sales.
Limited Number of International Visitors due to COVID-19. International visitors and scheduled bus tours have halted visiting the museum to prevent the spread of COVID-19.

After reviewing and analyzing the museums financials, staff has confirmed that it has experienced a loss of revenue due to the COVID-19 pandemic. In 2020, the museum had a net loss of $31,336 and in 2021 had a net income of $1,464. With ongoing expenses, the museum is requesting $31,336 for lost reserves and to pay for future expenses until it is able to host the scheduled tours in April.

Staff recommends that the City Council authorize staff to proceed with the allocation of funds to the California Route 66 Museum in the amount of $31,336 through ARPA.

Staff remains available for any questions the City Council may have.

Attachments: None

Victorville City CouncilFebruary 15, 2022

Victorville City Council
February 15, 2022