Victorville City Council
April 5, 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, April 5, 2022
5:00 p.m. Closed Session
6:00 p.m. Regular Session
The City Council holds its business meetings in public in accordance with the requirements of the Ralph M.

Brown Act, its established policies and procedures, and its adopted parliamentary authority. The Council strives to carry out its meetings in an atmosphere of professionalism with full participation by members of the body and the public. As such, the Presiding Officer is empowered to govern City Council Meetings to foster the efficient and fair administration of City business and reserves the right to enforce (or cause to be enforced) the Meeting Rules of Conduct and Decorum as set forth in Chapter 5 of the City Council Policy and Procedures Manual.

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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. 5:00 p.m. Closed Session
Call to Order
Roll Call
Introduction to Public Comments
Public Comments for Closed Session Items
Declaration of Closed Session Item(s) by City Attorney

CITY COUNCIL
A. Conference with Legal Counsel- Existing Litigation
Pursuant to Government Code § 54956.9(d)(1)
Case name unspecified: (Disclosure would jeopardize existing settlement negotiations)
B. Conference with Legal Counsel- Existing Litigation
Pursuant to Government Code § 54956.9(d)(1)
Case name unspecified: (Disclosure would jeopardize existing settlement negotiations)
C. Conference with Legal Counsel- Existing Litigation
Pursuant to Government Code § 54956.9(d)(1)
Case name unspecified: (Disclosure would jeopardize existing settlement negotiations)
Recess to Closed Session
6:00 p.m. Regular Session
Call to Order
Roll Call
Closed Session Announcements by the City Attorney
Invocation: Father Pat Travers of High Desert Supply Priest Pledge of Allegiance: Police Captain John Wickum
Proclamations/Special Presentations
Presentation in recognition of the Rosales Family
A Proclamation declaring April as Alcohol Awareness Month to be presented to the High Desert Community Coalition in recognition of their community advocacy 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. Consideration of Introduction and First Reading of Ordinance No. 2425, adding a New Chapter 6.37 (Mandatory Organic Waste Disposal Reduction) to Title 6 (Health and Safety) of the Victorville Municipal Code and Revising Subsection 16-5.11.050(A) of Title 16, Chapter 5, Article 11 (Green Building Code) of the Victorville Municipal Code Recommendation:

That the Honorable City Council:
(1) Open the Public Hearing;
(2) Take public testimony;
(3) Close the Public Hearing;
(4) Introduce Ordinance No. 2425 for adoption and first reading by title only; and (5) Waive further reading in full of proposed Ordinance No. 2425.

CONSENT CALENDAR

2. Notice of Completion for the Building 728 Carpet Replacement Project #CC22-028 Recommendation:

That the Honorable Southern California Logistics Airport Authority Board of Directors:
(1) Approve the Notice of Completion for the Building 728 Carpet Replacement Project #CC22-028, and
(2) Authorize the Airport Director to execute said Notice of Completion.

3. Settlement Agreement between the City of Victorville and Haryadi Gunawan Tjitradjaja Recommendation:

That the Honorable City Council approve the Citation Settlement Agreement by and between Haryadi Gunawan Tjitradjaja and the City of Victorville in regard to Citation No. 25413 and Superior Court Case No. CIVSB2108816.

4. Commercial Demand Schedule No. 18
Recommendation:

That the City Council and Board of Directors ratify Commercial Demand Schedule No. 18 in the amount of $8,744,397.16, covering Electronic Fund Transfers No. 329196 through 329326 and Warrant No. 784831 through 785017 for 03/09/2022 through 03/16/2022 and Wire Transfers dated 03/11/2022, per the adopted budget for Fiscal Year 2021-2022 for the period covering July 1, 2021 through June 30, 2022.

5. Payroll Warrant List
Recommendation:

That the City Council and Board of Directors ratify the Payroll Demand Schedule No. 8B for Payroll Period February 04, 2022 through February 18, 2022, in the amount of $1,556,594.79 covering Check Nos. 32675 through Nos. 32694, including Vendor checks. Please note employee Check Nos. 32677 and 32682 have a live Check and an EFT Advice. Also included are Advice Nos. 285503 through 285943, per adopted budget for Fiscal Year 2021-2022 period covering July 1, 2021 through June 30, 2022.

6. Second Reading of Ordinance No. 2426
Recommendation:

That the City Council adopt, by second reading, Ordinance No. 2426 adopting the zone change portion of Case No. PLAN20-00009, a zone change to reclassify approximately two acres of a 12 acre project site from C-2 general commercial to R-4 very high density residential with a mitigated negative declaration on property located at the southeast corner of Balsam Road and the logical extension of Winona Street.

7. Minutes of the January 18, 2022, February 1, 2022, and February 15, 2022 Regular City Council Meetings
Recommendation:

That the Honorable City Council approve the minutes of the Regular City Council Meetings held on January 18, 2022, February 1, 2022, and February 15, 2022

8. Reduction of Public Improvement Securities for Tract Map No. 20274 Recommendation:

That the Honorable City Council Approve:
(1) A Reduction of 60% for the Water and Sewer Faithful Performance Improvement Securities for Tract Map No. 20274; and
(2) A Reduction of $31,680.06 for the Monumentation Labor & Materials Improvement Securities for Tract Map No. 20274.

9. Security Reduction for Tract Map No. 16684
Recommendation:

That the City Council approve a 60% reduction for Street, Water, Drainage, and Sewer Faithful Performance Securities for Tract Map No. 16884.

10. Securities Substitution for Tract Map No. 14627
Recommendation:

That the Honorable City Council:
(1) Approve a Subdivision Improvement Agreement with CJC Holdings, LLC and El Roi LLC;
(2) Accept a Lien Agreement as Improvement Security;
(3) Release the existing Subdivision Improvement Agreement with Kenneth W.

Richmond;
(4) Release the existing Utility Surety Agreement with Kenneth W. Richmond; and (5) Release the existing Lien Agreement with Aikon Investment Co., LLC.

11. Reduction of Public Improvement Security for Case No. ESUB19-0003 Recommendation:

That the Honorable City Council:
(1) Approve the reduction of 80 percent for the Public Improvements Faithful Performance Security;
(2) Accept the Phase I Improvements for maintenance; and (3) Approve a Land Division Construction Improvement Agreement for the Phase II Improvements.

12. Tract No. 16719 Security Release
Recommendation:

That the Honorable City Council approve the full release of the Landscaping Maintenance Assessment District Improvement Faithful Performance Security for Tract Map No. 16719.

13. Second Reading of Ordinance No. 2427
Recommendation:

That the City Council adopt, by second reading, Ordinance No. 2427 amending subsection 2.28.230(b) of Article IV of Chapter 2.28 (Purchasing System) of the Victorville Municipal Code to modify the vote requirement for adopting resolutions making findings and authorizing exceptions to bidding requirements in limited circumstances.

14. Proposition 68: Per Capita Grant Project Acceptance for Brentwood Park Recommendation:

That the Honorable City Council adopt Resolution No. 22-029 accepting the 2018 Parks Bond Act, Per Capita Grant Program funding for Brentwood Park and increasing the FY21-22 budget for the associated revenue and expenses.

15. Proposition 68: Statewide Park Development & Community Revitalization Grant Acceptance for Eva Dell Park
Recommendation:

That the Honorable City Council Adopt Resolution No. 22-019 accepting the 2018 Parks Bond Act, Statewide Park Development and Community Revitalization Grant for Eva Dell Park and increasing the FY21-22 budget for the associated revenue and expenses.

WRITTEN COMMUNICATIONS

16. Resolution No. 22-032 of the City Council of the City of Victorville approving the Amendment No. 3 to Reimbursement Agreement in connection with the extension of the expiry date of the BNP Paribas Letter of Credit and authorizing the taking of any additional actions required in connection therewith
Recommendation:

That the City Council:
(1) Adopt Resolution No. 22-032 approving Amendment No. 3 to Reimbursement Agreement in connection with the extension of the expiry date of the BNP Paribas Letter of Credit between the City of Victorville and BNP Paribas; and (2) Authorize staff to take any additional actions required in connection therewith.

17. Declaration of Exempt Surplus Land – SCLA Properties Recommendation:

That the City Council:
(1) Adopt Resolution No. 22-028 declaring City-owned Properties as “Exempt Surplus Land” pursuant to the Surplus Land Act, Government Code Section 54221(f)(1)(D) and authorizing the transfer of the Properties to the SCLAA; (2) Authorize the transmittal of a certified copy of the Resolution to the Housing and Community Development (“HCD”) Department, as specified in Section 400(e) of the Surplus Land Act Guidelines; and that the SCLAA Board of Directors (3) Adopt Resolution No. SCLAA 22-008 accepting the transfer of the Properties owned by the City; and
(4) Authorize the Deputy City Manager and SCLAA’s Executive Director to execute related transactional documents

18. Pet Assistance and Support Program Grant Application for the Interim Shelter and Wellness Center
Recommendation:

That the City Council adopt Resolution No. 22-027 approving the grant application for the Pet Assistance and Support Program and authorizing the City Manager or designee to process all documents required for program administration.

19. Purchase Agreement By and Between the City of Victorville and the Mustafa Family Trust
Recommendation:

That the Honorable City:
(1) Approve the Standard Offer, Agreement and Escrow Instructions for Purchase of Real Estate by and between the City of Victorville and the Mustafa Family Trust, for the acquisition of Assessor’s Parcel Number (APN) 0396-131-05; and (2) Authorize the City Manager to execute all transactional related documents to effectuate the acquisition.

20. Wellness Center - Agreement with Urban Bloc
Recommendation:

That the Honorable City Council approve a Services Provider Agreement with Urban Bloc, Inc., for modular bathrooms for the Victorville Wellness Center in an amount not to exceed $1,200,021.00 and authorize the City Attorney to make non-substantive revisions to the agreement.

21. Wellness Center Project - Agreement with Connect Homes Recommendation:

That the Honorable City Council approve a Services Provider Agreement with Connect Homes for shelter units for the Victorville Wellness Center in an amount not to exceed $5,069,607.00 and authorize the City Attorney to make non-substantive revisions to the agreement.

22. Street Sweeping Program and Service Analysis Presentation Recommendation:

Any action is at the discretion of the City Council.

23. Discussion and possible action to amend the City Manager's purchasing authority threshold from $50,000 to $250,000
Recommendation:

Any discussion or action will be at the discretion of the Council.

24. Consideration of proposed revisions to the City of Victorville City Council Policy and Procedure Manual – Chapter 8
Recommendation:

That the Honorable City Council approve moving the revisions to the City of Victorville City Council Policy and Procedure Manual to the May 17, 2022 meeting.

25. City Manager Reports

26. Discussion and Possible Action Regarding Upcoming Agenda Items

27. Reports from Council Members
Adjournment
Item Number: 1
City Council / Board of Directors
Public Hearing
Meeting of: April 5, 2022
Submitted By:

Doug Mathews, Director of Public Works and Water

Subject:

Consideration of Introduction and First Reading of Ordinance No. 2425, adding a New Chapter 6.37 (Mandatory Organic Waste Disposal Reduction) to Title 6 (Health and Safety) of the Victorville Municipal Code and Revising Subsection 16-5.11.050(A) of Title 16, Chapter 5, Article 11 (Green Building Code) of the Victorville Municipal Code Recommendation:

That the Honorable City Council:
(1) Open the Public Hearing;
(2) Take public testimony;
(3) Close the Public Hearing;
(4) Introduce Ordinance No. 2425 for adoption and first reading by title only; and (5) Waive further reading in full of proposed Ordinance No. 2425.

Fiscal Impact:

There is no fiscal impact directly associated with the adoption of this ordinance. However, to comply with all the requirements of SB 1383, the City will also need to implement a residential organics collection program, as well as programs for monitoring and enforcement. These programs will likely involve rate increases for solid waste customers.

These program implementation costs will be discussed in further detail at a future City Council meeting.

Background:

California Senate Bill 1383:

California Senate Bill (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; and
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• Recover at least 20% of currently disposed surplus food for human consumption by 2025.

This 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.

The SB 1383 regulations are wide-ranging, imposing multiple requirements on local jurisdictions, haulers, waste generators, landfill operators, and recycling facility operators.

The regulations are also prescriptive, and contain specific requirements with which all jurisdictions, including Victorville (the “City”), must comply. This is in contrast with prior California solid waste laws and regulations that allowed jurisdictions to develop individual plans to meet state goals.

The following are some of the major obligations the SB 1383 regulations impose on the City and other covered 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).
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• Take enforcement actions including issuing Notices of Violation (which provide a time period for generators to come into compliance) and ultimately assessing penalties via the administrative citation process, but only as of 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.

Notification of Intent to Comply—SB 619:

The SB 1383 regulations provide CalRecycle with authority to bring enforcement actions against jurisdictions that are not in compliance. In October 2021, California senate bill (SB) 619 was signed into law in response to the difficulty many cities were facing meeting the SB 1383 regulations due to the COVID-19 pandemic and CalRecycle’s delay in adopting final regulations until November 2020. 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 said 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.

Because the City was not yet fully compliant with all requirements of SB 1383 as of January 1, 2022, the City prepared a Notification of Intent to Comply (NOIC) which outlined a plan of the steps and timeline the City would follow to become compliant. At its February 15, 2022 meeting, the Victorville City Council (“City Council”) adopted Resolution No. 22-013 approving the NOIC and authorizing it to be forwarded to CalRecycle.

Current City Organics Recycling Programs:

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, 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. Since 2016, the City has been conducting education and outreach to commercial customers regarding organic waste recycling requirements. The City regularly inspects commercial recycling, waste, and organics containers to check for contamination.
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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 by residential and commercial waste generators. 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:
City staff are engaged in continuing discussions with its franchised hauler, Burrtec/Victorville Disposal (Burrtec) regarding a residential organics program, options for container contamination monitoring, notifications, and record keeping.

The City and Burrtec will work on revisions to the franchise agreement in the coming months to incorporate the new service(s) and programs and negotiate a rate for the additional service. Revisions to the franchise agreement will be brought back to the City 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.
An enforceable ordinance based on the State’s “Model Mandatory Organic Waste Disposal Reduction Ordinance” has been drafted for City Council consideration.

Discussion:

Ordinance 2425:

As noted above, SB 1383 regulations require all jurisdictions to adopt an enforceable ordinance to implement relevant provisions of the SB 1383 regulations. Proposed Ordinance No. 2425 (Attachment A) adds a new Chapter 6.37, to Title 6 (Health and Sanitation) of the Victorville Municipal Code (VMC). Chapter 6.37 is titled “Mandatory Organic Waste Disposal Reduction” and is based on a model ordinance provided by CalRecycle. The proposed new Chapter 6.37 will require organic waste generators (residential and commercial), haulers, and other entities subject to the requirements of SB 1383 to comply with SB 1383 regulatory requirements. Major provisions of the ordinance include:
Organic material recycling requirements for single-family residential generators and commercial businesses (including multi-family residential); Requirement for commercial waste generators to supply employees, contractors, tenants, and customers with organic waste collection services consistent with the City’s collection programs;
Requirement for businesses (except for multi-family residential premises) to supply indoor and outdoor recycling and organics containers when disposal containers are provided for customers for materials generated by that business; Requirements for businesses to educate and train employees on proper separation of waste and to label waste and recycling containers;
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Waivers of certain requirements for qualified generators (de minimis waiver for locations that generate less than specified amounts of organic waste or a physical space waiver for locations that lack adequate space for containers); Edible food recovery requirements for commercial edible food generators and food recovery organizations and services;
Operational requirements for haulers, including bin labeling and color requirements;
Procurement of recovered organic waste products;
Record keeping, reporting, and education/outreach requirements; and Inspection, investigation, review, and enforcement requirements.

SB 1383 regulations also require jurisdictions to have an enforceable mechanism in place to require compliance with certain provisions the State of California CalGreen Building Standards Code (“CalGreen”) and the State’s Model Water Efficient Landscaping Ordinance (“MWELO”). Section 3 of proposed Ordinance Number 2425 makes a minor revision to the City’s Development Code (Title 16, Chapter 5, Article 11), raising the percentage of required diversion for construction and demolition waste from 50% to 65% to bring it into conformance with the CalGreen Code. The proposed ordinance also includes in the new Chapter 6.37 section regarding compost and mulch utilization as required by the MWELO and SB 1383 regulations.

City staff is reviewing Chapter 1 of Title 16 (Development Code) of the VMC, as well as Chapter 6.36 (Solid Waste Services) of Title 6 (Health & Sanitation), and Chapters 13.60 and 10.05 (both of which deal with water conservation) and will return to Council at a future meeting with any updates as may be needed to harmonize the provisions of these VMC chapters with Ordinance No. 2425 to ensure consistency with SB 1383 requirements. However, the MWELO provisions specific to SB 1383 mandated solid waste and recycling programs are specified in proposed Ordinance No. 2425 for clarity and ease of administration and interpretation.

Education Period and Enforcement:

The proposed ordinance provides for an “Education Period for Non-Compliance” during which the City will conduct route reviews and provide educational materials to notify waste generators about the requirements of the law and how to comply. The City fully expects to gain compliance from the vast majority of residents and businesses through education efforts. SB 1383 regulations require jurisdictions to enforce the ordinance no later than January 1, 2024.

The City has been educating businesses and multi-family complexes (commercial waste generators) about state organics recycling requirements since 2016, via mailings, route reviews, and on-site visits. These education efforts will continue as to SB 1383 regulations. For residential customers, the City is working with its franchised hauler, Victorville Disposal, to develop a residential organic waste collection program which is expected to be implemented by July 2023. Residential educational efforts will begin well before the collection program starts and will continue after implementation, so there will 2 5
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be ample time to notify and educate residents prior to any enforcement activities required by January 1, 2024.

If adopted, the ordinance will be effective 30 days after its second reading and approval.

Staff remains available for any questions the Council may have.

Attachments: A. Ordinance No. 2425

Attachment A

ORDINANCE NO. 2425

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
VICTORVILLE, CALIFORNIA, ADDING A NEW CHAPTER 6.37
(MANDATORY ORGANIC WASTE DISPOSAL REDUCTION) TO
TITLE 6 (HEALTH AND SAFETY) OF THE VICTORVILLE
MUNICIPAL CODE AND REVISING SUBSECTION 16 -5.11.050(a)
OF TITLE 16, CHAPTER 5, ARTICLE 11 (GREEN BUILDING

CODE) OF THE VICTORVILLE MUNICIPAL CODE
WHEREAS, the City of Victorville, California ("City") is a municipal corporation and charter city, duly organized under the constitution and laws of the State of California; and WHEREAS, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000 et seq., as amended, supplemented, superseded, and replaced from tim e to time), requires cities and counties to reduce, reuse, and recycle (including composting) Solid Waste generated in their jurisdictions to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment.

WHEREAS, Assembly Bill 341 of 2011, which amended Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections 40004, 41734.5, and 41780.01 and Chapter 12.8 (comm encing with Section 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the Public Resources Code, as amended, supplemented, superseded and replaced from time to time), places requirements on businesses and Multi-Family property owners that generate a specified threshold amount of Solid Waste to arrange for recycling services and requires Jurisdictions to implement a Mandatory Commercial Recycling program.

WHEREAS, Assembly Bill 1826 of 2014, which added Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to Solid Waste, as amended, supplemented, superseded, and replaced from time to time), requires businesses and Multi-Family property owners that generate a specified thr eshold amount of Solid Waste, Recycling, and Organic Waste per week to arrange for recycling services for that waste, requires Jurisdictions to implement a recycling program to divert Organic Waste from businesses subject to the law, and requires Jurisdictions to implement a Mandatory Commercial Organics Recycling program.

WHEREAS, Senate Bill 1383, the Short -lived Climate Pollutant Reduction Act of 2016, (“SB 1383”), required CalRecycle to develop regulations to reduce organics in landfills as a source of methane. As adopted by CalRecycle, these SB 1383 Regulations place requirements on multiple entities including the City, residential households, commercial businesses and business owners, commercial edible food generators, haulers, self -haulers, food rec overy organizations, and food recovery services to support achievement of Statewide organic waste disposal reduction targets; and

WHEREAS, SB 1383 Regulations require the City to adopt and enforce an ordinance or other enforceable mechanism to implement r elevant provisions of the SB 1383 Regulations and are further designed to help reduce food insecurity by requiring Commercial Edible Food Generators to arrange to have the maximum amount of their Edible Food, that would otherwise be disposed, be recovered for human consumption.

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 findings as if set forth in their entirety.

Section 2. Addition of New Chapter 6.37 to Title 6 of the Victorville Municipal Code.

A NEW CHAPTER 6.37, TITLED “MANDATORY ORGANIC WASTE
DISPOSAL REDUCTION” IS HEREBY ADDED TO TITLE 6 (HEALTH

AND SAFETY) OF THE VICTORVILLE MUNICIPAL CODE TO READ
AS FOLLOWS:

CHAPTER 6.37

MANDATORY ORGANIC WASTE DISPOSAL REDUCTION

6.37.010 Purpose
This Chapter is intended to comply with SB 1383, the Short -lived Climate Reduction Act of 2016, and its implementing regu lations. SB 1383 Regulations place requirements on Cities, Single -Family Residential Dwellings, Commercial Businesses including Multi - Family Residential Dwellings, Commercial Edible Food Generators, Self -Haulers, Food Recovery Organizations, and Food Recovery Services to achieve statewide Organic Waste disposal reduction targets to reduce organics in landfills as a source of methane. SB 1383 requires the City to adopt and enforce an enforceable mechanism, such as the ordinance codified in this Chapter to implement SB 1383 Regulations.

6.37.020 Definitions
The following terms when capitalized and used in this Chapter shall have the meaning assigned below unless the context clearly indicates that a different meaning was intended.

Whenever appropriate with the context, words used in the present tense include the future tense. Words used in the singular number include the plural. Words used in the plural number include the singular, unless the context of the particular usage clearly indicates otherwise. Words us ed in the masculine gender include the feminine gender, and vice versa. In the event of a conflict between a definition in this Chapter and a definition in 14 CCR Section 18982, the definitions in Section 18982 shall control for the purposes of this Chapter. Unless otherwise specified herein, references to a statute or regulation means the

statute or regulation, as amended, supplemented, superseded, and replaced from time to time.
“Black Container” has the same meaning as in 14 CCR Section 18982(a)(28) an d shall be used for the purpose of storage and collection of Black Container Waste. Black Containers may also be gray. Notwithstanding the foregoing, functional containers purchased prior to January 1, 2022 that are used for the storage and collection of Black Container Waste and that do not comply with the color requirements of 14 CCR Section 18982(a)(28), including green containers used by Single-Family Generators for the storage and collection of Solid Waste shall be deemed to be Black Containers and are not required to be replaced until the end of the useful life of those containers or January 1, 2036, whichever is earlier. Any such green container shall not be deemed to be a Green Container as defined in 14 CCR Section 18982(a)(29).
“Black Container Waste” means Solid Waste that is collected in a Black Container that is part of the City’s three or four -container Organic Waste collection service as specified in 14 CCR Section 18984.1.) Designated Recyclable Materials, Designated Organic Waste, and/or Designated Food Scraps do not constitute Black Container Waste. “Blue Container” has the same meaning as in 14 CCR Section 18982(a)(5) and shall be used for the purpose of storage and collection of Designated Recyclable Materials. “Brown Container” has the same meaning as in 14 CCR Section 18982(a)(5.5) and shall be used only for the purpose of storage and collection of Designated Food Scraps. “CalRecycle” means California's Department of Resources Recycling and Recovery, which is has responsibility for developing, implementing, and enforcing SB 1383 Regulations on cities and other jurisdictions.
“California Code of Regulations” or “CCR” means the California Code of Regulations. CCR references in this Chapter are preceded with a number that refers to the relevant Title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR). “City Enforcement Official” means the City Manager of the City, and/or his/her designee(s), including such City employees who are partially or wholly responsible for enforcing City ordinances, provisions of the Victorville Municipal Code (“the “C ode” or “this Code”), and rules and regulations promulgated thereunder. “Commercial Business” or “Commercial” means a firm, partnership, proprietorship, joint -stock company, corporation, or association, whether for -profit or nonprofit, strip mall, industr ial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A Multi -Family Residential Dwelling that consists of fewer than five (5) units is not a Commercial Business for purposes of implementing this Chapter.
“Commercial Edible Food Generator” includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in Section 6.37.020 of this Chapter or as

otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators pursuant to 14 CCR Section 18982(a)(7). “Compliance Review” means a review of records by the City to determine compliance with this Chapter.
“Community C omposting” means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and Compost on -site at any one time does not exceed 100 cubic yards a nd 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8).
“Compost” means the product resulting from the controlled biological decomposition of organic Solid Wastes that are Source Separated from the municipal Solid Waste stream, or which are separated at a centralized facility, or as otherwise defined in as in 14 CCR Section 17896.2(a)(4)
“Container Contamination” or “Contaminated Container” means a container, regardless of color, that contain s Prohibited Container Contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).
“C&D” means construction and demolition debris.
“Designated Blue Container Organic Waste” means Organic Wastes designated by the City for placement in the Blue Container that is limited to the collection of those Organic Wastes and Non-Organic Recyclables as defined in 14 CCR Section 18982(a)(43), or as otherwise defined by 14 CCR Section 17402(a)(18.7). Designated Blue Container Organic Waste includes but is not limited to: clean paper and cardboard and other materials which may be designated from time to time by the City Manager or his/her designee. “Designated Food Scraps” means items designated by the City for placement in the Brown Container that is spec ifically intended for the separate collection of Food Scraps and other Organic Waste materials which may be designated from time to time by the City Manager or his/her designee. Designated Food Scraps includes all food such as, but not limited to fruits, v egetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food scraps excludes fats, oils, grease, meat, and/or bones when such materials have been source separated from other Food Scraps for the purposes of sending to a rendering company.
“Designated Non-Organic Recyclables” means non-putrescible and non-hazardous recyclable wastes including but not limited to bottles, cans, metals, plastics, and glass, or as otherwise defined in 14 CCR Section 18982(a)(43) an d other materials which may be designated from time to time by the City Manager or his/her designee. “Designated Organic Waste” means Organic Waste designated by the City for placement in a Green Container that is specifically intended for the separate co llection of

Organic Waste, excluding Designated Blue Container Organic Waste, carpets, Non - Compostable Paper, and textiles. Designated Organic Waste incudes garden trimmings, leaves, grass clippings, weeds, shrub clippings, and other materials which may b e designated from time to time by the City Manager or his/her designee. “Designated Recyclable Materials” means items designated for placement in the Blue Container that is specifically intended for the separate collection of Designated Non- Organic Recyclables and Designated Blue Container Organic Waste. “Designee” means an entity that the City contracts with or otherwise arranges to carry out any of the City’s responsibilities under this Chapter as authorized in 14 CCR Section 18981.2. A Designee may be a government entity, a hauler, a private entity, or a combination of those entities.
“Edible Food” means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this Chapter or as otherwise defined in 14 CCR Section 18982(a)(18), “Edible Food” is not Solid Waste if it is recovered and not discarded. Nothing in this Chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code.
“Enforcement Action" means an action by the City to address non-compliance with this Chapter, including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
“Excluded Waste” means hazardous substance, hazardous waste, infectious waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the Jurisdiction a nd its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that canno t be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in City’s, or in its Designee’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise creat e or expose Jurisdiction, or its Designee, to potential liability. Excluded Waste also includes materials which require separate handling and cannot be collected from standard solid waste, recycling, or organic containers, including but not limited to app liances, scrap metal, electronics, tires, and oversized furniture items.
“Food Distributor” means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores, or as otherwise defined in 14 CCR Section 18982(a)(22).
“Food Facility” has the same meaning as in Section 113789 of the Health and Safety Code.

“Food Recovery” means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).
“Food Recovery Organization” means an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other e ntities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:
(1) A food bank as defined in Section 113783 of the Health and Safety Code; (2) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and,
(3) A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).

If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this Chapter.
“Food Recovery Service” means a person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A Food Recovery Service is not a Commercial Edible Food Generator for the purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
“Food Scraps” means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food Scraps excludes fats, oils, and grease when such materials are Source Separated from other Food Scraps.
“Food Service Provider” means an entity primarily engaged in providing food services to institutional, governmental, Commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).
“Food-Soiled Paper” is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.
“Green Container” has the same meaning a s in 14 CCR Section 18982(a)(29) and shall be used for the purpose of storage and collection of Designated Organic Waste.

“Grocery Store” means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh mea ts, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).
“Hauler Route” mea ns the designated itinerary or sequence of stops for each segment of the Jurisdiction’s collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).
“Inspection” means a site visit where a Jurisdiction reviews records, containers, and an entity’s collection, handling, recycling, or landfill disposal of Organic Waste or Edible Food handling to determine if the entity is complying with requirements set forth in this Chapter, or as otherwise defined in 14 CCR Section 18982(a)(35). “Large Event” means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a loc ation that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. “Large Venue” means a permanent venue facility that annually seats or ser ves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to , a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue.
“Local Education Agency” means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to Solid Waste, or as otherwise defined in 14 CCR Section 18982(a)(40). “Multi-Family Residential Dwelling” or “Multi -Family” means of, from, or pertaining to residential premises with five (5) or more dwelling units. Multi -Family premises do not include hotels, motels, or other transient occupancy facilities, which are considered Commercial Businesses.
“MWELO” refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR, Division 2, Chapter 2.7.
“Non-Compostable Products” includes but is not limited to products that are coated in a plastic material that will not breakdo wn in the composting process or is not accepted

for composting at the local composting facility, or as otherwise defined in 14 CCR Section 18982(a)(41).
“Non-Local Entity” means the following entities that are Organic Waste generators but are not subject to the City’s enforcement authority with respect to Solid Waste:
(1) Special district(s) located within the boundaries of the City. (2) Federal facilities, including military installations, located within the boundaries of the City.
(3) Prison(s) located within the boundaries of the City, with the exception of private prisons, if any.
(4) Facilities operated by the State park system located within the boundaries of the City.
(5) Public universities (including community colleges) located within the boundaries of the City.
(6) County fairgrounds located within the boundaries of the City. (7) State agencies located within the boundaries of the City. “Notice of Violation (NOV)” means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4. “Organic Waste” means Solid Wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).
“Organic Waste Generator” means a person or entity that is responsible for the initial creation of Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(48). “Paper Products” include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).
“Printing and Writing Papers” include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54). “Prohibited Container Contaminants” means:

(1) Discarded materials placed in the Blue Container that are not identified by the City as Designated Recyclable Materials for the Blue Container. (2) Discarded materials placed in the Green Container that are not identified by the City as Designated Organic Waste for the Green Container. (3) Discarded materials placed in the Brown Container that are not identified by the City as Designated Food Scraps for the Brown Container; (4) Discarded materials placed in the Black Container that are Designated Recyclable Materials, Designated Organic Waste, and/or Designated Food Scraps. (5) Excluded Waste placed in any container.
“Recovered Organic Waste Products” means products made from California, landfill-diverted recovered Organic Waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60). “Recovery” means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49). “Recycled-Content Paper” means Paper Products and Printing and Writing Paper that consists of at least 30 percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).
“Renewable Gas” means gas derived from Organic Waste that has been diverted from a California landfill and processed at an in -vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recycle Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(62).
“Restaurant” means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).
“Route Review” means a visual Inspection of containers along a Hauler Route for the purpose of determining Container Contamination, and may include mechanical Inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).
“SB 1383” means Senate Bill 1383 of 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13. 1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.
“SB 1383 Regulations” or “SB 1383 Regulatory” means or refers to, for the purposes of this Chapter, the Short -Lived Climate Pollutants: Organic Waste Reduction

regulations developed by CalRecycle and adopted in 2020 that creat ed 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR. “Self-Hauler” means a person or entity, who, to the extent authorized by this Code and any collection agreement between the City and a franchised hauler in effect , and in compliance with all applicable requirements of this Code hauls Solid Waste, Organic Waste, or recyclable materials he or she has generated to another person or entity; or, as otherwise defined in 14 CCR Section 18982(a)(66). Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Back -haul means generating and transporting Organic Waste to a destination owned and operated by the generator using the generator’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).
“Single-Family” means of, from, or pertaining to any residential premises with fewer than five (5) units.
“Solid Waste” has the same meaning as defined in State Public Resources Code Section 40191 , which defines Solid Waste as all putrescible and non -putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi- solid wastes, and other discarded solid and semisolid wastes, with the exception that Solid Waste does not include any of the following wastes:
(1) Hazardous waste, as defined in the State Public Resources Code Section 40141.
(2) Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code).
(3) Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a Solid Waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be Solid Waste shall be regulated pursuant to Division 30 of the State Public Resources Code.
“Source Separated” means materials, including commingled recyclable materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of this Chapter, Source Separated shall include separation of materials by a

generator, property owner, property owner’s employee, property manager, or property manager’s employee into different containers for the purpo se of collection (“Source Separating”) such that Source Separated materials are separated from Black Container Waste or other Solid Waste for the purposes of separate collection and processing. “State” means the State of California.
“Supermarket” means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).
“Tier One Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:
(1) Supermarket.
(2) Grocery Store with a total facility size equal to or greater than 10,000 square feet.
(3) Food Service Provider.
(4) Food Distributor.
(5) Wholesale Food Vendor.

If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this Chapter.
“Tier Two Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:
(1) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.
(2) Hotel with an on-site Food Facility and 200 or more rooms. (3) Health facility with an on-site Food Facility and 100 or more beds. (4) Large Venue.
(5) Large Event.
(6) A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet. (7) A Local Education Agency facility with an on-site Food Facility.

If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this Chapter.
“Wholesale Food Vendor” means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76).

6.37.030 Requirements for Single-Family Generators
Single-Family Organic Waste Generators shall comply with the following requirements:
(a) Shall subscribe to City’s Organic Waste collection services for all Organic Waste generated as described below in Section 6.37.030(b). City shall have the right to review the number and size of a generator’s containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, Single-Family generators shall adjust their service level for their collection services as requested by the City. Generators may additionally manage their Organic Waste by preventing or reducing their Organic Waste, managing Organic Waste on site, and/or using a Community Composting site pursuant to 14 CCR Section 18984.9(c). (b) Shall participate in the City’s Organic Waste collection se rvice(s) by Source Separating Designated Recyclable Materials and Designated Organic Waste (including Designated Food Scraps which shall first be prepared/bagged in the manner described in notice provided by the City) from other waste and by placing design ated materials in designated containers as described below:
(1) Shall place only Designated Recyclable Materials in the Blue Container. (2) Shall place only Designated Organic Waste materials in the Green Container.
(3) Shall prepare all materials designat ed for collection as per written instructions provided by the City or its Designee.
(4) Shall not place Designated Recyclable Materials in Black or Green Containers and shall not place Designated Organic Waste materials in Blue or Black Containers.
(5) Shall not place Prohibited Container Contaminants in collection containers.

6.37.040 Requirements for Commercial Businesses
Generators that are Commercial Businesses, including Multi-Family Residential Dwellings shall:
(a) Subscribe to the City’s Organic Wa ste collection service(s) and comply with requirements of those services as described below in Section 6.37.040(b), except

Commercial Businesses that meet the Self-Hauler requirements in Section 6.37.090 of this Chapter. The City shall have the right to r eview the number and size of a generator’s containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, Commercial Businesses shall adjust their service level for their collection services as requested by the City.
(b) Except for Commercial Businesses that meet the Self -Hauler requirements in Section 6.37.090 of this Chapter, generators that are Commercial Businesses, including Multi-Family Residential Dwellings, shall participate in the City’s Organic Waste collection service(s) by Source Separating Designated Recyclable Materials and Designated Organic Waste (including Designated Food Scraps) from other waste and placing designated materials in designated containers as described below:
(1) Shall place only Designated Organic Waste in the Green Container; Designated Food Scraps in the Brown Container; Designated Recyclable Materials in the Blue Container; and Black Container Waste in the Black Container. (2) Shall not place materials designated for the Black Container into the Green Container, Blue Container, or Brown Container.
(3) Shall not place Designated Recyclable Materials, Designated Food Scraps, or Designated Organic Waste into any container other than the container designated for each of the corresponding materials.
(4) Shall not place Prohibited Container Contaminants in containers. (c) Commercial Businesses, including Multi -Family Residential Dwellings, shall supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with Sections 6.37.040(d)(1) and 6.37.040(d)(2) below) for employees, contractors, tenants, and customers, consistent with the City’s collection services or, if self -hauling, per the Commercial Bu sinesses’ instructions to support its compliance with its self-haul program, in accordance with Section 6.37.090. (d) Commercial Businesses, not including Multi -Family Residential Dwellings, shall provide containers for the collection of Designated Organi c Waste, Designated Food Scraps, and Designated Recyclable Materials in all indoor and outdoor areas where disposal containers are provided for customers for materials generated by that business.

Such containers do not need to be provided in restrooms. If a Commercial Business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:
(1) A body or lid that conforms with the container colors provided through the collection service provided by the City, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies

conforming to color requirements. A Commercial Business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not co mply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.
(2) Container labels that include language or graphic images, or both, indicating the primary materia l accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container.

Pursuant 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.
(3) Container labels shall be visually inspected by commercial businesses at least semi-annually for legibility and condition and shall be replaced within 10 days of inspection if a label is missing, not legible, or is in poor condition. (e) Commercial Businesses shall implement policies and procedures to educate and train employees on proper separation of materials and prohibit employees from placing materials in a con tainer not designated for those materials per the City’s Solid Waste collection services.
(f) Commercial Businesses, excluding Multi -Family Residential Dwellings, shall inspect Blue Containers, Green Containers, Brown Containers, and/or Black Containers provided pursuant to Section 6.37.040(d) at least weekly for contamination and inform employees and tenants/occupants if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3). (g) Commercial Businesses, including Multi -Family Residential Dwellings, shall at least annually provide written information or training to employees, contractors, tenants, and customers about Organic Waste Recovery requirements and about proper sorting of Designated Organic Waste, Designated Food Scraps, and Designated Recyclable Materials.
(h) Commercial Businesses, including Multi -Family Residential Dwellings, shall provide education information described in subsection (g) of this Section to new employees and/or tenants before or within ten (10) days of hiring new employees or of occupation of the premises by tenants. Education information shall describe requirements to keep Designated Organic Waste, Designated Food Scraps, and Designated Recyclable Materials separate from Black Container Waste and the location of containers and the rules governing their use at each property.
(i) Commercial Businesses, including Multi -Family Residential Dwellings, shall provide or arrange access for City or its agent to their properties during all Inspections conducted in accordance with Section 6.37.120 of this Chapter to confirm compliance with the requirements of this Chapter.

(j) Commercial Businesses, including Multi -Family Residential Dwellings, if generating two (2) cubic yards or more per week of total Solid Waste (or other threshold defined by the State), shall require that any contract or work agreement between the owner, occupant, or operator of the Commercial Business and a gardening or landscaping service specify that the Organic Waste generated by those services be managed in compliance with Chapter 12, Part 3, Division 30 of the State Public Resources Code. (k) Commercial Businesses, including Multi -Family Residential Dwellings, that wish to self -haul Or ganic Waste or recyclables shall meet the Self -Hauler requirements in Section 6.37.090 of this Chapter.
(l) Nothing in this Section prohibits a generator from preventing or reducing waste generation, managing Organic Waste on site, or using a Community Co mposting site pursuant to 14 CCR Section 18984.9(c).
(m) Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements, pursuant to Section 6.37.060.

6.37.050 Waivers for Generators
(a) De Minimis Waivers. The City may waive a Commercial Business’ (including Multi-Family Residential Dwellings) obligation to comply with some or all of the Organic Waste Recovery requirements of this Chapter if the Commercial Business provides documentation that the business generates below a certain amount of Organic Waste material as described in Section 6.37.050(a)(2) below. Commercial Businesses requesting a de minimis waiver shall:
(1) Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in Section 6.37.050(a)(2) below. (2) Provide documentation that either:
(A) The Commercial Business’ total Solid Waste collection servi ce is two cubic yards or more per week and Organic Waste comprises less than 20 gallons per week per applicable container of the business’ total waste; or,
(B) The Commercial Business’ total Solid Waste collection service is less than two cubic yards per week and Organic Waste subject to collection comprises less than 10 gallons per week per applicable container of the business’ total waste.
(3) Notify the City within 15 days if circumstances change such that Commercial Business’s Organic Waste exceeds thre shold required for waiver, in which case waiver will be rescinded.
(4) De minimis waivers are valid for a period not to exceed five (5) years and are subject to reverification by the City or its designee at any time.

(b) Physical Space Waivers. The City may waive a Commercial Business’ or property owner’s obligations (including Multi-Family Residential Dwellings) to comply with some or all of the recyclable materials and/or Organic Waste collection service requirements if the City has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lack adequate space for the collection containers required for compliance with the Organic Waste collection requirements of Section 6.37.040.

A Commercial Business or property owner may request a physical space waiver through the following process:
(1) Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.
(2) Provide documentation that the pr emise lacks adequate space for Blue Containers, Green Containers, and/or Brown Containers including documentation from its hauler, licensed architect, or licensed engineer. (3) Physical space waivers are valid for a period not to exceed five (5) years and are subject to reverification by the City or its designee at any time.

6.37.060 Requirements for Commercial Edible Food Generators (a) Tier One Commercial Edible Food Generators must comply with the requirements of this Section 9 commencing January 1, 2 022, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.
(b) Large Venue or Large Event operators not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this Section, commencing January 1, 2024.
(c) Commercial Edible Food Generators shall comply with the following requirements:
(1) Arrange to recover the ma ximum amount of Edible Food that would otherwise be disposed.
(2) Contract with, or enter into a written agreement with Food Recovery Organizations or Food Recovery Services for: (i) the collection of Edible Food for Food Recovery; or, (ii) acceptance of the Edible Food that the Commercial Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery. (3) Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service. (4) Allow Jurisdiction’s designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4.

(5) Keep records that include the following information, or as otherwi se specified in 14 CCR Section 18991.4:
(A) A list of each Food Recovery Service or organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
(B) A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
(C) A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:
(i) The name, address and contact information of the Food Recovery Service or Food Recovery Organization.
(ii) The types of food that will be collected by or self -hauled to the Food Recovery Service or Food Recovery Organization. (iii) The established frequency that food will be collected or self- hauled.
(iv) The quantity of foo d, measured in pounds recovered per month, collected or self-hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.
(6) Provide to City upon request, an annual Food Recovery report that includes information on the food recovery efforts of the business for the year, including information on amount recovered and outlets for recovered food. (d) Nothing in this Chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017, which added Article 13 (commencing with Section 49580) to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and amended Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time.

6.37.070 Requirements for Food Recovery Organizations and Services (a) Food Recovery Services coll ecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
(1) The name, address, and contact information for each Commercial Edible Food Generator from which the service collects Edible Food.

(2) The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.
(3) The quantity in pounds of Edible Food transported to each Food Recovery Organization per month.
(4) The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service transports Edible Food to for Food Recovery.
(b) Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):
(1) The name, address, and contact information for each Commercial Edible Food Generator from which the organization receives Edible Food. (2) The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month.
(3) The name, address, and contact information for each Food Recovery Service that the organization receives Edible Food from for Food Recovery. (c) Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the City and contract with or have written agreements with one or more Commercial Edible Food Generators in the City pursuant to 14 CCR Section 18991.3(b) shall report to the City the total pounds of Edible Food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) no later than April 1 of each year.
(d) Food Recovery Capacity Planning. In order to support Edible Food Recovery capacity planning assessments or other studies conducted by the City, or its Designee, Food Recovery Services and Food Recovery Organizations operating in the City shall provide information and consultation to the City or its Designee, upon request, regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by the City and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the City or its Designee shall respond to such request for information within 60 days.

6.37.080 Requirements for Haulers and Facility Operators (a) Requirements for Haulers
(1) Exclusive franchised hauler(s) providing resid ential, Commercial, or industrial Organic Waste collection services to generators within the City’s boundaries shall meet the following requirements and standards as a condition of

approval of a contract, agreement, or other authorization with the City to collect Organic Waste:
(A) Provide written notice to the City starting July 1, 2022, and annually thereafter by July 1 identifying the facilities to which they will transport Organic Waste including facilities for Source Separated Recyclable Materials, Sou rce Separated Organic Waste, and Source Separated Food Scraps.
(B) Transport Source Separated Recyclable Materials, Source Separated Green Container Organic Waste, and Source Separated Designated Food Scraps, to a facility, operation, activity, or propert y that recovers Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2. (C) Obtain approval from the City to haul Organic Waste, unless it is transporting Source Separated Organic Waste to a Community Composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1, the City’s Green Building Code (Chapter 5, Article 11 of Title 16 of this Code), and the City’s C&D recycling requirements. (2) Exclusive Franchised Hauler(s) authorized to collect Organic Waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement, permit, license, or other agreement entered into with the City. (b) Requirements for Facility Operators and Community Composting Operations (1) Owners of facilities, operations, and activities that recover Organic Waste, including, but not limited to, Compost facilities, in -vessel digestion facilities, and publicly-owned treatment works shall, upon City request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning p urposes. Entities contacted by the City shall respond within 60 days.
(2) Community Composting operators, upon City request, shall provide information to the City to support Organic Waste capacity planning, including, but not limited to, an estimate of the amount of Organic Waste anticipated to be handled at the Community Composting operation. Entities contacted by the City shall respond within 60 days.

6.37.090 Self-Hauler Requirements
(a) Self-Haulers shall source separate all Designated Recyclable Mate rials and Designated Organic Waste generated on-site from Solid Waste in a manner consistent with 14 CCR Section 18984.1.

(b) Self-Haulers shall haul their Source Separated Designated Recyclable Materials to a facility that recovers those materials; and haul their Source Separated Designated Organic Waste to a Solid Waste facility, operation, activity, or property that processes or recovers Source Separated Organic Waste.
(c) Self-Haulers that are Commercial Businesses (including Multi -Family Residential Dwellings) shall keep a record of the amount of Organic Waste delivered to each Solid Waste facility, operation, activity, or property that processes or recovers Organic Waste; this record shall be subject to Inspection by the City. The records shall includ e the following information:
(1) Delivery receipts and weight tickets from the entity accepting the waste. (2) The amount of material in cubic yards or tons transported by the generator to each entity.
(3) If the material is transported to an entity that does not have scales on -site, or employs scales incapable of weighing the Self-Hauler’s vehicle in a manner that allows it to determine the weight of materials received, the Self -Hauler is not required to record the weight of material but shall keep a record of the entities that received the Organic Waste.
(d) Self-Haulers that are Commercial Businesses (including Multi -Family Self - Haulers) shall provide information collected in Section 6.37.090(c) to City upon request. (e) A Single -Family residential Organic Waste Generator that self -hauls Organic Waste is not required to record or report information in Sections 6.37.090(c) and (d).

6.37.100 Model Water Efficient Landscaping Ordinance Requirements (a) In addition to any requirements set forth in Chapter 13.60 and Section 16-3.24.030 of this Code, property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from t he City, who are constructing a new (single -family, multi -family, public, institutional, or commercial) project with a landscape area greater than 500 square feet, or rehabilitating an existing landscape with a total landscape area greater than 2,500 square feet, shall comply with Sections 492.6(a)(3)(B), (C), (D), and (G) of the MWELO, as amended September 15, 2015, including sections related to use of Compost and mulch. (b) If, after the adoption of the ordinance creating this Chapter, the California Department of Water Resources, or its successor agency, amends 23 CCR, Division 2, Chapter 2.7, Sections 492.6(a)(3)(B), (C), (D), and (G) of the MWELO September 15, 2015 requirements in a manner that requires City to incorporate the requirements of an updated MWELO in a local ordinance, and the amended requirements include provisions more stringent than those required in this Section, the revised requirements of 23 CCR, Division 2, Chapter 2.7 shall be enforced.

6.37.110 Procurement Requirements for City Depar tments, Direct Service Providers, and Vendors
City departments, direct service providers to the City, and all vendors as applicable, must comply with the City’s Recovered Organic Waste Product procurement policy and Recycled-Content Paper procurement pol icy, including Section 2.28.300 of this Code, or any successor thereto.

6.37.120 Inspections and Investigations by City
(a) City employees and/or its Designee are authorized to conduct Inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or Source Separated materials to confirm compliance with this Chapter by Organic Waste Generators, Commercial Businesses (includ ing Multi -Family Residential Dwellings), property owners, Commercial Edible Food Generators, haulers, Self -Haulers, Food Recovery Services, and Food Recovery Organizations (“Regulated Entities”), subject to applicable laws. This Section does not allow the City to enter the interior of private residential property for Inspection.
(b) Regulated Entities shall provide or arrange for access during all Inspections (with the exception of residential property interiors) and shall cooperate with the City’s employee or its Designee during such Inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in containers, Edible Food Recovery activities, records, or any other requirement of this Chapter described herein. Failure to provide or arrange for: (i) access to an entity’s premises or (ii) access to records for any Inspection or investigation is a violation of this Chapter and may result in penalties described.
(c) Any records obtained by the City during its Inspections and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq., or any successor statute. (d) City representatives, and/or Designee are authorized to conduct any Inspections, or other investigations as reasonably necessary to further the goals of this Chapter, subject to applicable laws.
(e) The City shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints.

6.37.130 Enforcement
(a) Violation of any provision of this Chapter shall constitute grounds for issuance of a Notice of Violation, and absent satisfactory compliance within the time period specified in said notice, shall further constitute grounds for City Enforcement Officials to issue an administrative citation and assess a fine. The City’s procedures regarding issuance of

administrative citations and assessment of administrative fines as set forth in Chapter 1.05 of this Code are hereby incorporated in their entirety, as such may be modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this Chapter, and any rule or regulation adopted hereunder, except as otherwise indicated in this Chapter. (b) Other remedies allowed by law may be used, including civil actions or prosecution as misdemeanors or infractions as provided for in Section 1.04.010 of this Code. The City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. The City may choose to delay court action until such time as a sufficiently large number of vio lations, or cumulative size of violations exist such that court action is a reasonable use of City staff and resources.
(c) Responsible Entity for Enforcement
(1) Enforcement pursuant to this Chapter may be undertaken by City Enforcement Officials, which may be the City Manager, or such City employees as he/she may designate, legal counsel, or combination thereof. (A) City Enforcement Official(s) will interpret this Chapter; determine the applicability of waivers, if violation(s) have occurred; implement Enforcement Actions; and, determine if compliance standards are met. (B) City Enforcement Official(s) may issue Notices of Violation(s). (d) Process for Enforcement
(1) City Enforcement Official(s) and/or their Designee will monitor compliance with this Chapter randomly and through Compliance Reviews, Route Reviews, investigation of complaints, and an Inspection program. Section 6.37.120 establishes the City’s right to conduct Inspections and investigations. (2) For incidences of Prohibited Container Co ntaminants found in containers, the City or its Designee will issue an informational notice of contamination to any generator found to have Prohibited Container Contaminants in a container. Such notice will be provided via a cart tag or other communication immediately upon identification of the Prohibited Container Contaminants or within ten (10) days after determining that a violation has occurred. If the City or its Designee observes Prohibited Container Contaminants in a generator’s containers on more th an two (2) occasions, the City or its Designee may arrange for pick up and disposal of contaminated containers and assess contamination processing fees (such as return trip fees and extra pick-up fees) on the generator. City Enforcement Officials may address further incidences of Prohibited Container Contaminants by following the procedures set forth in Sections 6.37.130(d)(3) and (4). (3) To address violations of this Chapter the City shall issue a Notice of Violation requiring compliance within thirty ( 30) calendar days after issuance of

the notice, or such shorter reasonable specific time period as the City Enforcement Official shall assign within which the generator must correct or otherwise remedy each violation, but in no event less than twenty -four (24) hours from the date and time the Notice of Violation is issued.
(4) Absent compliance by the respondent within the deadline set forth in the Notice of Violation, City shall commence an action to impose penalties, via an administrative citation and fin e, pursuant to Chapter 1.05 of this Code, unless the City determines compliance deadline extensions as set forth in in Section

6.37.130(f) are found to be warranted by extenuating circumstances. (e) Penalty Amounts for Types of Violations
The penalty amounts for violations of this Chapter shall be consistent with the City’s Administrative Remedies Ordinance (Chapter 1.05 of this Code) and assessed at the rates referenced in Section 1.05.110(a) and stipulated in Section 1.04.010(b) of this Code. (f) Compliance Deadline Extension Considerations
The City may extend the compliance deadlines set forth in a Notice of Violation issued if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:
(1) Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;
(2) Delays in obtaining discretionary permits or other government agency approvals; or,
(3) Deficiencies in Organic Waste recycling infrastructure or Edible Food Recovery capacity and the City is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies. (g) Appeals Process
Persons receiving an administrat ive citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation in accordance with the appeal provisions of Chapter 1.05 of this Code.
(i) Education Period for Non-Compliance
Beginning January 1, 2022 and thro ugh December 31, 2023, the City will conduct Inspections, Route Reviews or waste evaluations, and Compliance Reviews, depending upon the type of regulated entity, to determine compliance, and if the City determines that an Organic Waste Generator, Self -Hauler, hauler, Tier One Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this Chapter and a notice that compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024.

(j) Civil Penalties for Non-Compliance
Beginning January 1, 2024, if the City determines that an Organic Wast e Generator, Self- Hauler, hauler, Tier One or Tier Two Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance with this Chapter, it shall document the noncompliance or violation, issue a Notice of Violation, and take Enforcement Action.

Section 3. Revision of Subsection 16-5.11.050(a) of Title 16, Chapter 5, Article 11 (Green Building Code) of the Victorville Municipal Code.

SUBSECTION 16 -5.11.050(a) OF TITLE 16, CHAPTER 5, ARTICLE 11 (GREEN BUILDING CODE) OF THE VICTORVILLE MUNICIPAL CODE IS HEREBY REVISED IN ITS ENTIRETY TO READ AS FOLLOWS:

Prior to permitting, documentation shall be provided to the City of Victorville that demonstrates compliance with this Section. The Plan shall in dicate the method by which a minimum of sixty -five percent (65%) of the site's nonhazardous construction and demolition debris waste materials shall be recycled and/or salvaged for reuse as well as indicate the manner of disposal for the remaining thirty-five percent (35%) of the construction waste.

Section 4. Repeal of Conflicting Provisions.

All the provisions of the Victorville Municipal Code heretofore adopted by the City Council of the City of Victorville that are in conflict with the provisions of this Ordinance are hereby repealed as of the effective date hereof.

Section 5. 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 6. CEQA Exemption.

The City Council finds and determines that this ordinance is exempt from the California Environmental Quality Act (CEQA) under State CEQA Guidelines Sections 15061(b)(3) and 15308 on the grounds that it can be seen with certainty that the enhanced solid waste regulations, as provided for in this Ordinance will not have a significant effect on the environment and that the new requirements, which strengthen requirements for the handling of solid waste, represent actions by a regulatory agency (the City) for the protection of the environment.

Section 7. Effective Date.

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

Section 8. Certification.

The City Clerk of the City of Victorville is hereby directed to certify to the passage and adoption of this Ordinance and to cause it to be published as required by law.

Item Number: 2
City Council / Board of Directors
Consent Calendar
Meeting of: April 5, 2022
Submitted By:

C. Eric Ray, Airport Director

Subject:

Notice of Completion for the Building 728 Carpet Replacement Project #CC22-028 Recommendation:

That the Honorable Southern California Logistics Airport Authority Board of Directors:
(1) Approve the Notice of Completion for the Building 728 Carpet Replacement Project #CC22-028, and
(2) Authorize the Airport Director to execute said Notice of Completion.

Fiscal Impact:

This action will result in a fiscal impact of $3,823. A retention of five percent was withheld from each pay estimate during construction as per the construction agreements.

Retention of $3,823 will be released thirty-five days after the Board of Directors approval and the recording of the Notice of Completion (“NOC”). Funds are available as follows:

Funding Source Budget FY 2021-2022
450-20110-95072 $3,823
Background:

Commercial carpet life expectancy is generally seven to ten years. The carpeting at Building 728, originally installed in 1998, was deteriorating, and was well beyond its expected useful life. The carpet represented a trip and fall hazard due to heavy buckling and wrinkles in highly trafficked areas. There were numerous locations throughout the building where carpet failures were visible, including heavy damage, seam failures and staining.

Due to the lower cost of installation and future maintenance, the decision was made to install carpet squares as opposed to rolled carpet for the Project. Staff proposed to use level loop stitch commercial carpet squares which will provide durability, stain resistance, 8 8
7 aesthetics and enable to staff to replace a soiled or damaged carpet square with a new square as the situation arises. The day-to-day maintenance of the appearance of the carpet tiles is simple as they respond well to regular vacuum cleaning and generally, as they are low pile, tend to collect less dirt.

Staff conducted a competitive bid solicitation in accordance with Municipal Code §2.28.200, for the purpose of procuring a licensed contractor to perform the work. The solicitation was advertised on August 25, 2021, with a job walk conducted on September 7, 2021.

On October 19, 2021, Your Honorable Board of Directors approved the award of a standard Construction Agreement to Carpet Club Inc. (“Carpet Club”) for the Building 728 Carpet Replacement Project, in the amount not to exceed $76,456. The award of the Construction Agreement was based on best price and past performance, in accordance with Municipal Code §2.28.040(a). Following contract execution, a Notice to Proceed was issued and construction commenced.

Discussion:

The Building 728 Carpet Replacement Project was completed within budget. The Project entailed the removal and replacement of approximately 12,090 square feet of existing carpet and matching four-inch carpet base.

On March 7, 2022, staff inspected and accepted the completed project performed by Carpet Club. Therefore, staff recommends that Your Honorable Southern California Logistics Airport Authority Board of Directors approve the issuance of the Notice of Completion for the Building 728 Carpet Replacement Project #CC22-028 and authorize its execution by the Airport Director.

Staff remains available for any questions or comments you may have.

CER/mlw
Attachments: A. Site Map
B. Notice of Completion

ATTACHMENT A

BLDG 728 SITE MAP

ATTACHMENT B

NOTICE OF COMPLETION

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

NAME
STREET

ADDRESS

CITY, STATE &

ZIP CODE
ONLY
APN# NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:

The undersigned is OWNER or AGENT OF THE OWNER of the interest or estate stated below in the property hereinafter described.

The full NAME of the OWNER is
The ADDRESS of the OWNER is
The NATURE OF THE INTEREST or estate of the undersigned is (e.g. fee, leasehold, joint tenancy, vendee under a contract of purchase, etc.) The full name(s) and address(es) of all persons, if any, who hold such interest or estate with the undersigned as joint tenants or as tenants in common are:

Name Address
The full name(s) and address(es) of the successor(s) in interest of the undersigned if the property was transferred subsequent to the commencement of the work of improvement herein referred to:

Name Address
A work of improvement on the property hereinafter described was COMPLETED on The work of improvement completed is described as
The name of the original contractor, if any, for such work of improvement was:

The property on which said work of improvement was completed is in the City of , County of , State of California, and is DESCRIBED AS FOLLOWS:

(if applicable)
Signature of Owner or Agent of Owner
The street address of said property is
Dated:

I, am the (Name of below signor) (Owner, President, Authorized Agent, Partner, etc.) the declarant of the foregoing Notice of Completion. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. (Date and Place) (Signature)
Recording of this document is fee-exempt under Government Code Section 6103. No Documentary Transfer Tax is due on the document pursuant to Revenue Taxation Code Section 11922 Item Number: 3
City Council / Board of Directors
Consent Calendar
Meeting of: April 5, 2022
Submitted By:

Andre de Bortnowsky, City Attorney

Subject:

Settlement Agreement between the City of Victorville and Haryadi Gunawan Tjitradjaja Recommendation:

That the Honorable City Council approve the Citation Settlement Agreement by and between Haryadi Gunawan Tjitradjaja and the City of Victorville in regard to Citation No. 25413 and Superior Court Case No. CIVSB2108816.

Fiscal Impact:

The City recovered its abatement costs of $3,308.44 in September 2021. This amount was allocated to the account as reflected below:

Account No. Description Amount
1004030-44350 Code Compliance - Cost Recovery $3,308.44 Background:

On December 17, 2019, the City of Victorville (“City”) adopted Ordinance No. 2400 amending the Victorville Municipal Code (“VMC”) to include section 13.150.060. VMC section 13.150.060 became effective on January 1, 2020 and provides an administrative citation and fine structure for excess cannabis cultivation within the City limits. The State of California allows for the cultivation of up to six (6) cannabis plants at a residential property. VMC section 13.150.060(c) prohibits cultivation of cannabis in excess of six (6) plants at residential properties within the City limits. A violation of VMC section

13.150.050(c) carries a $100.00 fine per plant for plants found in excess of the six (6) allowable cannabis plants.

In recent history, the City’s Police and Code Compliance Departments have encountered excess cannabis cultivation operations inside residential homes. A typical excess cannabis cultivation within the City has ranged from approximately 200 to 2,000 cannabis plants being cultivated inside a residential home. These excess cannabis cultivation 2 5
1 5
operations result in substantial damage to the interior of the home. Although the prohibition of excess cannabis cultivation applies to commercial properties within City limits as well as homes, the majority of these types of illegal cannabis cultivation operations occur inside residential properties.

The City’s Police and Code Compliance Departments investigate excess cannabis cultivation operations. These departments issue citations to the property owner or responsible party. The City’s Building Department, along with the Police and Code Compliance Departments, work to secure the residence, record building and safety violations present at the property that are the result of the excess cannabis cultivation, stabilize the utilities, and remove the cannabis from the home. The City incurs abatement costs related to the work completed by City departments stemming from the cannabis removal and securing the residential or commercial structure.

The administrative citation and fine process defined in VMC section 13.150.060 is one way the City combats excess cannabis cultivations within its City limits. Enforcement of the City’s excess cannabis cultivation ordinance is intended to protect the health, welfare, and safety of the City’s residents from the public nuisance conditions associated with these properties.

Discussion:

Haryadi Gunawan Tjitradjaja owns a residential property in Victorville. An excess cannabis cultivation operation was found inside his residential property in December 2020. The City issued a citation for a violation of VMC section 13.150.060(c). The City's Code Compliance, Police and Building Departments abated the dangerous conditions present at Mr. Tjitradjdja’s property. Mr. Tjitradjaja desires to settle the court case associated with his appeal of the citation issued by the City. Pursuant to a Closed Session discussion on December 7, 2021, Mr. Tjitradjaja has accepted the terms of the settlement offer from the City Council. The settlement terms, which are memorialized in the attached settlement agreement, waive the fine and any penalties, interest or other fees that have accrued since the issuance of the citation. Mr. Tjitradjaja previously paid the City’s abatement costs in September 2021 and no further amount is due.

Staff and the City Attorney’s office recommend approval of the attached Citation Settlement Agreement as it is consistent with the Council direction given at its December 7, 2021 Closed Session meeting.

Attachments: A. Citation Settlement Agreement

ATTACHMENT A
Citation Settlement Agreement

Item Number: 4
City Council / Board of Directors
Consent Calendar
Meeting of: April 5, 2022
Submitted By:

John Mendiola, Finance Director / City Treasurer

Subject:

Commercial Demand Schedule No. 18
Recommendation:

That the City Council and Board of Directors ratify Commercial Demand Schedule No. 18 in the amount of $8,744,397.16, covering Electronic Fund Transfers No. 329196 through 329326 and Warrant No. 784831 through 785017 for 03/09/2022 through 03/16/2022 and Wire Transfers dated 03/11/2022, per the adopted budget for Fiscal Year 2021-2022 for the period covering July 1, 2021 through June 30, 2022.

Fiscal Impact:

The total fiscal impact for FY21-22 in the amount of $8,744,397.16 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. 18 Check Register Summary ATTACHMENT A:

Commercial Demand Schedule No. 18 Check Register Summary

CITY OF VICTORVILLE
Report generated: 03/17/2022 08:28 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
329196 03/09/2022 EFT 010537 ACCO ENGINEERED SYSTEMS, 7,004.00 329197 03/09/2022 EFT 019621 AGA ENGINEERS, INC. 8,400.00 329198 03/09/2022 EFT 000104 DANTIN ENTERPRISES, INC. 7,175.00 329199 03/09/2022 EFT 001646 ALLSTAR FIRE EQUIPMENT 7,024.33 329200 03/09/2022 EFT 019580 ASTRUM UTILITY SERVICES 15,500.00 329201 03/09/2022 EFT 007650 BAKER & TAYLOR, INC. 165.31 329202 03/09/2022 EFT 000297 BECK OIL, INC. 44,261.83
329203 03/09/2022 EFT 015877 BOOT BARN, INC. 1,538.22
329204 03/09/2022 EFT 014954 BRIDGEPAY NETWORK SOLUTIO 1,510.10 329205 03/09/2022 EFT 002720 CALIFORNIA TOOL & WELDING 1,027.35 329206 03/09/2022 EFT 014820 CAL-STATE AUTO PARTS 144.85 329207 03/09/2022 EFT 015486 CONSOLIDATED ELECTRICAL D 352.08 329208 03/09/2022 EFT 012875 J W D'ANGELO CO INC 526.44 329209 03/09/2022 EFT 010282 DELTA DENTAL INSURANCE CO 3,593.59 329210 03/09/2022 EFT 009492 DELTA DENTAL OF CALIFORNI 29,722.71 329211 03/09/2022 EFT 000760 DESERT SERVICE STATION MA 1,244.30 329212 03/09/2022 EFT 022345 DIAMOND ENVIRONMENTAL SER 388.41 329213 03/09/2022 EFT 015760 FASTENAL COMPANY 129.39
329214 03/09/2022 EFT 017560 FERGUSON ENTERPRISES, LLC 664.32 329215 03/09/2022 EFT 017560 FERGUSON WATERWORKS 558.98 329216 03/09/2022 EFT 018275 FRANZ BOLOWICH D.O., INC. 1,625.00 329217 03/09/2022 EFT 016134 FRONTIER COMMUNICATIONS C 7,761.47 329218 03/09/2022 EFT 003960 CENGAGE LEARNING, INC. 478.23 329219 03/09/2022 EFT 001740 G.A. OSBORNE PIPE-SUPPLY 605.37 329220 03/09/2022 EFT 001063 GOODYEAR TIRE & RUBBER CO 172.81 329221 03/09/2022 EFT 001076 GRAINGER 59.45
329222 03/09/2022 EFT 003047 GRAVES & KING LLP 12,022.31 329223 03/09/2022 EFT 001104 HAAKER EQUIPMENT CO. 1,046.38 329224 03/09/2022 EFT 017752 HATTRIX INC. 694.91
329225 03/09/2022 EFT 000278 HI DESERT ALARM 496.00
329226 03/09/2022 EFT 020333 THE ILLUMINATION FOUNDATI 249,916.73 329227 03/09/2022 EFT 007512 IMPERIAL SPRINKLER SUPPLY 2,199.51 329228 03/09/2022 EFT 024922 INFOSEND, INC 18,179.45
329229 03/09/2022 EFT 004986 LESLIE'S SWIMMING POOL SU 234.03 329230 03/09/2022 EFT 000696 L.N. CURTIS & SONS 2,984.45 329231 03/09/2022 EFT 015804 MISSION AMBULANCE, INC. 101,916.66 329232 03/09/2022 EFT 016352 MONTGOMERY, ROGER 175.00
329233 03/09/2022 EFT 028462 NINYO & MOORE GEOTECHNICA 57,886.05 329234 03/09/2022 EFT 001789 PARKHOUSE TIRE, INC. 114.41 329235 03/09/2022 EFT 002992 PUBLIC ENTITY RISK MANAGE 1,109,497.00 329236 03/09/2022 EFT 013165 PETE'S ROAD SERVICE 341.89 329237 03/09/2022 EFT 001886 PRUDENTIAL OVERALL SUPPLY 145.17 329238 03/09/2022 EFT 000319 R&R INDUSTRIES, INC. 500.44 329239 03/09/2022 EFT 018886 R.D. OFFUTT COMPANY 52.74
329241 03/09/2022 EFT 012308 ROADPOST USA ,INC. 119.48
329242 03/09/2022 EFT 017604 SAFELITE FULFILLMENT, INC 373.99 329243 03/09/2022 EFT 002037 SAN BERNARDINO COUNTY 2,705,615.00 329245 03/09/2022 EFT 001153 DS SERVICES OF AMERICA, I 133.38 329246 03/09/2022 EFT 002252 STOVER SEED COMPANY 1,512.19 329247 03/09/2022 EFT 018368 TARGETSOLUTIONS LEARNING, 504.33 329248 03/09/2022 EFT 017269 TOWN & COUNTRY TIRE INC 1,950.39 329249 03/09/2022 EFT 022839 TRIMARK ASSOCIATES, INC. 5,807.16

CITY OF VICTORVILLE
Report generated: 03/17/2022 08:28 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
329250 03/09/2022 EFT 002419 UNDERGROUND SERVICE ALERT 733.88 329251 03/09/2022 EFT 029118 UNITED ROTARY BRUSH CORPO 2,087.42 329252 03/09/2022 EFT 014536 UNITED SITE SERVICES OF C 2,771.46 329253 03/09/2022 EFT 000095 UNIVAR SOLUTIONS USA INC. 13,266.25 329254 03/09/2022 EFT 008430 CALMAT COMPANY 1,281.00
329255 03/09/2022 EFT 002481 VICTOR VALLEY ANIMAL PROT 22,470.67 329256 03/09/2022 EFT 002505 VICTORVILLE DISPOSAL, INC 927,174.54 329257 03/09/2022 EFT 002862 V.V. TOW, INC. 85.00
329258 03/09/2022 EFT 002554 WAXIE SANITARY SUPPLY 1,619.74 329259 03/09/2022 EFT 005698 WEST COAST ARBORISTS INC. 41,686.00 329260 03/16/2022 EFT 010063 10-8 RETROFIT, INC. 20,800.66 329261 03/16/2022 EFT 010537 ACCO ENGINEERED SYSTEMS, 700.00 329262 03/16/2022 EFT 000104 DANTIN ENTERPRISES, INC. 890.00 329263 03/16/2022 EFT 000165 ANIMAL EMERGENCY CLINIC 1,063.00 329264 03/16/2022 EFT 018562 BEST POWER EQUIPMENT, LLC 535.11 329265 03/16/2022 EFT 000205 ATLAS COPCO USA HOLDINGS 81,013.99 329266 03/16/2022 EFT 000297 BECK OIL, INC. 25,240.94
329267 03/16/2022 EFT 000312 BEST, BEST & KRIEGER 9,656.50 329268 03/16/2022 EFT 015877 BOOT BARN, INC. 175.00
329269 03/16/2022 EFT 003245 CALIFORNIA DEPARTMENT OF 571.00 329270 03/16/2022 EFT 002720 CALIFORNIA TOOL & WELDING 369.06 329271 03/16/2022 EFT 014820 CAL-STATE AUTO PARTS 1,711.55 329272 03/16/2022 EFT 016335 CHARTER COMMUNICATION HOL 15,973.94 329273 03/16/2022 EFT 015486 CONSOLIDATED ELECTRICAL D 383.08 329274 03/16/2022 EFT 000662 THE COUNSELING TEAM INTER 950.00 329275 03/16/2022 EFT 012505 DESERT ENVIRONMENTAL SERV 135.00 329276 03/16/2022 EFT 005295 DOKKEN ENGINEERING 21,866.76 329277 03/16/2022 EFT 019731 EL DORADO BROADCASTERS LL 1,247.00 329278 03/16/2022 EFT 010860 ESTRADA, MIGUEL A. 14,900.00 329279 03/16/2022 EFT 015760 FASTENAL COMPANY 336.00
329280 03/16/2022 EFT 017560 FERGUSON ENTERPRISES, LLC 127.05 329281 03/16/2022 EFT 016134 FRONTIER COMMUNICATIONS C 379.21 329282 03/16/2022 EFT 001002 G & M AUTOMOTIVE & TOWING 190.00 329283 03/16/2022 EFT 001740 G.A. OSBORNE PIPE-SUPPLY 1,320.88 329284 03/16/2022 EFT 018175 GENERAL PUMP COMPANY, INC 22,240.35 329285 03/16/2022 EFT 001063 GOODYEAR TIRE & RUBBER CO 2,636.17 329286 03/16/2022 EFT 001076 GRAINGER 25.73
329287 03/16/2022 EFT 003047 GRAVES & KING LLP 2,034.45 329288 03/16/2022 EFT 001104 HAAKER EQUIPMENT CO. 6,388.55 329289 03/16/2022 EFT 018938 HARRIS & ASSOCIATES, INC. 1,015.00 329290 03/16/2022 EFT 028225 HESPERIA OUTDOOR POWER EQ 625.23 329291 03/16/2022 EFT 007512 IMPERIAL SPRINKLER SUPPLY 3,235.94 329292 03/16/2022 EFT 018048 INDUSTRIAL CLERICAL RECRU 857.68 329293 03/16/2022 EFT 001282 INLAND KENWORTH, INC. 200.63 329294 03/16/2022 EFT 000094 KIMBALL MIDWEST 567.14
329295 03/16/2022 EFT 000226 LARRY WALKER ASSOCIATES, 1,107.50 329296 03/16/2022 EFT 007566 LEGAL AID SOCIETY OF SAN 3,237.54 329297 03/16/2022 EFT 000696 L.N. CURTIS & SONS 4,502.80 329298 03/16/2022 EFT 017743 PULICE, SAMUEL A. 104.83
329299 03/16/2022 EFT 016352 MONTGOMERY, ROGER 175.00
329300 03/16/2022 EFT 016376 SHEPARD, MARSHALL 15,000.00 329301 03/16/2022 EFT 003523 ODYSSEY POWER CORPORATION 5,123.63

CITY OF VICTORVILLE
Report generated: 03/17/2022 08:28 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
329302 03/16/2022 EFT 028213 O'REILLY AUTO PARTS 11.77
329303 03/16/2022 EFT 001789 PARKHOUSE TIRE, INC. 2,539.45 329304 03/16/2022 EFT 013165 PETE'S ROAD SERVICE 1,824.22 329305 03/16/2022 EFT 001886 PRUDENTIAL OVERALL SUPPLY 465.90 329306 03/16/2022 EFT 019063 QUADIENT, INC. 90.27
329307 03/16/2022 EFT 000319 R&R INDUSTRIES, INC. 1,108.17 329308 03/16/2022 EFT 018886 R.D. OFFUTT COMPANY 96.30
329309 03/16/2022 EFT 024930 REFRIGERATION SUPPLIES DI 9.25 329310 03/16/2022 EFT 002063 SBC FIRE DEPARTMENT 1,501.00 329311 03/16/2022 EFT 017081 SEDARU, INC. 18,360.00
329312 03/16/2022 EFT 002123 SHERWIN WILLIAMS COMPANY 1,473.95 329313 03/16/2022 EFT 010553 SPOK, INC. 12.07
329314 03/16/2022 EFT 017269 TOWN & COUNTRY TIRE INC 170.43 329315 03/16/2022 EFT 001169 AUTO PARTS DIRECT LLC 613.25 329316 03/16/2022 EFT 002419 UNDERGROUND SERVICE ALERT 848.17 329317 03/16/2022 EFT 014536 UNITED SITE SERVICES OF C 2,355.68 329318 03/16/2022 EFT 027706 HD SUPPLY FACILITIES MAIN 754.29 329319 03/16/2022 EFT 015095 WHITTINGSLOW, EDWARD 4,324.37 329320 03/16/2022 EFT 015079 VERIZON WIRELESS SERVICES 2,890.07 329321 03/16/2022 EFT 008430 CALMAT COMPANY 2,111.94
329322 03/16/2022 EFT 002862 V.V. TOW, INC. 554.00
329323 03/16/2022 EFT 002498 VICTOR VALLEY WASTEWATER 963,352.92 329324 03/16/2022 EFT 002554 WAXIE SANITARY SUPPLY 521.16 329325 03/16/2022 EFT 022033 WOODARD & CURRAN, INC. 2,596.00 329326 03/16/2022 EFT 018845 Z GLOBAL INC. 23,038.36
784831 03/09/2022 PRINTED 016199 34TH STREET, INC. 1,500.00 784832 03/09/2022 PRINTED 018004 AFLAC PREMIUM HOLDING 3,633.56 784833 03/09/2022 PRINTED 020042 ANGEL ROCK AND SAND 337.13 784834 03/09/2022 PRINTED 017968 AVCOM SERVICES, INC. 396.50 784835 03/09/2022 PRINTED 000179 APPLE VALLEY FIRE PROTECT 1,200.00 784836 03/09/2022 PRINTED 025164 BANK OF NEW YORK MELLON T 2,098.80 784837 03/09/2022 PRINTED 000290 BATTERY MART OF APPLE VAL 399.98 784838 03/09/2022 PRINTED 010670 BLUE SHIELD OF CALIFORNIA 8,827.54 784839 03/09/2022 PRINTED 017353 BOUND TREE MEDICAL, LLC 2,777.80 784840 03/09/2022 PRINTED 019946 BURNS & MCDONNELL ENGINEE 267,898.96 784841 03/09/2022 PRINTED 016222 CACEO 190.00
784842 03/09/2022 PRINTED 000787 STATE OF CALIFORNIA 919.50 784843 03/09/2022 PRINTED 015839 CAL POLY POMONA FOUNDATIO 950.00 784844 03/09/2022 PRINTED 020940 CARLILE, DEL 160.00
784845 03/09/2022 PRINTED 020633 CASPER, SARAH 414.67
784846 03/09/2022 PRINTED 001162 CAZCOM, INC. 763.17
784847 03/09/2022 PRINTED 000155 CENTURY LINK 434.93
784848 03/09/2022 PRINTED 019955 CLIFTONLARSONALLEN LLP 17,360.00 784849 03/09/2022 PRINTED 017750 CMC RESCUE INC. 21,367.86 784850 03/09/2022 PRINTED 011084 COMMERCIAL TRANSPORTATION 159.00 784851 03/09/2022 PRINTED 020761 CONCORD UTILITY SERVICES 55,946.68 784852 03/09/2022 PRINTED 014721 CORE & MAIN LP 13,587.05 784853 03/09/2022 PRINTED 018933 CUMMINS, INC. 72.57
784854 03/09/2022 PRINTED 010687 HONG, JAMES 849.00
784855 03/09/2022 PRINTED 018020 DIXON PEST CONTROL, INC. 108.00 784856 03/09/2022 PRINTED 019925 DOCU SIGN, INC. 12,004.96 784857 03/09/2022 PRINTED 017560 FERGUSON HVAC 18.92

CITY OF VICTORVILLE
Report generated: 03/17/2022 08:28 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
784858 03/09/2022 PRINTED 000975 FRANKLIN TRUCK PARTS, INC 52.37 784859 03/09/2022 PRINTED 020634 GONZALEZ, JESUS 281.56 784860 03/09/2022 PRINTED 020886 CAMPOS, ADAM 2,305.00
784861 03/09/2022 PRINTED 025408 THE HARTFORD - PRIORITY A 1,919.55 784862 03/09/2022 PRINTED 025408 THE HARTFORD - PRIORITY A 42,839.65 784863 03/09/2022 PRINTED 001285 INLAND WATER WORKS SUPPLY 429.56 784864 03/09/2022 PRINTED 020752 INMAR RX SOLUTIONS, INC. 236.25 784865 03/09/2022 PRINTED 018348 IWIG, TYLER 155.00
784866 03/09/2022 PRINTED 015165 JUAT, JAN JORDY MATIAS 144.00 784867 03/09/2022 PRINTED 001358 KAMAN INDUSTRIAL TECHNOLO 15.83 784868 03/09/2022 PRINTED 020913 LAMAS, WILLIAM 87.00
784869 03/09/2022 PRINTED 000361 MARK BROWN & ASSOCIATES, 150.00 784870 03/09/2022 PRINTED 008421 NAFA 499.00
784871 03/09/2022 PRINTED 001648 NAPA AUTO PARTS 30.72
784872 03/09/2022 PRINTED 001648 NAPA AUTO PARTS 211.52 784873 03/09/2022 PRINTED 017734 NEPHRON STERILE COMPOUNDI 900.00 784874 03/09/2022 PRINTED 020815 NEXTERA ENERGY CAPITAL HO 543,513.60 784875 03/09/2022 PRINTED 011032 QUARTON, ANDREW 155.00 784876 03/09/2022 PRINTED 001910 R & R PRODUCTS, INC. 582.90 784877 03/09/2022 PRINTED 009180 RIVERSIDE COUNTY SHERIFF' 651.00 784878 03/09/2022 PRINTED 003150 ROBERTSON'S 1,793.11
784879 03/09/2022 PRINTED 020899 RUSH TRUCK CENTERS OF CAL 632.17 784880 03/09/2022 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 180,502.44 784881 03/09/2022 PRINTED 017936 STAPLES INC 44.87
784882 03/09/2022 PRINTED 002269 SUNLAND FORD 171.28
784883 03/09/2022 PRINTED 002204 SOUTHWEST GAS CORPORATION 310,446.49 784884 03/09/2022 PRINTED 999992 TYLER, NANNETTE 65.00
784885 03/09/2022 PRINTED 001116 TORRES, MANUEL 175.00
784886 03/09/2022 PRINTED 017862 SOARES AUTOMOTIVE INC. 307.10 784887 03/09/2022 PRINTED 001147 WAGE WORKS 352.50
784888 03/09/2022 PRINTED 008527 ZOLL MEDICAL CORPORATION 10,048.50 784889 03/09/2022 PRINTED 020941 REWARD STRATEGY GROUP, IN 4,400.00 784890 03/09/2022 PRINTED 001751 ARMSTRONG, SAMUEL 120.85 784891 03/09/2022 PRINTED 020927 BARLOW, LINDA A 31.26
784892 03/09/2022 PRINTED 020930 BHATIA, KARAN 808.88
784893 03/09/2022 PRINTED 020923 BUSHEM, MITCHELL BRADLEY 19.61 784894 03/09/2022 PRINTED 020933 CHICAGO TITLE CO 66.04 784895 03/09/2022 PRINTED 020914 DELGADO, DANIEL 31.67
784896 03/09/2022 PRINTED 020931 DESERT EMPIRE DRILLING 478.32 784897 03/09/2022 PRINTED 020919 DINH, TAM 53.96
784898 03/09/2022 PRINTED 020084 ELEVEN WESTERN BUILDERS I 81.88 784899 03/09/2022 PRINTED 020298 FARINELLI, JOHN 689.88 784900 03/09/2022 PRINTED 020298 FARINELLI, JOHN 689.88 784901 03/09/2022 PRINTED 020932 FIDELITY NATIONAL TITLE C 77.44 784902 03/09/2022 PRINTED 020937 FIDELITY NATIONAL TITLE C 240.41 784903 03/09/2022 PRINTED 020928 GAUNT, RAYMOND P. 689.88 784904 03/09/2022 PRINTED 020916 KB HOME COASTAL INC 64.86 784905 03/09/2022 PRINTED 020916 KB HOME COASTAL INC 63.45 784906 03/09/2022 PRINTED 020916 KB HOME COASTAL INC 30.80 784907 03/09/2022 PRINTED 020916 KB HOME COASTAL INC 52.32 784908 03/09/2022 PRINTED 020916 KB HOME COASTAL INC 117.18 784909 03/09/2022 PRINTED 020916 KB HOME COASTAL INC 83.34

CITY OF VICTORVILLE
Report generated: 03/17/2022 08:28 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
784910 03/09/2022 PRINTED 020936 LAC, JACK 31.58
784911 03/09/2022 PRINTED 020929 MURPHY CONSTRUCTION 706.87 784912 03/09/2022 PRINTED 020918 MYERS, GREGORY PHILIP 52.69 784913 03/09/2022 PRINTED 020915 NAVARRO, DANIEL JR 63.08 784914 03/09/2022 PRINTED 020922 NAVARRO, NATHALIE 22.43 784915 03/09/2022 PRINTED 020350 OPENDOOR LABS INC 97.75 784916 03/09/2022 PRINTED 020942 PACIFIC COAST TITLE CO 41.26 784917 03/09/2022 PRINTED 018381 PHANG, THAI XUONG 81.16 784918 03/09/2022 PRINTED 004064 PROVEST REALTY INC 66.04 784919 03/09/2022 PRINTED 004064 PROVEST REALTY INC 51.54 784920 03/09/2022 PRINTED 020920 RHEE, SOOWON 18.20
784921 03/09/2022 PRINTED 019845 RICHMOND AMERICAN HOMES 69.95 784922 03/09/2022 PRINTED 019845 RICHMOND AMERICAN HOMES 74.18 784923 03/09/2022 PRINTED 019845 RICHMOND AMERICAN HOMES 85.24 784924 03/09/2022 PRINTED 019845 RICHMOND AMERICAN HOMES 72.77 784925 03/09/2022 PRINTED 019845 RICHMOND AMERICAN HOMES 88.82 784926 03/09/2022 PRINTED 019845 RICHMOND AMERICAN HOMES 74.50 784927 03/09/2022 PRINTED 020917 ROBERTS, VIOLETTE 11.80 784928 03/09/2022 PRINTED 020924 SECC CORPORATION 682.76 784929 03/09/2022 PRINTED 020926 TGM VENTURES PARTNERS LP 64.09 784930 03/09/2022 PRINTED 020934 TICOR TITLE CO 50.22
784931 03/09/2022 PRINTED 020935 TICOR TITLE CO 94.75
784932 03/09/2022 PRINTED 000750 VICTORVILLE 115, LP 689.88 784933 03/09/2022 PRINTED 020921 XIAO, JING QI 14.46
784934 03/09/2022 PRINTED 020925 Z & Z PROPERTY INVESTMENT 53.96 784935 03/09/2022 PRINTED 020337 ZILLOW HOMES PROPERTY TRU 13.28 784936 03/14/2022 PRINTED 003965 SCOTT, KIMBERLIE 1,889.26 784937 03/16/2022 PRINTED 016204 4LEAF, INC. 26,819.95
784938 03/16/2022 PRINTED 013312 A & B HITCHES AND MUFFLER 437.81 784939 03/16/2022 PRINTED 015507 UNIVERSAL PROTECTION SERV 22,456.07 784940 03/16/2022 PRINTED 014878 ALLTECH INDUSTRIES, INC 500.00 784941 03/16/2022 PRINTED 017044 ALTMAN, MATTHEW 320.00 784942 03/16/2022 PRINTED 000191 APPLIED INDUSTRIAL TECH 1,029.04 784943 03/16/2022 PRINTED 017968 AVCOM SERVICES, INC. 1,451.50 784944 03/16/2022 PRINTED 000179 APPLE VALLEY FIRE PROTECT 600.00 784945 03/16/2022 PRINTED 999974 BARRERA, GABRIEL 57.50 784946 03/16/2022 PRINTED 025164 BANK OF NEW YORK MELLON T 2,120.00 784947 03/16/2022 PRINTED 000380 BURRTEC WASTE INDUSTRIES 2,457.44 784948 03/16/2022 PRINTED 000380 BURRTEC WASTE INDUSTRIES 28,524.78 784949 03/16/2022 PRINTED 000380 BURRTEC WASTE INDUSTRIES 3,451.66 784950 03/16/2022 PRINTED 999975 CARRETERO, STEPHANIE 65.00 784951 03/16/2022 PRINTED 016222 CACEO 38.00
784952 03/16/2022 PRINTED 000787 STATE OF CALIFORNIA 3,000.00 784953 03/16/2022 PRINTED 014097 CANON SOLUTIONS AMERICA, 231.00 784954 03/16/2022 PRINTED 020755 MIKE CAPOSIO BUICK GMC, L 471.86 784955 03/16/2022 PRINTED 013668 CHRISTENSEN BROTHERS GENE 88,344.69 784956 03/16/2022 PRINTED 018141 CR&R INCORPORATED 341.88 784957 03/16/2022 PRINTED 000764 DESERT TRUCK SUPPLY 404.31 784958 03/16/2022 PRINTED 020212 E SOURCE COMPANIES LLC 3,200.00 784959 03/16/2022 PRINTED 000910 FAIRVIEW FORD SALES, INC. 317.73 784960 03/16/2022 PRINTED 002607 FAUST MEDIA SERVICES, LLC 455.66 784961 03/16/2022 PRINTED 000917 FEDERAL EXPRESS CORP. 24.77

CITY OF VICTORVILLE
Report generated: 03/17/2022 08:28 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
784962 03/16/2022 PRINTED 000975 FRANKLIN TRUCK PARTS, INC 25.94 784963 03/16/2022 PRINTED 999979 GALLARDO, CRYSTAL 65.00 784964 03/16/2022 PRINTED 017444 GLADWELL GOVERNMENTAL SER 500.00 784965 03/16/2022 PRINTED 020022 THE GREATER HIGH DESERT C 550.00 784966 03/16/2022 PRINTED 017053 HIGH DESERT LOCK & SAFE, 338.53 784967 03/16/2022 PRINTED 001155 HESPERIA HOSE SUPPLY 407.24 784968 03/16/2022 PRINTED 022301 ID WHOLESALER 1,592.74 784969 03/16/2022 PRINTED 016775 INTERWEST CONSULTING GROU 137.50 784970 03/16/2022 PRINTED 019268 IRONWOOD CONSULTING, INC 24,688.70 784971 03/16/2022 PRINTED 020667 CONDON, JOSEPH 4,250.00 784972 03/16/2022 PRINTED 012130 JONES, ANTHONY 105.00
784973 03/16/2022 PRINTED 999983 KING, REBECCA 65.00
784974 03/16/2022 PRINTED 010135 KAT EQUIPMENT LEASING INC 907.20 784975 03/16/2022 PRINTED 028879 KOA CORPORATION 58,652.40 784976 03/16/2022 PRINTED 004807 KONE, INC. 350.00
784977 03/16/2022 PRINTED 018875 KONICA MINOLTA BUSINESS S 1,452.83 784978 03/16/2022 PRINTED 018875 KONICA MINOLTA BUSINESS S 2,495.89 784979 03/16/2022 PRINTED 017076 LANPHAR, JAMES 221.47
784980 03/16/2022 PRINTED 004590 LEGACY HOMES 16,089.09 784981 03/16/2022 PRINTED 999985 MCNEALY, RODNEY 65.00
784982 03/16/2022 PRINTED 999985 MONTOYA, YVETTE 65.00
784983 03/16/2022 PRINTED 000361 MARK BROWN & ASSOCIATES, 195.00 784984 03/16/2022 PRINTED 020823 MENDEZ, XAVIER 230.53
784985 03/16/2022 PRINTED 019193 MERRELL ENGINEERING COMPA 8,406.00 784986 03/16/2022 PRINTED 019967 MOJAVE AUTO COLLISION 7,097.62 784987 03/16/2022 PRINTED 001637 MYERS TIRE SUPPLY 515.57 784988 03/16/2022 PRINTED 001648 NAPA AUTO PARTS 5,566.58 784989 03/16/2022 PRINTED 001711 OFFICEMAX NORTH AMERICA 1,869.44 784990 03/16/2022 PRINTED 999988 PAYNE, SAMANTHA 130.00 784991 03/16/2022 PRINTED 009123 PATTON SALES CORP. 204.10 784992 03/16/2022 PRINTED 005599 PORTER, TOM 246.70
784993 03/16/2022 PRINTED 999990 RODRIGUEZ, TRISHA 43.00 784994 03/16/2022 PRINTED 999990 ROMERO, CRISTA 65.00
784995 03/16/2022 PRINTED 011466 RANGE VEHICLE CENTER INC. 83.00 784996 03/16/2022 PRINTED 003150 ROBERTSON'S 730.43
784997 03/16/2022 PRINTED 002746 ROTO ROOTER PLUMBERS 6,586.00 784998 03/16/2022 PRINTED 002037 SAN BERNARDINO COUNTY 90,685.85 784999 03/16/2022 PRINTED 002037 SAN BERNARDINO COUNTY 190.06 785000 03/16/2022 PRINTED 007321 SIMPLOT PARTNERS FULLERTO 12,336.60 785001 03/16/2022 PRINTED 018370 SITEONE LANDSCAPE SUPPLY 2,683.60 785002 03/16/2022 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 23,366.15 785003 03/16/2022 PRINTED 020284 SOCAL PPE, LLC 271.88
785004 03/16/2022 PRINTED 020727 SPEIGHT, KACHE M. 58.04 785005 03/16/2022 PRINTED 011303 SPORTSENGINE, INC. 164.00 785006 03/16/2022 PRINTED 017936 STAPLES INC 1,090.58
785007 03/16/2022 PRINTED 002236 STATE WATER RESOURCES CON 60.00 785008 03/16/2022 PRINTED 002269 SUNLAND FORD 1,006.84
785009 03/16/2022 PRINTED 011869 TRAFFIX DEVICES INC. 1,236.42 785010 03/16/2022 PRINTED 015430 TRI-PACIFIC SUPPLY, INC. 3,923.17 785011 03/16/2022 PRINTED 014914 ULINE SHIPPING SUPPLY SPE 251.20 785012 03/16/2022 PRINTED 016520 UNITED STATES CUSTOMS AND 744.96 785013 03/16/2022 PRINTED 023108 VCA MESA ANIMAL HOSPITAL 479.25

CITY OF VICTORVILLE
Report generated: 03/17/2022 08:28 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
785014 03/16/2022 PRINTED 005896 VICTOR VALLEY HAND CAR WA 55.00 785015 03/16/2022 PRINTED 016522 VICTOR VALLEY COLLEGE 13,500.00 785016 03/16/2022 PRINTED 001147 WAGE WORKS 352.50
785017 03/16/2022 PRINTED 029510 WEST END MATERIAL SUPPLY 769.30 316 CHECKS CASH ACCOUNT TOTAL 8,744,033.97 .00
Wires Initiated Through Wells Fargo Bank

DATE OF

WIRE ACCOUNT NAME DESCRIPTION AMOUNT WELLS FARGO BANK
CONF #
03/11/22 Vantage Transfer Agents - 401 Vantage Transfer Agents - 401 Payment $ 363.19 CHIPS:0237924/001136 Total: $ 363.19
Item Number: 5
City Council / Board of Directors
Consent Calendar
Meeting of: April 5, 2022
Submitted By:

John Mendiola, Finance Director / City Treasurer

Subject:

Payroll Warrant List
Recommendation:

That the City Council and Board of Directors ratify the Payroll Demand Schedule No. 8B for Payroll Period February 04, 2022 through February 18, 2022, in the amount of $1,556,594.79 covering Check Nos. 32675 through Nos. 32694, including Vendor checks.

Please note employee Check Nos. 32677 and 32682 have a live Check and an EFT Advice. Also included are Advice Nos. 285503 through 285943, per adopted budget for Fiscal Year 2021-2022 period covering July 1, 2021 through June 30, 2022.

Fiscal Impact:

A total fiscal impact of $1,556,594.79 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 021822
Attachment A
Payroll Report PPE 021822
City of Victorville Council Payroll Report 03/07/2022Page 1 of 13 City of Victorville
City Council Payroll Report
Payroll Period Beginning: February 04, 2022 through February 18, 2022 Checks
Check Number Employee ID Check Date Total Net
32675 3564 02/11/2022 $3,181.10
32676 3551 02/25/2022 $606.27
32677 3596 02/25/2022 $12.78
32678 3554 02/25/2022 $136.57
32679 3466 02/25/2022 $136.57
32680 3614 02/25/2022 $136.57
32681 3556 02/25/2022 $136.57
32682 2705 02/25/2022 $819.44
32683 3622 02/25/2022 $905.33
32684 3629 02/25/2022 $1,786.40
32685 2795 02/25/2022 $330.03
32686 74 02/25/2022 $100.00
32687 74 02/25/2022 $200.00
32688 240 02/25/2022 $5.00
32689 787 02/25/2022 $233.00
32690 1145 02/25/2022 $100.00
32691 1182 02/25/2022 $100.00
32692 13491 02/25/2022 $422.31
32693 18154 02/25/2022 $175.00
32694 20821 02/25/2022 $423.00
Checks Total 9,945.94
City of Victorville Council Payroll Report 03/07/2022Page 2 of 13 Advices
Check Number Employee ID Check Date Total Net
32677 3596 02/25/2022 $2,542.72
32682 2705 02/25/2022 $2,000.00
285503 2749 02/14/2022 $774.21
285504 3425 02/23/2022 $2,570.41
285505 3608 02/25/2022 $2,128.19
285506 1099 02/25/2022 $657.43
285507 3495 02/25/2022 $1,886.26
285508 3597 02/25/2022 $3,058.42
285509 3243 02/25/2022 $2,570.25
285510 2115 02/25/2022 $5,212.06
285511 3142 02/25/2022 $1,419.67
285512 2682 02/25/2022 $2,021.52
285513 3297 02/25/2022 $630.71
285514 3458 02/25/2022 $357.45
285515 3229 02/25/2022 $4,051.38
285516 3283 02/25/2022 $2,427.07
285517 1064 02/25/2022 $4,415.38
285518 2287 02/25/2022 $3,237.36
285519 3467 02/25/2022 $1,715.83
285520 1706 02/25/2022 $4,657.32
285521 2395 02/25/2022 $2,693.53
285522 3625 02/25/2022 $1,631.65
285523 2624 02/25/2022 $2,324.19
285524 3043 02/25/2022 $1,761.50
285525 3031 02/25/2022 $2,396.05
285526 1748 02/25/2022 $2,561.43
285527 2361 02/25/2022 $1,988.46
285528 3502 02/25/2022 $1,741.40
285529 3561 02/25/2022 $2,340.91
285530 1903 02/25/2022 $1,602.91
285531 3616 02/25/2022 $2,173.25
285532 3527 02/25/2022 $1,514.86
285533 2627 02/25/2022 $1,871.14
285534 2366 02/25/2022 $1,675.08
285535 2618 02/25/2022 $1,972.34
285536 2594 02/25/2022 $2,434.15
285537 2297 02/25/2022 $1,685.22
285538 3516 02/25/2022 $2,328.07
285539 2093 02/25/2022 $1,540.71
285540 1973 02/25/2022 $3,158.13
285541 2019 02/25/2022 $2,268.80
City of Victorville Council Payroll Report 03/07/2022Page 3 of 13 285542 3494 02/25/2022 $2,224.69
285543 3538 02/25/2022 $1,611.08
285544 2102 02/25/2022 $2,669.89
285545 2233 02/25/2022 $2,599.41
285546 2606 02/25/2022 $1,958.65
285547 3046 02/25/2022 $1,772.29
285548 1635 02/25/2022 $4,657.21
285549 3327 02/25/2022 $1,989.92
285550 3619 02/25/2022 $1,222.31
285551 3624 02/25/2022 $1,844.73
285552 3009 02/25/2022 $3,522.84
285553 2619 02/25/2022 $2,152.88
285554 2603 02/25/2022 $1,606.84
285555 2491 02/25/2022 $2,106.32
285556 2235 02/25/2022 $2,577.56
285557 2300 02/25/2022 $2,952.04
285558 2655 02/25/2022 $1,420.86
285559 2032 02/25/2022 $2,567.16
285560 2685 02/25/2022 $1,606.56
285561 3521 02/25/2022 $2,022.79
285562 3528 02/25/2022 $1,762.57
285563 3045 02/25/2022 $2,271.38
285564 3499 02/25/2022 $1,979.89
285565 3362 02/25/2022 $1,833.14
285566 2232 02/25/2022 $2,473.70
285567 1957 02/25/2022 $2,135.77
285568 3290 02/25/2022 $1,904.29
285569 3085 02/25/2022 $1,896.63
285570 3246 02/25/2022 $2,955.53
285571 2042 02/25/2022 $4,607.33
285572 3615 02/25/2022 $2,300.05
285573 2323 02/25/2022 $2,903.34
285574 1767 02/25/2022 $2,696.79
285575 3508 02/25/2022 $1,883.29
285576 2225 02/25/2022 $3,152.97
285577 3544 02/25/2022 $1,778.77
285578 3221 02/25/2022 $2,494.28
285579 1533 02/25/2022 $2,165.45
285580 3501 02/25/2022 $3,711.57
285581 2833 02/25/2022 $1,849.75
285582 1627 02/25/2022 $3,607.08
285583 2211 02/25/2022 $4,243.34
285584 3497 02/25/2022 $972.36
285585 1426 02/25/2022 $951.70
City of Victorville Council Payroll Report 03/07/2022Page 4 of 13 285586 3105 02/25/2022 $1,644.13
285587 2254 02/25/2022 $3,058.15
285588 3618 02/25/2022 $1,733.33
285589 3482 02/25/2022 $1,317.09
285590 3354 02/25/2022 $2,987.65
285591 3011 02/25/2022 $1,659.42
285592 3623 02/25/2022 $1,012.05
285593 3295 02/25/2022 $1,650.01
285594 3184 02/25/2022 $3,013.58
285595 3400 02/25/2022 $1,844.87
285596 3547 02/25/2022 $1,012.05
285597 2742 02/25/2022 $2,517.80
285598 3089 02/25/2022 $3,054.81
285599 2379 02/25/2022 $2,437.61
285600 3565 02/25/2022 $1,012.05
285601 2711 02/25/2022 $1,570.70
285602 2099 02/25/2022 $1,939.58
285603 3586 02/25/2022 $1,667.77
285604 3190 02/25/2022 $2,178.68
285605 2249 02/25/2022 $4,304.95
285606 3250 02/25/2022 $1,270.10
285607 3548 02/25/2022 $1,012.05
285608 3511 02/25/2022 $1,692.69
285609 3581 02/25/2022 $1,253.75
285610 3396 02/25/2022 $1,775.38
285611 3519 02/25/2022 $2,139.79
285612 3541 02/25/2022 $2,325.30
285613 2499 02/25/2022 $2,548.48
285614 3379 02/25/2022 $1,947.65
285615 2105 02/25/2022 $4,094.82
285616 2515 02/25/2022 $2,149.48
285617 2679 02/25/2022 $2,123.67
285618 3490 02/25/2022 $1,892.45
285619 3475 02/25/2022 $2,824.83
285620 3353 02/25/2022 $2,291.94
285621 3627 02/25/2022 $1,753.25
285622 3542 02/25/2022 $2,225.21
285623 1955 02/25/2022 $2,986.50
285624 3147 02/25/2022 $2,504.70
285625 1632 02/25/2022 $2,289.23
285626 3148 02/25/2022 $2,703.59
285627 3195 02/25/2022 $1,655.47
285628 3602 02/25/2022 $2,070.42
285629 1970 02/25/2022 $2,196.20
City of Victorville Council Payroll Report 03/07/2022Page 5 of 13 285630 1520 02/25/2022 $1,983.95
285631 2605 02/25/2022 $1,874.36
285632 3505 02/25/2022 $3,825.17
285633 2540 02/25/2022 $3,074.54
285634 3522 02/25/2022 $1,736.12
285635 2377 02/25/2022 $2,463.82
285636 1079 02/25/2022 $2,353.15
285637 3463 02/25/2022 $2,392.45
285638 2312 02/25/2022 $2,248.88
285639 3510 02/25/2022 $2,175.81
285640 1901 02/25/2022 $5,199.29
285641 3628 02/25/2022 $2,307.78
285642 3068 02/25/2022 $1,884.75
285643 3129 02/25/2022 $3,119.08
285644 1998 02/25/2022 $2,743.21
285645 2376 02/25/2022 $3,987.21
285646 2111 02/25/2022 $2,647.77
285647 3303 02/25/2022 $3,147.48
285648 3558 02/25/2022 $2,251.01
285649 1655 02/25/2022 $2,867.52
285650 3285 02/25/2022 $2,214.22
285651 1529 02/25/2022 $1,624.07
285652 3238 02/25/2022 $3,629.29
285653 3242 02/25/2022 $2,224.78
285654 3346 02/25/2022 $2,099.59
285655 1776 02/25/2022 $2,805.84
285656 3192 02/25/2022 $1,850.05
285657 2635 02/25/2022 $2,239.75
285658 2798 02/25/2022 $1,970.73
285659 2522 02/25/2022 $854.77
285660 3265 02/25/2022 $1,795.20
285661 1503 02/25/2022 $2,636.57
285662 1515 02/25/2022 $2,186.37
285663 2505 02/25/2022 $2,280.26
285664 3299 02/25/2022 $1,568.67
285665 3113 02/25/2022 $1,940.08
285666 1007 02/25/2022 $3,080.02
285667 2343 02/25/2022 $593.80
285668 3273 02/25/2022 $2,136.55
285669 3121 02/25/2022 $1,699.68
285670 1497 02/25/2022 $2,242.87
285671 3537 02/25/2022 $2,027.66
285672 2192 02/25/2022 $1,625.79
285673 2034 02/25/2022 $1,864.36
City of Victorville Council Payroll Report 03/07/2022Page 6 of 13 285674 2275 02/25/2022 $5,514.70
285675 3380 02/25/2022 $2,024.83
285676 3191 02/25/2022 $1,811.28
285677 2530 02/25/2022 $2,608.05
285678 3496 02/25/2022 $313.20
285679 3051 02/25/2022 $1,784.26
285680 1750 02/25/2022 $2,217.15
285681 2770 02/25/2022 $1,729.39
285682 2228 02/25/2022 $2,001.91
285683 3101 02/25/2022 $2,399.65
285684 3335 02/25/2022 $1,882.17
285685 3611 02/25/2022 $1,083.69
285686 3388 02/25/2022 $1,096.24
285687 1249 02/25/2022 $1,952.47
285688 3284 02/25/2022 $1,649.73
285689 3580 02/25/2022 $1,012.05
285690 3621 02/25/2022 $1,012.05
285691 3270 02/25/2022 $1,499.50
285692 1117 02/25/2022 $3,025.55
285693 1625 02/25/2022 $2,639.57
285694 2248 02/25/2022 $1,803.94
285695 3620 02/25/2022 $1,071.94
285696 3263 02/25/2022 $1,465.69
285697 1588 02/25/2022 $1,960.90
285698 2189 02/25/2022 $2,238.73
285699 3560 02/25/2022 $1,461.89
285700 3509 02/25/2022 $2,044.48
285701 3226 02/25/2022 $1,854.57
285702 3257 02/25/2022 $1,629.78
285703 1121 02/25/2022 $2,068.96
285704 2689 02/25/2022 $926.66
285705 3149 02/25/2022 $2,191.41
285706 2181 02/25/2022 $2,078.01
285707 1865 02/25/2022 $2,173.98
285708 3479 02/25/2022 $1,022.96
285709 3331 02/25/2022 $1,563.43
285710 1723 02/25/2022 $1,291.15
285711 3288 02/25/2022 $997.65
285712 3296 02/25/2022 $1,823.14
285713 3572 02/25/2022 $936.14
285714 2531 02/25/2022 $3,713.48
285715 1513 02/25/2022 $2,202.28
285716 2118 02/25/2022 $984.59
285717 3387 02/25/2022 $908.76
City of Victorville Council Payroll Report 03/07/2022Page 7 of 13 285718 3330 02/25/2022 $1,457.47
285719 2681 02/25/2022 $3,035.92
285720 2119 02/25/2022 $1,680.27
285721 1612 02/25/2022 $2,146.79
285722 1282 02/25/2022 $2,353.99
285723 3610 02/25/2022 $1,012.05
285724 3277 02/25/2022 $1,661.34
285725 3287 02/25/2022 $1,740.37
285726 3037 02/25/2022 $1,547.40
285727 1449 02/25/2022 $2,400.23
285728 3481 02/25/2022 $997.65
285729 2677 02/25/2022 $4,382.24
285730 3341 02/25/2022 $1,770.93
285731 1137 02/25/2022 $1,549.50
285732 2383 02/25/2022 $1,665.10
285733 3130 02/25/2022 $1,681.88
285734 2489 02/25/2022 $1,426.25
285735 3361 02/25/2022 $1,707.64
285736 3139 02/25/2022 $1,528.30
285737 3099 02/25/2022 $2,205.36
285738 2696 02/25/2022 $1,663.81
285739 1287 02/25/2022 $2,638.03
285740 3536 02/25/2022 $2,028.07
285741 1254 02/25/2022 $1,796.04
285742 3187 02/25/2022 $1,748.47
285743 2368 02/25/2022 $1,737.40
285744 3095 02/25/2022 $1,820.52
285745 3532 02/25/2022 $1,696.19
285746 3258 02/25/2022 $1,022.32
285747 3100 02/25/2022 $2,343.48
285748 3259 02/25/2022 $1,022.32
285749 3344 02/25/2022 $1,605.72
285750 1338 02/25/2022 $3,194.93
285751 3507 02/25/2022 $902.28
285752 2229 02/25/2022 $1,566.07
285753 1049 02/25/2022 $2,130.26
285754 1506 02/25/2022 $1,757.59
285755 3568 02/25/2022 $540.61
285756 1959 02/25/2022 $3,417.33
285757 3004 02/25/2022 $1,858.23
285758 1893 02/25/2022 $1,818.87
285759 3626 02/25/2022 $1,768.61
285760 1581 02/25/2022 $2,309.97
285761 3279 02/25/2022 $1,806.53
City of Victorville Council Payroll Report 03/07/2022Page 8 of 13 285762 2460 02/25/2022 $1,790.53
285763 3112 02/25/2022 $1,689.95
285764 2732 02/25/2022 $1,676.98
285765 3338 02/25/2022 $1,438.75
285766 2552 02/25/2022 $1,760.78
285767 2476 02/25/2022 $4,458.67
285768 2279 02/25/2022 $2,025.90
285769 3515 02/25/2022 $4,402.00
285770 3092 02/25/2022 $1,244.38
285771 3138 02/25/2022 $2,534.57
285772 3146 02/25/2022 $2,631.90
285773 2748 02/25/2022 $2,265.98
285774 2669 02/25/2022 $2,956.54
285775 2623 02/25/2022 $2,065.71
285776 2637 02/25/2022 $2,137.63
285777 3079 02/25/2022 $1,615.27
285778 2638 02/25/2022 $2,560.47
285779 3513 02/25/2022 $1,744.28
285780 3109 02/25/2022 $2,262.93
285781 2671 02/25/2022 $2,952.38
285782 3019 02/25/2022 $2,767.95
285783 2593 02/25/2022 $2,145.81
285784 3328 02/25/2022 $2,325.55
285785 3461 02/25/2022 $1,962.17
285786 2626 02/25/2022 $1,986.01
285787 3038 02/25/2022 $2,060.85
285788 3052 02/25/2022 $1,805.94
285789 2290 02/25/2022 $1,810.70
285790 3110 02/25/2022 $2,852.93
285791 2641 02/25/2022 $1,842.30
285792 2612 02/25/2022 $2,211.55
285793 2642 02/25/2022 $2,451.01
285794 2674 02/25/2022 $2,198.35
285795 3231 02/25/2022 $2,270.67
285796 3228 02/25/2022 $2,217.17
285797 2628 02/25/2022 $2,509.52
285798 3301 02/25/2022 $1,504.65
285799 2630 02/25/2022 $2,272.41
285800 2643 02/25/2022 $1,813.09
285801 3182 02/25/2022 $2,239.78
285802 2599 02/25/2022 $2,239.73
285803 2683 02/25/2022 $2,188.46
285804 2753 02/25/2022 $2,051.83
285805 2610 02/25/2022 $3,054.94
City of Victorville Council Payroll Report 03/07/2022Page 9 of 13 285806 3323 02/25/2022 $1,707.98
285807 1389 02/25/2022 $3,035.20
285808 3264 02/25/2022 $1,794.46
285809 2808 02/25/2022 $2,083.00
285810 2646 02/25/2022 $1,897.82
285811 3617 02/25/2022 $1,612.60
285812 2600 02/25/2022 $2,486.65
285813 2524 02/25/2022 $2,254.24
285814 2686 02/25/2022 $1,843.21
285815 2193 02/25/2022 $2,150.27
285816 3322 02/25/2022 $2,282.55
285817 3230 02/25/2022 $2,773.08
285818 1931 02/25/2022 $2,094.68
285819 2038 02/25/2022 $1,674.51
285820 2339 02/25/2022 $2,118.68
285821 2678 02/25/2022 $3,221.78
285822 3240 02/25/2022 $1,971.44
285823 3215 02/25/2022 $2,692.24
285824 3035 02/25/2022 $2,361.84
285825 3185 02/25/2022 $2,034.59
285826 1853 02/25/2022 $2,614.11
285827 3503 02/25/2022 $2,266.84
285828 3589 02/25/2022 $727.70
285829 3579 02/25/2022 $27.31
285830 3570 02/25/2022 $356.19
285831 3376 02/25/2022 $2,735.32
285832 3384 02/25/2022 $964.39
285833 3386 02/25/2022 $1,799.70
285834 2488 02/25/2022 $625.44
285835 3120 02/25/2022 $846.67
285836 3474 02/25/2022 $821.37
285837 3582 02/25/2022 $661.07
285838 3252 02/25/2022 $2,315.68
285839 3070 02/25/2022 $1,948.18
285840 1866 02/25/2022 $1,444.37
285841 3371 02/25/2022 $887.98
285842 3577 02/25/2022 $177.54
285843 3267 02/25/2022 $930.55
285844 2478 02/25/2022 $938.87
285845 3470 02/25/2022 $755.93
285846 3315 02/25/2022 $846.67
285847 3573 02/25/2022 $150.23
285848 3471 02/25/2022 $919.25
285849 3531 02/25/2022 $3,368.67
City of Victorville Council Payroll Report 03/07/2022Page 10 of 13 285850 3587 02/25/2022 $794.85
285851 3029 02/25/2022 $1,631.37
285852 3326 02/25/2022 $2,917.27
285853 3609 02/25/2022 $794.85
285854 3492 02/25/2022 $335.75
285855 3491 02/25/2022 $292.81
285856 3576 02/25/2022 $587.26
285857 3566 02/25/2022 $577.42
285858 3397 02/25/2022 $1,843.89
285859 2006 02/25/2022 $2,277.89
285860 2684 02/25/2022 $1,418.66
285861 1966 02/25/2022 $1,962.90
285862 2204 02/25/2022 $2,829.47
285863 2355 02/25/2022 $1,913.62
285864 3500 02/25/2022 $2,027.70
285865 3601 02/25/2022 $1,739.71
285866 2039 02/25/2022 $1,705.98
285867 3281 02/25/2022 $1,247.99
285868 1990 02/25/2022 $1,889.46
285869 3550 02/25/2022 $1,795.14
285870 2629 02/25/2022 $1,874.61
285871 3348 02/25/2022 $1,520.36
285872 1544 02/25/2022 $2,254.12
285873 3543 02/25/2022 $1,752.59
285874 3107 02/25/2022 $1,959.92
285875 3081 02/25/2022 $1,869.09
285876 3523 02/25/2022 $3,138.28
285877 3271 02/25/2022 $1,645.15
285878 3017 02/25/2022 $3,937.59
285879 3512 02/25/2022 $2,168.26
285880 2027 02/25/2022 $1,288.15
285881 2330 02/25/2022 $2,151.11
285882 1932 02/25/2022 $1,635.12
285883 2590 02/25/2022 $1,552.01
285884 3437 02/25/2022 $7,156.94
285885 3416 02/25/2022 $1,569.26
285886 3421 02/25/2022 $2,028.31
285887 3439 02/25/2022 $2,104.63
285888 3440 02/25/2022 $4,549.72
285889 3441 02/25/2022 $5,684.19
285890 3559 02/25/2022 $4,429.48
285891 3473 02/25/2022 $3,943.94
285892 3406 02/25/2022 $3,781.44
285893 3422 02/25/2022 $5,026.87
City of Victorville Council Payroll Report 03/07/2022Page 11 of 13 285894 3407 02/25/2022 $3,331.88
285895 3442 02/25/2022 $3,669.00
285896 3368 02/25/2022 $1,245.47
285897 3433 02/25/2022 $2,846.97
285898 3469 02/25/2022 $3,183.62
285899 3424 02/25/2022 $3,404.59
285900 3414 02/25/2022 $2,673.43
285901 3443 02/25/2022 $3,076.46
285902 3600 02/25/2022 $2,892.50
285903 3598 02/25/2022 $3,276.52
285904 3418 02/25/2022 $4,015.53
285905 3444 02/25/2022 $2,036.43
285906 3583 02/25/2022 $4,663.75
285907 3585 02/25/2022 $2,983.14
285908 1718 02/25/2022 $7,354.30
285909 3409 02/25/2022 $2,105.29
285910 3426 02/25/2022 $5,632.16
285911 3584 02/25/2022 $2,540.71
285912 3410 02/25/2022 $5,288.85
285913 3447 02/25/2022 $3,375.78
285914 3427 02/25/2022 $5,319.37
285915 3607 02/25/2022 $2,876.28
285916 3411 02/25/2022 $6,367.62
285917 3448 02/25/2022 $2,442.95
285918 3571 02/25/2022 $1,826.93
285919 3518 02/25/2022 $1,660.17
285920 3449 02/25/2022 $3,471.36
285921 3428 02/25/2022 $2,856.43
285922 3429 02/25/2022 $2,392.39
285923 3455 02/25/2022 $3,404.76
285924 3451 02/25/2022 $3,497.77
285925 3595 02/25/2022 $4,060.95
285926 3430 02/25/2022 $3,511.87
285927 3452 02/25/2022 $3,804.68
285928 3417 02/25/2022 $3,295.07
285929 3431 02/25/2022 $2,327.11
285930 3419 02/25/2022 $2,426.47
285931 3524 02/25/2022 $2,424.90
285932 3412 02/25/2022 $3,326.13
285933 3420 02/25/2022 $5,484.92
285934 3378 02/25/2022 $3,749.54
285935 3435 02/25/2022 $2,598.59
285936 3432 02/25/2022 $3,288.59
285937 3408 02/25/2022 $5,389.84
City of Victorville Council Payroll Report 03/07/2022Page 12 of 13 285938 3445 02/25/2022 $3,615.25
285939 3456 02/25/2022 $1,325.34
285940 3591 02/25/2022 $3,396.58
285941 3392 02/25/2022 $3,194.37
285942 2210 02/25/2022 $8,486.12
285943 3434 02/25/2022 $4,952.57
Advices Total 1,002,444.51
City of Victorville Council Payroll Report 03/07/2022Page 13 of 13 Electronic Vendor Payments
Vendor # Check Date Total Gross
IRS 0 2/11/2022 762.76
IRS 0 2/14/2022 364.9
IRS 0 2/23/2022 874.78
IRS 0 2/25/2022 173292.75
State Taxes 0 2/11/2022 211.74
State Taxes 0 2/15/2022 131.93
State Taxes 0 2/24/2022 234.34
State Taxes 0 2/28/2022 45501.08
CASDU 0 3/1/2022 4585.51
CASDU 0 3/2/2022 689.42
Deferred Comp (457) 0 2/28/2022 83716.96
Deferred Comp (401a) 0 2/25/2022 363.19
PERS 0 3/2/2022 230654.98
VV Professional Firefighters 2/24/2022 2,820.00
Total Electronic Payments 544,204.34
Item Number: 6
City Council / Board of Directors
Consent Calendar
Meeting of: April 5, 2022
Submitted By:

Jennifer Thompson, City Clerk

Subject:

Second Reading of Ordinance No. 2426
Recommendation:

That the City Council adopt, by second reading, Ordinance No. 2426 adopting the zone change portion of Case No. PLAN20-00009, a zone change to reclassify approximately two acres of a 12 acre project site from C-2 general commercial to R-4 very high density residential with a mitigated negative declaration on property located at the southeast corner of Balsam Road and the logical extension of Winona Street.

Fiscal Impact:

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

Discussion:

At the Regular City Council meeting held on March 15, 2022, the City Council unanimously voted to introduce Ordinance No. 2426, adopting the zone change portion of Case No. PLAN20-00009, a zone change to reclassify approximately two acres of a 12 acre project site from C-2 general commercial to R-4 very high density residential with a mitigated negative declaration on property located at the southeast corner of Balsam Road and the logical extension of Winona Street.

This ordinance is being presented for adoption and once adopted, will become effective May 5, 2022.

Attachments: A. Ordinance No. 2426

ATTACHMENT A

ORDINANCE NO. 2426

A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE ADOPTING THE ZONE CHANGE PORTION OF CASE NO. PLAN20-00009, A ZONE CHANGE TO RECLASSIFY APPROXIMATELY TWO ACRES OF A 12 ACRE PROJECT SITE FROM C-2 GENERAL COMMERCIAL TO R-4 VERY HIGH DENSITY RESIDENTIAL WITH A MITIGATED NEGATIVE

DECLARATION ON PROPERTY LOCATED AT THE SOUTHEAST CORNER OF BALSAM

ROAD AND THE LOGICAL EXTENSION OF WINONA STREET
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 Section 16-2.01.020 of the Victorville Municipal Code, a property owner has initiated a Zone Change regarding real property in the City of Victorville, County of San Bernardino, State of California, particularly described as follows:

PARCEL ONE: THE WEST ½ OF THE NORTHWEST ¼ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 29, TOWNSHIP 5 NORTH, RANGE 4 WEST, SAN

BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. AND PARCEL TWO: THE EAST ½ O THE NORTHWEST ¼ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 29, TOWNSHIP 5 NORTH, RANGE 4 WEST, SAN BERNARDINO BASE MERIDIAN,

IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF; and
WHEREAS, the Planning Commission held a public hearing was held on the 9 th
day of February, 2022, pursuant to Title 7, Division I, Chapter 3 of the Government Code of the State of California, to hear arguments for and against the proposal; and after hearing all testimony offered; the Victorville Planning Commission adopted Resolution No. P-22-011, which recommended to the City Council the adoption of the Zone Change specified in Planning Case No. PLAN20-00009; and
WHEREAS, the City Council finds that, pursuant to Title 16, Chapter 3, Article 8 of the Victorville Municipal Code the proposed location is adequate in size to accommodate the proposed Zone Change to R-4 Very High Density Residential as the site meets the minimum size requirements of the Development Code; and
WHEREAS, the City Council finds that the proposed Zone Change to Very High Density Residential will have no adverse effect upon abutting property as the Zone Change will be consistent with the abutting development to the east and consistent with the larger ten acre portion of the project to the north of and abutting the subject parcel; and WHEREAS, the City Council finds that the proposed General Plan Amendment reduces future land use conflicts and results in a higher and better use as the parcel has limited visibility from the adjacent roadways, located behind a fuel station; and WHEREAS, the City Council finds that the change of 2.36 acres to Very High Density Residential with further the City in reaching the Regional Housing Needs Assessment (RHNA) and City’s Affirmatively Furthering Fair Housing (AFFH) goals outlined by the State by increasing the affordable housing units capable of being developed by approximately 45 dwelling units based on the 2.36 acres proposed to be redesignated; and WHEREAS, the Initial Study, supporting documents, and a Mitigated Negative Declaration for the proposed Site Plan have been presented to the City Council, and after review and consideration of the environmental information the City Council found that the proposal will not have a significant effect on the environment and therefore adopts the Mitigated Negative Declaration; and
WHEREAS, the City Council finds that the Mitigated Negative Declaration reflects the lead agency’s independent judgment and analysis; and
WHEREAS, the City Council finds that the loss of 2.36 acres of commercial zoning will not impact the City’s ability to provide adequate retail commercial areas nor negatively impact existing adjacent commercial developments as adequate landscape buffers and setbacks have been provided; and
WHEREAS, the City Council finds that all materials that constitute the record of proceeding upon which its decision is based shall be located with the City of Victorville Clerk, located at 14343 Civic Drive, Victorville, California, and WHEREAS, Pursuant to Title 7, Division I, Chapter 4, Article 2 of the Government Code of the State of California and Section 16-2.01.060 of the Victorville Municipal Code, a duly noticed Public Hearing was held by the City Council on the 15 th day of March, 2022 to hear
arguments for and against the Zone Change, and after hearing all verbal and written testimony offered, including the Planning Commission’s recommendation and minutes, and after thoroughly reviewing and considering the Zone Change, 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. Staff Update
The City Council instructs City Staff to update the Zoning Map of the City of Victorville to conform to the Zone Change described herein.

Item Number: 7
City Council / Board of Directors
Consent Calendar
Meeting of: April 5, 2022
Submitted By:

Jennifer Thompson, City Clerk

Subject:

Minutes of the January 18, 2022, February 1, 2022, and February 15, 2022 Regular City Council Meetings
Recommendation:

That the Honorable City Council approve the minutes of the Regular City Council Meetings held on January 18, 2022, February 1, 2022, and February 15, 2022 Fiscal Impact:

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

Attachments: A. Minutes of the January 18, 2022 Regular City Council Meeting B. Minutes of the February 1, 2022 Regular City Council Meeting C. Minutes of the February 15, 2022 Regular City Council Meeting Attachment A
Minutes of the January 18, 2022
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, January 18, 2022
5:00 p.m. Closed Session
6:00 p.m. Regular 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

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 A.

TELECONFERENCING REQUIREMENTS

A. Conduct of City Council Meetings Pursuant to AB 361

Recommendation:

That the City Council make the following findings:
(1) A state of emergency, as a result of the threat of COVID -19 still exists and continues to impact the ability of members of the public, the City Council members, City staff and consultants/presenters to meet safely in person; and
(2) The State of California and the City of Victorville continue to follow safety measures in response to COVID-19 as ordered or recommended by the Centers for Disease Control and Prevention (CDC), California Department of Public Health (CDPH), and/or County of San Bernardino, as applicable, including facial coverings when required and social distancing; and (3) The City Council hereby declares that, pursuant to these findings, City staff are authorized to utilize teleconferencing accessibility to conduct public meetings pursuant to AB 361 (Stats. 2021, ch. 165) and Government Code § 54953, as amended thereby.

Questions ensued

Motion was made to approve staff recommendations

Moved: Councilmember Becerra
Seconded: Mayor Pro Tem Irving

Motion passed 3-1

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

Declaration of Closed Session Item(s) by City Attorney

City Attorney Andre de Bortnowsky announced five (5) closed session items as set forth on the agenda.

CITY COUNCIL

A. Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8:

Property Location: APN 0396-131-05
City Negotiators: Keith C. Metzler, City Manager, or authorized designee Negotiating Parties: Mustafa Family Living Trust 9-26-94 Under Negotiation: Price and terms of payment

B. Conference with Legal Counsel – Existing Litigation
Pursuant to Government Code § 54956.9(d)(1)
Case name unspecified: (Disclosure would jeopardize existing settlement negotiations)

C. Conference with Legal Counsel – Existing Litigation
Pursuant to Government Code § 54956.9(d)(1)
Case name unspecified: (Disclosure would jeopardize existing settlement negotiations)

D. Conference with Legal Counsel – Existing Litigation
Pursuant to Government Code § 54956.9(d)(1)
Case name unspecified: (Disclosure would jeopardize existing settlement negotiations)

E. Conference with Legal Counsel – Existing Litigation
Pursuant to Government Code § 54956.9(d)(1)
Case name unspecified: (Disclosure would jeopardize existing settlement negotiations)

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 five (5) closed session items as set forth on the agenda. There were no reportable actions with respect to these items.

Invocation: Pastor Michael Chandler of Victor Valley Bible Church

Pledge of Allegiance: Police Captain John Wickum

Proclamations/Special Presentations

Presentation Recognizing Sohan Patel, Winner of the City’s Annual Civil Rights Memorial Essay Contest

Presentation by City Manager to City Council – 2021 Highlights & Accomplishments

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:

Maggie Martin spoke on general items.

Blanca Gomez spoke on general items.

The Chair called for a recess at 6:49 p.m. to resolve technical issues.

Recess concluded at 6:55 p.m.

DeAnn Hudgens spoke on general items.

Jessica Haughton spoke on general items.

Roger LaPlante spoke on general items.

PUBLIC HEARING(S)

1. 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

Recommendation:

That the Honorable City Council conduct a public hearing, receive public testimony, and take the following actions:
(1) Find the proposal exempt from CEQA pursuant to Section 15061(b)(3) as “the project will have no significant effect upon the environment”;
(2) Introduce Ordinance No. 2424 for adoption and first reading by title only; and (3) Waive further reading in full of proposed Ordinance No. 2424; and (4) Adopt Resolution No. P -22-
006, approving a Development Plan for the Planned Unit
Development.

Questions ensued

The Chair opened the Public Hearing

The following people spoke:

Maggie Martin spoke in opposition.

Roger LaPlante spoke in opposition.

The Chair closed the Public Hearing

Motion was made to approve staff recommendations

Moved: Mayor Pro Tem Irving
Seconded: Councilmember Becerra

Comments ensued

Motion passes 4-0

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

2. An Amendment to the General Plan with an environmental Initial Study Negative Declaration to adopt an Updated Housing Element for the 6th Cycle Planning Period from 2021 to 2029

Recommendation:

That the Honorable City Council conduct a public hearing and adopt Resolution No. 22- 005, thereby adopting the 2021- 2029 Housing Element Update and the associated Negative Declaration.

Presentation by Dima Galkin from Harris & Associates regarding Housing Element updates

Questions ensued

The Chair opened the Public Hearing

The following people spoke:

Juan Olmedo spoke in support.

Roger LaPlante spoke on in support.

Jessica Haughton spoke in support.

The Chair closed the Public Hearing.

Motion was made to approve staff recommendation

Moved: Councilmember Becerra
Seconded: Mayor Pro Tem Irving

Comments ensued

Motion passes 4-0

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

CONSENT CALENDAR

3. Adoption of Resolution No. 22 -007 approving the Consent and Agreement and Estoppel Certificate documents required to facilitate the collateral assignment of the City’s Power Purchase Agreement with AM Wind Repower LLC for financing purposes, and authorizing the City Manager to execute said documents and take certain further associated actions

Recommendation:

The Honorable City Council Adopt Resolution No. 22-007 to:
(1) approve the Consent and Agreement and Estoppel Certificate documents required to facilitate the collateral assignment of the City’s Power Purchase Agreement with AM Wind Repower LLC; and
(2) authorize the City Manager to execute said documents 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, the Consent and Agreement, and the Estoppel Certificate

4. Subordination request for Residential Rehabilitation Program Case No. 20 -16-05 (16696 Joshua St., Victorville, CA 92395)

Recommendation:

That the Honorable City Council take the following actions regarding Residential Rehabilitation Program Case No. 20-16-05:
(1) Approve the Subordination Agreement; and
(2) Authorize the execution of the Subordination Agreement by the Deputy City Manager.

5. Notice of Completion – Industrial Boulevard and Silica Drive Improvement

Recommendation:

That the Honorable City Council accept as complete and approve the Notice of Completion for the Industrial Boulevard and Silica Drive Improvement.

6. Securities Substitution for Tract Map No. 17316

Recommendation:

That the Honorable City Council:
(1) Enter into a Subdivision Improvement Agreement with Richmond American Homes of Maryland, Inc.;
(2) Accept new securities for the outstanding public improvements; (3) Release the existing Subdivision Improvement Agreement with American Housing Group, Inc.; and
(4) Release the existing securities with American Housing Group, Inc.

7. CIP Year End Report

Recommendation:

That the Honorable City Council receive and file this report.

8. Fiscal Year 2021 -2022 Senate Bill -165 Annual Report for Community Facilities District No. 2018-001 (Victorville Lead Track)

Recommendation:

The City Council receive and file the Fiscal Year 2021 -2022 Senate Bill 165 Annual Report for Community Facilities District No. 2018 -001 (Victorville Lead Tr ack) pursuant to the Local Agency Special Tax and Bond Accountability Act.

9. Payroll Warrant List

Recommendation:

That the City Council and Board of Directors ratify the Payroll Demand Schedule No. 5B for Payroll Period November 12, 2021 through November 26, 2021, in the amount of $1,827,831.12 covering Check Nos. 32574 through Nos. 32588, including Vendor checks. Please note employee Check No. 32578 has a live Check and an EFT Advice. Also included are Advice Nos. 282885 through 283327, per adopted budget for Fiscal Year 2021- 2022 period covering July 1, 2021 through June 30, 2022. Please note this payroll includes Sick Leave Yearly Payoff and Stability Pay, item 10, adoption of Benefits Resolution No. 21-052 (Attachment B), with an approval at the June 15, 2021 meeting (Attachment C).

10. Commercial Demand Schedule No. 12

Recommendation:

That the City Council and Board of Directors ratify Commercial Demand Schedule No. 12 in the amount of $4,667,136.11, covering Electronic Fund Transfers No. 328102 through 328223 and Warrant No. 783840 through 783990 for 12/01/2021 through 12/08/2021 and W ire Transfers dated 12/03/2021, per the adopted budget for Fiscal Year 2021- 2022 for the period covering July 1, 2021 through June 30, 2022.

11. Payroll Warrant List

Recommendation:

That the City Council and Board of Directors ratify the Payroll De mand Schedule No. 6A for Payroll Period November 26, 2021 through December 10, 2021, in the amount of $1,525,041.03 covering Check Nos. 32589 through Nos. 32607, including Vendor checks. Please note employee Check No. 32594 has a live Check and an EFT Advi ce. Also included are Advice Nos. 283328 through 283769, per adopted budget for Fiscal Year 2021- 2022 period covering July 1, 2021 through June 30, 2022.

12. Commercial Demand Schedule No. 13

Recommendation:

That the City Council and Board of Directors ratify Commercial Demand Schedule No. 13 in the amount of $13,570,926.80, covering Electronic Fund Transfers No. 328224 through 328439 and Warrant No. 783991 through 784147 for 12/15/2021 through 12/22/2021 and Wire Transfers dated 12/17/2021, per the adopted budget for Fiscal Year 2021- 2022 for the period covering July 1, 2021 through June 30, 2022.

13. Second Reading of Ordinance No. 2423

Recommendation:

That the City Council adopt, by second reading, Ordinance No. 2423 adopting an amendment to the Old Town Specific Plan with an environmental finding of previously assessed to allow for studio efficiency residential units at a minimum size of 320 square feet on property larger than 15,000 net square feet generally located north of Moj ave Drive, south and east of Interstate I - 15 and west of Stoddard Wells Road.

Questions and comments ensued

Motion was made to approve staff recommendations

Moved: Mayor Pro Tem Irving
Seconded: Councilmember Becerra

Motion passes 4-0

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

WRITTEN COMMUNICATIONS

14. Standard Lease Agreement for Building 744 by and between the Southern California Logistics Airport Authority and International Aerospace Coatings, Inc

Recommendation:

That the Southern California Logistics Airport Authority (“SCLAA”) Board of Directors:
(1) approve entering into a Standard Lease Agreement for Building 744 (“Agreement”), by and between the SCLAA and International Aerospace Coatings, Inc. (“IAC”); and (2) authorize the Airport Director to execute said Agreement.

Questions ensued

Motion was made to approve staff recommendations

Moved: Mayor Pro Tem Irving
Seconded: Councilmember Becerra

Motion passed 4-0

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

15. Resolution No. 22 -001 Appointing a Voting Delegate and Alternate to the Public Entity Risk Management Authority (PERMA)

Recommendation:

That Your Honorable City Council adopt Resolution No. 22- 001 appointing a voting delegate and alternate to the PERMA.

Questions ensued

Motion was made to approve staff recommendation

Moved: Councilmember Becerra
Seconded: Mayor Pro Tem Irving

Motion passed 3-1

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

16. CalRecycle Waste Tire Amnesty Grant Acceptance

Recommendation:

That the Honorable City Council:
(1) Adopt Resolution No. 22-003 to authorize acceptance of the CalRecycle Waste Tire Amnesty Grant and authorize the City Manager or his designee to process all documents required for program administration; and
(2) Ratify the associated expenditure plan.

Questions ensued

Motion was made to approve staff recommendations

Moved: Councilmember Gomez
Seconded: Mayor Pro Tem Irving

Motion passed 4-0

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

17. Approval for Purchase of GE LED Traffic Signal Light Bulbs

Recommendation:

That the Honorable City Council approve the purchase of GE LED traffic signal light bulbs from Jam Services, Inc., in the amount of $98,353.50.

Questions ensued

Motion was made to approve staff recommendation

Moved: Councilmember Becerra
Seconded: Councilmember Gomez

Motion passed 4-0

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

18. La Mesa / Nisqualli Interchange 404 Permit Compliance Mitigation Site Coordination

Recommendation:

That the Honorable City Council approve Amendment No. 3 to the Consultant / Professional Services Provider Agreement with WSP USA Inc., to increase the compensation by an amount not to exceed of $42,659 for the La Mesa / Nisqualli Interchange Permit Compli ance and Mitigation Site Coordination.

Questions ensued

Motion was made to approve staff recommendation

Moved: Councilmember Becerra
Seconded: Mayor Pro Tem Irving

Motion passed 4-0

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

19. Amendment No. 1 to the Consultant/Professional Services Provider Agreement with Interim Shelter Lead Operator – Illumination Foundation

Recommendation:

That the Honorable City Council approve Amendment No. 1 to the Consultant/ Professional Services Provider Agreement with Illumination Foundation for an additional scope of work not to exceed the amount of $199,000.

Questions ensued

Motion was made to approve staff recommendation

Moved: Councilmember Becerra
Seconded Mayor Pro Tem Irving

Comments ensued

Motion passes 4-0

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

20. Wellness Center Project - Appropriation of Homekey Round 2 Grant Funding and Approval of Amendment No. 1 to the Consultant/Professional Services Provider Agreement with CMC Architects and Engineers

Recommendation:

That the Honorable City Council approve:
(1) Resolution No. 22- 009 amending the Fiscal Year 2021- 2022 annual budget to reflect an additional appropriation of revenues and expenditures in the amount of $28,004,058 for the Homekey Round 2 grant award (Attachment A); and
(2) Amendment No. 1 to the Consultant/Professional Services Provider Agreement with CMC Architects and Engineers for an additional scope of work increasing the not to exceed the amount by $352,622.80 to $814,172.80 and extending the term of the agreement through September 30, 2023 (Attachment B).

Questions ensued

Motion was made to approve staff recommendations

Moved: Councilmember Becerra
Seconded: Councilmember Gomez

Comments ensued

Motion passed 4-0

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

21. Law Enforcement Contract #94-909-A-48 and Memorandum of Understanding (MOU) with the Adelanto Elementary School District (AESD) to Fund One (1) School Resource Officer (SRO)

Recommendation:

That Your Honorable City Council:
(1) Approve the Forty-Eighth Amendment to Law Enforcement Contract #94- 909-A-48 for the period of July1, 2021 through June30, 2022 and authorize the Mayor or her designee to process all documents required for this agreement; and
(2) Approve the Memorandum of Understanding (MOU) by and between the City of Victorville and the Adelanto Elementary School District (AESD) for one (1) School Resource Officer (SRO), and authorize the City Manager or his designee to process all documents required for the agreement.

Questions ensued

Motion was made to approve staff recommendations

Moved: Councilmember Becerra
Seconded: Mayor Pro Tem Irving

Motion passed 3-0

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

Absent: Councilmember Gomez

22. City Manager Reports

City Manager, Keith C. Metzler, reported on a project that was submitted for review on January 11, 2022, which is a 475,000 square foot building that will be built west of, and adjacent to, the Dr. Pepper site and north of the Iron Mountain Development that is currently under construction.

A start date of January 24th was released for construction on Seventh Avenue and Arrowhead Drive, that will include major reconstruction of the road and the addition of bike lanes and sidewalks. The project is expected to last about 6 months.

23. Discussion and Possible Action Regarding Upcoming Agenda Items

Mayor Jones moved that Council place on the soonest reasonable agenda, for discussion and possible action, a review of the City's current street s weeping program, as well as an analysis of what the City might do to increase service frequency and effectiven ess to provide for a healthier, safer, and more attractive environment for our residents, and then further more explore what role, if any, that Code Enforcement could play in that effort.

Moved: Mayor Jones
Seconded: Councilmember Becerra

Motion passed 3-0

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

Absent: Councilmember Gomez

Mayor Jones moved that, on the soonest reasonable agenda, Council direct the City Manager and City Attorney to review and make recommendations for revisions, as may be necessary, to improve clarity in chapter nine of the City Council Policy and Procedure Manual, that has to do with boards, commissions and agency appointments, for possible adoption by resolution.

Moved: Mayor Jones
Seconded: Councilmember Becerra

Motion passes 3-0

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

Absent: Councilmember Gomez

24. Reports from Council Members

Councilmember Becerra presented her reports, speaking on the VVTA meeting.

Mayor Pro Tem Irving presented her reports, wishing everyone a happy and prosperous New
Year.

Mayor Jones presented her reports, stating she attended the Dr.

Martin Luther King
Jr. celebration at Victor Valley College . She thanked Regina Bell, the college, and everyone involved in putting on that event. She spoke of the shooting that took place last week at the Stater Brothers in Victorville and offered condolences to the Dalton and Pope families.

Adjournment

Mayor Jones adjourned the meeting at 9:38 p.m.

ATTEST:

_________________________ __________________________ Debra Jones, Mayor Jennifer Thompson, City Clerk

Attachment B
Minutes of the February 1, 2022
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, February 1, 2022
5:00 p.m. Closed Session
6:00 p.m. Regular 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:

Initiation of litigation pursuant to Government Code Section 54956.9(d)(4) Number of potential cases: One (1)
Based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is deciding whether to initiate litigation.

Recess to Closed Session

6:00 p.m. Regular Session

Call to Order

Roll Call

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

Absent: Councilmember Gomez

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.

Under Closed Session, pursuant to Government Code 54956.9(d)(4), to discuss the possibility of initiating litigation, the Council, on a vote of 3 to1 with Council Member Gomez voting no, has approved initiating litigation through an interpleader action to determine the rights between attorney Rafferty and attorney Shankman as to who is entitled to compensation under the California Voting Rights Act.

Invocation: Pastor Dane Davis of Impact Christian Church

Pledge of Allegiance: Police Captain John Wickum

City Clerk Presents Agenda/Revisions to Agenda

Councilmember Gomez joined the meeting at 6:04 p.m.

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:

Roger LaPlante spoke on item 14, item 8, and general items.

Blanca Gomez spoke on item 14 and general items.

CONSENT CALENDAR

1. Payroll Warrant List

Recommendation:

That the City Council and Board of Directors ratify the Payroll Demand Schedule No. 6B for Payroll Period December 10, 2021 through December 24, 2021, in the amount of $1,760,944.39 covering Check Nos. 32608 through Nos. 32616, including Ve ndor checks. Please note employee Check No. 32609 has a live Check and an EFT Advice. Also included are Advice Nos. 283770 through 284207, per adopted budget for Fiscal Year 2021- 2022 period covering July 1, 2021 through June 30, 2022.

2. Commercial Demand Schedule No. 14

Recommendation:

That the City Council and Board of Directors ratify Commercial Demand Schedule No. 14 in the amount of $6,097,415.37, covering Electronic Fund Transfers No. 328440 through 328623 and Warrant No. 784148 through 784329 for 01/05/2022 through 01/19/2022 and Wire Transfers dated 01/06/2022 through 01/14/2022, per the adopted budget for Fiscal Year 2021- 2022 for the period covering July 1, 2021 through June 30, 2022.

3. Approval to execute an Interconnection Facilities Agreement and Service Agreement for Wholesale Distribution Service with Southern California Edison (“SCE”)

Recommendation:

That the Honorable City Council authorize the City Manager to execute an Interconnection Facilities Agreement and a Service Agreement for Wholesale Distribution Service with SCE in order to install required distribution infrastructure and to interconnect with the statewide electrical grid to accommodate the customer load growth that Victorville Municipal Utility Services (“VMUS”) is experiencing at the Southern California Logistics Airport (“SCLA”)

4. Building Division Activity Report

Recommendation:

That the Honorable City Council review and file.

5. Notice of Completion for Building 728 Interior Re-Painting, Project #CC22-042

Recommendation:

That the Honorable Southern California Logistics Airport Authority Board of Directors:
(1) Approve the Notice of Completion for the Building 728 Interior Re- painting Project #CC22- 042; and
(2) Authorize the Airport Director to execute said Notice of Completion.

6. Substitution of Trustee and Deed of Reconveyance for MAP Case No. 11-02-01 - Amaya

Recommendation:

That Your Honorable City Council:
(1) Approve the Substitution of Trustee and Deed of Reconveyance for MAP Case No. 11- 02- 01 (2) Authorize the execution thereof by the Deputy City Manager, (3) Accept the payoff of the loan receivable and
(4) Adopt Resolution No. 22-008, amending the annual budget for Fiscal Year 2021-2022.

Questions ensued

Motion was made to approve staff recommendations

Moved: Councilmember Gomez
Seconded: Mayor Pro Tem Irving

Motion passed 4-0

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

WRITTEN COMMUNICATIONS

7. Additional Assessment for the Public Entity Risk Management Authority (PERMA) General Liability Program

Recommendation:

That the Honorable City Council:
(1) Adopt Resolution 22-011 approving the payment of an additional assessment to the Public Entity Risk Management Authority (PERMA) in the amount of $1,109,497; and (2) Adopt Resolution 22-012 approving an
additional appropriation in the amount of $1,109,497
for such payment

Questions ensued

Motion was made to approve staff recommendations

Moved: Councilmember Becerra
Seconded: Mayor Pro Tem Irving

Comments ensued

Motion passed 4-0

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

8. Consultant/Professional Services Provider Agreement with Harris & Associates, Inc.

Recommendation:

Staff recommends that City Council and Board of Directors approve a Consultant/Professional Services Provider Agreement with Harris & Associates, Inc. for fiscal consulting services relative to Southern California Logistics Airport Authority (SCLAA) and the Successor Agency to the Victorville Redevelopment Agency (SA) in an amount not to exceed Forty -eight Thousand and 00/100 dollars ($48,000).

Questions ensued

Motion was made to approve staff recommendation

Moved: Councilmember Gomez
Seconded: Mayor Pro Tem Irving

Motion passed 4-0

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

9. Amendment No. 1 to the Construction Agreement with VJL Waste Management Services, Inc. (dba Alpha Omega Plumbing and Septic Service)

Recommendation:

That the Honorable City Council:
(1) Adopt Resolution No. 22- 010 approving an additional appropriation of $125,000.00 for the Sanitary/Sewer fund in the Fiscal Year 2021-2022 annual budget; and (2) Approve Amendment No. 1 to the Constructio n Agreement with VJL Waste Management Services, Inc. (dba Alpha Omega Plumbing and Septic Service), increasing the total annual not to exceed amount by $125,000.00, to $225,000.00.

Questions ensued

Motion was made to approve staff recommendations

Moved: Councilmember Becerra
Seconded: Mayor Pro Tem Irving

Comments ensued

Motion passed 4-0

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

10. Building 717 and 728 Roof Replacement Project #CC22-047

Recommendation:

That the Southern California Logistics Airport Authority Board of Directors:
(1) Approve the award of a Standard Construction Agreement to Universal Coatings, Inc. for Building 717 and 728 Roof Replacement Project #CC22- 047 (“Project”) in the amount not to exceed $745,000; and
(2) Adopt Resolution No. SCLAA 22- 001 amending the 2021/2022 budget increasing expenditures in Fund 450 by $165,000.

Questions ensued

Motion was made to approve staff recommendations

Moved: Councilmember Becerra
Seconded: Councilmember Gomez

Motion passed 4-0

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

11. Purchase of Light Fixtures for Ramp Light LED Retrofit Project #CC22-026

Recommendation:

That the Southern California Logistics Airport Authority Board of Directors:
(1) Approve the purchase of light fixtures for the Ramp Light LED Retrofit Project #CC22 -026 (“Project”), from Graybar Electric Company, Inc., in the amount of $215,315; and (2) Adopt Resolution Number SCLAA 22 -002 amending the 2021/2022 budget increasing expenditures in Fund 450 by $66,000.

Question ensued

Motion was made to approve staff recommendations

Moved: Councilmember Gomez
Seconded: Mayor Pro Tem Irving

Motion passed 4-0

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

12. Amendment 5 to the Construction Agreement with Cal-Stripe, Inc. for Airfield Painting, Rubber Removal, and Paint Removal, Project #CC19-035-2

Recommendation:

That the Honorable Southern California Logistics Airport Authority Board of Directors:
(1) Approve Amendment 5 to the Construction Agreement (“Amendment 5”) by and between the Southern Cal ifornia Logistics Airport Authority and Cal -Stripe, Inc. in the amount not to exceed $190,000, in support of the Airfield Painting, Rubber Removal, and Paint Removal Project #CC19-035-2; and
(2) Adopt Resolution No. SCLAA 22- 003 for an additional appropria tion in the amount of $140,000.

Questions ensued

Motion was made to approve staff recommendations

Moved: Councilmember Becerra
Seconded: Mayor Pro Tem Irving

Motion passed 4-0

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

13. Award of Contract to Air Exchange, Inc. for Plymovent Vehicle Exhaust Extraction System

Recommendation:

That Your Honorable City Council:
(1) Approve the award of contract to Air Exchange, Inc., in the amount not to exceed $277,376.14 for project CCT22-072.

Motion was made to approve staff recommendation

Moved: Councilmember Becerra
Seconded: Mayor Pro Tem Irving

Motion passed 4-0

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

14. Body Worn Cameras

Recommendation:

This item is informational only.

Questions and Comments ensued

15. City Manager Reports

City Manager, Keith C. Metzler, reported the Public Works Department has completed the upgrade to the 7th Street arch.

Engineering started construction on 7th Ave and Arrowhead Drive. It will last approximately 6 months.

Environmental Programs is holding another Shred Fest and compost giveaway , on Saturday,

February 5th from 8:00 a.m. to noon. It will be at the MRF at 17000 Abbey Lane.

Planning received “Project Ferring” for administrative approval . It’s a 476,000 square foot industrial facility at SCLA. Additionally, the Amazon building walls are up.

16. Discussion and Possible Action Regarding Upcoming Agenda Items

Discussion ensued

17. Reports from Council Members

Council Member Gomez presented her reports, letting people know that the City of Victorville is there to serve their needs. S he is grateful for her colleagues because each one of them is doing the work of God.

Council Member Becerra presented her report s, speaking on her first zoom based VVTA meeting. She encouraged the public that follows all the different boards to double check the websites and see if they are doing Zoom meetings.

Mayor Pro Tem Irving presented her reports, speaking
on how she appreciates Captain
Wickum’s report. Also, she would like to address an issue i n the community with regard to organizations trying to get letters of recognition and proclamations. At the next Council Meeting, she would like for the council to entertain re- examining Chapter 8 of the Council Policy and Procedures. She is thankful for Council highlighting Black History month and would like to see the same for other organizations.

Mayor Jones presented her report, agreeing with Councilmember Becerra, that a lot of outside
agencies are now back on Zoom. VVWRA, in collaboration with Energia and Southwest Gas, had a ribbon cutting, in celebration of its renewable natural gas project.

Adjournment

Mayor Jones adjourned the meeting at 7:41 p.m.

ATTEST:

_________________________ __________________________ Debra Jones, Mayor Jennifer Thompson, City Clerk

Attachment C
Minutes of the February 15, 2022
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, February 15, 2022
6:00 p.m. Regular Session

6:00 p.m. Regular 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

Invocation: Pastor Dez from Victorville First Church from the Nazarene

Pledge of Allegiance: City Manager Keith C. Metzler

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:

Roger LaPlante spoke on general items.

Blanca Gomez spoke on general items.

Amanda Bell spoke on general items.

Tiffany Gallespie spoke on general items.

Kathie Bordonaro spoke on general items.

Ilene Garcia spoke on general items.

Andra Carbonnet spoke on general items.

Susan Padilla Conway spoke on general items.

Joy Juedes spoke on general items.

Christina Kennedy spoke on general items.

Darlene Buccola spoke on general items.

Stephanie Vida Pazarin spoke on general items.

Shawn Smith spoke on general items.

Chupi Brandon spoke on general items.

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

Questions ensued

The Chair opened the Public Hearing.

The following people spoke:

Roger LaPlante spoke in support.

The Chair closed the Public Hearing.

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 exe cution 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 an d 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 furth er 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 Ind ustry 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.

Questions and comments ensued

Motion was made to approve staff recommendations

Moved: Councilmember Becerra
Seconded: Mayor Pro Tem Irving

Motion passed 4-0

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

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.

Questions ensued

Motion was made to approve staff recommendation

Moved: Councilmember Becerra
Seconded: Councilmember Gomez

Comments ensued

Motion passed 4-0

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

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.

Questions ensued

Motion was made to approve staff recommendation

Moved: Councilmember Becerra
Seconded: Councilmember Gomez

Motion passed 4-0

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

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.

Questions ensued

Motion was made to approve staff recommendation

Moved: Mayor Pro Tem Irving
Seconded: Councilmember Becerra

Motion passed 4-0

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

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.

Questions ensued

Motion was made to approve staff recommendation

Moved: Councilmember Becerra
Seconded: Mayor Jones

Comments ensued

Motion passed 4-0

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

17. City Manager Reports

City Manager, Keith C. Metzler, reported that the City recently adopted the Housing Element and got the State certification back . We are one of very few cities in the SCAG region that’s gone through the process to get it’s State certification for the Housing Element.

The Speed Wash, located at 15250 Palmdale Road, was finaled on February 9 th. A permit was
issued on February 10th for an industrial center warehouse at 12454 Industrial Center Drive. It will be a 32,000 square foot, multi-tenant commercial warehouse building.

18. Discussion and Possible Action Regarding Upcoming Agenda Items

Discussion ensued

Council Member Gomez motioned that a Proclamation for this month to be recognized by the City as Black History Month be provided to the NAACP on February 27th, Sunday, at 1 o’clock.

Moved: Councilmember Gomez
Seconded: Mayor Pro Tem Irving

Motion passed 4-0

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

Mayor Pro Tem Irving made a motion that by the first Council Meeting of April 2022, staff returns with recommended revisions to Chapter 8 for discussion and possible action and that those revisions eliminate the utilization of subjective reasoning in the decision making process for granting letters of recognition, certificates, and proclamations for individuals and organizations and create a more objective process where every Council Member can grant requests for letters of recognition, certificates, and proclamations to meet citizens request..

Moved: Mayor Pro Tem Irving
Seconded: Councilmember Gomez

Motion passed 3-1

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

19. Reports from Council Members

Council Member Gomez presented her reports, wishing everyone a Happy Valentine’s Day.

She will continue making herself available to the public. She is available at 760-912-3190 to help with complaints, concerns, and various other issues.

Mayor Pro Tem Irving had nothing to report.

Council Member Becerra presented her reports, speaking on a lawsuit against the City of Victorville that was dropped in Federal Court.

Mayor Jones presented her reports, speaking on her attending various meetings. She participates in ongoing teleconferences with the San Bernardino County Supervisor, Chair Hagman, and Mayors regarding COVID updates. She attended the Ribbon Cutting and Grand Opening for Dr. Josephine Corona of Desert Valley Hospital and Medical Group. She also offered her special thanks to Council Member Becerra for attending the Ribbon Cutting for Desert Community Bank in her stead.

Adjournment

Mayor Jones adjourned the meeting at 8:02 p.m.

ATTEST:

_________________________ __________________________ Debra Jones, Mayor Jennifer Thompson, City Clerk

Item Number: 8
City Council / Board of Directors
Consent Calendar
Meeting of: April 5, 2022
Submitted By:

Brian Gengler, City Engineer

Subject:

Reduction of Public Improvement Securities for Tract Map No. 20274 Recommendation:

That the Honorable City Council Approve:
(1) A Reduction of 60% for the Water and Sewer Faithful Performance Improvement Securities for Tract Map No. 20274; and
(2) A Reduction of $31,680.06 for the Monumentation Labor & Materials Improvement Securities for Tract Map No. 20274.

Fiscal Impact:

There is no fiscal impact with this item.

Background:

Tract Map No. 20274 (hereinafter called Tract 20274) is a 168-lot, single family subdivision, located north of Eucalyptus Road, east of Amethyst Road, south of Sycamore Street, and west of Amargosa Road (please see Attachment A). The final map, Subdivision Improvement Agreement, and securities in the form of improvement bonds were approved at the September 15, 2020, City Council meeting with subdivider KB Homes Greater Los Angeles, Inc. (KB Homes).

Discussion:

Immediately following final map approval, KB Homes proceeded with tract development.

At this time, KB Homes has completed more than 60% of the required water and sewer system improvements. Given that there are still additional improvements that need to be installed, staff recommends a reduction of 60% for the Public Improvements Faithful Performance Securities for the Water and Sewer systems. The remaining scope of work for the water and sewer systems is expected to be completed by the end of May 2022. 2 4
6 3
Additionally, at the time of final map approval, KB Homes provided an additional $31,680.06 of Labor & Materials bonding for Monumentation. The City requires 100% Faithful Performance for the Monumentation estimate, but it does not require a 50% Labor & Materials for Monumentation. At that time, in lieu of providing new improvements bonds for a slightly lesser amount, that would have delayed the final map approval, KB Homes opted to over bond and address this concern at the first partial release. Staff recommends a partial release of the Monumentation Labor & Materials Improvement Securities in order to address the over bonding received for monumentation. The required Labor & Materials security remains in its entirety.

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

Attachments: A. Vicinity Map
B. Securities Table & Existing Securities
Attachment A
Vicinity Map

Attachment B

Securities Table & Existing Securities

Securities Table

Public Improvement Faithful Performance Securities Breakdown Improvement Water Drainage Sewer Streets LMAD Monumentation Security
Amount $1,146,997.50 $1,067,070.48 $1,362,372.00 $3,303,649.31 $223,932.94 $63,360.00 Amount of
Security being

REDUCED
$688,198.50
(60%) $0.00 $817,423.20
(60%) $0.00 $0.00 $0.00
Amount of
Security
REMAINING:
$458,799.00 $1,067,070.48 $544,948.80 $3,303,649.31 $223,932.94 $63,360.00

Public Improvement Labors & Materials Securities Breakdown Improvement Water Drainage Sewer Streets LMAD Monumentation Security
Amount $573,498.75 $533,535.24 $681,186.00 $1,651,824.66 $111,966.47 $31,680.00 Amount of
Security being

REDUCED
$0.00 $0.00 $0.00 $0.00 $0.00 $31,680.00
(100%)
Amount of
Security
REMAINING:
$458,799.00 $1,067,070.48 $544,948.80 $3,303,649.31 $223,932.94 0.00

Developer:

KB Home Greater Los Angeles, Inc.
36310 Inland Valley Drive
Wildomar, CA 92595
Faithful Performance Security
Public Improvements – No. 024244188
Labor & Materials Security
Public Improvements – No. 024244188
Amount of ORIGINAL Security: $6,943,449.00 Amount of ORIGINAL Security: $3,471,725.00 Amount of Security CURRENTLY: $6,943,449.00 Amount of Security CURRENTLY: $3,471,725.00 Amount of Security being REDUCED: $1,505,621.70 Amount of Security being REDUCED: $31,680.00 Amount of Security REMAINING: $5,437,82730 Amount of Security REMAINING: $3,440,045.00

Item Number: 9
City Council / Board of Directors
Consent Calendar
Meeting of: April 5, 2022
Submitted By:

Brian Gengler, City Engineer

Subject:

Security Reduction for Tract Map No. 16684
Recommendation:

That the City Council approve a 60% reduction for Street, Water, Drainage, and Sewer Faithful Performance Securities for Tract Map No. 16884.

Fiscal Impact:

There is no fiscal impact associated with this item.

Background:

Tract Map No. 16684 (hereinafter called Tract 16684) is a 35-lot, single family subdivision, located east of Cobalt Road between Dos Palmas and Luna Roads. Richmond American Homes, hereinafter called “Developer”, is the current owner of Tract 16684. The Developer is required to install public improvements as a condition of approval per Planning Commission Resolution No. P-03-264 and Case No. ADMN21-00015, the administrative approval for the development of this tract. The required public improvements for Tract 16684 include improvement of the streets, water, drainage, sewer systems, and LMAD improvements along Eastview Lane.

Discussion:

The Developer has substantially completed most of the required public improvements.

Since passing all applicable inspections thus far, it is recommended that 60-percent of the Faithful Performance Securities be released at this time. The remaining 40-percent of the securities will be held until the remainder of the public improvements are completed and are ready for acceptance. It will then be presented to the City Council for consideration of approval.

Staff remains available for any questions that the City Council may have. 2 4
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Attachments: A. Vicinity Map
B. Securities Table & Existing Securities

Attachment A
Vicinity Map

Attachment B
Securities Table & Existing Securities

Securities Table & Existing Securities

Developer:

Richmond American Homes of Maryland, Inc.
5171 California Ave, Suite 12
Irvine, CA 92617
Faithful Performance Security
Public Improvements – No. 30113565
Labor & Materials Security
Public Improvements – No. 30113565
Amount of ORIGINAL Security: $395,744.91 Amount of ORIGINAL Security: $197,872.46 Amount of Security CURRENTLY: $395,744.91 Amount of Security CURRENTLY: $197,872.46 Amount of Security being REDUCED: $237,446.95 Amount of Security being REDUCED: $0.00 Amount of Security REMAINING: $158,297.96 Amount of Security REMAINING: $197,872.46

Item Number: 10
City Council / Board of Directors
Consent Calendar
Meeting of: April 5, 2022
Submitted By:

Brian Gengler, City Engineer

Subject:

Securities Substitution for Tract Map No. 14627
Recommendation:

That the Honorable City Council:
1) Approve a Subdivision Improvement Agreement with CJC Holdings, LLC and El Roi LLC;
2) Accept a Lien Agreement as Improvement Security;
3) Release the existing Subdivision Improvement Agreement with Kenneth W.

Richmond;
4) Release the existing Utility Surety Agreement with Kenneth W. Richmond; and 5) Release the existing Lien Agreement with Aikon Investment Co., LLC.

Fiscal Impact:

There is no fiscal impact associated with this action.

Background:

Tract Map No. 14627 (hereinafter called Tract 14627) is a 41-lot, single family subdivision, located at the northeast corner of Sixth Avenue and Winona Street. In July 2007, Kenneth W. Richmond recorded the map after entering into a Subdivision Improvement Agreement (SIA) and Utility Surety Agreement with the City.

In July 2011, Aikon Investment Co, LLC (hereinafter referred to as Aikon Investment) recorded a Lien Agreement as Substitute Security after acquiring the tract from Kenneth W. Richmond. The previous Subdivision Improvement Agreement and Utility Surety Agreements with Kenneth W. Richmond were never released. Aikon Investment did not grade the tract or construct any of the required public improvements as such no homes were constructed within the tract and the lots are currently vacant. 2 4
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Discussion:

CJC Holdings, LLC., a California Limited Liability Company, as to an undivided 50 percent interest (hereinafter referred to as CJC Holdings, LLC) and El Roi LLC 401K Profit Sharing Plan, as to an undivided 50 percent interest (hereinafter referred to as El Roi LLC) are now in the process of acquiring Tract 14627. If escrow is completed, CJC Holdings, LLC and El Roi LLC are required to enter into an SIA and provide a substitute Lien Agreement in accordance with Victorville Municipal Code §17.64.060. Upon receipt of the new SIA and Lien Agreement, the existing agreements by Kenneth W. Richmond and Aikon Investment can be released. The execution of the new SIA and Lien Agreement and the release of the existing SIA, Lien Agreement and Utility Surety Agreement will be contingent upon the property being purchased by the new owner, CJC Holdings, LLC and El Roi LLC.

Therefore, staff recommends that the Honorable City Council approve entering into a Subdivision Improvement Agreement with CJC Holdings, LLC and El Roi LLC, accept the Lien Agreement as a Security, release the existing Subdivision Improvement Agreement with Kenneth W. Richmond, release the existing Utility Surety Agreement with Kenneth W. Richmond, and release the existing Lien Agreement with Aikon Investment Co., LLC.

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

Attachments: A. Vicinity Map
B. Existing Subdivision Agreement
C. Existing Utility Surety Agreement
D. Existing Lien Agreement
E. New Subdivision Improvement Agreement
F. New Lien Agreement
G. Subdivision Agreement Release
H. Utility Surety Agreement Release
I. Lien Agreement Release

Attachment A
Vicinity Map

Attachment B
Existing Subdivision Agreement

Attachment C
Existing Utility Surety Agreement

Attachment D
Existing Lien Agreement

Attachment E
New Subdivision Improvement Agreement

Attachment F
New Lien Agreement

Attachment G
Subdivision Agreement Release

Recording Requested By:

CITY OF VICTORVILLE

When Recorded Please Return To:

CITY OF VICTORVILLE
14343 Civic Drive
Victorville, CA 92392
Sect 27, T5N, R5W, SBM

APN 3090-121-17 thru 3090-121-57

SATISFACTION AND RELEASE OF LIEN FOR
SUBDIVISION AGREEMENT FOR TRACT 14627

WHEREAS, the C ITY OF VICTORVILLE required the execution of Subdivision Agreement by Kenneth W. Richmond in interest of the below described property; and

WHEREAS, said Subdivision Agreement imposed duties, obligations, and requirements on property owner; and

WHEREAS, such duties, obligations, and requirements were recorded on July 17, 2007 , as Document No. 200 7-0420535 in the office of the County Recorder of the County of San Bernardino; and

WHEREAS, property owner now is in compliance with said Subdivision Agreement as it relates to the property described below and the duties, obligations, and requirements thereunder having been fulfilled;

NOW, THEREFORE, in consideration of the compliance with said agreement hereinabove stated, the CITY OF VICTORVILLE hereby releases property owner, his heirs, assignees, or successors in interest from any further duty, obligation, or requirement imposed pursuant to the abo ve indicated document only, and the same is here deemed of no further form and effect and shall cease to exist as a lien, duty, obligation, or cloud on the title to the following described real property:

Lots 1 through 41 of Tract Map No. 14627, in the City of Victorville, County of San Bernardino, State of California, as per map recorded in Book 329 of Tract Maps at Pages 96 through 97 and recorded as Document Number 2007-0412048, in the Office of the County Recorder of said County.

I hereby certify that all improvements required by Section 9.32 of the Victorville Municipal Code have been installed along the street frontages of the hereinabove described property.

Brian Gengler, City Engineer
R.C.E. C44730
City of Victorville

By:

Name: Debra Jones
Title: Mayor

ATTEST:

By:

Jennifer Thompson, City Clerk

APPROVED AS TO FORM:

Andre de Bortnowsky, City Attorney

City of Victorville Risk Manager

Lee Brown

Attachment H
Utility Surety Agreement Release
Recording Requested by:

The City of Victorville

When Recorded Please Return To:

CITY OF VICTORVILLE
14343 Civic Drive
Victorville, CA 92392

APN 3090-121-17 thru 3090-121-57
Recording of this document is fee exempt under
Government Code Section 6103.

No Documentary Transfer Tax is due on the document
pursuant to Revenue Taxation Code Section 11922

UTILITY SURETY AGREEMENT RELEASE
Tract Map No. 14627

WHEREAS, the City of Victorville , hereinafter called “CITY” entered into a Utility Surety Agreement wi th Kenneth W.

Richmond, hereinafter called “ DEVELOPER”, pursuant to the provisions of the Subdivision Map Act of the State of California, for Tract Map No. 14627, hereinafter called “PROPERTY”; and

WHEREAS, said Utility Surety Agreement imposed duties, obligations, and requirements on the City and DEVELOPER; and

WHEREAS, such performance, obligations, and requirements were recorded on July 17, 2007 as Document No. 2007- 0420536 in the office of the County Recorder of the County of San Bernardino; and

WHEREAS, the DEVELOPER has sold the PROPERTY to CJC Holdings, LLC., a California Limited Liability Company, as to an undivided 50% interest and El Roi LLC 401K Profit Sharing Plan, as to an undivided 50% interest who has executed a new Lien Agreement per Victorville Municipal Code 17.64.065(k); and

WHEREAS, the Lien Agreement bet ween CJC Holdings, LLC., a California Limited Liability Company, as to an undivided 50% interest and El Roi LLC 401K Profit Sharing Plan, as to an undivided 50% interest and the City of Victorville was recorded on as Document No. in the office of the County Recorder of the County of San Bernardino;

NOW, THEREFORE, in consideration that these properties having a lien against them by and between CJC Holdings, LLC., a California Limited Liability Company, as to an undivided 50% interest and El Roi LLC 401K Profit Sharing Plan, as to an undivided 50% interest and the CITY and to be in compliance with said agreement hereinabove stated, the CITY hereby releases DEVELOPER from any further duty, obligation, or requirement imposed pursuant to the above indicated document only, and the same is hereby deemed of no further form and effect and shall cease to exist as a lien, duty obligation, or cloud on the title to the following described real properties:

See Exhibit “A”

I hereby state that all performances, obligations, and requirements required by the Lien Agreement, herein identified, per Title 17 of the Victorville Municipa l Code required for Tract Map No. 14627 have been complied with on the hereinabove described property.

_________________________
Brian Gengler, City Engineer
R.C.E. 44730

CITY OF VICTORVILLE

By: _____________________________
Debra Jones, Mayor

ATTEST:

________________________________
Jennifer Thompson, City Clerk

APPROVED AS TO FORM:

_________________________________
City Attorney

RISK MANAGEMENT:

_________________________________
Lee Brown, Risk Manager

EXHIBIT “A”

Lots 1 throu gh 41 of Tract Map No. 14627, in the City of Victorville, County of San Bernardino, State of California, as per map recorded in Book 329 of Tract Maps at Pages 96 through 97 and recorded as Document Number 2007 -0412048, in the Office of the County Recorder of said County.

Attachment I
Lien Agreement Release
Recording Requested by:

The City of Victorville

When Recorded Please Return To:

CITY OF VICTORVILLE
14343 Civic Drive
Victorville, CA 92392

APN 3090-121-17 thru 3090-121-57
Recording of this document is fee exempt under
Government Code Section 6103.

No Documentary Transfer Tax is due on the document
pursuant to Revenue Taxation Code Section 11922

RELEASE OF LIEN
Lien Agreement for Tract Map No. 14627

WHEREAS, the City of Victorville, hereinafter called “CITY” entered into a Lien Agreement with Aikon Investment Co., LLC, hereinafter called “ DEVELOPER”, for the substitution of existing security of Tract Map No. 14627, hereinafter called “PROPERTY”; and

WHEREAS, said Lien Agreement imposed duties, obligations, and requirements on the City and DEVELOPER; and

WHEREAS, such performance, obligations, and requirements were recorded on July 8, 2011 as Document No. 2011- 0277289 in the office of the County Recorder of the County of San Bernardino; and

WHEREAS, the DEVELOPER has sold the PROPERTY to CJC Holdings, LLC., a California Limited Liability Company, as to an undivided 50% interest and El Roi LLC 401K Profit Sharing Plan, as to an undivided 50% interest who has executed a new Lien Agreement per Victorville Municipal Code 17.64.065(k); and

WHEREAS, the Lien Agreement bet ween CJC Holdings, LLC., a California Limited Liability Company, as to an undivided 50% interest and El Roi LLC 401K Profit Sharing Plan, as to an undivided 50% interest and the City of Victorville was recorded on as Document No. in the office of the County Recorder of the County of San Bernardino;

NOW, THEREFORE, in consideration that these properties having a lien against them by and between CJC Holdings, LLC., a California Limited Liability Company, as to an undivided 50% interest and El Roi LLC 401K Profit Sharing Plan, as to an undivided 50% interest and the CITY and to be in compliance with said agreement hereinabove stated, the CITY hereby releases DEVELOPER from any further duty, obligation, or requirement imposed pursuant to the above indicated document only, and the same is hereby deemed of no further form and effect and shall cease to exist as a lien, duty obligation, or cloud on the title to the following described real properties:

See Exhibit “A”

I hereby state that all performances, obligations, and requirements required by the Lien Agreement, herein identified, per Title 17 of the Victorville Municipa l Code required for Tract Map No. 14627 have been complied with on the hereinabove described property.

_________________________
Brian Gengler, City Engineer
R.C.E. 44730

CITY OF VICTORVILLE

By: _____________________________
Debra Jones, Mayor

ATTEST:

________________________________
Jennifer Thompson, City Clerk

APPROVED AS TO FORM:

_________________________________
City Attorney

RISK MANAGEMENT:

_________________________________
Lee Brown, Risk Manager

EXHIBIT “A”

Lots 1 through 41 of Tract Map No. 14627, in the City of Victorville, County of San Bernardino, State of California, as per map recorded in Book 329 of Tract Maps at Pages 96 through 97 and recorded as Document Number 2007- 0412048, in the Office of the County Recorder of said County.

Item Number: 11
City Council / Board of Directors
Consent Calendar
Meeting of: April 5, 2022
Submitted By:

Brian Gengler, City Engineer

Subject:

Reduction of Public Improvement Security for Case No. ESUB19-0003 Recommendation:

That the Honorable City Council:
(1) Approve the reduction of 80 percent for the Public Improvements Faithful Performance Security;
(2) Accept the Phase I Improvements for maintenance; and (3) Approve a Land Division Construction Improvement Agreement for the Phase II Improvements.

Fiscal Impact:

There is no fiscal impact associated with this action.

Background:

The Developer, I-15/Victorville, LLC (hereinafter referred as “Developer”), for Parcel Map No. 20141 located on Mariposa Road south of Nisqualli Road, was required to install public improvements as a condition of approval, per Planning Commission Resolution No.

P-19-011. The required public improvements for the subdivision include the construction of a raised median, commercial sidewalk, and driveway approaches on Mariposa Road, and the installation of a traffic signal at the intersection of Mariposa Road and the southerly driveway approaches.

As part of the entitlement process, the City approved a phasing plan for the subdivision.

Phase I includes the frontage improvements along the westerly parcels, the installation of the center median, and the installation of the traffic signal. The development of Parcel 4, which ultimately became the recently completed Mega-Mart Fueling Station, triggered the Phase I Improvements. Phase II Improvements include sidewalk installation along the easterly parcels which will be required when those parcels are developed. 2 4
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Discussion:

The Developer has completed the required Phase I Improvements satisfactorily in accordance with City Plan No. P-1117 (street, striping & signage, and traffic signal improvements). Since passing of all applicable inspections, Phase I Improvements are ready to be accepted in accordance with Victorville Municipal Code §17.64.070(1).

At this time, it is appropriate that the Developer receive a reduction of 80 percent of the Public Improvements Faithful Performance Security for case ESUB19-0003. The Engineering Department recommends that the Honorable City Council approve the reduction of 80 percent for the Public Improvements Faithful Performance Securities and accept the Phase I improvements. The remaining 20 percent of the faithful performance securities will be held for the one-year warranty period in accordance with Victorville Municipal Code §17.64.070 (4) and the entirety of the Labor and Materials security will be held for six months in accordance with Victorville Municipal Code §17.64.070 (3).

Since the securities provided includes Phase II Improvements and at this time, the Developer is unsure when the easterly parcels will be developed, the Engineering Department recommends the execution of a Land Division Construction Improvement Agreement for the easterly parcels.

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

Attachments: A. Vicinity Map
B. Existing Securities Table
C. Land Division Construction Improvement Agreement

Attachment A
Vicinity Map

Attachment B
Existing Securities Table

Existing Securities Table

Developer:

I-15/Victorville, LLC
2552 Walnut Ave, Suite 230
Tustin, CA 92780
Faithful Performance Security
Public Improvements – No. SU1162362
Labor & Materials Security
Public Improvements – No. SU1162362
Amount of ORIGINAL Security: $670,065.00 Amount of ORIGINAL Security: $335,032.50 Amount of Security CURRENTLY: $670,065.00 Amount of Security CURRENTLY: $335,032.50 Amount of Security being REDUCED: $536,052.00 Amount of Security being REDUCED: $0 Amount of Security REMAINING: $134,013.00 Amount of Security REMAINING: $335,032.50

Item Number: 12
City Council / Board of Directors
Consent Calendar
Meeting of: April 5, 2022
Submitted By:

Brian Gengler, City Engineer

Subject:

Tract No. 16719 Security Release
Recommendation:

That the Honorable City Council approve the full release of the Landscaping Maintenance Assessment District Improvement Faithful Performance Security for Tract Map No. 16719.

Fiscal Impact:

There is no fiscal impact resulting from this item.

Background:

Tract Map No. 16719 (Tract 16719) was purchased by Richmond American Homes of Maryland, Inc., (Richmond) in 2020 from Mojave Onyx 46, LLC, a Delaware limited liability company (Mojave Onyx). Tract 16719 is an 80-lot residential subdivision located at the southwest corner of Mojave Drive and Onyx Road. The conditions of approval required the Developer to install public improvements such as streets, landscaping, sewer, storm drain, and water systems. The landscaping improvements were accepted on September 15, 2020 and are part of the Landscape Maintenance Assessment District (LMAD) No. 6.

Discussion:

At the September 15, 2020, City Council meeting, an 80 percent reduction of the LMAD Securities was approved for Mojave Drive and Onyx Road. Per Victorville Municipal Code §17.64.060(b)(1), 20 percent of the LMAD Securities were held for a one-year warranty period. Since Richmond purchased the tract from Mojave Drive and Onyx Road that same year, Richmond’s LMAD replacement bond reflects the 20 percent amount that remained from the original bond, totaling $20,207. Because the one-year warranty period expired in September 2021, staff recommends a full release of the Landscaping Maintenance Assessment District Improvements Faithful Performance Security for Tract Map No. 16719, Case No. EROW20-00027.
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Staff remains available for any questions that the City Council may have.

Attachments: A. Vicinity Map
B. September 15, 2020 Staff Report
C. Securities Table
D. Existing Security

Attachment A
Vicinity Map

Attachment B
September 15, 2020 Staff Report
Item Number: 1
City Council / Board of Directors
Consent Calendar
Meeting of: September 15, 2020
Submitted By:

Brian Gengler, City Engineer

Subject:

Tract 16719 Landscaping Securities and Acceptance of Work into the City’s Maintenance Program
Recommendation:

That the Honorable City Council approve a reduction of 80 percent of the faithful performance securities for the landscaping improvements for Tract Map No. 16719 for Case No. EROW18-00077.

Fiscal Impact:

There is no fiscal impact resulting from this action.

Background:

The developer, BE Residential V, LLC (hereinafter referred as “Developer”), of Tract Map No. 16719 (hereinafter called “Tract 16719”), located at the southwest corner of Mojave Drive and Onyx Road, was required to install public improvements as a condition of approval. The required public improvements for Tract 16719 included improving streets, landscaping, sewer, storm drain, and water systems. The streets, sewer, storm drain, and water systems were accepted at the City Council meeting of July 7, 2020.

Discussion:

At this time, the Developer has completed the required landscaping improvements along Mojave Drive at Onyx Road. This area is part of Landscape Maintenance Assessment District (LMAD) 6. Since passing all applicable inspections the landscaping improvements are ready to be accepted into the City’s Public Works maintenance program, in accordance with the executed Subdivision Improvement Agreement. Therefore, it is recommended that 80 percent of the Faithful Performance Bond be released at this time.

The remaining 20 percent of the bond will be held until the one-year warranty period has been fulfilled. The Labor and Materials Bond will be released upon approval by the City 4 5
3 Council after the end of the required six-month waiting period.

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

Attachments: A. Vicinity Map
B. Securities Release/Reduction Table
C. Securities
D. Engineer's Cost Estimate

ATTACHMENT A

MAP

VICINITY MAP
TRACT 16719

TRACT MAP
NO. 16719

LMAD AREA

ATTACHMENT B

REDUCTION TABLE

SECURITIES REDUCTION TABLE

Tract Map No. 16719
Cash Security/Bond/LOC No.: 1001083352
Improvement Type: LMAD

Developer:

BE Residential V, LLC
11766 Wilshire Blvd., Suite 820
Los Angeles, CA 90025
Faithful Performance Security
Amount of ORIGINAL Security: $101,039.40
Amount of Security CURRENTLY: $101,039.40
Amount of Security being REDUCED: $80,831.52
Amount of Security REMAINING: $20,207.88

ATTACHMENT C

SECURITIES

ATTACHMENT D

COST ESTIMATE

APPROVED
04/18/2018

Attachment C
Securities Table
Securities Table

Public Improvement Faithful Performance Securities Breakdown Improvement Streets LMAD Monumentation
Security Amount $93,061.99 $20,207 $5,600
Amount of
Security being

REDUCED
$0.00 $20,207
(100%) $0.00
Amount of
Security
REMAINING:
$93,061.99 $0.00 $5,600

Developer:

Richmond American Homes of Maryland, Inc
5171 California Avenue, Suite 120
Irvine, California 92617
Faithful Performance Security
Public Improvements LMAD – No. 30104516
Amount of ORIGINAL Security: $20,207
Amount of Security CURRENTLY: $20,207
Amount of Security being REDUCED: $20,207
Amount of Security REMAINING: $0.00

Attachment D
Existing Security

Item Number: 13
City Council / Board of Directors
Consent Calendar
Meeting of: April 5, 2022
Submitted By:

Jennifer Thompson, City Clerk

Subject:

Second Reading of Ordinance No. 2427
Recommendation:

That the City Council adopt, by second reading, Ordinance No. 2427 amending subsection 2.28.230(b) of Article IV of Chapter 2.28 (Purchasing System) of the Victorville Municipal Code to modify the vote requirement for adopting resolutions making findings and authorizing exceptions to bidding requirements in limited circumstances.

Fiscal Impact:

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

Discussion:

At the Special City Council meeting held on March 29, 2022, the City Council, by a majority vote, voted to introduce Ordinance No. 2427, amending subsection 2.28.230(b) of Article IV of Chapter 2.28 (Purchasing System) of the Victorville Municipal Code to modify the vote requirement for adopting resolutions making findings and authorizing exceptions to bidding requirements in limited circumstances.

This ordinance is being presented for adoption and once adopted, will become effective May 5, 2022.

Attachments: A. Ordinance No. 2427
1 1
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4 ATTACHMENT A
Ordinance No. 2427
5 1
ORDINANCE NO. 2427

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

VICTORVILLE, CALIFORNIA, AMENDING SUBSECTION

2.28.230(b) OF ARTICLE IV OF CHAPTER 2.28 (PURCHASING

SYSTEM) OF THE VICTORVILLE MUNICIPAL CODE TO

MODIFY THE VOTE REQUIREMENT FOR ADOPTING

RESOLUTIONS MAKING FINDINGS AND AUTHORIZING

EXCEPTIONS TO BIDDING REQUIREMENTS IN LIMITED

CIRCUMSTANCES
WHEREAS, the City of Victorville, California (“City”) is a municipal corporation and charter city, duly organized under the constitution and laws of the State of California; and WHEREAS, Section 2.28.230 of the Victorville Municipal Code (“VMC”) sets out various situations in which the City Council of the City (the “City Council”) after reviewing and considering the facts of a particular public works project, may waive or modify the bidding requirements of Article IV of the VMC by finding that any one or more of the seven circumstances listed therein exist; and
WHEREAS, although rarely invoked, such circumstances include, but are not limited to, situations in which:
(1) The work is of a highly specialized nature;
(2) There would be no competitive advantage to requiring bidding for the contract; (3) The cost of the work would be significantly increased or its completion significantly delayed;
(4) An emergency, as determined by the City Council exists; and WHEREAS, currently, pursuant to VMC Section 2.28.230(b) such modifications or waivers can only take place upon the City Council adopting a Resolution which sets out the facts and circumstances supporting the finding of necessity for a waiver or modification of the bidding requirements and which Resolution is adopted upon a four-fifths vote; and WHEREAS, the four-fifths vote requirement has the unintentional effect of allowing a Councilmember to have a veto vote in situations where there may be less than five Councilmembers serving on the City Council due to unfilled vacancies; and WHEREAS, in order to eliminate situations where a Councilmember could exercise veto powers, the City Council deems it appropriate to provide for a waiver or modification of the VMC bidding requirements pursuant to a majority vote, provided, however, that the findings as required in the VMC Section 2.28.230(a) can be made.
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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 findings as if set forth in their entirety.

Section 2. Amendment of Victorville Municipal Code Subsection 2.28.230(b) SUBSECTION 2.28.230(b) OF ARTICLE IV OF CHAPTER 2.28 OF THE

VICTORVILLE MUNICIPAL CODE IS HEREBY AMENDED TO READ IN ITS ENTIRETY AS FOLLOWS:

The facts and circumstances supporting the City Council's determination that one or more of the bidding exceptions set forth in this section exempts a public works project from the competitive bidding procedures in this article shall be set forth in a resolution requiring a majority vote of the membership of the City Council for adoption. Such resolution shall also specify the manner in which such public works project shall be procured (e.g., by negotiated contract, by formal or informal RFP/Q, by seeking written quotations, or such other method as the City Council shall authorize).

Section 3. Repeal of Conflicting Provisions.

All the provisions of the Victorville Municipal Code heretofore adopted by the City Council of the City of Victorville that are in conflict with the provisions of this Ordinance are hereby repealed as of the effective date hereof.

Section 4. Severability.

The City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Ordinance as hereby adopted shall remain in full force and effect.

Section 5. CEQA Exemption.

The City Council finds that the adoption of this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) as it is not a project, pursuant to CEQA Guidelines (California Code of Regulations, Title 14, Chapter 3) Section 15378(b)(5) as said ordinance adoption involves a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.

Section 6. Effective Date.

This Ordinance shall take effect thirty (30) days after its final passage. 7 3
Section 7. Certification.

The City Clerk of the City of Victorville is hereby directed to certify to the passage and adoption of this Ordinance and to cause it to be published as required by law. 8 Item Number: 14
City Council / Board of Directors
Consent Calendar
Meeting of: April 5, 2022
Submitted By:

Jenele Davidson, Deputy City Manager

Subject:

Proposition 68: Per Capita Grant Project Acceptance for Brentwood Park Recommendation:

That the Honorable City Council adopt Resolution No. 22-029 accepting the 2018 Parks Bond Act, Per Capita Grant Program funding for Brentwood Park and increasing the FY21-22 budget for the associated revenue and expenses.

Fiscal Impact:

Acceptance of the Proposition 68: Per Capita Grant Program funding for Brentwood Park will increase the FY21-22 budget by $255,293 in revenue and expenses, in the following account numbers:
$155,293 - 2706050 – 43110 – 81011 – Playground Replacement $100,000 - 2706050 – 43110 – 81012 – Shade Structure Replacement $155,293 - 2706050 – 55070 – 81011 – Playground Replacement $100,000 - 2706050 – 55070 – 81012 – Shade Structure Replacement This project does not require a match as the park serves a severely disadvantaged community according to the State's Per Capita Match Calculator, as illustrated in Attachment B.

Background:

In June 2018, California voters approved Proposition 68, the California Drought, Water, Parks, Climate, Coastal Protection and Outdoor Access For All Act. The Per Capita Grant Program originates from Proposition 68. The General Per Capita Program has $185 million available for local park rehabilitation, creation, and improvement grants to local governments on a per capita basis. Grant recipients are encouraged to utilize awards to rehabilitate existing infrastructure and address deficiencies in neighborhoods lacking access to the outdoors. Additional funds through the Urban County Per Capita Program ($13.8 million) are available to cities and districts in urbanized counties providing park 2 4
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and recreation services within jurisdictions with populations of 200,000 or less. Entities eligible to receive funds under the Urban County Per Capita Program are also eligible to receive funds under the General Per Capita Program. The Per Capita Program is administered by the Office of Grants and Local Services (OGALS) under the State of California Department of Parks and Recreation.

On July 6, 2021, staff advised the City Council the Per Capita project application was pending the results of two larger grant applications submitted for Eva Dell and Brentwood parks through the Proposition 68: Statewide Park Development & Community Revitalization Grant (Prop. 68: SPP) and the City Council adopted Resolution 21-060 accepting the City’s allocation of Per Capita Funds and authorizing the City Manager or his designee to process all documents required for program administration.

Discussion:

In anticipation of the approaching grant submittal deadline for the Per Capita Program, staff began discussions with the Community Services Advisory Committee (CSAC) on how the Per Capita funds should be expended. On October 18, 2021, the CSAC members voted to move forward with applying for the replacement of the play structure and shade structure at Brentwood Park if the project was not funded under the Prop. 68: SPP. On November 15, 2021, CSAC members reaffirmed applying to replace the play structure and picnic structure at Brentwood Park, along with any smaller associated amenities that could be funded within the project budget (tables, drinking fountains, etc).

Brentwood Park was selected pursuant to the City's Park & Recreation Master Plan – 2020 (P&R Master Plan) recommendations. The P&R Master Plan recommended replacing the playground at Brentwood Park due to the dilapidated play structure and the play surface being sand (not ADA compliant). Other recommendations for Brentwood Park included additional shade structures.

On December 8, 2021, staff were notified that the Eva Dell Park Renovation application was selected for funding under Prop. 68: SPP, but the Brentwood Park Renovation application was not selected for funding. Therefore, on December 17, 2021, staff submitted the Per Capita project grant application for Brentwood Park.

Staff received the grant agreement from OGALS on February 15, 2022. The fully executed grant agreement has been included as Attachment C.

Grant funds must be fully expended by June 30, 2024. Subsequent agreements related to the completion of the scope of this project will be presented to the City Council in accordance with the requirements of the Victorville Municipal Code.

Staff recommends that the City Council approve Resolution No. 22-029 (Attachment A) to formally accept the grant and amend the FY 21-22 budget for the associated revenue and expenses.

Staff is available for questions.
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Attachments: Attachment A – Resolution No. 22-029
Attachment B – Per Capita Match Calculator
Attachment C – Grant Agreement
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ATTACHMENT A
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RESOLUTION NO. 22-029

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR 21-22
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 21-22; 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 City of Victorville accepts the Prop 68: Per Capital Grant funds from the California State Department of Park & Recreation.

SECTION 2. That the annual budget for the fiscal year 21-22 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
2706050-43110-81011 $155,293.00
2706050-43110-81012 $100,000.00
2706050-55070-81011 $155,293.00
2706050-55070-81012 $100,000.00

SECTION 3. That copies of such amended budget, certified by the City Clerk, shall be filed with the auditors of the City of Victorville and in the office of the City Clerk for public inspection and certified copies thereof shall be made available for use by City departments, offices and subsidiary districts of the City.

SECTION 4. This Resolution shall take effect immediately upon its adoption.

ATTACHMENT B

PROJECT AREA STATISTICS

PROJECT AREA MAP
County
San Bernardino
Median Household Income
$68,213
Agency Type
Other Agency
The project serves a Severely Disadvantaged Community.

Match is NOT required.

REPORT BACKGROUND
The project statistics have been calculated based on half mile radius around the point location selected. Only park acres within the project area's half mile radius are reported.

Population and people in poverty are calculated by
determining the percent of any census block-groups that intersect with the project area. The project area is then assigned the sum of all the census block-group portions. An equal distribution in census block-groups is assumed. Rural areas are calculated at a census block level to improve results.

Median household and per capita income are calculated as a weighted average of the census block- group values that fall within the project area.

More information on the calculations is available on the methods page.

Demographics
Demographics
—American Community Survey (ACS) 5-year
estimates 2014-2018; Decennial 2010 Census; the margin of error (MOE) was not analyzed.

Parks
Parks
—California Protected Areas Database 2020a CFF
adjusted (6/2020) - more information at
http://www.CALands.org
. Parks and park acres area based
on best available source information but may not always contain exact boundaries or all parks in specific locations.

Parks are defined further in the 2015 SCORP (pg. 4).

Users can send updated information on parks to
[email protected]
Project ID: 106026
Coordinates: 34.5218, -117.3566
Date: 10/22/2021
California State Parks
Per Capita Match Calculator
This is the Per Capita Match Report for the site you have selected. Please review to ensure that the pin lies within the boundaries of an existing or proposed park, and submit to OGALS with your Project Application.

Park or Preserved Area

Disadvantaged Community

Severely Disadvantaged Community

No Data
SCORP Community FactFinder is a service of the
California Department of Parks and Recreation
www.parks.ca.gov
SCORP Community FactFinder created by
GreenInfo Network
www.greeninfo.org
in consultation with CA Dept. of Parks and Rec

ATTACHMENT C
GRANTEE City of Victorville
State of California - Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION

GRANT CONTRACT
2018 Parks Bond Act
Per Capita Grant Program
THE PROJECT PERFORMANCE PERIOD is from July 01, 2018 through June 30, 2024 CONTRACT PERFORMANCE PERIOD is from July 01, 2018 through June 30, 2048 The GRANTEE agrees to the terms and conditions of this Contract, and the State of California, acting through its Director of the Department of Parks and Recreation, pursuant to the State of California, agrees to fund the total State grant amount indicated below.

The GRANTEE agrees to complete the GRANT SCOPE(s) as defined in the GRANT SCOPE/Cost Estimate Form or acquisition documentation for the application(s) filed with the State of California.

The General and Special Provisions attached are made a part of and incorporated into the Contract.

City of Victorville
By
Grantee ,
, ) � D �

STATE OF CALIFORNIA

DEPARTMENT OF PARKS AND RECREATION
(Signature of Authorized Representative)
Title City Manager or Deputy City Manager By
Date

CONTRACT NO
I

AMENDMENT NO
C9801560

AMOUNT ENCUMBERED BY THIS DOCUMENT
$177,952.00

PRIOR AMOUNT ENCUMBERED FOR THIS

CONTRACT

TOTAL AMOUNT ENCUMBERED TO DATE
$177,952.00

CERT/FICA T/ON OF FUNDING
(For State Use Only)
FISCAL SUPPLIER I.D.
0000007293
FUND.

Drought, Water, Cln Air, Cstl Protc, Outdoor Fund
ITEM
3790-101-6088 I

CHAPTER
29 Reporting Structured.
37900091 I
AccounVAlt Account.

I

ACTIVITY CODE
5432000-5432000000 69801
I
PROJECT NO.
18-36-039
I

STATUTE
18 I

FISCAL YEAR
2021/22
I

PROJECT/ WORK PHASE
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Subject: Please DocuSign: C9801560_1836039-Victorville, C9802262_1836040-Victorville Template Code:

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Anne Davigeadono
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1416 9th Street, Room 950
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[email protected]
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Item Number: 15
City Council / Board of Directors
Consent Calendar
Meeting of: April 5, 2022
Submitted By:

Jenele Davidson, Deputy City Manager

Subject:

Proposition 68: Statewide Park Development & Community Revitalization Grant Acceptance for Eva Dell Park
Recommendation:

That the Honorable City Council Adopt Resolution No. 22-019 accepting the 2018 Parks Bond Act, Statewide Park Development and Community Revitalization Grant for Eva Dell Park and increasing the FY21-22 budget for the associated revenue and expenses.

Fiscal Impact:

Acceptance of the Proposition 68: Statewide Park Development & Community Revitalization Grant for Eva Dell Park will increase the FY21-22 budget by $3,325,171.00 in revenue and expenses, in the following account numbers:
2707501C-43110-80080 – Eva Dell Phase 1 – Grant Revenue 2707501C-55070-80080 – Eva Dell Phase 1 – Improvements Not Buildings This grant does not have a matching fund requirement.

Background:

In June 2018, California voters passed Proposition 68, the California Drought, Water, Parks, Climate, Coastal Protection and Outdoor Access For All Act, which authorized $4 billion in general obligation bonds for state and local parks, environmental protection and restoration projects, water infrastructure projects and flood protection projects. The largest portion of the bond revenue ($725 million) was earmarked for neighborhood parks in park-poor neighborhoods. Funds are to be awarded through the competitive grant program that was established under the Statewide Park Development and Community Revitalization Act of 2008, also known as the Statewide Park Program (SPP).

SPP is the largest park-related grant program in California’s history, with funding of over $1 billion made available between the combination of Proposition 68 (2018) and Proposition 84 (2006) Bond Acts. The program is administered by the Office of Grants 2 4
3 9
and Local Services (OGALS) under the State of California Department of Parks and Recreation. The initial first three rounds of the SPP awarded over $622 million for new, expanded or renovated park projects. Round 4, the final round of grant funding under Proposition 68 bonds, allocated $650,275,000; which, $134,125,000 is designated for renovating parks.

Staff applied for grant funding under Round 3; however, the Eva Dell project was not selected. Staff met with our State representative to understand how to make the Eva Dell Park grant application more competitive and utilized the feedback received to update the project application for Round 4.

On March 2, 2021, the City Council adopted Resolution No. 21-009 approving the City’s application and authorizing the City Manager or his designee to sign and submit all contract documents in the event the grant was awarded. Accordingly, the grant application was submitted on March 11, 2021.

Discussion:

On December 8, 2021, the City received a letter advising the Eva Dell Park grant application was selected for funding in the amount of $3,325,171.00. Staff received the grant agreement from OGALS on February 15, 2022. The fully executed grant agreement has been included as Attachment B.

The project scope includes the following park amenities:
Splash Pad
All-Inclusive Playground
Renovated Ballfield Lighting
Sport Field Lighting
(2) New Picnic Areas
Public Art
New Walking Loop
Renovated Parking Lot; and
New Parking Lot
Grant funds must be fully expended by June 30, 2025. Subsequent agreements related to the completion of the scope of this project will be presented to the City Council in accordance with the requirements of the Victorville Municipal Code.

Staff recommends that the City Council approve Resolution No. 22-019 (Attachment A) to formally accept the grant and amend the FY 21-22 budget for the associated revenue and expenses.

Staff is available for questions.

Attachments: Attachment A – Resolution No. 22-019
Attachment B – Grant Agreement
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ATTACHMENT A
2 4
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RESOLUTION NO. 22-019

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR 21-22.

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 21-22; 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. City of Victorville accepts the Prop 68: Statewide Park Development & Community Revitalization Grant funds from the California State Department of Park and Recreation.

SECTION 2. That the annual budget for the fiscal year 21-22 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
2717501C - 43110 - 80080 $3,325,171.00
2717501C - 55070- 80080 $3,325,171.00
SECTION 3. That copies of such amended budget, certified by the City Clerk, shall be filed with the auditors of the City of Victorville and in the office of the City Clerk for public inspection and certified copies thereof shall be made available for use by City departments, offices and subsidiary districts of the City.

SECTION 4. This Resolution shall take effect immediately upon its adoption.

ATTACHMENT B

DocuSign Envelope ID: F22C0633-8654-49C7-9D66-B7FFC5E4F688 Supervisor
Jana Clarke
3/2/2022
DocuSign Envelope ID: F22C0633-8654-49C7-9D66-B7FFC5E4F688 DocuSign Envelope ID: F22C0633-8654-49C7-9D66-B7FFC5E4F688 DocuSign Envelope ID: F22C0633-8654-49C7-9D66-B7FFC5E4F688 DocuSign Envelope ID: F22C0633-8654-49C7-9D66-B7FFC5E4F688 DocuSign Envelope ID: F22C0633-8654-49C7-9D66-B7FFC5E4F688 DocuSign Envelope ID: F22C0633-8654-49C7-9D66-B7FFC5E4F688 DocuSign Envelope ID: F22C0633-8654-49C7-9D66-B7FFC5E4F688 DocuSign Envelope ID: F22C0633-8654-49C7-9D66-B7FFC5E4F688 3/2/2022
Supervisor

Certificate Of Completion
Envelope Id: F22C0633865449C79D66B7FFC5E4F688
Status: Completed
Subject: Please DocuSign: C9803077_SW36007-Victorville
Template Code:

Source Envelope:

Document Pages: 9
Signatures: 2
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Certificate Pages: 2
Initials: 0
Anne Davigeadono
AutoNav: Enabled
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Time Zone: (UTC-08:00) Pacific Time (US & Canada)
1416 9th Street, Room 950
Sacramento, CA 95814
[email protected]
IP Address: 13.88.65.97
Record Tracking
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2/25/2022 5:02:17 PM
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Jana Clarke
[email protected]
Supervisor
California State Department of Parks and Recreation
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Melissa Krejckant
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Item Number: 16
City Council / Board of Directors
Written Communications
Meeting of: April 5, 2022
Submitted By:

Sophie Smith, Deputy City Manager

Subject:

Resolution No. 22-032 of the City Council of the City of Victorville approving the Amendment No. 3 to Reimbursement Agreement in connection with the extension of the expiry date of the BNP Paribas Letter of Credit and authorizing the taking of any additional actions required in connection therewith
Recommendation:

That the City Council: 1) adopt Resolution No. 22-032 approving Amendment No. 3 to Reimbursement Agreement in connection with the extension of the expiry date of the BNP Paribas Letter of Credit between the City of Victorville and BNP Paribas; and 2) authorize staff to take any additional actions required in connection therewith.

Fiscal Impact:

The Letter of Credit required in connection with the Reimbursement Agreement annually has a fee calculated at a rate of 1.10% per annum. Per Amendment No. 3, the rate will increase in the following increments; 1.25% annum from July 1, 2022, through September 30, 2022; 1.62% per annum from October 1, 2022, through December 31, 2022; and

2.00% per annum starting January 1, 2023, and thereafter until the expiration date. This means the annual cost associated with the Letter of Credit will increase.

Background:

In 2007, the City of Victorville, through the Victorville Joint Powers Financing Authority (“JPFA”) issued Variable Lease Revenue Bonds, 2007 Series A (Cogeneration Facility Project) (the “Bonds”) in the amount of $83,770,000 for the purpose of financing and refinancing improvements to the Victorville Municipal Utility Services (VMUS) electric system. These bonds were secured by the City’s pledge of lease revenues through a leaseback transaction encumbering certain City facilities as collateral. These facilities include City Hall, multiple City Parks, Fire Stations, the City Library, Victorville Police Station, and various City yards. VMUS pays all debt service and associated costs on the 2007 Series A bonds. The payment of principal and interest on (and purchase price of) 2 5
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the 2007 Series A Bonds are supported by an irrevocable direct pay Letter of Credit issued by BNP Paribas. Without a Letter of Credit (LOC), the 2007 Series A Bonds would be subject to a mandatory tender and at this time $45.23 million remains outstanding.

Discussion:

The current Letter of Credit expires on June 8, 2022. BNP Paribas has agreed to extend the Letter of Credit to June 8, 2023, subject to terms and conditions set forth in Amendment No. 3 to the Reimbursement Agreement, including an increase in the associated fee from the current 1.10% to 2.00% by January 1, 2023.

The City and VMUS are working toward refunding the 2007 Series A Bonds into fixed rate bonds, eliminating the need for a Letter of Credit, prior to June 8, 2022. However, in the case the financing schedule is delayed, an extension of the Letter of Credit is necessary to avoid the mandatory tender.

Staff remains available for any questions or comments.

Attachments: A. Resolution No. 22-032
B. Amendment No. 3 to Reimbursement Agreement

ATTACHMENT A
Resolution No. 22-032

1 RESOLUTION NO. 22-032

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE APPROVING THE AMENDMENT NO. 3 TO REIMBURSEMENT AGREEMENT

IN CONNECTION WITH THE EXTENSION OF THE EXPIRY DATE OF THE

BNP PARIBAS LETTER OF CREDIT AND AUTHORIZING THE TAKING OF

ANY ADDITIONAL ACTIONS REQUIRED IN CONNECTION THEREWITH WHEREAS, the Victorville Joint Powers Financing Authority (the “Authority”), is a joint exercise of powers agency duly created, established and authorized to transact business and exercise its powers, all under and pursuant to the Joint Exercise of Powers Act (Articles 1 through 4 of Chapter 5, Division 7, Title 1 of the California Government Code) (the “Act”) and the powers of such Authority include the power to issue bonds for any of its corporate purposes; and WHEREAS, the Authority previously issued its Variable Rate Lease Revenue Bonds, 2007 Series A (Cogeneration Facility Project) (the “Bonds”); and WHEREAS, payments of principal and interest on the Bonds are supported by an irrevocable letter of credit (the “Letter of Credit”) issued by BNP Paribas, acting through its New York Branch (the “Bank”), which Letter of Credit is scheduled to expire on June 8, 2022; and WHEREAS, the City of Victorville (the “City”) has negotiated with the Bank an extension of the Letter of Credit through June 8, 2023, which extension is contingent on payment of an incrementally increased Facility Fee as described in Section 2 of the proposed Amendment No. 3 to Reimbursement Agreement; and
WHEREAS, the City, with the aid of its staff , has reviewed the documentation relating to the extension of the Letter of Credit as set forth in the proposed Amendment No. 3 to Reimbursement Agreement; and
WHEREAS, the City desires to execute and deliver the Amendment No. 3 to Reimbursement Agreement to facilita te delivery of the Letter of Credit Extension and empower responsible officers of the City to take any additional actions which may be required in furtherance thereof.

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

Section 1. That the City hereby finds and determines that the foregoing recitals are true and correct.

Section 2. That the City Council hereby approves the Amendment No. 3 to Reimbursement Agreement in substantially the form attache d hereto as Exhibit A, with such revisions, amendments and completions as shall be approved by the City Manager or the Finance Director (each, a “Responsible City Officer”), with the advice of counsel to the City, such approval to be conclusively evidenced by the execution and delivery thereof.
2 Section 3. That any Responsible City Officer is hereby authorized and directed to execute and deliver any and all documents and instruments and to do and cause to be done any and all acts and things necessary or proper for carrying out the transactions contemplated by this Resolution.

Section 4. That the City Clerk of the City shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.

Section 5. That this Resolution shall become effective immediately upon adoption.

ATTACHMENT B
Amendment No. 3 to
Reimbursement Agreement

AMENDMENT No. 3 TO REIMBURSEMENT AGREEMENT
THIS AMENDMENT No. 3, dated as of April [__], 2022 (this “Amendment”), to the Reimbursement Agreement dated as of May 1 , 2007 (as amended, amended and restated, modified or supplemented from time to time, the “ Reimbursement Agreement”) between the City of Victorville (the “City”) and BNP Paribas (the “Bank”). Capitalized terms used herein and not otherwise defined herein shall have the meanings given to them in the Reimbursement Agreement.

W I T N E S S E T H :

WHEREAS, the Bank has issued to The Bank of New York Mellon Trust Company, N.A. (the “Trustee”), as the Trustee under the Indenture dated as of May 1, 2007 between the Victorville Joint Powers Financing Authority (the “Authority”) and the Trustee, an irrevocable direct pay letter of credit (the “Letter of Credit”) to support payment of principal, purchase price and interest on the Variable Rate Lease Revenue Bonds, 2007 Series A issued by the Authority (the “Bonds”);
WHEREAS, the City and the Bank are party to the Reimbursement Agreement, which provides for and evidences the obligation of the City to reimburse the Bank for any drawings under the Letter of Credit;
WHEREAS, the City and the Authority have requested that the Bank extend the expiry date of the Letter of Credit to June 8, 20 23 and the Bank has agreed to so extend such expiry date, but only on the terms and subject to the conditions set forth herein; WHEREAS, as a condition precedent to the extension of the expiry date of the Letter of Credit, the City and the Bank have agreed to amend the Reimbursement Agreement on the terms and subject to the conditions set forth herein; and NOW, THEREFORE, the City and the Bank hereby agree as follows:

SECTION 1. Extension of the Letter of Credit Expiry Date . Effective as of the date hereof, subject to the terms and conditions hereof, including, without limitation, the satisfaction of the conditions of effectiveness specified in Section 4 hereof, the Expiration Date (as defined in the Letter of Credit) of the Letter of Credit is hereby extended to June 8, 2023.

SECTION 2. Amendments to the Reimbursement Agreement.

Effective as of
the date hereof, subject to the terms and conditions hereof , Section 2.2(b)(i) of the Reimbursement Agreement is hereby amended and restated as follows:
“(i) an annual Letter of Credit commission (the “Facility Fee”) on the daily average undrawn Stated Amount of the Letter of Credit in effect from time to time (i) from the Effective Date until June 30, 2022 , at the rate of

1.10% per annum, (ii) from July 1, 2022 until September 30, 2022, at the rate of 1.25% per annum, (iii) from October 1, 2022 until December 31, 2022 , at the rate of 1.625% per annum, and (iv) from January 1, 202 3 and thereafter 2 until the Expir ation Date, at the rate of 2.00% per annum, payable quarterly in arrears on the first (1st) Business Day of each February, May, August and November beginning on August 1, 2007, until the Expiration Date and on the Expiration Date, computed on the basis of a 365/366- day year and actual days elapsed; and”
SECTION 3. Conditions of Effectiveness . This Amendment shall become effective on, and only on, the date on which each of the following conditions to effective ness have been satisfied (the “Effective Date”):
(a) D elivery to the City. The City shall have received a counterpart of this Amendment, duly executed by the Bank.
(b) D elivery to the Bank. T he Bank shall have received a counterpart of this Amendment, duly executed by the City.
(c) C osts and Expenses. The City shal l have pa id to the Bank all unpaid costs and expens es (includi ng, without limitation, reasonable attorneys’ fees of Luskin, Stern & Eisler LLP) incurred by the Bank in connection with the extension of the Expiration Date of the Letter of Credit and this Amendment through and including the Effective Date (the “Expenses”).

SECTION 4. Rep
resentations, Warranties and Covenants of the City . The City represents and warrants to, and covenants for the benefit of, the Bank as follows:
(a) The City is a municipal corporation duly organized and validly existing under the Constitution and laws of the State.
(b) The City has full power and authority to own its properties and to carry on its business as now conducted and as contemplated to be conducted under the Financing Documents, and to execute, deliver and perform this Amendment and the other F inancing Documents to which it is a party, and to execute, deliver and perform all other agreements and instruments executed and delivered or to be executed and delivered by the City pursuant to or in connection with this Amendment and the other Financing Documents and has full power and authority to perform its obligations under each of the foregoing. (c) This Amendment and the other Financing Documents to which the City is a party have been duly and validly authorized, executed and delivered, and t his Amendment and the other Financing Docume nts to which the City is a party constitute the legal, valid and binding obligations of the City enforceable against the City in accordance with their respective terms, except insofar as enforcement may be l imited by applicable bankruptcy, insolvency, reor ganization, moratorium or similar laws affecting the enforcement of creditors’ rights and remedies generally, and by general principles of equity, whether applied by a court of law or equity.
(d) The City is not in default under the Reimbursement Agreement or the other Financing Documents to which it is a party or under any other material mortgage, 3 indenture, contract, agreement or undertaking with respect to the Leased Property or to which it is a party or which purports to be binding on the City or on any of its assets. (e) The City is in compliance with and not in violation under any federal or State laws which would adversely affect the City’s existence or its powers and authority referred to in Section 4.1(b) of the Reimbursement Agreement. (f) The execution, delivery and performance by the City of this Amendment, and all other agreements and instruments relating to all the foregoing executed and delivered by the City in connection herewith and therewith, (A) did not and w ill not vio late any provision of federal or State laws or any other applicable law, regulation, order, writ, judgment or decree of any court, arbitrator or governmental authority, and (B) did not and will not violate any provision of, constitute a def ault under, or r esult in the creation or imposition of any Lien, other than the Liens granted under the Reimbursement Agreement and the other Financing Documents, on any of the assets of the City pursuant to the provisions of, any mortgage, resolution, indenture, contract, agreement or other undertaking to which the City is a party or which purports to be binding on the City or on any of its assets.
(g) The City is not a party to, or otherwise subject to, any provision contained in any instrument evidencing Debt of the City, a ny agreement relating thereto or to the Leased Property or any portion thereof, or any other contract or agreement which limits the amount of, or otherwise imposes restrictions on the incurring of, obligations of the City that would adverse ly affect the ability of the City to perform its obligations hereunder or under any of the other Financing Documents to which it is a party. (h) No authorization, approval or other action by, and no notice to or filing with, any person or entity (including, without limitation, the Trustee) is required for the due execution, delivery and performance by the City of this Amendment. (i) There are no actions, suits, proceedings, judgments, orders, writs or decrees outstanding against it, nor is there now pending or, to its k nowledge af ter due inquiry, any threatened l itigation, contested claim, investigation, arbitration, or governmental proceeding by or against it that ( x) individually or in the aggregate could reasonably be expected to have a material adverse impact on the business, operations or conditions (financial or otherwise) of the City or (y) purports to affect the legality, validity or enforceability of this Amendment or the Reimbursement Agreement as amended hereby. (j) After giving effect to the amendments set fo rth h erein, n o Event of Default, or Default will be continuing.
(k) On or before April 15, 2022, the City shall deliver to t he Bank true and correct copies of any and all governmental approvals or ratifications necessary for the City and the Authority to have entered into this Amendment and/or the other documents and the transactions contemplated thereby and hereby.
4 SECTION 5. Release.
(a) IN CONSIDERATION OF THE FOREGOING, THE CITY , ON

BEHALF OF ITSELF AND FOR EACH OF ITS DIRECT AND INDIRECT AFFILIATES,

AGENCIES, SUBDIVISIONS, SUCCESSORS, PREDECESSORS AND ASSIGNS, AND

THEIR PRESENT AND FORMER OFFICIALS, OFFICERS, MANAGERS, LEGAL

REPRESENTATIVES, EMPLOYEES, AGENTS, AND ATTORNEYS, AND THEIR TRUSTEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “RELEASORS” ),

HEREBY RELEASES, REMISES, ACQUITS A ND FOREVER DISCHARGES (THE “RELEASE”) THE BANK AND THE BANK’S EMPLOYEES, AGENTS,

REPRESENTATIVES, CONSULTANTS, ATTORNEYS, FIDUCIARIES, SERVANTS,

OFFICERS, DIRECTORS, PARTNERS, PREDECESSORS, SUCCESSORS AND

ASSIGNS, SUBSIDIARY COMPANIES, PARENT COMPANIES AND RELATED

COMPANY DIVISIONS (ALL OF THE FOREGOING HEREINAFTER CALLED THE “RELEASED PARTIES”) FROM ANY AND ALL ACTIONS AND CAUSES OF

ACTION, JUDGMENTS, EXECUTIONS, SUITS, DEBTS, CLAIMS, DEMANDS,

LIABILITIES, OBLIGATIONS, DAMAGES AND EXPENSES OF ANY AND EVERY

CHARACTER, KNOWN OR UNKNOWN, DIRECT OR INDIRECT, AT LAW OR IN

EQUITY, OF WHATSOEVER KIND OR NATURE, WHETHER HERETOFORE OR

HEREAFTER ARISING, FOR OR BECAUSE OF ANY MATTER OR THINGS DONE,

OMITTED OR SUFFERED TO BE DONE BY ANY OF THE RELEASED PA RTIES

PRIOR TO AND INCLUDING THE DATE OF EXECUTION HEREOF, AND IN ANY

WAY DIRECTLY OR INDIRECTLY ARISING OUT OF OR IN ANY WAY

CONNECTED TO THIS AMENDMENT, THE REIMBURSEMENT AGREEMENT OR

THE OTHER FINANCING DOCUMENTS (ALL OF THE FOREGOING HEREINAFTER CALLED THE “RELEASED MATTERS”). THE CITY REPRESENTS AND

WARRANTS TO THE BANK THAT IT HAS NOT PURPORTED TO TRANSFER, ASSIGN, PLEDGE OR OTHERWISE CONVEY ANY OF THE CITY ’S RIGHT, TITLE

OR INTEREST IN ANY RELEASED MATTER TO ANY OTHER PERSON OR ENTITY

AND THAT THE F OREGOING CONSTITUTES A FULL AND COMPLETE R ELEASE OF ALL RELEASED MATTERS. IN ANY LITIGATION ARISING FROM OR

RELATED TO AN ALLEGED BREACH OF THE RELEASE, THE RELEASE MAY BE

PLEADED AS A DEFENSE, COUNTERCLAIM OR CROSS CLAIM AND SHAL L BE

ADMISSIBLE INTO EVID ENCE WITHOUT FOUNDATION TESTIMONY
WHATSOEVER. THE RELEASORS EXPRESSLY COVENANT AND AGREE THAT

THE RELEASE SHALL BE BINDING IN ALL RESPECTS UPON THEIR RESPECTIVE

SUCCESSORS, ASSIGNS AND TRANSFEREES INCLUDING, WITHOUT

LIMITATION, ANY TRUSTEE IN BANKRUPTCY, AND SHALL INURE TO THE BENEFIT OF THE SUCCESSORS AND ASSIGNS OF THE RELEASED PARTIES. (b) TO THE EXTENT APPLICABLE, THE RELEASORS ARE AWARE OF AND UNDERSTAND THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH STATES:
5 “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE

CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO

EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE

RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE

MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR OR RELEASED PARTY.”
THE RELEASORS HEREBY WAIVE THE PROVISIONS OF SECTION 1542 OF THE

CALIFORNIA CIVIL CODE AND THE PROVISIONS OF ANY OTHER APPLICABLE

LAWS RESTRICTING THE RELEASE OF CLAIMS WHICH THE RELEASORS DO NOT

KNOW OR SUSPECT TO EXIST AT THE TIME OF RELEASE, WH ICH, IF KNOW N,

WOULD HAVE MATERIALLY AFFECTED THE DECISION TO AGREE TO SUCH RELEASE. THE RELEASORS HEREBY AGREE, REPRESENT AND WARRANT TO THE

RELEASED PARTIES THAT THE RELEASORS REALIZE AND ACKNOWLEDGE THAT

FACTUAL MATTERS NOW UNKNOWN TO THE RELEASORS MAY HAVE GIVEN OR

MAY HEREAFTER GIVE RISE TO CAUSES OF ACTION, CLAIMS, DEMANDS, DE BTS,

CONTROVERSIES, DAMAGES, COSTS, LOSSES AND EXPENSES WHICH ARE

PRESENTLY UNKNOWN, UNANTICIPATED AND UNSUSPECTED, AND THE

RELEASORS FURTHER AGREE , REPRESENT AND WARRANT THAT T HE RELEASE

PROVIDED HEREUNDER HAS BEEN NEGOTIATED AND AGREED UPON IN LIGHT OF

THAT REALIZATION AND THAT THE RELEASORS NEVERTHELESS HEREBY

INTEND TO RELEASE, DISCHARGE AND ACQUIT THE RELEASED PARTIES FROM ANY SUCH UNKNOWN CLAIMS. THE RELEASORS REPRESENT, W ARRANT AND

AGREE THAT IN EXECUTING AND ENTERING INTO THIS RELEASE, THE

RELEASORS ARE NOT RELYING AND HA VE NOT RELIED UPON ANY

REPRESENTATIONS, PROMISES OR STATEMENTS MADE BY ANY PERSON THAT ARE NOT RECITED, CONTAINED OR EMBODIED HEREIN.

SECTION 6. Reference to and Effect on the Reimbursement Agreement. (a) On and aft er the date hereof, each reference in the Reimbursement Agreement to “this Agreement,” “hereunder,” “hereof,” “herein” and words of like import shall mean and be a reference to the Reimbursement Agreement, as amended hereby. (b) Except as specifically amended above, (i) the Reimbursement Agreement and each other Financing Document shall remain in full force and effect and are hereby ratified and confirmed by each of the parties hereto, and (ii) the Bank shall not be deemed to have waived any rights or remedies it may have under the Reimbursement Agreement, any other Financing Document or applicable law.
(c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as an amendment to any right, power or remedy of the Bank under any of the Financing Documents or constitute a waiver of or an amendment to any provision of any of the Financing Documents. 6 SECTION 7. Counterparts; D elivery by Telecopier or other Electronic Means. This Amen dment may be executed in counterparts and by the parties hereto in separate counterparts, each of which when so executed and delivered shall be an original, but both of which shall together constitute one and the same instrument. This Amendmen t may be executed and delivered by telecopier, facsimile or other electronic means with the same force and effect as if the same were a fully executed and delivered original manual counterpart. Any signature (including, without limitation, (x) any electronic symbol or process attached to, or associated with, a contract or other recor d and adopted by a person w ith the intent to sign, authenticate or accept such contract or record and (y) any facsimile or .pdf signature) hereto or to any other certificate, ag reement or document related to this transaction, a nd any contract formation or record-keeping, in each case, through electronic means, shall have the sa me legal validity and enforceability as a manually executed signature or use of a paper-based record-keeping system to the fullest extent permitted by applicable law, including the Uniform Commercial Code and the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any similar state l aw based on the Uniform Electronic Transactions Act, and shall be binding on th e City and the Bank, and the parties hereto hereby waive any objection to the contrary. The Bank may also require that any such documents and signatures be confirmed by a manually -signed original thereof; provided, however , that the failure to request or deliver the same shall not limit the effectiveness of any facsimile document or signature.

SECTION 8. Governing Law; Submission to Jurisdiction; Waiver of Jury Trial.
(a) The obligations of the City under this A mendment shall be governed by, and construed in accordance with, the internal laws of the State and obligations of the Bank under this Amendment shall be governed by, and construed in accordance with, the internal laws of the State of New York.
(b) Each of the parties hereto here by irrevocably waives, to the fullest extent permitted by law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereb y. The City further agrees that, in the event of litigation, it will not personally or through its agents or attorneys seek to repudiate the validity of this Section 8, and it acknowledges that it freely and voluntarily entered into this agree ment to waive trial by jury in order to induce the Bank to ente r into this Amendment.
[Re
mainder of Page Intentionally Left Blank; Signature Page to Follow] IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their respec tive office r or director thereunto duly authorized, as of the date first above written.

BNP PARIBAS
By: _______________________________
Name:

Title:

B
y: _______________________________
Name:

Title:

CI

TY OF VICTORVILLE
By
:__________________________________
Name:

Title:

Item Number: 17
City Council / Board of Directors
Written Communications
Meeting of: April 5, 2022
Submitted By:

Sophie L. Smith, Deputy City Manager
Subject:

Declaration of Exempt Surplus Land – SCLA Properties
Recommendation:

That the City Council: 1) adopt Resolution No. 22-02 8 declaring City-owned Properties as “Exempt Surplus Land” pursuant to the Surplus Land Act, Government Code Section 54221(f)(1)(D) and authorizing the transfer of the Properties to the SCLAA; 2) authorize the transmitta l of a certified co py of the Resolutio n to the Housing and Community Development (“HCD”) Department, as specified in Section 400(e) of the Surplus Land Act Guidelines; and that the SCLAA Board of Directors 3) adopt Resol ution No. SCLAA 22- 008 a ccepting the transfer of the Properties ow ned by the City; an d 4) authori ze the Deputy City Mana ger and SCLAA’s Executive Director to execute related transactional documents
Fiscal Impact:

There is no fiscal impact.

Background:

In 2006 and 2007, the City of Victorville, in cooperation with and on behalf of the Southern California Logistics Airport Authority (SCLAA), initiated and completed the acquisition of certain properties adjacent and in proximit y to the Southe rn California L ogistics Airport (SCLA). The propertie s were acquired for the p urposes of various projects pl anned at SCLA. Although property acquisition costs were paid from proceeds of bonds previously issued b y the SCLAA, the prop erties were all impro perly vested in the City’s name.

Subsequently in October 2017, the City and SCLAA adopted Resolution No. 17-053 and Resolution N o. SCLAA 17-004 respectively, authorizin g the transfer of some of the properties from the City’s name to the SCLAA to correct the vesting issue. 2 5
1 1
Discussion:

Staff recently completed the review of property acquisition records and discovered that three (3) additional properties paid for with SCLAA funding remained vested in the City’s ownership. These properties were funded via SCLAA bond proceeds. (please see Attachment C depicting the location of the properties) Staff has prepared Resolution No. 22-028 authorizing the transfer of these properties to the SCLAA, and Resolution No.

SCLAA 22-008 accepting the transfer of such property owned by the City by the SCLAA.

In accordance with the Surplus Land Act (Government Code Sections 54220-54234), property not necessary for a local agency’s use must be deemed “surplus land” or “exempt surplus land” prior to a local agency disposing or transferring of said land.

Declarations of “surplus” or “exempt surplus” must be made by an adopted resolution that is provided to the Department of Housing and Community Development (“HCD”), to which HCD can raise an objection within thirty (30) days of receipt. Under the SLA Section 54221(f)(1)(D) surplus properties can be exempt if the property is transferred to another local, state, or federal agency for the agency’s use. The attached Resolution No. 22-028 declares APN’s 0459-032-40, 0459-032-41 and 0459-032-42 as “exempt surplus” land as the properties will be used for aviation operations and purposes by the SCLA.

If Resolution No. 2 2-028 is ap proved, the transfer of p roperty to SCLAA will occur no sooner than 30 days after the Resolution is transmitted to HCD.

Staff seeks Your Honorable Council and Board’s approval and adoption of Resolution No. 22-028 and Resolution No. SCLAA 22-008 and authoriz ation for the Deputy City Manager and SCLAA’s Executive Director to execute related transactional documents as a corrective action to ensure proper vesting.

Staff remains available for any questions or comments.

Attachments: A. Resolution No. 22-028
B. Resolution No. SCLAA-008
C. Map of Properties

ATTACHMENT A
Resolution No. 22-028
1 RESOLUTION NO. 22-028

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

VICTORVILLE, CALIFORNIA, DECLARING CITY-OWNED ASSESSOR
PARCEL NUMBERS 0459-032-40, 0459-032-41 AND 0459 -032-42 AS “EXEMPT SURPLUS LAND” PURSUANT TO GOVERNMENT CODE
SECTION 54221(f)(1)(D) AND AUTHORIZING THE TRANSFER OF THE

POPERTIES TO THE SOUTHERN CALIFORNIA LOGISTICS AIRPORT

AUTHORITY

WHEREAS, the City of Victorville, California (“City”) is the owner in fee simple of three parcels A ssessor Parcel Numbers (APN) 0459- 032-40, 0459- 032-41 AND 0459- 032-42 (collectively the “Properties”) and as more specifically described in Exhibit “A”; and WHEREAS, under the Surplus Land Act (Government Code Sections 54220-54234) (the “Act”), surplus land is land owned in fee simple for which a local agency’s governing body takes formal action at a regular public meeting declaring land to be surplus and not necessary for a local agency’s use; and
WHEREAS, under the Act land must be declared either “surplus land” or “exempt surplus land” prior to a local agency disposing of said land; and WHEREAS, Section 54221(f)(1)(D) of the Act, “exempt surplus land” includes land that is transferred to another local, state, or federal agency for this agency’s use; and WHEREAS, the City of Victorville (“City”), in cooperation with and on behalf of the Southern California Logistics Airport Authority (“Authority”), previously initiated and completed the acquisition of the Properties adjacent and in the immediate proximity to the Southern California Logistics Airport (“SCLA”); and
WHEREAS, the Properties were acquired by the City for the purpose of facilitating the development of various projects planned at SCLA; and
WHEREAS, the Properties were acquired using 2003 Southern California Logistics Airport Series Bond proceeds (the “2003 Series Bond”), and said repayment of the 2003 Series Bond is attributable to the Authority: and
WHEREAS, given that the Properties were acquired with 2003 Series Bond, the City desires to transfer the Properties to the Authority as a corrective action to ensure proper vesting and that the Properties are appropriately accounted for as part of the assets of the Authority; and WHEREAS, the transfer of the Properties is not to declare the Properties “surplus land” as the Properties are and will continue to be used for the operations and activities of the SCLA; and
WHEREAS, under Title 49, U.S.C. subtitle VII, the Properties also serve as a grant assurance under the Federal Aviation Administration Program, and as such shall be used by the Authority for airport development, planning and noise compatibility programs; and 2 WHEREAS, the Properties are “exempt surplus land” because it is not necessary for the City’s use and are exempt under Government Code section 54221(f)(1)(D) because the City desires to transfer the Properties to the Authority for its use and operations; and WHEREAS, the transfer of the Properties (i) will ensure the continued use by the Authority; (ii) will enhance development opportunities for the SCLA (iii) is in the vital and best interests of both the Authority and the City and the health, safety, and welfare of its residents; and (iv) is in accord with the public purposes and provisions of applicable federal, state, and local laws and requirements; and
WHEREAS, pursuant to Section 15301 of the State of California Environmental Quality Act (CEQA) Guidelines, the transfer of the Properties is exempt from environmental review under CEQA because the transfer will result in a continuation of an existing facility invo lving no expansion of use, and any future development of the Properties will require separate environmental review.

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

Section 1. Recitals.

That the recitals set forth above, including any definitions set forth therein, are true and correct and are incorporated into and made a material part of this Resolution by this reference.

Section 2. Transfer as a Corrective Action and for Common Benefit.

The City Council hereby finds that the transfer of the Properties to the Authority is to serve as a corrective action to ensure proper vesting and appropriately account the Properties as a part of the assets of the Authority. The City Council hereby also finds that the transfer of the Properties is for the common benefit because such transfer (i) will ensure the continued use by the Authority; (ii) will enhance development opportunities for the SCLA (iii) is in the vital and best interests of both the Authority and the City and the health, safety, and welfare of its residents; and (iv) is in accord with the public purposes and provisions of applicable federal, state, and local laws and requirements.

Section 3. Finding the Transfer of Properties as Exempt Surplus Land; not declaring the Properties as Surplus Land.

That based on the facts and information set forth in the above Recitals, the Properties are not declared Surplus Land as the Properties are and will continue to be used for the operations and activities of the SCLA. The City Council hereby also finds that the transfer from the City to the Authority qualifies as “Exempt Surplus Land” under Section 54221(f)(1)(D) of the Act, which includes land that is transferred to another local, state, or federal agency for this agency’s use.

3 Section 4. Transmission of Certified Resolution to HCD.

That the Economic Development Department is directed to transmit a certified copy of this Resolution to the Housing and Community Development (“HCD”) Department, as specified in Section 400(e) of the Guidelines immediately following the adoption hereof.

Section 5. Effect of Transfer and Assignment.

That no transfer of the Properties shall occur until HCD fails to raise objection of this Resolution; but in no event sooner than thirty (30) days from the date of submission of this Resolution to HCD.

Section 6. Quit Claim Deeds/Grant Deeds.

The Deputy City Manager is authorized and directed to convey in the name and on behalf of the City, one or more Quit Claim Deeds or Grant Deeds, in form and substance approved by the City Attorney, related to and for the transfer of the Properties . The Deputy City Manager is hereby authorized, on behalf of the City, to sign all documents necessary and appropriate to carry out and implement the transfer of the Properties to the Southern California Logistics Airport Authority.

Section 6. Effective Date.

This Resolution shall take effect upon its adoption.

Section 7. Certification.

The City Clerk shall certify to the passage and adoption of this resolution; shall enter the same in the book of original Resolutions of the City; and shall make a minute passage and adoption thereof in the records of the proceedings of the City, in the minute of the meeting at which this Resolution is passed and adopted.

4 EXHIBIT “A” TO RESOLUTION NO. 22-028

LEGAL DESCRIPTIONS

APN. No: 0459-032-40

THE SOUTHEAST ¼ OF THE SOUTHEAST ¼ OF SECTION 14, TOWNSHIP 6 NORTH, RANGE 5 WEST, SAN BERNARDINO BASE AND MERIDIAN.

EXCEPTING THEREFROM ½ INTEREST IN ALL MINERALS, OIL, GAS, BREA,

ASPHALTUM, COAL, AND ALL OTHER HYDROCARBON SUBSTANCES, AND ALL

GEOTHERMAL RESOURCES, LYING IN OR UNDER THE LAND DESCRIBED BELOW,

BUT WITHOUT RIGH TOF SURFACE ENTRY TO EXTRACT THE SAME, AS CONVEYED TO AREA HOLDING CO., A GENERAL PARTNERSHIP, BY DEED RECORDED SEPTEMBER 09, 1987 INSTRUMENT NO. 87-313649 OFFICIAL RECORDS.

APN. No: 0459-032-41

THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 6 NORTH, RANGE 5 WEST, SAN BERNARDINO BASE AND MERDIAN.

EXCEPTING THEREFROM ONE HALF (1/2) OF ALL MINERALS, OIL, GAS, BREA,

ASPHALTIUM, COAL, AND ALL TOHER HYDROCARBON SUBSTANCES, AND ALL

GEOTHERMAL RESOURCES, LYING IN OR UDNER THE LAND DESCRIBED BELOW,

BUT WITHOUT RIGHT OF SURFACE ENTRY TO EXTRACT THE SAME, AS CONVEYED TO ARBA HOLDING CO., A GENERAL PARTNERSHIP, BY DEED RECORDED SEPTEMBER 9, 1987 AS INSTRUMENT NO. 87-313649 OFFICIAL RECORDS.

APN. No: 0459-032-42

THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 6 NORTH, RANGE 5 WEST, SAN BERNARDINO GASE AND MERIDIAN, ACCORDING TO GOVERNMENT SURVEY.

ATTACHMENT B
Resolution No. SCLAA 22-008
1 RESOLUTION NO. SCLAA 22-008

A RESOLUTION OF THE GOVERNING BOARD OF THE SOUTHERN

CALIFORNIA LOGISTICS AIRPORT AUTHORITY ACCEPTING THE
TRANSFER OF ASSESSOR PARCEL NUMBERS 0459-032-40, 0459-032-41 AND 0459-032-42 OWNED BY THE CITY OF VICTORVILLE

WHEREAS, the City of Victorville, California (“City”) is the owner in fee simple of three parcels A ssessor Parcel Numbers (APN) 0459- 032-40, 0459- 032-41 AND 0459- 032-42 (collectively the “Properties”) and as more specifically described in Exhibit “A”; and WHEREAS, under the Surplus Land Act (Government Code Sections 54220-54234) (the “Act”), surplus land is land owned in fee simple for which a local agency’s governing body takes formal action at a regular public meeting declaring land to be surplus and not necessary for a local agency’s use; and
WHEREAS, under the Act land must be declared either “surplus land” or “exempt surplus land” prior to a local agency disposing of said land; and WHEREAS, Section 54221(f)(1)(D) of the Act, “exempt surplus land” includes land that is transferred to another local, state, or federal agency for this agency’s use; and WHEREAS, the City of Victorville (“City”), in cooperation with and on behalf of the Southern California Logistics Airport Authority (“Authority”), previously initiated and completed the acquisition of the Properties adjacent and in the immediate proximity to the Southern California Logistics Airport (“SCLA”); and
WHEREAS, the Properties wer e acquired by the City for the purpose of facilitating the development of various projects planned at SCLA; and
WHEREAS, the Properties were acquired using 2003 Southern California Logistics Airport Series Bond proceeds (the “2003 Series Bond”), and said repayment of the 2003 Series Bond is attributable to the Authority: and
WHEREAS, given that the Properties were acquired with 2003 Series Bond, the City desires to transfer the Properties to the Authority as a corrective action to ensure proper vesting and that the Properties are appropriately accounted for as part of the assets of the Authority; and WHEREAS, at the City Council meeting of April 5, 2022, the City of Victorville City Council is declaring the Properties as “exempt surplus land” pursuant to Government Code Section 54221(f)(1)(D) and authorizing the transfer of the Properties to the SCLAA by adoption of Resolution No. 22-028; and
WHEREAS, under Title 49, U.S.C. subtitle VII, the Properties also serve as a grant assurance under the Federal Aviation Administration Program, and as such shall be used by the Authority for airport development, planning and noise compatibility programs; and 2 WHEREAS, the Properties are “exempt surplus land” because it is not necessary for the City’s use and are exempt under Government Code section 54221(f)(1)(D) because the City desires to transfer the Properties to the Authority for their use and operations; and WHEREAS, the SCLAA desires to accept the transfer of the Properties (i) to ensure the continued use by the Authority; (ii) to enhance development opportunities for the SCLA (iii) because it is in the vital and best interests of both the Authority and the City and the health, safety, and welfare of its residents; and (iv) because it is in accord with the public purposes and provisions of applicable federal, state, and local laws and requirements; and WHEREAS, pursuant to Section 15301 of the State of California Environmental Quality Act (CEQA) Guidelines, the transfer of the Properties is exempt from environmental review under CEQA because the transfer will result in a continuation of an exist ing facility involving no expansion of use, and any future development of the Properties will require separate environmental review.

NOW, THEREFORE, THE GOVERNING BOARD OF THE SOUTHERN CALIFORNIA

LOGISTICS AIRPORT AUTHORITY DOES HEREBY FIND, RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. Recitals.

That the recitals set forth above, including any definitions set forth therein, are true and correct and are incorporated into and made a material part of this Resolution by this reference.

Section 2. Transfer as a Corrective Action and for Common Benefit.

The transfer of the Properties to the Authority is to serve as a corrective action to ensure proper vesting and appropriately account the Properties as a part of the assets of the Authorit y. The SCLAA does hereby also find that the transfer of the Properties is for the common benefit because such transfer (i) will ensure the continued use by the Authority; (ii) will enhance development opportunities for the SCLA (iii) is in the vital and best interests of both the Authority and the City and the health, safety, and welfare of its residents; and (iv) is in accord with the public purposes and provisions of applicable federal, state, and local laws and requirements.

Section 3. Finding the Transfer of Properties as Exempt Surplus Land; not declaring the Properties as Surplus Land.

That based on the facts and information set forth in the above Recitals, the Properties are not declared Surplus Land as the Properties are and will continue to be used for the operations and activities of the SCLA. The Properties are “Exempt Surplus Land” under Section 54221(f)(1)(D) of the Act, which includes land that is transferred to another local, state, or federal agency for this agency’s use.

3 Section 4. Effect of Transfer and Assignment.

The Authority hereby accepts the transfer of the Properties from the City for use by the Authority; however no transfer of the Properties shall occur until HCD fails to raise objection of the City of Victorville Resolution 22-028 but in no event sooner than thirty (30) days from the date of submission of the City of Victorville Resolution 22-028 to HCD.

Section 5. Quit Claim Deeds/Grant Deeds.

The Executive Director or her designee is authorized and directed to accept in the name and on behalf of the Authority, one or more Quit Claim Deed or Grant Deeds, in form and substance approved by the Executive Director or designee and Authority Counsel, related to an for the transfer of the Properties, and on such other terms and conditions deemed by the Executive Director or designee to be in the best interests of the Authority.

Section 6. Effective Date.

This Resolution shall take effect upon its adoption.

Section 7. Certification.

The Authority Secretary shall certify to the passage and adoption of this resolution; shall enter the same in the book of original Resolutions of the Authority; and shall make a minute passage and adoption thereof in the records of the proceedings of the Authority, in the minutes of the meeting at which this Resolution is passed and adopted.

4 EXHIBIT “A” TO RESOLUTION NO. SCLAA 22-008

LEGAL DESCRIPTIONS

APN. No: 0459-032-40

THE SOUTHEAST ¼ OF THE SOUTHEAST ¼ OF SECTION 14, TOWNSHIP 6 NORTH, RANGE 5 WEST, SAN BERNARDINO BASE AND MERIDIAN.

EXCEPTING THEREFROM ½ INTEREST IN ALL MINERALS, OIL, GAS, BREA,

ASPHALTUM, COAL, AND ALL OTHER HYDROCARBON SUBSTANCES, AND ALL

GEOTHERMAL RESOURCES, LYING IN OR UNDER THE LAND DESCRIBED BELOW,

BUT WITHOUT RIGH TOF SURFACE ENTRY TO EXTRACT THE SAME, AS CONVEYED TO AREA HOLDING CO., A GENERAL PARTNERSHIP, BY DEED RECORDED SEPTEMBER 09, 1987 INSTRUMENT NO. 87-313649 OFFICIAL RECORDS.

APN. No: 0459-032-41

THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 6 NORTH, RANGE 5 WEST, SAN BERNARDINO BASE AND MERDIAN.

EXCEPTING THEREFROM ONE HALF (1/2) OF ALL MINERALS, OIL, GAS, BREA,

ASPHALTIUM, CO AL, AND ALL TOHER HYDROCARBON SUBSTANCES, AND ALL

GEOTHERMAL RESOURCES, LYING IN OR UDNER THE LAND DESCRIBED BELOW,

BUT WITHOUT RIGHT OF SURFACE ENTRY TO EXTRACT THE SAME, AS CONVEYED TO ARBA HOLDING CO., A GENERAL PARTNERSHIP, BY DEED RECORDED SEPTEMBER 9, 1987 AS INSTRUMENT NO. 87-313649 OFFICIAL RECORDS.

APN. No: 0459-032-42

THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 6 NORTH, RANGE 5 WEST, SAN BERNARDINO GASE AND MERIDIAN, ACCORDING TO GOVERNMENT SURVEY.

ATTACHMENT C

MAP OF PROPERTIES

Item Number: 18
City Council / Board of Directors
Written Communications
Meeting of: April 5, 2022
Submitted By:

Jorge Duran, Code Enforcement Official

Subject:

Pet Assistance and Support Program Grant Application for the Interim Shelter and Wellness Center
Recommendation:

That the City Council adopt Resolution No. 22-027 approving the grant application for the Pet Assistance and Support Program and authorizing the City Manager or designee to process all documents required for program administration.

Fiscal Impact:

There is no fiscal impact at this time. If the grant funds are awarded, staff will bring back an item to accept the awarded grant funds.

Background:

The California Department of Housing and Community Development (HCD) released a Notice of Funding Availability (NOFA) for approximately $10 million in Pet Assistance and Support (PAS) program funds. The PAS program was authorized by the Budget Act of 2021, AB 128 (Chapter 21, Statutes of 2021) as amended by SB 129 (Chapter 69, Statutes of 2021) section 274 Control Section 19.57, paragraph (b)(21). Funds will be awarded for the purpose of providing shelter, pet food, pet supplies and basic veterinarian services for pets of individuals in homeless shelters as well as field staffing and animal behavior training and support.

According to Pets of the Homeless, a non-profit organization involved in feeding and providing veterinary care for pets that belong to individuals experiencing homelessness, of the 3.5 million Americans who are homeless, 5 to 10 percent have dogs or cats. Many shelters and other assisted housing programs do not permit animals on their property, pushing potential participants to live in locations not meant for human habitation.

Abandoning a pet is a major barrier in engaging those who are experiencing homelessness to use services as separating from a pet is emotionally draining to an 2 5
0 3
already vulnerable population. Pets provide warmth, security, companionship and normalcy. After surrendering a pet, owners reunite with their dogs only 15 percent of the time, while 60 percent or more of animals are left in an animal shelter system and are rehomed or euthanized. By making accommodations for pets, more owners who are experiencing homelessness would be inclined to obtain medical and living assistance, and the conditions of their pets would improve.

The intent of the PAS program is to allow homeless shelters to reduce barriers for individuals experiencing homelessness with their pets. By making accommodations for pets, individuals are encouraged to seek shelters who otherwise would not receive services and shelter.

Discussion:

Eligibility
To be eligible for the grant, an organization must be a non-profit with the primary mission to shelter individuals experiencing homelessness and authorized to conduct business in the State of California, or a city or county, applying for a shelter that is already operational at the time of submission, and commit to having rules of conduct and responsibility regarding pets and their owners, provide shelter for pets near bedding areas or in another location of the shelter to ensure the safety and well-being of pets and humans, provide food for pets of individuals in homeless shelters, and offers services of a veterinarian, including, but not limited to, spaying and neutering services, vaccination, and behavioral support. PAS program grant awards to homeless shelters shall be between $100,000 and $600,000.

With the $50,000 donation from San Manuel Band of Mission Indians, a trailer modular was rehabilitated to create an American Disabilities Act (ADA) accessible kenneling location for resident’s pets at the Interim Shelter located at Westwinds Sports Center. The modular includes five full size dog kennels, six cat kennel environments, and food and supplies for animal care. All animals are vaccinated before entering the facility. Dogs receive a license and microchip as well. Spay and neuter services are available to residents for pets residing in the Interim Shelter.

Scope of Proposed Project Fund Usage
If the proposed application is selected for funding, the project would incorporate additional kenneling and services at the Interim Shelter which will transition to the permanent Wellness Center without a lapse in service and care. Based on the estimate provided by the Pets of the Homeless organization 5 to 10 percent of the residents residing in the shelter have pets, but some areas of the country have numbers as high as 25 percent.

With the current 92 beds capacity at the interim shelter and increasing to 170 beds capacity at the permanent shelter, there will be a need to increase the amount of kennels provided. In addition, with ADA protected service animals and emotional support animals (ESA) animals the need for bedside kennel systems will arise. 2 5
0 3
Current rules for the resident’s pets residing in the shelter require that the pets must be well mannered, through this grant, behavior assistance for the animals will be provided for resident’s to have one-on-one support with their pet in this area. Veterinary care through the program will consist of wellness checks, vaccinations, basic treatment, health related grooming, euthanization if/when necessary, microchipping, and spay and neuter services. Animal Care Staff will provide necessary transportation for the animal’s care.

Awarded grant funds are required to be expended by June 30, 2024. Expenses associated with the program, listed below, are estimated based on previous similar project costs, supply costs, staff wages, and contract services. The permanent shelter location represents a 46% increase in beds and if this project is selected for funding, kennel capacity will meet a 1:5 ratio of animals to residents.

Based on these guidelines, the scope of the project request for the proposed PAS Program Pet Area Project included the following:

Pet Assistance and Support Program Project Scope

1. Kennels and Caging areas $17,486.50

2. Food $14,223.60

3. Supplies $6,727.68

4. Veterinary Care, Spay/Neuter $30,000

5. Animal Care Staff $149,960.70

6. Animal Behavior Support $4,800
Total: $223,198.48
The PAS Program application is due on or before April 8, 2022. An authorizing resolution is required to accompany the grant application. Resolution No. 22-027 (Attachment A) has been drafted for this purpose with a not to exceed amount of $300,000 included to account for any potential adjustments to the proposed operating budget before submittal or during subsequent discussions with HCD. Staff will submit the application online if the proposed authorizing resolution is approved, along with the other various segments of the grant application. A draft application has been included as Attachment B.

The PAS Program grant represents an opportunity to secure much needed funding to increase the availability of pet-friendly sheltering and veterinary services to the pets of the City’s most vulnerable residents. Therefore, staff recommends that the City Council adopt Resolution No. 22-027 to approve submittal of the application for PAS Program grant funds for the Interim Shelter and Wellness Center project and authorize the City Manager or designee to process all documents required for program administration. 2 5
0 3
Attachments: A. Resolution 22-027
B. Draft PAS Program Application
1 1
8 8
4 ATTACHMENT A
1 1
8 8
4 RESOLUTION NO. 22-027

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE

APPROVING THE APPLICATION FOR THE CALIFORNIA DEPARTMENT OF

HOUSING AND COMMUNITY DEVELOPMENT PETS ASSISTANCE AND SUPPORT PROGRAM.

WHEREAS, the State of California Department of Housing and Community Development (“Department”) issued a Notice of Funding Availability dated 02/25/2022 (“NOFA”) under the Pets Assistance and Support program (“Program” or “PAS Program”); and

WHEREAS, the City of Victorville wishes to apply for and receive a PAS Program grant to fund shelter, pet food, pet supplies and basic veterinarian services (“Services”), as well as staffing and liability insurance related to providing the Services; and WHEREAS, the Department may approve funding allocations for the PAS Program subject to the terms and conditions of the NOFA and PAS Program requirements; and

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

SECTION 1. That if the City of Victorville receives a grant of PAS Program funds from the Department pursuant to the above-referenced PAS Program NOFA, the City of Victorville represents and certifies that it will use all such funds in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including without limitation all rules, regulations, and laws regarding the PAS Program, as well as any and all contracts Applicant may have with the Department.

SECTION 2. That the City of Victorville pursuant to the above-described NOFA wishes to apply for and receive an allocation of funds in an amount not to exceed $300,000.00 (“PAS Program Grant”).

SECTION 3. That the City of Victorville hereby agrees to use the PAS Program Grant for eligible activities as approved by the Department and in accordance with all applicable rules, regulations, laws, and Program requirements, as well as in a manner consistent and in compliance with the Standard Agreement and other contracts between the City of Victorville and the Department.

SECTION 4. If the City of Victorville’s application is approved, the City of Victorville is hereby authorized and directed to enter into, execute, and deliver a State of California Standard Agreement and any and all other documents required or deemed necessary or appropriate to carry into effect the full intent and purpose of the above resolution, in order to evidence the PAS Program Grant, the Applicant’s obligations related thereto, 1 1
8 8
4 and the Department’s security therefore, and all amendments thereto, as well as any other documents which are related to the PAS Program or the PAS Program Grant awarded to the City of Victorville, as the Department may deem appropriate (collectively, the “PAS Documents”).

SECTION 5. That the City Manager or his designee is hereby authorized to execute the PAS Documents, and any amendment or modification thereto, on behalf of the City of Victorville.

ATTACHMENT B

Business, Consumer Services and Housing Agency
Lourdes M. Castro Ramírez, Secretary
Governor Gavin Newsom
PDI Section, Pet Assistance and Support Program
Department of Housing and Community Development
Gustavo Velasquez, Director
Final Filing Date: April 8, 2022 at 5:00 p.m.

Pet Assistance and Support Program Email:

[email protected]
2020 West El Camino Avenue, Suite 670, Sacramento, CA 95833 Pet Assistance and Support (PAS) Program
2022 NOTICE OF FUNDING AVAILABILITY APPLICATION
State of California

Disclosure of Application: Information provided in this application and attachments will become a public record available for review by the public pursuant to the Public Records Act. As such, any materials provided will be disclosable to any person making a public records request. Please use discretion in providing HCD with information that is not specifically requested, including but not limited to, bank account numbers, personal phone numbers and home addresses.

By providing this information to HCD, the Applicant is
waiving any claim of confidentiality and consents to the disclosure of all submitted material upon request.

General Instructions DRAFT 2/17/2022
HCD will only accept applications through the online portal on the PAS program website. Applications must be on the Department’s forms and cannot be altered or modified. Excel forms must be in Excel format and unprotected, not a pdf document. Failure to provide a complete application with all required attachments may result in disqualification or a reduction in points. Applications must be submitted to HCD no later than 5:00 p.m. PST on:

Friday, April 8, 2022
"Red" shaded cells indicate the Applicant has failed to meet a requirement of the Program. Point cells in "Scoring" worksheet shaded in "Red" indicate that the Applicant has failed to meet the minimum points required.

Please fill-out the last tab in the Application labeled App Support and email the entire workbook to [email protected] for application errors and corrections.

General Instructions (Additional instructions and guidance are given throughout the PAS Application in "red" text and in cell comments. "Yellow" cells are for Applicant data entry.

Required attachments are indicated in "Orange" throughout the PAS Application. Electronically attached files must use the naming convention in the PAS Application. For Example:
"App1 Payee Data" for Applicant 1 Payee Data Record/ STD. 204.

This application is subject to Budget Act of 2021, AB 128 as amended by SB129 and the 2022 Pet Assistance and Support Program Notice of Funding Availability (NOFA).

Download forms and review the 2022 NOFA for the Pet Assistance and Support Program 2019 PAS Page 2 General Instructions
N/A
N/A
Co-applicant Organization Structure
12 Co-applicant Resolution
13 Co-applicant Organization Documents (if applicable)
Co-applicant STD-204 (if applicable)
8 Applicant Signature Block Included
7 6
Applicant Organization Structure
Applicant Organization Documents (if applicable) N/A
Included
PAS Application1
3 Applicant Government TIN Form (if applicable)
The Checklist are due diligence items that are to be submitted along with the PAS Application. If the file is "Not Applicable," the applicant does not need to provide the requested documents.

Applicant 503(C)(3) IRS Letter (if applicable)
Included
N/A2
2/17/2022PAS Application Checklist DRAFT
Check if
IncludedFile NameAttachment Number
Instructions for the PAS application submission:

Use the file name and attachment numbers below for electronic submission.

Funding / Subsidy Commitment Letters
Co-applicant 503(C)(3) IRS Letter (if applicable)
17 10 Co-applicant Government TIN Form (if applicable)
9 15 Co-applicant Signature Block
11 14
16 Project Financials
Included
N/A
N/A
N/A
N/A
N/A
Included
N/A
Included
5 4
Applicant Resolution
Applicant STD-204 (if applicable)
Included
2019 PAS Page 3 Checklist
Proposed Number of New Kennels/Crates/Space:

File Name:

Non-government agency applicants must submit a Payee Data Record (STD-204) Attached and uploaded? 36309
Applicant Resolution Resolutions (Refer to resolution instructions and sample resolution on Pet Assistance and Support Program website)
Applicant 503(C)(3) IRS Letter (if
applicable) 503(C)(3) Letter naming Applicant as a nonprofit Attached and uploaded? Applicant Government TIN Form
(if applicable)
Yes
Applicant Organization
Documents (if applicable)
State: Zip: County:

Co-Applicant
Yes
File Name:

N/A
Address:

City:

Not
Applicable
760-955-5000
City
General Application Requirements
Overview DRAFT
Attached and uploaded? Not
Applicable
Fax:

Applicant Type:

Applicant Signature Block Signature Block (upload as Microsoft Word document) Attached and uploaded? Yes Attached and uploaded?
760-269-0074 [email protected]
File Name: Attached and uploaded?
Email:

File Name: Applicant Organization Structure Diagram of the recipient entity's organizational structure (e.g., nonprofit, Limited Liability Company, or Limited Partnership)
Name:

Existing Kennels/Crates/Space: 28
Project Name:

Phone:
14343 Civic Drive
Describe the Neighborhood Around the Project (condition of neighborhood, amenities, and surrounding structures): The Interim Shelter is stationed in the City’s Westwinds Sports Center, which is located at 18241 George Blvd, Victorville, CA 92394. The property sits on the former George Airforce Base located within the City limits and is 8 miles northwest of central Victorville, California. The base is now the site of the Southern California Logistics Airport (SCLA) and is located near Interstate

15. There are no commercial passenger services at this facility, except for fixed based operator and charter flights and no one resides on the base. An active bus route exists allowing access on and off the base and provides services every hour from 6:00 a.m. to 8:00 p.m. The facility is gated, well lit, and has 24-hour security.

The Westwinds Sports Center, which is actively being used as the Interim Shelter, sits directly across the street from Schmidt Park, providing open green space for individuals to relax, exercise and get fresh air. Adjacent to the facility is a lighted baseball field with a grass infield. Use of the baseball field is restricted during times of field reservations by sports user groups or other organizations. Westwinds Sports Center has been converted to accommodate multiple living spaces, bed arrangements and work areas for the Interim Shelter.

Applicant Contact Information
Zip:

Name:

City: Victorville
Ext.

Yes
14343 Civic Drive
City:
92392Address:

Code Enforcement OfficialTitle:

State: CA
CA
City of Victorville
Jorge Duran
Project Address: 18241 George Blvd.

City of Victorville Wellness Center Kennels
9878
Briefly Describe the Project: The City of Victorville was found to have the second highest population of homeless residents in San Bernardino County in the past few years. Seeking to provide a solution to assist this portion of our population, the Westwinds Interim Homeless Shelter was opened in June 2021 to provide shelter and resources to the homeless individuals within our community. Within the nearly 9900 sq. ft. facility there is a 92-bed capacity included across two separate sleeping quarters (one for males and one for females), 10 bathrooms with shower stalls, a kitchen, several rooms for support services and secure area for resident property storage.

In June 2021, a need for animal housing at the shelter was identified due to the lack of this resource presenting as a barrier for entry for homeless residents with pets.

With funds granted from San Manuel Band of Mission Indians, the City of Victorville staff were able to secure and refurbish a modular building to create an ADA accessible, indoor animal kennel at the shelter site to provide 5 dog kennels and 6 cat kennels, for pets belonging to the residents staying at the shelter. The kennels also include a secure, fenced dog run area, food, and animal care and sanitizing necessities. The on-site kennel location has been a great addition to the shelter. In spring of 2023, the shelter will be moving locations to our new Wellness Center campus with 170 beds, which will have addition services.

Number of Rooms: 7 Number of Bathrooms: 10Total Square Feet of project: Maximum Project Bed Occupancy: 92
Total Number of Shelter Beds: 92 Proposed Number of PAS Shelter Beds: 28 Number of Animals Allowed in the Past: 3 Surrounding Neighborhood: Mixed Use Yes Address:

Government agency applicants must submit a Government TIN Form Yes File Name: Applicant STD-204 (if applicable)
City: Victorville County:

City of Victorville Wellness Center Kennels
Zip: 92392 San BernardinoCounty:

Applicant
Name:

Applicant Type:

Shelter Overview
Is the Applicant recognized by the IRS as a 501(c)(3) organization, a city, or county? City YesIs the Applicant's primary mission to shelter individuals experiencing homelessness? Is the Applicant committed to meeting all the following conditions? Provide rules of conduct and responsibility regarding pets and their owners; provide crates or kennels either near bunks or in a separate area; provide food for the pets; and offers the services of a veterinarian, including, but not limited to spaying and neutering services, and behavioral support.

Victorville State:
11 San Bernardino Zip Code: 92394
Describe Project Amenities: The Westwinds Interim Homeless Shelter opened in June 2021 and offers 92 beds, meals, laundry service for residents, case managers, housing navigation assistance, substance use disorder counseling, job training/readiness and placement, transportation assistance, assistance with medical and mental healthcare, and an animal kennel. In addition to case managers assisting guests with job readiness skills, Goodwill Industries works closely with clients to provide additional tools like mock interviews, resume preparation, job placement and various job training assistance that includes office skills & computer literacy, fork lift training, food handling & retail.

In spring of 2023, the Interim Shelter will be relocated to a larger (almost 26,000 sq. ft.), permanent Wellness Center facility that will have 170 beds (200 at maximum capacity), with 9,900 sq. ft. of dedicated community space for support services (case management, housing navigation, substance use disorder counseling, job training, industrial kitchen, activities). There will be 110 separate living units, 34 bathrooms, and many amenities including: a dog walk area, industrial kitchen & dining room, covered patio, basketball court & outdoor fitness activities, and laundry access. Core services with be provided on-site including case management, housing navigation, behavioral health, substance use disorder counseling, job training/placement, medical services. The Wellness Center will also incoporate recuperative care, a medical clinic and will serve homeless individuals, as well as those at risk of becoming homeless.

Not
Applicable
File Name:

Project has ADA Accessibility:

Attached and uploaded?File Name:

Non-Government organizational documents (Corporations: Bylaws, Articles of Incorporation; Limited Liability Corporation: Operating Agreements, Articles of Organizations) 2019 PAS Page 4 Overview
Zip:

Zip:

Zip:

Zip:

Applicant Contact Information
File Name:

Name:

Phone: Ext.

File Name:

Government agency applicants must submit a Government TIN Form Attached and uploaded?File Name:

1. Provide a detailed narrative that explains how animals will be sheltered either with crates, kennels or some other means. (3 points) Project Narratives
City of Victorville Animal Care & Control (ACC) provides food for the animals being house at the shelter kennels. ACC may receive food donations from the public or purchase food for the animals to ensure an adequate fresh supply is available. The food is stored in sealed boxes in the temperature controlled building with the kennels at the shelter. It is the responsibility of the animal owner to tend to their animals twice a day and ensure there is water and the pet has been fed. City ACC and Code Enforcement staff conduct daily inspections of the animals to ensure the animals are being fed and cared for. One big contributor to food for the stray animals, within the City limits, unrelated to the shelter, is the Nutro Pet Food Co., a local business that operates their animal food manufacturing plant within our city. In the future, we look forward to possibly partnering with their company to provide food for the animals housed in the shelter so more budgetary resources can be used for additional pet housing spaces and other pet resources. However, if the grant is approved, grant funds may be used to purchase animal food directly.

3. Provide a detailed narrative that explains how veterinarian services will be provided; including spay and neuter services, vaccination, and behavioral support. (3 points) At this time, veterinarian services are provided through Animal Care & Control contracted veterinarians. The veterinarians will provide wellness checks, vaccinations, and spay and neuter services for the pets of the residents residing in the shelter. When an individual is going to be residing at the shelter with their pet, the animal intake process will take place and a meeting location and time to pickup the pet for its veterinarian appointment will occur. Animal Care & Control provides all animal transportation. All animals entering the facility will be vaccinated and checked by the veterinarian prior to being permitted into the kennels. The pet is then licensed to its owner at the shelter location and the pet is microchipped if it is not already. The animal will then be transported to the kennels to be reunited with its owner. At this time, Animal Care & Control is working to identify an ideal trainer to work with the residents who may have concerns with their pet's behavior and will be provided with behavior support on a one on one basis at the park, tentatively at the across the street from the shelter. If a resident would like to have their pet spayed or neutered, Animal Care & Control staff will set up the appointment with the Victor Valley Animal Protective League and provide transportation to and from the appointment. The animal will also be provided with a neck cone and pain medications. Currently, these services are taken from funding set aside for our normal city operations that generally have not included these added tasks and services. However, if the grant is approved, grant funds will be used to provide these services directly to shelter clients and preserve city funding generally budgeted for non-homeless residents.

In June 2021, a need was seen within our homeless shelter operations for the housing of pets on-site. Through a gracious grant from the San Manuel Band of Mission Indians, we were able to secure and refurbish a modular trailer for the purpose of indoor kenneling for pets of residents in our shelter. The modular trailer and dog run space was completed in February 2022, and the first pets moved in on March 2, 2022. A detailed intake form is completed for each animal entering the facility and the information is placed on the kennel door with animal owner information, animal name, breed, sex and color. A combination lock is provided to each animal owner to ensure animals are not released by other residents.

Within the ADA accessible modular trailer there two rooms that accommodate five 4'x5'x6' fully enclosed kennels, and 6 cattery style cages. The modular trailer provides a temperature-controlled environment, with adequate ventilation for the health and comfort of the animals. The kennel size allows for residents with two dogs to house them together while maintaining normal body movement without obstruction. Within the space, there is abundant lighting to regularly monitor the animals. Within the kenneling facility, food and water are provided in sufficient quantity to maintain good dietary health. The facility enclosures are checked multiple times a day by facility staff and Animal Care & Control staff to ensure they are kept clean of animal waste to prevent odor, disease, or a neglectful environment. All animals, prior to entering the facility, are provided with vaccinations, if vaccinations are not current, to prevent contagious illness outbreaks. Vaccinations provided include rabies, Bordetella, and DHLPP. All dogs are also microchipped and licensed to their owner at the shelter. A safe and gated dog run facility is provided with 5,000 sq. ft. of space for outdoor exercise. Should an animal need veterinary care, any sick or injured animals are treated without delay.

2. Provide a detailed narrative that explains how food will be provided to the pets. (3 points)

4. Provide a detailed narrative that describes grants and operating subsidies which have been secured for the project site during the past year. (3 points) Cassandra Searcy
Victorville State: CA 92392
Administrative Fiscal Representative (i.e., CFO, Accountant/Bookkeeper) Kim Scott
State:

Phone: 760-955-5000Name:
760-955-5280
Address 14343 Civic Drive City:

Finance Manager [email protected]: Email Address:

Victorville
File Name: Co-applicant Signature Block Attached and uploaded? Attached and uploaded?
Other Contacts
Co-applicant Organization
Structure
File Name: Co-applicant Organization
Documents (if applicable)
Non-Government organizational documents (Corporations: Bylaws, Articles of Incorporation; Limited Liability Corporation: Operating Agreements, Articles of Organizations) Attached and uploaded? Diagram of the recipient entity's organizational structure (e.g., nonprofit, Limited Liability Company, or Limited Partnership) Attached and uploaded? Signature Block (upload as Microsoft Word document)
Site Manager
CoC Service
San Bernardino State:

Fax:
503(C)(3) Letter naming Applicant as a nonprofit Attached and uploaded? Email:

Title: Homeless Solutions
Coordinator
Email Address: [email protected] Phone:
92392
City: CA
Phone:

Expenditure of Funds
Title: Email Address:
909-501-0622
Address
Minimum Requirements
File Name: Co-applicant Resolution Resolution (Refer to resolution instructions and sample resolution on Pet Assistance and Support Program website)
Name: Title:

Co-applicant STD-204 (if
applicable) Non-government agency applicants must submit a Payee Data Record (STD-204) City:

Attached and uploaded?
File Name: Co-applicant 503(C)(3) IRS Letter
(if applicable)
Co-applicant Government TIN
Form (if applicable)
Address: State: Zip:

State: CA
CA
215 North D Street, Suite 301 92415-0044
Email Address:Title:

San Bernardino County Continuum of Care and Coordinated Entry System (CES) CoC Rep:
92867Orange
Applicant acknowledges and agrees that funds must be expended by June 30, 2024. Yes Contractor (if applicable)
Address
14343 Civic Drive
Continuum of Care (CoC) (if applicable)
City:
1091 N Batavia Street City:

Phone:

Name:

Address
Name: Illumination Foundation
2019 PAS Page 5 Overview
Phone Number:

TitleAuthorized Representative Printed Name
City: Zip:

Signature Date
Certifications
On behalf of the entity identified below, I certify that: The information, statements and attachments included in this application are, to the best of my knowledge and belief, true and correct and I possess the legal authority to submit this application on behalf of the entity identified in the signature block.

Submit three years of financials for an operating shelter (one year minimum). Attached and uploaded? Yes The City of Victorville Animal Care & Control has created a detailed Pet Policy and Waiver to ensure that all instances and scenarios are covered. In the Interim Shelter, human and pet health and safety are imperative. The pet policy provides full rules and regulations related to the animal care and handling. Only canine or feline animals will be permitted. All other types of pets are prohibited. Animals may not be authorized to enter the facility until the City’s Animal Care and Control Division gives approval. Animal Care and Control will determine when the facility has appropriate space to safely accommodate the shelter and care needs of animals. Pet kennels are subject to availability. Each resident may bring up to two (2) dogs and/or two (2) cats. Not more than two (2) dogs belonging to the same animal owner may remain in one kennel. Cats must be kenneled individually.

Animal owners exceeding the allowable number of pets must allow the City’s Animal Care and Control Division to shelter the additional animals off-site or secure shelter for the animals elsewhere. Off-site sheltered animals must secure alternative permanent shelter within 45 days or the animal owner may choose to surrender the animal for adoption by our contract shelter provider. Only trained service animals as protected under the ADA and as verified by the City’s Animal Care and Control Division may remain in direct proximity to their owners during their bed stay. All other animals such as emotional support animals must remain in the provided kennels.

All residents that bring animals into the shelter must adhere to the guidelines. Failure to adhere to the guidelines will result in the animal being removed from the facility and the client/animal owner may be asked to end their stay. The animal owner is responsible for feeding their pets and ensuring that the animal has water in their kennel. The City and Lead Operator are not responsible for providing food for the animal but will do so during their inspections and advise the animal owner of the deficiency. Staff will work with clients to create a safety plan which may or may not result in the owner being asked to remove the animal from premises. Examples include (but are not limited to) the following: Repeated reports of aggression towards guests or other animals, a guest's failure to pick up after their animal or excessive barking during lights out periods.

The City’s Animal Care and Control Division will remove and quarantine any animal due to the following reasons: The animal bites a person, the animal bites or attacks another animal, the animal has become severely ill, the animal is deemed to be a public nuisance as listed in Victorville Municipal Code 7.06 (potentially dangerous and vicious dogs). The City’s Animal Care and Control Division will remove and seize any animal due to the following reasons: the animal has not been fed by the animal owner with in the last 24 hours, the animal is neglected and has not been attend to by the animal owner within the last 24 hours, the animal owner has exited the shelter either voluntarily or at the site manager’s direction and the animal was not taken by the animal owner. Upon exit of the shelter: The animal owner may not remove leashes, bowls, locks, and other animal related items, if provided by the shelter, from the facility. The animal owner must notify the City’s Animal Care & Control Division of the animal’s new location for license verification and to update the related animal license. Failure to provide an updated license location within 10 days from exit of the Wellness Center will result in the issued license to be cancelled and the license file to be closed. The City of Victorville is self insured and the contractor who runs the main operations at the shelter has their own insurance. The City of Victorville maintains a contract with the Victor Valley Animal Protective League for any needed services they provide.

5. Provide a detailed narrative that explains the applicant’s rules of conduct and responsibility regarding pets and their owners, including liability insurance, and a plan to connect with an animal protection organization. (3 points)

6. Provide a detailed narrative summarizing how the project will meet all relevant state, municipal, and local animal ordinances and laws. (3 points) Currently at the kennels installed onsite at the shelter, the regulations and maintenance are monitored and regulated by the Victorville Animal Care & Control which falls under all California state codes and Victorville Municipal codes under Title 7. To ensure the leash law is abided by, a fence system has been installed around the kennel facility should an animal get loose. This area is also maintained for outdoor exercise for animals residing in the kennels. Additionally, regulations have been created for animals taken beyond the fenced kennel location to ensure no issues may occur.

The rules and regulations have been created for the facility with local and state regulations in mind, in addition to the health and safety of the pets and residents. Per Victorville Municipal code all dogs entering this facility are vaccinated against rabies and licensed to their owner at the shelter location. All dogs are also microchipped with their license. All animals entering the kenneling facility are vaccinated with health-related shots to prevent common diseases amongst animals in close quarters.

In the Victorville jurisdiction, spay/neuter is not required but is strongly recommended. At this time, all animals within our kenneling facility are already altered. Rules and regulations for the animal owners also cover state guidelines for animals that are neglected, abused, or abandoned. Animals that have not been tended to, provided the necessities of food and water, exercised, or cleaned up after may result in removal from the kennel facility. Rules also include regulations regarding excessive barking after lights out periods, aggressive dog behavior. City and state codes related to animal bites will also be enforced and any animal that bites a human will be removed from the kennel facility and quarantined at an off-site facility for the remainder of the state required 10 days.

In the past year, the City of Victorville has secured several grants toward the Homeless shelter and on-site kenneling location. The City of Victorville was awarded $199,000 from the County of San Bernardino for an Emergency Solutions Grant which was created to assist individuals and families to quickly regain stability in permanent housing after experiencing a housing crisis or homelessness. In December 2021, we were awarded $95,000 from the Kaiser Foundation Hospital Southern California Community Benefit Charitable Contribution for the interim shelter operations until November 30, 2022. On September 27, 2021, our project was awarded $50,000 from the San Manual Band of Mission Indians to create pet housing at the shelter. The funding was used to secure a modular trailer for indoor housing for animals of the clients residing at the shelter. The funds also allowed for the purchase of kennels and supplies for the animal housing facility. One-time CDBG-CV-3 funding in the amount of $200,000 has been awarded to support COVID-19 related services at the Interim Shelter.

Other operating subsidies include a portion of the City's Homekey Round 2 award and funding from a 1% general sales tax, known as Measure P, which was approved by voters in November of 2020. The tax began as of April 2021 and will continue as a resource to fund shelter operations. At this time, the City has also submitted a grant application for the 2022 Prevention of Animal Homelessness and Cruelty program for $7,500 that would go toward spay and neuter programs within our jurisdiction if awarded.

Entity Address State:

Entity name:

Project Financials
8 Jay Obernolte
To locate or verify the Legislative and Congressional information, click on the respective links below and enter the applicant office location zip code, the activity location site zip code(s) (i.e. zip code(s) where activities are performed), and any additional activity location site(s), as applicable.

State Legislator U.S. House of Representatives
Applicant Office Location
District # First Name Last Name
State Assembly Member 33 Thurston Smith
U.S. House of Representatives
File Name:

State Senate Member Scott Wilk21
2019 PAS Page 6 Overview
PAS Minimum Award Limit Per NOFA $100,000
Operating Budget DRAFT
Staff for Animal Care and Transportation
Kennels and Cat housing
-$37,490
$182,500
$176,239 $196,560 $447,433
Debt Service (Principal & Interest Paid) $0 $0
$490,080
Staff (for assisting with pets)
$1,093,872
$0
$0
Other (define)
Other (define)
Other (define)
Other (define)
$0
$0
$0
$0
$0
$0
Other (define)
$223,198
2024
$0 $0
$1,155,574 $1,288,560
$74,634 $74,634 $74,634
PAS Funds Requested
-$5,330,024
$223,198
$0
$3,432
$182,500
$3,956
$141
$430,892 $480,480
$0
Cash Flow Without PAS
$223,198
Maximum Allowable Award>>$223,198Proposed Eligible PAS Expenses $56,242
2023
$114,978
$153,890 $171,600
$51,978
2021
$64,949
2022
$894,024
$0
Veterinary Services
Animal Food
$182,500
$0
$148,760
$0
$0
$74,580 $37,090
$6,530
$2,304
$47,738
$0
$490,080
$0
$81,861 $180,704$47,738
$64,949
$490,080
Supplies
Administration (incl. Admin. Staff)
Staff (for direct client services)
2020
$0
2019
$0

EXPENSES

REVENUE TOTAL
Other (define)
$0
Other (define)
Other (define)
$0
Accounting & Legal
Utilities
Crates and Kennels
Insurance
Taxes
Rent/Lease
Other (define)
Other (define)
Other (define)
$0
$0
3 Year Avg
-$46,465
$0Other (define)
Independent Audit (if applicable)
Other (define)

SUBTOTAL
Operating and Maintenance

PAS ELLIGIBLE EXPENSES
Other (define)
Other (define)
$0 $0
Other (define)
2019

REVENUE
PAS Maximum Award Limit Per NOFA $600,000
Funding Gap (expenses not covered by other subsidies or funds) $5,553,221TOTAL Project Costs (including HCD & non-HCD) $37,090
$0
2020 2021
$0
$223,198
$5,553,222
$223,198
Eligible Funding Gap

TOTAL ESTIMATED SUPPORT AND OTHER REVENUE
2023
PAS Funding (PROPOSED)
$15,000
$1,200
$37,090 $74,580
Liability Insurance (if applicable)
Veterinarian Services
$3,432
$3,556
$7,500
$400
City of Victorville Wellness Center Kennels
Financial Feasibility: The Project must be financially feasible, as determined by HCD and based on an evaluation of development funding and operating subsidies.

Complete the following operating budget for the PAS Shelter Project and attach Applicant Financials for the past three years to support amounts reported (minimum of one year). Please list proposed funding for crates/kennels, pet food and supplies, veterinary services, staffing and liability insurance. 3 Year Avg 2022
$0
-$6,530
-$2,304
-$141
-$37,490
2019
-$141
$0
-$6,530
-$2,304
$223,198
$17,086
$7,112
Non-PAS Funds Used to Supplement the Project
San Manuel Band of Mission
Indians
Grant Yes
Grant Yes 12/1/2021 12 MonthsKaiser Contribution
Pet Food and Supply
Food-Residents
2024 Total
Projections
Yes 7/1/2022 12 months $1,300,000 Support of our
interim Wellness
Center
Operations and
Staff
Three year average of income/expenses for past
shelters operated by Applicant.
2020
$2,934,214
$390,439
$464,065
$0
Total
$4,452
$13,500
$1,200
$0
$0
$201,500
$0
$0
$20,518
$15,120
$36,000
$2,800
$0
$0
$56,242
$0
$0
$0
$141
$37,490
Total
$5,330,023
$0
$51,978$46,465
$37,090
$17,086
$0
$0$0
$0

NET OPERATING INCOME

SUBTOTAL
TOTAL
$0$0
Funding / Subsidy Program
Name:

Funding / Subsidy Program Type: Funding /
Subsidy
Program
Committed
If not
committed,
application
Submittal Date:

Date Award
Expected:

Contract
Term
(Years):

Expected 1st
Year Amount:

Basis for
Subsequent
Amount:

ESG (Emergency Solutions Grant
provided by the County of San
Bernardino
Grant Yes 12/28/2021 3 Months $199,000 Support of our
interim Wellness
Center
HomeKey 2.0 Grant Yes 3/22/2022 18 months $23,600,000 Construction for furture site
$0
$5,553,221
-$894,024-$46,465
27-Sep-21
$223,198
CBDG CV - City of Victorville Grant Yes 7/1/2022 12 months $200,000 Support of our interim Wellness
Center
Measure P - Local Tax Funds Self-Funded
$6,530 $20,518
$95,000 Support of our
interim Wellness
Center
12 Months $50,000 Construction of
the Animal
Kennel at our
interim Wellness
Center
$114,978
$17,920
$36,000
$37,490
-$952,831
$46,465
$906,366 $946,002
-$2,338,700-$2,097,299
$2,212,277 $2,394,942
$2,097,299 $2,338,700$859,901
$0
$7,500
$2,304 $8,312 $5,652
$15,000 $13,500
2021 3 Year Avg 2022 2023 2024
$0
$0
$148,760
$64,949
$0
$0
$0
2019 PAS Page 7 Operating Budget
File Name: Funding / Subsidy
Commitment Letters Provide documentation for the funding or subsidy sources above. Attached and uploaded? Yes 2022 Prevention of Animal
Homlessness and Cruelty
Grant No 2/28/2022 12 months $7,500
2019 PAS Page 8 Operating Budget
Performance Measures DRAFT
Shelter General Measurable Outcomes (e.g. brief
description of the number of participants assisted by
the shelter; the number of pets assisted by the
shelter, if applicable; shelter beds availability;
participants average length of stay, etc.) (5 points)
Category
March 2022 Outcomes are as follows: 92 residents assisted in the month; average daily assistance for residents is 87 persons; average length of stay per resident is 60 days; number of residents connected to job training/placement is 75; number of clients connected to housing is 40; number of residents connected to substance use disorder counseling is 40; number of residents assisted with obtaining vital documents is 80; number of residents assisted with obtaining health services (including medical, dental, mental health, etc.) is 51; number of pets currently housed in our on-site kennel facility is 3.

Current Outcomes
We expect non-pet resident outcomes to remain unchanged as we prepare to transition over to the larger shelter campus in spring of 2023, where we will be able to serve almost double the amount of residents than we have space to at this time.

PAS program residents are expected to be at a 10-25% (per capita) increase with additional kennel spaces being provided to accommodate more pets and increased animal-related services. We expect our client intake number to increase along with our long term placement stats to increase. Equally, we expect our animal intake number to double.

Projected Outcomes Within 6 Months of Awards
Currently, our clients can file a grievance or complaint any day or time of the week in a confidential manner. Shelter staff & management must respond to the grievance or complaint immediately to resolve or mitigate. If the client’s grievance is still unresolved, they may escalate the process to the Shelter Executive team. If the guest is still unsatisfied with the response, and the process has been followed, the guest's grievance can be escalated to the Homelessness Solutions Coordinator at the City of Victorville for further consideration. We plan to implement a survey with questions focused on identifying the services being provided to the clients and their animals. Animal-related survey and comment cards will be placed in the kenneling location to allow the opportunity to know how we can better the organization and care provided to the animals. Questions will include: How has your pet's stay been in the kennels? Are there any supplies that are needing to be replenished? Are you able to visit and care for your dog regularly? Are there any conditions at the site that worry you about the wellness of your pet? Are there any supplies or services you need for you pet? Please categorize the outcomes for your project into the following six categories:

City of Victorville Wellness Center Kennels
Part A: Tenant Satisfaction Surveys
Describe the types of questions asked, which should also include PAS or pet specific questions. Describe how the survey is reviewed, what you do with results, and how often you conduct this survey.

Section 1: Performance Measures (as required under NOFA Section II.G.) Part B: Tenant Exit Survey
Describe the questions asked to determine the reasons for exiting the shelter.

Part C: Measurable Outcomes
At this time, the only residents that have exited the shelter have either found housing exterior to the shelter or have been asked to leave due to failure to abide by the rules related to drug use or violence. Often, residents are exiting the shelter due to self achievements or personal reasons. When animals do leave the shelter and animal owners contact us for the license transfer, a number of questions will be available for them to answer related to their pet's stay. Questions will include: How was your pet's stay in the kennels? Were you provided with adequate supplies for your pet while with us? Did you feel your pet was safe and housed well? Is there anything further you would recommend we provide for future pets staying with us? Section 2: Evaluation Plan
As the size of the project increases and we are able to assist more homeless pet owners, our goal is to see an increase in animals obtaining licenses, microchips, and vaccinations through this program. Although spay and neuter is not required, but strongly encouraged, we hope to continuously increase this number as well.

The city is also prepared to equip and mobilize an additional modular for kenning purposed, essentially doubling our capacity for success. The success of the PAS program will be measured by the animals sheltered, animals licensed, the health of the animal and the long-term housing provided to the client and the client's animal.

Residential Stability: describe how shelter
participants showed increased residential stability
during this reporting period. This may include exits to permanent housing, rental application or deposit
assistance, housing navigation services or other
forms of assistance directly related to helping
participants gain stable housing. (5 points)
The main shelter operations are run by our Lead Operator, Illumination Foundation, whom employs a full-time Housing Navigator whose primary role is to work closely with prospective property owners and mangers to promote permanent housing opportunities for shelter clients. The Housing Navigator also works with case managers to process Emergency Housing
Vouchers (EHVs) to eligible clients. EHVs are administered by San Bernardino County Housing Authority. In the Month of March 2022, 40 residents of the shelter were connected to housing.

Residential stability increases each time permanent housing is provided to a client and builds morale inside the shelter facility as other clients seeking the same outcome witness the results. Each time a client is provided housing, it demonstrates the client has demonstrated an ability to seek living independence and sustainability through completing the process to secure an ID, establish or reestablish public benefits, and complete life skills training to manage their own livening expenses and economics. Follow up interviews with already placed individuals will be needed to measure the residential stability, health status, fiscal responsibility and substance use between the temporary shelter to permanent housing. The success of residential stability will be measured by the amount of clients sheltered and the reduces recidivisms shelter rates.

Increased Skills and/or Income: describe how
shelter participants showed increased skills and/or
income during this reporting period. This may include
details about participants being given access to job-
related training and/or education, part-time or full-time supported employment, access to mainstream
service/income support programs for which they are
eligible or other forms of assistance directly related to helping participants gain stable employment or
income. (5 points)
In the month of March 2022, 75 residents in the shelter partook in job training and placement assistance activities. Through Goodwill Industries, residents can learn interview skills, resume preparation, job placement and various job training assistance that includes office skills & computer literacy, fork lift training, food handling & retail.

Shelter clients must secure the needed credentials to obtain employment such as securing and identification card, ensuring they are drug free, prepare resumes, establish a physical address and contact at the wellness center. Participants are given transportation options through rideshare apps and/or access to bus passes to attend to job interviews. Participants are provided clothing shoes and other services or items needed to position the applicant to gain employment. Staff works with participants on mock job interviews, to list reference checks and develop skills assessments in addition to enrolling in a workforce program or temp agency.

Some individuals may need help with expungement of minor criminal records to assist in the job market and clear background hurdles. Counselors can assist clients with online training/GED and or college courses, this will also improve housing services when linked to schooling as more grants and funding now become available. This includes trade schools who assist in job placement, once complete.

Measurable Outcomes: (as determined from
applicant tenant satisfaction surveys) (5 points)
Measurable Outcomes: (as determined from
applicant tenant exit surveys) (5 points)
N/A
N/A
Surveys will be collected electronically during the client stay every 60 days through ESRI Survey 123 and scored using a 1-5 satisfaction rating.

Surveys will be collected electronically upon a client exiting through ESRI Survey 123 and scored.

PAS Program Specific Measurable Outcomes (e.g.
brief description of the number of participants
assisted by the program; shelter kennel/crate
availability; the number of pets receiving Spay/Neuter
Veterinary Services, etc.) (5 points)
Our on-site kenneling facility opened to the first pets in early March of 2022. At this time, we have 3 pets residing in the kennels, all are vaccinated, all dogs are licensed, and all animals in the facility are already spayed/neutered and there has not been a need for the spay/neuter services at this time but it is available at no cost for the pets in the facility. Currently, we are housing two dogs and one cat. We have housing on-site with 11 kennels (5 dog kennels and 6 cat kennels). There are 4 open dog kennels and 5 open cat kennels.
2019 PAS Page 9 Performance Measures
Using the city's existing Survey 123 electronic homeless outreach survey process, statistics will be collected to identify origin locations; date if entry and exit; pets licensed, spayed/neutered, microchipped, and vaccinated; and amount of dog/cat food consumed. Data related to homeless individuals will be collected by the City Homeless Engagement Team (HET) consisting of two Code Enforcement officers. Data collected relating to animals will be tracked by Animal Care and Control staff to track breeds, sex, age, animals size, veterinarian needs, and spay/neuter services. The data will be managed and collected through the City's established enterprise system known as Energov. The system will track animal licensing, sterility, vet services, site inspections, all animal related aggression incidents, possible animal abandonment and neglect.

Describe your evaluation plan, including how you intend to collect, track and analyze data on the effectiveness of your project, including the outcomes projected above. Indicate who will analyze the data and perform your program evaluation. (e.g., staff, consultant, etc.). (10 points) 2019 PAS Page 10 Performance Measures
City of Victorville Wellness Center Kennels
Scoring DRAFT
30 12
10 110 points maximum (minimum 70 points)
18 3. Operating Budget: Projected Operating Budget- 12 points

4. Operating Budget: Capacity (attach applicant financials for past three years) - 30 points

1. Overview: Project Narrative with Minimum Requirements - 18 points

2. Overview: Organization Documents- 10 points
Reviewer
Score
Self
Score

5. Performance Measures: Measurable Outcomes - 30 points max 30 106. Performance Measures: Plan for Evaluation - 10 points 2019 PAS Page 11 Scoring
Application Support Form DRAFT
Issue # Tab Section Cell# Update/Comment Urgency ADT
Status
Reason /
Status
Date
Organization
: Email: Contact Phone:

Full Name: Date Requested: Application
Version Date:
2 1
4 3
6 5
8 7
10 9
12 11
14 13
16 15
18 17
20 19
23 22
21 25
24 Item Number: 19
City Council / Board of Directors
Written Communications
Meeting of: April 5, 2022
Submitted By:

Keith C. Metzler, City Manager

Subject:

Purchase Agreement By and Between the City of Victorville and the Mustafa Family Trust Recommendation:

That the Honorable City Council:
(1) Approve the Standard Offer, Agreement and Escrow Instructions for Purchase of Real Estate by and between the City of Victorville and the Mustafa Family Trust, for the acquisition of Assessor’s Parcel Number (APN) 0396-131-05; and (2) Authorize the City Manager to execute all transactional related documents to effectuate the acquisition.

Fiscal Impact:

The purchase of APN 0396-131-05 in the amount of $160,000 plus escrow related expenses will be funded through the American Rescue Plan Act (ARPA) account 2770010-55010-97075. No additional appropriation is required to this account.

Background:

Staff has determined that the current Police Station does not have the capability of housing additional personnel to sustain the current level of public safety services. As such, staff has been exploring potential sites that can serve as a future Police Station facility and accommodate the expansion of services to better serve the Victorville community and its residents.

On November 28, 2005, the former Victorville Redevelopment Agency, on behalf of the City, acquired APN’s 0396-131-01, 02, 03, 04, 0396-172-05 and 06 (Attachment A) for the construction of a new library facility. Since then, staff has found an alternative location for a new library facility and has determined that these properties can meet the needs of a new Police Station and long-term public service goals and objectives. 2 5
1 9
Discussion:

On the January 18, 2022 Closed Session meeting, the City Council authorized the City Manager to negotiate the acquisition of APN 0396-131-05, depicted on Attachment A, to further assemble sufficient land for a new Police Station. The property is a 11,326 square foot vacant site located on the east side of Park Avenue (“Property”) directly adjacent to the City-owned properties. Collectively, all the properties would allow 2.55 acres for the development of a new Police Station. Currently, the square footage of the Police Station is 15,828 square feet and is at its capacity and cannot accommodate future expansion needs or services.

Pursuant to the City Council’s direction, staff has worked with Lee & Associates in negotiating a sales price with Mustafa Family Trust (Seller) as depicted in the attached Non-Binding Letter of Intent to Purchase dated January 26, 2022 (Attachment B). The property is being sold “as is”. The City has reviewed recent real estate comparables in the Civic Center area and has found the asking price to be within the value of this property.

The Seller has agreed to sell the property in the amount of $160,000, with a $10,000 deposit due within five days of escrow opening, is requesting a 30-day close of escrow and has provided a 30-day due diligence period for the City.

As a result, to negotiating the terms and conditions, staff is now presenting the Standard Offer, Agreement and Escrow Instructions for Purchase of Real Estate, Attachment C, for the Council’s review and approval. If approved by the Council, staff will proceed with escrow to acquire the property within the 30-day escrow period. Upon successful acquisition of the property staff will initiate the Request for Proposal process with the City’s Purchasing Division to obtain quotes and design concepts for a new Police Station on the subject properties. Costs associated with the acquisition and related escrow and title report fee’s will be funded through the American Rescue Plan Act that is a part of the Community Improvements Category previously approved by the City Council on July 20, 2021 through Resolution No. 21-072. No additional appropriation is required as there are sufficient funds to cover the acquisition and related escrow fees from this account.

Staff requests approval of the Standard Offer, Agreement and Escrow Instructions for Purchase of Real Estate and authorize the City Manager to enter into and execute all escrow related transactional documents. Staff remains available for any questions or comments you may have.

Attachments: A. Site Map
B. Non-Binding Letter of Intent to Purchase
C. Standard Offer, Agreement and Escrow Instructions for Purchase of Real Estate

ATTACHMENT A

SITE MAP

ATTACHMENT B

NON-BINDING LETTER OF INTENT TO PURCHASE

ATTACHMENT C

STANDARD OFFER, AGREEMENT AND ESCROW

INSTRUCTIONS FOR PURCHASE OF REAL ESTATE

STANDARD OFFER, AGREEMENT AND ESCROW INSTRUCTIONS

FOR PURCHASE OF REAL ESTATE
(Vacant Land)
Dated:

1. Buyer.

1.1 , ("Buyer")
hereby offers to purchase the real property, hereinafter described, from the owner thereof ("Seller") (collectively, the "Parties" or individually, a "Party"), through an escrow ("Escrow") to close 30 or days after the waiver or satisfaction of the Buyer's Contingencies, ("Expected Closing Date") to be held by ("Escrow Holder") whose address is , Phone No. , Facsimile No.
upon the terms and conditions set forth in this agreement ("Agreement"). Buyer shall have the right to assign Buyer's rights hereunder, but any such assignment shall not relieve Buyer of Buyer's obligations herein unless Seller expressly releases Buyer.

1.2 The term "Date of Agreement" as used herein shall be the date when by execution and delivery (as defined in paragraph 20.2) of this document or a subsequent counteroffer thereto, Buyer and Seller have reached agreement in writing whereby Seller agrees to sell, and Buyer agrees to purchase, the Property upon terms accepted by both Parties.

2. Property.

2.1 The real property ("Property") that is the subject of this offer consists of (insert a brief physical description) is located in the County of , is commonly known as (street address, City, state, zip) and is legally described as:
(APN: ).

2.2 If the legal description of the Property is not complete or is inaccurate, this Agreement shall not be invalid and the legal description shall be completed or corrected to meet the requirements of ("Title Company"), which shall issue the title policy hereinafter described.

2.3 The Property includes, at no additional cost to Buyer, the permanent improvements thereon, including those items which pursuant to applicable law are a part of the property, as well as the following items, if any, owned by Seller and at present located on the Property:
(collectively, the "Improvements").

2.4 Except as provided in Paragraph 2.3, the Purchase Price does not include Seller's personal property, furniture and furnishings, and all of which shall be removed by Seller prior to Closing.

3. Purchase Price.

3.1 The purchase price ("Purchase Price") to be paid by Buyer to Seller for the Property shall be: $ , or (complete only if purchase price will be determined based on a per unit cost instead of a fixed price) $ per unit.

The unit used to determine the Purchase Price shall be: lot acre square foot other prorating areas of less than a full unit. The number of units shall be based on a calculation of total area of the Property as certified to the Parties by a licensed surveyor in accordance with paragraph 9.1(g). However, the following rights of way and other areas will be excluded from such calculation: . The Purchase Price shall be payable as follows:
(Strike if not applicable)
(a) Cash down payment, including the Deposit as defined in paragraph 4.3 (or if an all cash transaction, the Purchase Price): $
$
PAGE 1 OF 11

INITIALS INITIALS
© 2019 AIR CRE. All Rights Reserved. OFAL-15.20, Revised 10-22-2020 Phone: Fax:

Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com March 29, 2022
The City of Victorville, California
First American Title Company
12530 Hesperia Road, Suite 218 Victorville, CA 92395
(760)243-4865

0.26 Acres of
vacant land.

San Bernardino 0 Park Avenue
Victorville CA 92392
Lot Number: 218 District: 13 City, Municipality, Township: VICTORVILLE Tract No: 7887
0396-131-05
First American Title Company
NONE
NONE
X 160,000.00
10,000.00
Lee & Associates 14369 Park Ave. Victorville, CA 92392
7602415211 224 7602411208 Joseph Hisquierdo 0.26 Acres Par $

3.2 If Buyer is taking title to the Property subject to, or assuming, an Existing Deed of Trust and such deed of trust permits the beneficiary to demand payment of fees including, but not limited to, points, processing fees, and appraisal fees as a condition to the transfer of the Property, Buyer agrees to pay such fees up to a maximum of 1.5% of the unpaid principal balance of the applicable Existing Note.

4. Deposits.

4.1 Buyer has delivered to Broker a check in the sum of $ , payable to Escrow Holder, to be delivered by Broker to Escrow Holder within 2 or business days after both Parties have executed this Agreement and the executed Agreement has been delivered to Escrow Holder, or
business days after both Parties have executed this Agreement and the executed Agreement has been delivered to Escrow Holder Buyer shall deliver to Escrow Holder a check in the sum of $ . If said check is not received by Escrow Holder within said time period then Seller may elect to unilaterally terminate this transaction by giving written notice of such election to Escrow Holder whereupon neither Party shall have any further liability to the other under this Agreement. Should Buyer and Seller not enter into an agreement for purchase and sale, Buyer's check or funds shall, upon request by Buyer, be promptly returned to Buyer.

4.3 Escrow Holder shall deposit the funds deposited with it by Buyer pursuant to paragraphs 4.1 and 4.2 (collectively the "Deposit"), in a State or Federally chartered bank in an interest bearing account whose term is appropriate and consistent with the timing requirements of this transaction. The interest therefrom shall accrue to the benefit of Buyer, who hereby acknowledges that there may be penalties or interest forfeitures if the applicable instrument is redeemed prior to its specified maturity. Buyer's Federal Tax Identification Number is . NOTE: Such interest bearing account cannot be opened until Buyer's Federal Tax Identification Number is provided.

4.4 Notwithstanding the foregoing, within 5 days after Escrow Holder receives the monies described in paragraph 4.1 above, Escrow Holder shall release $100 of said monies to Seller as and for independent consideration for Seller's' execution of this Agreement and the granting of the contingency period to Buyer as herein provided. Such independent consideration is non-refundable to Buyer but shall be credited to the Purchase Price in the event that the purchase of the Property is completed.

4.5 Upon waiver of all of Buyer's contingencies the Deposit shall become non-refundable but applicable to the Purchase Price except in the event of a Seller breach, or in the event that the Escrow is terminated pursuant to the provisions of Paragraph 9.1(n) (Destruction, Damage or Loss) or 9.1(o) (Material Change).
.

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7. Real Estate Brokers.

7.1 Each Party acknowledges receiving a Disclosure Regarding Real Estate Agency Relationship, Confirms and consents to the following agency relationships in this transaction with the following real estate brokers ("Broker(s)") and/or their agents ("Agent(s)") Seller's Brokerage Firm
License No. Is the broker of (check one): the Seller; or both the Buyer and Seller (dual agent).

Seller's Agent
License No. Is (check one): the Seller's Agent (salesperson or broker associate); or both the Buyer's Agent Agent and the Seller's Agent (dual agent).

Buyer's Brokerage Firm
License No. Is the broker of (check one): the Buyer; or both the Buyer and Seller (dual agent).

Buyer's Agent
License No. Is (check one): the Buyer's Agent (salesperson or broker associate); or both the Buyer's Agent Agent and the Seller's Agent (dual agent).

The Parties acknowledge that other than the Brokers and Agents listed above, there are no other brokers and agents representing the Parties or due any fees and/or commissions under this Agreement. Buyer shall use the services of Buyer's Broker exclusively in connection with any and all negotiations and offers with respect to the Property for a period of 1 year from the date inserted for reference purposes at the top of page 1.

7.2 Buyer and Seller each represent and warrant to the other that he/she/it has had no dealings with any person, firm, broker, agent or finder in connection with the negotiation of this Agreement and/or the consummation of the purchase and sale contemplated herein, other than the Brokers and Agents named in paragraph 7.1, and no broker, agent or other person, firm or entity, other than said Brokers and Agents is/are entitled to any commission or finder's fee in connection with this transaction as the result of any dealings or acts of such Party. Buyer and Seller do each hereby agree to indemnify, defend, protect and hold the other harmless from and against any costs, expenses or liability for compensation, commission or charges which may be claimed by any broker, agent, finder or other similar party, other than said named Brokers and Agents by reason of any dealings or act of the indemnifying Party.

8. Escrow and Closing.

8.1 Upon acceptance hereof by Seller, this Agreement, including any counteroffers incorporated herein by the Parties, shall constitute not only the agreement of purchase and sale between Buyer and Seller, but also instructions to Escrow Holder for the consummation of the Agreement through the Escrow. Escrow Holder shall not prepare any further escrow instructions restating or amending the Agreement unless specifically so instructed by the Parties or a Broker herein. Subject to the reasonable approval of the Parties, Escrow Holder may, however, include its standard general escrow provisions. In the event that there is any conflict between the provisions of the Agreement and the provisions of any additional escrow instructions the provisions of the Agreement shall prevail as to the Parties and the Escrow Holder.

8.2 As soon as practical after the receipt of this Agreement and any relevant counteroffers, Escrow Holder shall ascertain the Date of Agreement as defined in paragraphs 1.2 and 20.2 and advise the Parties and Brokers, in writing, of the date ascertained.

8.3 Escrow Holder is hereby authorized and instructed to conduct the Escrow in accordance with this Agreement, applicable law and custom and practice of the community in which Escrow Holder is located, including any reporting requirements of the Internal Revenue Code. In the event of a conflict between the law of the state where the Property is located and the law of the state where the Escrow Holder is located, the law of the state where the Property is located shall prevail.

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Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com MGR Real Estate, Inc.
01841921 X
Paul A. Tan
01751292 X
Lee & Associates Inland Empire North, Inc.
01328146 X
Joseph V. Hisquierdo
02023190 X

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8.4 Subject to satisfaction of the contingencies herein described, Escrow Holder shall close this escrow (the "Closing") by recording a general warranty deed (a grant deed in California) and the other documents required to be recorded, and by disbursing the funds and documents in accordance with this Agreement.

8.5 Buyer and Seller shall each pay one-half of the Escrow Holder's charges and Seller shall pay the usual recording fees and any required documentary transfer taxes. Seller shall pay the premium for a standard coverage owner's or joint protection policy of title insurance. (See also paragraph 11)

8.6 Escrow Holder shall verify that all of Buyer's contingencies have been satisfied or waived prior to Closing. The matters contained in paragraphs 9.1 subparagraphs (b), (c), (d), (e), (g), (i), (n), and (o), 9.4, 9.5, 12, 13, 14, 16, 18, 20, 21, 22, and 24 are, however, matters of agreement between the Parties only and are not instructions to Escrow Holder.

If this transaction is terminated for non-satisfaction and non-waiver of a Buyer's Contingency, as defined in paragraph 9.2 or8.7 disapproval of any other matter subject to Buyer's approval, then neither of the Parties shall thereafter have any liability to the other under this Agreement, except to the extent of a breach of any affirmative covenant or warranty in this Agreement. In the event of such termination, Buyer shall, subject to the provisions of paragraph 8.10, be promptly refunded all funds deposited by Buyer with Escrow Holder, less only the $100 provided for in paragraph 4.4 and the Title Company and Escrow Holder cancellation fees and costs, all of which shall be Buyer's obligation. If this transaction is terminated as a result of Seller's breach of this Agreement then Seller shall pay the Title Company and Escrow Holder cancellation fees and costs.

8.8 The Closing shall occur on the Expected Closing Date, or as soon thereafter as the Escrow is in condition for Closing; provided, however, that if the Closing does not occur by the Expected Closing Date and said Date is not extended by mutual instructions of the Parties, a Party not then in default under this Agreement may notify the other Party, Escrow Holder, and Brokers, in writing that, unless the Closing occurs within 5 business days following said notice, the Escrow shall be deemed terminated without further notice or instructions.

8.9 Except as otherwise provided herein, the termination of Escrow shall not relieve or release either Party from any obligation to pay Escrow Holder's fees and costs or constitute a waiver, release or discharge of any breach or default that has occurred in the performance of the obligations, agreements, covenants or warranties contained therein.

8.10 If this Escrow is termination for any reason other than Seller's breach or default, then as a condition to the return of Buyer's deposit, Buyer shall within 5 days after written request deliver to Seller, at no charge, copies of all surveys, engineering studies, soil reports, maps, master plans, feasibility studies and other similar items prepared by or for Buyer that pertain to the Property.

9. Contingencies to Closing.

9.1 The Closing of this transaction is contingent upon the satisfaction or waiver of the following contingencies. IF BUYER FAILS TO

NOTIFY ESCROW HOLDER, IN WRITING, OF THE DISAPPROVAL OF ANY OF SAID CONTINGENCIES WITHIN THE TIME SPECIFIED THEREIN, IT SHALL BE CONCLUSIVELY PRESUMED THAT BUYER HAS APPROVED SUCH ITEM, MATTER OR DOCUMENT. Buyer's conditional approval shall constitute disapproval, unless provision is made by the Seller within the time specified therefore by the Buyer in such conditional approval or by this Agreement, whichever is later, for the satisfaction of the condition imposed by the Buyer. Escrow Holder shall promptly provide all Parties with copies of any written disapproval or conditional approval which it receives. With regard to subparagraphs (a) through (m) the pre-printed time periods shall control unless a different number of days is inserted in the spaces provided. (a) Disclosure. Seller shall make to Buyer, through Escrow, all of the applicable disclosures required by law (See AIR Commercial Real Estate Association ("AIR") standard form entitled "Seller's Mandatory Disclosure Statement") and provide Buyer with a completed Property Information Sheet ("Property Information Sheet") concerning the Property, duly executed by or on behalf of Seller in the current form or equivalent to that published by the AIR within 10 or days following the Date of Agreement. Buyer has 10 days from the receipt of said disclosures to approve or disapprove the matters disclosed. (b) Physical Inspection. Buyer has 10 or days following the receipt of the Property Information Sheet or the Date of Agreement, whichever is later, to satisfy itself with regard to the physical aspects and size of the Property. (c) Hazardous Substance Conditions Report. Buyer has 30 or days following the receipt of the Property Information Sheet or the Date of Agreement, whichever is later, to satisfy itself with regard to the environmental aspects of the Property. Seller recommends that Buyer obtain a Hazardous Substance Conditions Report concerning the Property and relevant adjoining properties. Any such report shall be paid for by Buyer. A "Hazardous Substance" for purposes of this Agreement is defined as any substance whose nature and/or quantity of existence, use, manufacture, disposal or effect, render it subject to Federal, state or local regulation, investigation, remediation or removal as potentially injurious to public health or welfare. A "Hazardous Substance Condition" for purposes of this Agreement is defined as the existence on, under or relevantly adjacent to the Property of a Hazardous Substance that would require remediation and/or removal under applicable Federal, state or local law.
(d) Soil Inspection. Buyer has 30 or days following the receipt of the Property Information Sheet or the Date of Agreement, whichever is later, to satisfy itself with regard to the condition of the soils on the Property. Seller recommends that Buyer obtain a soil test report. Any such report shall be paid for by Buyer. Seller shall provide Buyer copies of any soils report that Seller may have within 10 days of the Date of Agreement.
(e) Governmental Approvals. Buyer has 30 or days following the Date of Agreement to satisfy itself with regard to approvals and permits from governmental agencies or departments which have or may have jurisdiction over the Property and which Buyer deems necessary or desirable in connection with its intended use of the Property, including, but not limited to, permits and approvals required with respect to zoning, planning, building and safety, fire, police, handicapped and Americans with Disabilities Act requirements, transportation and environmental matters.
(f) Conditions of Title. Escrow Holder shall cause a current commitment for title insurance ("Title Commitment") concerning the Property issued by the Title Company, as well as legible copies of all documents referred to in the Title Commitment ("Underlying Documents"), and a scaled and dimensioned plot showing the location of any easements to be delivered to Buyer within 10 or days following the Date of Agreement. Buyer has 10 days from the receipt of the Title Commitment, the Underlying Documents and the plot plan to satisfy itself with PAGE 4 OF 11

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regard to the condition of title. The disapproval by Buyer of any monetary encumbrance, which by the terms of this Agreement is not to remain against the Property after the Closing, shall not be considered a failure of this contingency, as Seller shall have the obligation, at Seller's expense, to satisfy and remove such disapproved monetary encumbrance at or before the Closing. (g) Survey. Buyer has 30 or days following the receipt of the Title Commitment and Underlying Documents to satisfy itself with regard to any ALTA title supplement based upon a survey prepared to American Land Title Association ("ALTA") standards for an owner's policy by a licensed surveyor, showing the legal description and boundary lines of the Property, any easements of record, and any improvements, poles, structures and things located within 10 feet of either side of the Property boundary lines. Any such survey shall be prepared at Buyer's direction and expense. If Buyer has obtained a survey and approved the ALTA title supplement, Buyer may elect within the period allowed for Buyer's approval of a survey to have an ALTA extended coverage owner's form of title policy, in which event Buyer shall pay any additional premium attributable thereto.
(h) Existing Leases and Tenancy Statements. Seller shall within 10 or days following the Date of Agreement provide both Buyer and Escrow Holder with legible copies of all leases, subleases or rental arrangements (collectively, "Existing Leases") affecting the Property, and with a tenancy statement ("Estoppel Certificate") in the latest form or equivalent to that published by the AIR, executed by Seller and/or each tenant and subtenant of the Property. Seller shall use its best efforts to have each tenant complete and execute an Estoppel Certificate. If any tenant fails or refuses to provide an Estoppel Certificate then Seller shall complete and execute an Estoppel Certificate for that tenancy. Buyer has 10 days from the receipt of said Existing Leases and Estoppel Certificates to satisfy itself with regard to the Existing Leases and any other tenancy issues.
(i) Owner's Association. Seller shall within 10 or days following the Date of Agreement provide Buyer with a statement and transfer package from any owner's association servicing the Property. Such transfer package shall at a minimum include: copies of the association's bylaws, articles of incorporation, current budget and financial statement. Buyer has 10 days from the receipt of such documents to satisfy itself with regard to the association.
(j) Other Agreements. Seller shall within 10 or days following the Date of Agreement provide Buyer with legible copies of all other agreements ("Other Agreements") known to Seller that will affect the Property after Closing. Buyer has 10 days from the receipt of said Other Agreements to satisfy itself with regard to such Agreements. (k) Financing. If paragraph 5 hereof dealing with a financing contingency has not been stricken, the satisfaction or waiver of such New Loan contingency.
(l) Existing Notes. If paragraph 3.1(c) has not been stricken, Seller shall within 10 or days following the Date of Agreement provide Buyer with legible copies of the Existing Notes, Existing Deeds of Trust and related agreements (collectively, "Loan Documents") to which the Property will remain subject after the Closing. Escrow Holder shall promptly request from the holders of the Existing Notes a beneficiary statement ("Beneficiary Statement") confirming: (1) the amount of the unpaid principal balance, the current interest rate, and the date to which interest is paid, and (2) the nature and amount of any impounds held by the beneficiary in connection with such loan. Buyer has 10 or days following the receipt of the Loan Documents and Beneficiary Statements to satisfy itself with regard to such financing. Buyer's obligation to close is conditioned upon Buyer being able to purchase the Property without acceleration or change in the terms of any Existing Notes or charges to Buyer except as otherwise provided in this Agreement or approved by Buyer, provided, however, Buyer shall pay the transfer fee referred to in paragraph 3.2 hereof. Likewise if Seller is to carry back a Purchase Money Note then Seller shall within 10 or days following the Date of Agreement provide Buyer with a copy of the proposed Purchase Money Note and Purchase Money Deed of Trust. Buyer has 10 or days from the receipt of such documents to satisfy itself with regard to the form and content thereof. (m) Personal Property. In the event that any personal property is included in the Purchase Price, Buyer has 10 or days following the Date of Agreement to satisfy itself with regard to the title condition of such personal property. Seller recommends that Buyer obtain a UCC-1 report. Any such report shall be paid for by Buyer. Seller shall provide Buyer copies of any liens or encumbrances affecting such personal property that it is aware of within 10 or days following the Date of Agreement. (n) Destruction, Damage or Loss. There shall not have occurred prior to the Closing, a destruction of, or damage or loss to, the Property or any portion thereof, from any cause whatsoever, which would cost more than $10,000.00 to repair or cure. If the cost of repair or cure is $10,000.00 or less, Seller shall repair or cure the loss prior to the Closing. Buyer shall have the option, within 10 days after receipt of written notice of a loss costing more than $10,000.00 to repair or cure, to either terminate this Agreement or to purchase the Property notwithstanding such loss, but without deduction or offset against the Purchase Price. If the cost to repair or cure is more than $10,000.00, and Buyer does not elect to terminate this Agreement, Buyer shall be entitled to any insurance proceeds applicable to such loss. Unless otherwise notified in writing, Escrow Holder shall assume no such destruction, damage or loss has occurred prior to Closing. (o) Material Change. Buyer shall have 10 days following receipt of written notice of a Material Change within which to satisfy itself with regard to such change. "Material Change" shall mean a substantial adverse change in the use, occupancy, tenants, title, or condition of the Property that occurs after the date of this offer and prior to the Closing. Unless otherwise notified in writing, Escrow Holder shall assume that no Material Change has occurred prior to the Closing.
(p) Seller Performance. The delivery of all documents and the due performance by Seller of each and every undertaking and agreement to be performed by Seller under this Agreement. (q) Brokerage Fee. Payment at the Closing of such brokerage fee as is specified in this Agreement or later written instructions to Escrow Holder executed by Seller and Brokers ("Brokerage Fee"). It is agreed by the Parties and Escrow Holder that Brokers are a third party beneficiary of this Agreement insofar as the Brokerage Fee is concerned, and that no change shall be made with respect to the payment of the Brokerage Fee specified in this Agreement, without the written consent of Brokers.

9.2 All of the contingencies specified in subparagraphs (a) through (m) of paragraph 9.1 are for the benefit of, and may be waived by, Buyer, and may be elsewhere herein referred to as "Buyer's Contingencies."

9.3 If any of Buyer's Contingencies or any other matter subject to Buyer's approval is disapproved as provided for herein in a timely manner ("Disapproved Item"), Seller shall have the right within 10 days following the receipt of notice of Buyer's disapproval to elect to cure such Disapproved Item prior to the Expected Closing Date ("Seller's Election"). Seller's failure to give to Buyer within such period, written notice of Seller's commitment to cure such Disapproved Item on or before the Expected Closing Date shall be conclusively presumed to be Seller's Election PAGE 5 OF 11

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not to cure such Disapproved Item. If Seller elects, either by written notice or failure to give written notice, not to cure a Disapproved Item, Buyer shall have the right, within 10 days after Seller's Election to either accept title to the Property subject to such Disapproved Item, or to terminate this Agreement. Buyer's failure to notify Seller in writing of Buyer's election to accept title to the Property subject to the Disapproved Item without deduction or offset shall constitute Buyer's election to terminate this Agreement. Unless expressly provided otherwise herein, Seller's right to cure shall not apply to the remediation of Hazardous Substance Conditions or to the Financing Contingency. Unless the Parties mutually instruct otherwise, if the time periods for the satisfaction of contingencies or for Seller's and Buyer's elections would expire on a date after the Expected Closing Date, the Expected Closing Date shall be deemed extended for 3 business days following the expiration of: (a) the applicable contingency period(s), (b) the period within which the Seller may elect to cure the Disapproved Item, or (c) if Seller elects not to cure, the period within which Buyer may elect to proceed with this transaction, whichever is later.

9.4 The Parties acknowledge that extensive local, state and Federal legislation establish broad liability upon owners and/or users of real property for the investigation and remediation of Hazardous Substances. The determination of the existence of a Hazardous Substance Condition and the evaluation of the impact of such a condition are highly technical and beyond the expertise of Brokers. The Parties acknowledge that they have been advised by Brokers to consult their own technical and legal experts with respect to the possible presence of Hazardous Substances on the Property or adjoining properties, and Buyer and Seller are not relying upon any investigation by or statement of Brokers with respect thereto. The Parties hereby assume all responsibility for the impact of such Hazardous Substances upon their respective interests herein.

10. Documents Required at or Before Closing:

10.1 Five days prior to the Closing date Escrow Holder shall obtain an updated Title Commitment concerning the Property from the Title Company and provide copies thereof to each of the Parties.

10.2 Seller shall deliver to Escrow Holder in time for delivery to Buyer at the Closing:
(a) Grant or general warranty deed, duly executed and in recordable form, conveying fee title to the Property to Buyer. (b) If applicable, the Beneficiary Statements concerning Existing Note(s). (c) If applicable, the Existing Leases and Other Agreements together with duly executed assignments thereof by Seller and Buyer.

The assignment of Existing Leases shall be on the most recent Assignment and Assumption of Lessor's Interest in Lease form published by the AIR or its equivalent.
(d) An affidavit executed by Seller to the effect that Seller is not a "foreign person" within the meaning of Internal Revenue Code Section 1445 or successor statutes. If Seller does not provide such affidavit in form reasonably satisfactory to Buyer at least 3 business days prior to the Closing, Escrow Holder shall at the Closing deduct from Seller's proceeds and remit to the Internal Revenue Service such sum as is required by applicable Federal law with respect to purchases from foreign sellers. (e) If the Property is located in California, an affidavit executed by Seller to the effect that Seller is not a ''nonresident" within the meaning of California Revenue and Tax Code Section 18662 or successor statutes. If Seller does not provide such affidavit in form reasonably satisfactory to Buyer at least 3 business days prior to the Closing, Escrow Holder shall at the Closing deduct from Seller's proceeds and remit to the Franchise Tax Board such sum as is required by such statute. (f) If applicable, a bill of sale, duly executed, conveying title to any included personal property to Buyer. (g) If the Seller is a corporation, a duly executed corporate resolution authorizing the execution of this Agreement and the sale of the Property.

10.3 Buyer shall deliver to Seller through Escrow:
(a) The cash portion of the Purchase Price and such additional sums as are required of Buyer under this Agreement shall be deposited by Buyer with Escrow Holder, by federal funds wire transfer, or any other method acceptable to Escrow Holder in immediately collectable funds, no later than 2:00 P.M. on the business day prior to the Expected Closing Date provided, however, that Buyer shall not be required to deposit such monies into Escrow if at the time set for the deposit of such monies Seller is in default or has indicated that it will not perform any of its obligations hereunder. Instead, in such circumstances in order to reserve its rights to proceed Buyer need only provide Escrow with evidence establishing that the required monies were available. (b) If a Purchase Money Note and Purchase Money Deed of Trust are called for by this Agreement, the duly executed originals of those documents, the Purchase Money Deed of Trust being in recordable form, together with evidence of fire insurance on the improvements in the amount of the full replacement cost naming Seller as a mortgage loss payee, and a real estate tax service contract (at Buyer's expense), assuring Seller of notice of the status of payment of real property taxes during the life of the Purchase Money Note. (c) The Assignment and Assumption of Lessor's Interest in Lease form specified in paragraph 10.2(c) above, duly executed by Buyer.
(d) Assumptions duly executed by Buyer of the obligations of Seller that accrue after Closing under any Other Agreements. (e) If applicable, a written assumption duly executed by Buyer of the loan documents with respect to Existing Notes. (f) If the Buyer is a corporation, a duly executed corporate resolution authorizing the execution of this Agreement and the purchase of the Property.

10.4 At Closing, Escrow Holder shall cause to be issued to Buyer a standard coverage (or ALTA extended, if elected pursuant to 9.1(g)) owner's form policy of title insurance effective as of the Closing, issued by the Title Company in the full amount of the Purchase Price, insuring title to the Property vested in Buyer, subject only to the exceptions approved by Buyer. In the event there is a Purchase Money Deed of Trust in this transaction, the policy of title insurance shall be a joint protection policy insuring both Buyer and Seller.

IMPORTANT: IN A PURCHASE OR EXCHANGE OF REAL PROPERTY, IT MAY BE ADVISABLE TO OBTAIN TITLE INSURANCE IN

CONNECTION WITH THE CLOSE OF ESCROW SINCE THERE MAY BE PRIOR RECORDED LIENS AND ENCUMBRANCES WHICH AFFECT YOUR INTEREST IN THE PROPERTY BEING ACQUIRED. A NEW POLICY OF TITLE INSURANCE SHOULD BE OBTAINED IN ORDER TO ENSURE YOUR INTEREST IN THE PROPERTY THAT YOU ARE ACQUIRING.

11. Prorations and Adjustments.

11.1 Taxes. Applicable real property taxes and special assessment bonds shall be prorated through Escrow as of the date of the Closing, based upon the latest tax bill available. The Parties agree to prorate as of the Closing any taxes assessed against the Property by PAGE 6 OF 11

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supplemental bill levied by reason of events occurring prior to the Closing. Payment of the prorated amount shall be made promptly in cash upon receipt of a copy of any supplemental bill.

11.2 Insurance. WARNING: Any insurance which Seller may have maintained will terminate on the Closing. Buyer is advised to obtain appropriate insurance to cover the Property.

11.3 Rentals, Interest and Expenses. Scheduled rentals, interest on Existing Notes, utilities, and operating expenses shall be prorated as of the date of Closing. The Parties agree to promptly adjust between themselves outside of Escrow any rents received after the Closing.

11.4 Security Deposit. Security Deposits held by Seller shall be given to Buyer as a credit to the cash required of Buyer at the Closing.

11.5 Post Closing Matters. Any item to be prorated that is not determined or determinable at the Closing shall be promptly adjusted by the Parties by appropriate cash payment outside of the Escrow when the amount due is determined.

11.6 Variations in Existing Note Balances. In the event that Buyer is purchasing the Property subject to an Existing Deed of Trust(s), and in the event that a Beneficiary Statement as to the applicable Existing Note(s) discloses that the unpaid principal balance of such Existing Note(s) at the closing will be more or less than the amount set forth in paragraph 3.1(c) hereof ("Existing Note Variation"), then the Purchase Money Note(s) shall be reduced or increased by an amount equal to such Existing Note Variation. If there is to be no Purchase Money Note, the cash required at the Closing per paragraph 3.1(a) shall be reduced or increased by the amount of such Existing Note Variation.

11.7 Variations in New Loan Balance. In the event Buyer is obtaining a New Loan and the amount ultimately obtained exceeds the amount set forth in paragraph 5.1, then the amount of the Purchase Money Note, if any, shall be reduced by the amount of such excess.

11.8 Owner's Association Fees. Escrow Holder shall: (i) bring Seller's account with the association current and pay any delinquencies or transfer fees from Seller's proceeds, and (ii) pay any up front fees required by the association from Buyer's funds.

12. Representations and Warranties of Seller and Disclaimers.

12.1 Seller's warranties and representations shall survive the Closing and delivery of the deed for a period of 3 years, and any lawsuit or action based upon them must be commenced within such time period. Seller's warranties and representations are true, material and relied upon by Buyer and Brokers in all respects. Seller hereby makes the following warranties and representations to Buyer and Brokers:
(a) Authority of Seller. Seller is the owner of the Property and/or has the full right, power and authority to sell, convey and transfer the Property to Buyer as provided herein, and to perform Seller's obligations hereunder. (b) Maintenance During Escrow and Equipment Condition At Closing. Except as otherwise provided in paragraph 9.1(n) hereof, Seller shall maintain the Property until the Closing in its present condition, ordinary wear and tear excepted. (c) Hazardous Substances/Storage Tanks. Seller has no knowledge, except as otherwise disclosed to Buyer in writing, of the existence or prior existence on the Property of any Hazardous Substance, nor of the existence or prior existence of any above or below ground storage tank.
(d) Compliance. Except as otherwise disclosed in writing, Seller has no knowledge of any aspect or condition of the Property which violates applicable laws, rules, regulations, codes or covenants, conditions or restrictions, or of improvements or alterations made to the Property without a permit where one was required, or of any unfulfilled order or directive of any applicable governmental agency or casualty insurance company requiring any investigation, remediation, repair, maintenance or improvement be performed on the Property. (e) Changes in Agreements. Prior to the Closing, Seller will not violate or modify any Existing Lease or Other Agreement, or create any new leases or other agreements affecting the Property, without Buyer's written approval, which approval will not be unreasonably withheld. (f) Possessory Rights. Seller has no knowledge that anyone will, at the Closing, have any right to possession of the Property, except as disclosed by this Agreement or otherwise in writing to Buyer. (g) Mechanics' Liens. There are no unsatisfied mechanics' or materialmens' lien rights concerning the Property. (h) Actions, Suits or Proceedings. Seller has no knowledge of any actions, suits or proceedings pending or threatened before any commission, board, bureau, agency, arbitrator, court or tribunal that would affect the Property or the right to occupy or utilize same. (i) Notice of Changes. Seller will promptly notify Buyer and Brokers in writing of any Material Change (see paragraph 9.1(o)) affecting the Property that becomes known to Seller prior to the Closing. (j) No Tenant Bankruptcy Proceedings. Seller has no notice or knowledge that any tenant of the Property is the subject of a bankruptcy or insolvency proceeding.
(k) No Seller Bankruptcy Proceedings. Seller is not the subject of a bankruptcy, insolvency or probate proceeding. (l) Personal Property. Seller has no knowledge that anyone will, at the Closing, have any right to possession of any personal property included in the Purchase Price nor knowledge of any liens or encumbrances affecting such personal property, except as disclosed by this Agreement or otherwise in writing to Buyer.

12.2 Buyer hereby acknowledges that, except as otherwise stated in this Agreement, Buyer is purchasing the Property in its existing condition and will, by the time called for herein, make or have waived all inspections of the Property Buyer believes are necessary to protect its own interest in, and its contemplated use of, the Property. The Parties acknowledge that, except as otherwise stated in this Agreement, no representations, inducements, promises, agreements, assurances, oral or written, concerning the Property, or any aspect of the occupational safety and health laws, Hazardous Substance laws, or any other act, ordinance or law, have been made by either Party or Brokers, or relied upon by either Party hereto.

12.3 In the event that Buyer learns that a Seller representation or warranty might be untrue prior to the Closing, and Buyer elects to purchase the Property anyway then, and in that event, Buyer waives any right that it may have to bring an action or proceeding against Seller or Brokers regarding said representation or warranty.

12.4 Any environmental reports, soils reports, surveys, feasibility studies, and other similar documents which were prepared by third party consultants and provided to Buyer by Seller or Seller's representatives, have been delivered as an accommodation to Buyer and without any representation or warranty as to the sufficiency, accuracy, completeness, and/or validity of said documents, all of which Buyer relies on at its own risk. Seller believes said documents to be accurate, but Buyer is advised to retain appropriate consultants to review said documents and investigate the Property.

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13. Possession.

Possession of the Property shall be given to Buyer at the Closing subject to the rights of tenants under Existing Leases.

14. Buyer's Entry.

At any time during the Escrow period, Buyer, and its agents and representatives, shall have the right at reasonable times and subject to rights of tenants, to enter upon the Property for the purpose of making inspections and tests specified in this Agreement. No destructive testing shall be conducted, however, without Seller's prior approval which shall not be unreasonably withheld. Following any such entry or work, unless otherwise directed in writing by Seller, Buyer shall return the Property to the condition it was in prior to such entry or work, including the recompaction or removal of any disrupted soil or material as Seller may reasonably direct. All such inspections and tests and any other work conducted or materials furnished with respect to the Property by or for Buyer shall be paid for by Buyer as and when due and Buyer shall indemnify, defend, protect and hold harmless Seller and the Property of and from any and all claims, liabilities, losses, expenses (including reasonable attorneys' fees), damages, including those for injury to person or property, arising out of or relating to any such work or materials or the acts or omissions of Buyer, its agents or employees in connection therewith.

15. Further Documents and Assurances.

The Parties shall each, diligently and in good faith, undertake all actions and procedures reasonably required to place the Escrow in condition for Closing as and when required by this Agreement. The Parties agree to provide all further information, and to execute and deliver all further documents, reasonably required by Escrow Holder or the Title Company.

16. Attorneys' Fees.

If any Party or Broker brings an action or proceeding (including arbitration) involving the Property whether founded in tort, contract or equity, or to declare rights hereunder, the Prevailing Party (as hereafter defined) in any such proceeding, action, or appeal thereon, shall be entitled to reasonable attorneys' fees and costs. Such fees may be awarded in the same suit or recovered in a separate suit, whether or not such action or proceeding is pursued to decision or judgment. The term "Prevailing Party" shall include, without limitation, a Party or Broker who substantially obtains or defeats the relief sought, as the case may be, whether by compromise, settlement, judgment, or the abandonment by the other Party or Broker of its claim or defense. The attorneys' fees award shall not be computed in accordance with any court fee schedule, but shall be such as to fully reimburse all attorneys' fees reasonably incurred.

17. Prior Agreements/Amendments.

17.1 This Agreement supersedes any and all prior agreements between Seller and Buyer regarding the Property.

17.2 Amendments to this Agreement are effective only if made in writing and executed by Buyer and Seller.

18. Broker's Rights.

18.1 If this sale is not consummated due to the default of either the Buyer or Seller, the defaulting Party shall be liable to and shall pay to Brokers the Brokerage Fee that Brokers would have received had the sale been consummated. If Buyer is the defaulting party, payment of said Brokerage Fee is in addition to any obligation with respect to liquidated or other damages.

18.2 Upon the Closing, Brokers are authorized to publicize the facts of this transaction.

19. Notices.

19.1 Whenever any Party, Escrow Holder or Brokers herein shall desire to give or serve any notice, demand, request, approval, disapproval or other communication, each such communication shall be in writing and shall be delivered personally, by messenger or by mail, postage prepaid, to the address set forth in this Agreement or by facsimile transmission, electronic signature, digital signature, or email.

19.2 Service of any such communication shall be deemed made on the date of actual receipt if personally delivered, or transmitted by facsimile transmission, electronic signature, digital signature, or email. Any such communication sent by regular mail shall be deemed given 48 hours after the same is mailed. Communications sent by United States Express Mail or overnight courier that guarantee next day delivery shall be deemed delivered 24 hours after delivery of the same to the Postal Service or courier. If such communication is received on a Saturday, Sunday or legal holiday, it shall be deemed received on the next business day.

19.3 Any Party or Broker hereto may from time to time, by notice in writing, designate a different address to which, or a different person or additional persons to whom, all communications are thereafter to be made.

20. Duration of Offer.

20.1 If this offer is not accepted by Seller on or before 5:00 P.M. according to the time standard applicable to the city of on the date of ,
it shall be deemed automatically revoked.

20.2 The acceptance of this offer, or of any subsequent counteroffer hereto, that creates an agreement between the Parties as described in paragraph 1.2, shall be deemed made upon delivery to the other Party or either Broker herein of a duly executed writing unconditionally accepting the last outstanding offer or counteroffer.

Buyer Initials Seller Initials
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Buyer Initials Seller Initials

23. Miscellaneous.

23.1 Binding Effect. Buyer and Seller both acknowledge that they have carefully read and reviewed this Agreement and each term and provision contained herein. In addition, this Agreement shall be binding on the Parties without regard to whether or not paragraphs 21 and 22 are initialed by both of the Parties. Paragraphs 21 and 22 are each incorporated into this Agreement only if initialed by both Parties at the time that the Agreement is executed. Signatures to this Agreement accomplished by means of electronic signature or similar technology shall be legal and binding.

23.2 Applicable Law. This Agreement shall be governed by, and paragraph 22.3 is amended to refer to, the laws of the state in which the Property is located. Any litigation or arbitration between the Parties hereto concerning this Agreement shall be initiated in the county in which the Property is located.

23.3 Time of Essence. Time is of the essence of this Agreement.

23.4 Counterparts. This Agreement may be executed by Buyer and Seller in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Escrow Holder, after verifying that the counterparts are identical except for the signatures, is authorized and instructed to combine the signed signature pages on one of the counterparts, which shall then constitute the Agreement.

23.6 Conflict. Any conflict between the printed provisions of this Agreement and the typewritten or handwritten provisions shall be controlled by the typewritten or handwritten provisions. Seller and Buyer must initial any and all handwritten provisions.

23.7 1031 Exchange. Both Seller and Buyer agree to cooperate with each other in the event that either or both wish to participate in a 1031 exchange. Any party initiating an exchange shall bear all costs of such exchange. The cooperating Party shall not have any liability (special or otherwise) for damages to the exchanging Party in the event that the sale is delayed and/or that the sale otherwise fails to qualify as a 1031 exchange.

23.8 Days. Unless otherwise specifically indicated to the contrary, the word "days" as used in this Agreement shall mean and refer to calendar days.

24. Disclosures Regarding The Nature of a Real Estate Agency Relationship.

24.1 The Parties and Brokers agree that their relationship(s) shall be governed by the principles set forth in the applicable sections of the California Civil Code, as summarized in paragraph 24.2.

24.2 When entering into a discussion with a real estate agent regarding a real estate transaction, a Buyer or Seller should from the outset understand what type of agency relationship or representation it has with the agent or agents in the transaction. Buyer and Seller acknowledge being advised by the Brokers in this transaction, as follows:
(a) Seller's Agent. A Seller's agent under a listing agreement with the Seller acts as the agent for the Seller only. A Seller's agent or subagent has the following affirmative obligations: (1) To the Seller: A fiduciary duty of utmost care, integrity, honesty, and loyalty in dealings with the Seller. (2) To the Buyer and the Seller: a. Diligent exercise of reasonable skills and care in performance of the agent's duties. b. A duty of honest and fair dealing and good faith. c. A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the Parties. An agent is not obligated to reveal to either Party any confidential information obtained from the other Party which does not involve the affirmative duties set forth above.

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(b) Buyer's Agent. A selling agent can, with a Buyer's consent, agree to act as agent for the Buyer only. In these situations, the agent is not the Seller's agent, even if by agreement the agent may receive compensation for services rendered, either in full or in part from the Seller. An agent acting only for a Buyer has the following affirmative obligations. (1) To the Buyer: A fiduciary duty of utmost care, integrity, honesty, and loyalty in dealings with the Buyer. (2) To the Buyer and the Seller: a. Diligent exercise of reasonable skills and care in performance of the agent's duties. b. A duty of honest and fair dealing and good faith. c. A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the Parties. An agent is not obligated to reveal to either Party any confidential information obtained from the other Party which does not involve the affirmative duties set forth above. (c) Agent Representing Both Seller and Buyer. A real estate agent, either acting directly or through one or more associate licenses, can legally be the agent of both the Seller and the Buyer in a transaction, but only with the knowledge and consent of both the Seller and the Buyer. (1) In a dual agency situation, the agent has the following affirmative obligations to both the Seller and the Buyer: a. A fiduciary duty of utmost care, integrity, honesty and loyalty in the dealings with either Seller or the Buyer. b. Other duties to the Seller and the Buyer as stated above in their respective sections (a) or (b) of this paragraph 24.2. (2) In representing both Seller and Buyer, the agent may not, without the express permission of the respective Party, disclose to the other Party confidential information, including, but not limited to, facts relating to either Buyer's or Seller's financial position, motivations, bargaining position, or other personal information that may impact price, including Seller's willingness to accept a price less than the listing price or Buyer's willingness to pay a price greater than the price offered. (3) The above duties of the agent in a real estate transaction do not relieve a Seller or Buyer from the responsibility to protect their own interests. Buyer and Seller should carefully read all agreements to assure that they adequately express their understanding of the transaction. A real estate agent is a person qualified to advise about real estate. If legal advice is desired, consult a competent professional. Buyer has the duty to exercise reasonably care to protect Buyer, including as to those facts about the Property which are known to Buyer or within Buyer's diligent attention and observation. Both Seller and Buyer should strongly consider obtaining tax advice from a competent professional because the federal and state tax consequences of a transaction can be complex and subject to change.
(d) Further Disclosures. Throughout this transaction Buyer and Seller may receive more than one disclosure, depending upon the number of agents assisting in the transaction. Buyer and Seller should each read its contents each time it is presented, considering the relationship between them and the real estate agent in this transaction and that disclosure. Buyer and Seller each acknowledge receipt of a disclosure of the possibility of multiple representation by the Broker representing that principal. This disclosure may be part of a listing agreement, buyer representation agreement or separate document. Buyer understands that Broker representing Buyer may also represent other potential buyers, who may consider, make offers on or ultimately acquire the Property. Seller understands that Broker representing Seller may also represent other sellers with competing properties that may be of interest to this Buyer. Brokers have no responsibility with respect to any default or breach hereof by either Party. The Parties agree that no lawsuit or other legal proceeding involving any breach of duty, error or omission relating to this transaction may be brought against Broker more than one year after the Date of Agreement and that the liability (including court costs and attorneys' fees), of any Broker with respect to any breach of duty, error or omission relating to this Agreement shall not exceed the fee received by such Broker pursuant to this Agreement; provided, however, that the foregoing limitation on each Broker's liability shall not be applicable to any gross negligence or willful misconduct of such Broker.

24.3 Confidential Information: Buyer and Seller agree to identify to Brokers as "Confidential" any communication or information given Brokers that is considered by such Party to be confidential.

25. Construction of Agreement. In construing this Agreement, all headings and titles are for the convenience of the Parties only and shall not be considered a part of this Agreement. Whenever required by the context, the singular shall include the plural and vice versa. This Agreement shall not be construed as if prepared by one of the Parties, but rather according to its fair meaning as a whole, as if both Parties had prepared it.

26. Additional Provisions:

Additional provisions of this offer, if any, are as follows or are attached hereto by an addendum or addenda consisting of paragraphs through . (If there are no additional provisions write "NONE".) ATTENTION: NO REPRESENTATION OR RECOMMENDATION IS MADE BY THE AIR CRE OR BY ANY BROKER AS TO THE LEGAL SUFFICIENCY, LEGAL EFFECT, OR TAX CONSEQUENCES OF THIS AGREEMENT OR THE TRANSACTION TO WHICH IT RELATES. THE PARTIES ARE URGED TO:

1. SEEK ADVICE OF COUNSEL AS TO THE LEGAL AND TAX CONSEQUENCES OF THIS AGREEMENT.

2. RETAIN APPROPRIATE CONSULTANTS TO REVIEW AND INVESTIGATE THE CONDITION OF THE PROPERTY. SAID INVESTIGATION SHOULD INCLUDE BUT NOT BE LIMITED TO: THE POSSIBLE PRESENCE OF HAZARDOUS SUBSTANCES, THE

ZONING OF THE PROPERTY, THE INTEGRITY AND CONDITION OF ANY STRUCTURES AND OPERATING SYSTEMS, AND THE SUITABILITY OF THE PROPERTY FOR BUYER'S INTENDED USE.

WARNING: IF THE PROPERTY IS LOCATED IN A STATE OTHER THAN CALIFORNIA, CERTAIN PROVISIONS OF THIS AGREEMENT MAY NEED TO BE REVISED TO COMPLY WITH THE LAWS OF THE STATE IN WHICH THE PROPERTY IS LOCATED.

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NOTE:

1. THIS FORM IS NOT FOR USE IN CONNECTION WITH THE SALE OF RESIDENTIAL PROPERTY.

2. IF EITHER PARTY IS A CORPORATION, IT IS RECOMMENDED THAT THIS AGREEMENT BE SIGNED BY TWO CORPORATE OFFICERS.

The undersigned Buyer offers and agrees to buy the Property on the terms and conditions stated and acknowledges receipt of a copy hereof.

Date:

BROKER BUYER
Att: By:

Name Printed:Title:

Address: Title:

Phone:

Phone: Fax:

Fax: Email:

Email:

By:Federal ID No.:

Name Printed:Broker DRE License #:

Title:Agent DRE License #:

Phone:

Fax:

Email:

Address:

Federal ID No.:

Acceptance.27.

27.1 Seller accepts the foregoing offer to purchase the Property and hereby agrees to sell the Property to Buyer on the terms and conditions therein specified.

27.2 In consideration of real estate brokerage service rendered by Brokers, Seller agrees to pay Brokers a real estate Brokerage Fee in a sum equal to % of the Purchase Price to be divided between the Brokers as follows: Seller’s Broker % and Buyer’s Broker %. This Agreement shall serve as an irrevocable instruction to Escrow Holder to pay such Brokerage Fee to Brokers out of the proceeds accruing to the account of Seller at the Closing.

27.3 Seller acknowledges receipt of a copy hereof and authorizes Brokers to deliver a signed copy to Buyer.

NOTE: A PROPERTY INFORMATION SHEET IS REQUIRED TO BE DELIVERED TO BUYER BY SELLER UNDER THIS AGREEMENT.

Date:

SELLERBROKER
Att: By:

Title: Name Printed:

Address: Title:

Phone:

Phone: Fax:

Fax: Email:

Email:

Federal ID No.: By:

Name Printed:Broker DRE License #:

Agent's DRE License #: Title:

Phone:

Fax:

Email:

Address:

Federal ID No.:

AIR CRE * https://www.aircre.com * 213-687-8777 * [email protected] NOTICE: No part of the works may be reproduced in any form without permission in writing.

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© 2019 AIR CRE. All Rights Reserved. OFAL-15.20, Revised 10-22-2020 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com Lee & Associates Inland Empire North, Inc.

Joseph V. Hisquierdo
Sales & Leasing Agent
14369 Park Avenue Suite 200
Victorville, CA 92392
(760)241-5211
(760)241-1208
[email protected]
01328146
02023190
The City of Victorville, California
Keith C. Metzler
City Manager

6.000 3.000

3.000
MGR Real Estate, Inc.

Paul A. Tan
Senior Commercial Associate
15428 Civic Drive Suite 100
Victorville, CA 92392
(760)912-3534
[email protected]
01841921
01751292
MUSTAFA FAMILY LIVING TRUST Dated 09-26-1994

0.26 Acres Par

DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP
(As required by the Civil Code)
When you enter into a discussion with a real estate agent regarding a real estate transaction, you should from the outset understand what type of agency relationship or representation you wish to have with the agent in the transaction.

SELLER'S AGENT
A Seller's agent under a listing agreement with the Seller acts as the agent for the Seller only. A Seller's agent or a subagent of that agent has the following affirmative obligations:

To the Seller: A fiduciary duty of utmost care, integrity, honesty and loyalty in dealings with the Seller.

To the Buyer and the Seller:
(a) Diligent exercise of reasonable skill and care in performance of the agent's duties. (b) A duty of honest and fair dealing and good faith.
(c) A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the parties.

An agent is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties set forth above.

BUYER'S AGENT
A Buyer's agent can, with a Buyer's consent, agree to act as agent for the Buyer only. In these situations, the agent is not the Seller's agent, even if by agreement the agent may receive compensation for services rendered, either in full or in part from the Seller. An agent acting only for a Buyer has the following affirmative obligations:

To the Buyer: A fiduciary duty of utmost care, integrity, honesty and loyalty in dealings with the Buyer.

To the Buyer and the Seller:
(a) Diligent exercise of reasonable skill and care in performance of the agent's duties. (b) A duty of honest and fair dealing and good faith.
(c) A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the parties.

An agent is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties set forth above.

AGENT REPRESENTING BOTH SELLER AND BUYER
A real estate agent, either acting directly or through one or more salesperson and broker associates, can legally be the agent of both the Seller and the Buyer in a transaction, but only with the knowledge and consent of both the Seller and the Buyer.

In a dual agency situation, the agent has the following affirmative obligations to both the Seller and the Buyer:
(a) A fiduciary duty of utmost care, integrity, honesty and loyalty in the dealings with either the Seller of the Buyer. (b) Other duties to the Seller and the Buyer as stated above in their respective sections.

In representing both Seller and Buyer, a dual agent may not, without the permission of the respective party, disclose to the other party confidential information, including, but not limited to, facts relating to either the Buyer's or Seller's financial position, motivations, bargaining position, or other personal information that may impact price, including the Seller's willingness to accept a price less than the listing price or the Buyer's willingness to pay a price greater than the price offered.

SELLER AND BUYER RESPONSIBILITIES
Either the purchase agreement or a separate document will contain a confirmation of which agent is representing you and whether that agent is representing you exclusively in the transaction or acting as a dual agent. Please pay attention to that confirmation to make sure it accurately reflects your understanding of your agent's role. The above duties of the agent in a real estate transaction do not relieve a Seller or Buyer from the responsibility to protect his or her own interests. You should carefully read all agreements to assure that they adequately express your understanding of the transaction. A real estate agent is a person qualified to advise about real estate. If legal or tax advice is desired, consult a competent professional. If you are a Buyer, you have the duty to exercise reasonable care to protect yourself, including as to those facts about the property which are known to you or within your diligent attention and observation. Both Sellers and Buyers should strongly consider obtaining tax advice from a competent professional because the federal and state tax consequences of a transaction can be complex and subject to change.

Throughout your real property transaction you may receive more than one disclosure form, depending upon the number of agents assisting in the transaction. The law requires each agent with whom you have more than a casual relationship to present you with this disclosure form. You should read its contents each time it is presented to you, considering the relationship between you and the real estate agent in your specific transaction. This disclosure form includes the provisions of Sections 2079.13 to 2079.24, inclusive, of the Civil Code set forth on page 2. Read it carefully. I/WE

ACKNOWLEDGE RECEIPT OF A COPY OF THIS DISCLOSURE AND THE PORTIONS OF THE CIVIL CODE PRINTED ON THE BACK (OR A SEPARATE PAGE).

Buyer Seller Lessor Lessee Date:

Buyer Seller Lessor Lessee Date:

Agent DRE Lic. #
Real Estate Broker (Firm)
By: DRE Lic. # Date:
(Salesperson or Broker-Associate)
THIS FORM HAS BEEN PREPARED BY AIR CRE. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF THIS FORM FOR ANY SPECIFIC TRANSACTION. PLEASE SEEK LEGAL COUNSEL AS TO THE APPROPRIATENESS OF THIS FORM.

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© 2019 AIR CRE. All Rights Reserved. AD-3.01, Revised 10-22-2020 Phone: Fax:

Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com X
The City of Victorville, CA
Lee & Associates Linland Empire North 01328146
Joseph V. Hisquierdo
02023190
Lee & Associates 14369 Park Ave. Victorville, CA 92392 7602415211 224 7602411208 0.26 Acres Par Joseph Hisquierdo

DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP
CIVIL CODE SECTIONS 2079.13 THROUGH 2079.24 (2079.16 APPEARS ON THE FRONT) 2079.13. As used in Sections 2079.7 and 2079.14 to 2079.24, inclusive, the following terms have the following meanings:
(a) "Agent" means a person acting under provisions of Title 9 (commencing with Section 2295) in a real property transaction, and. includes a person who is licensed as a real estate broker under Chapter 3 (commencing with Section 10130) of Part 1 of Division 4 of the Business and Professions Code, and under whose license a listing is executed or an offer to purchase is obtained. The agent in the real property transaction bears responsibility for that agent's salespersons or broker associates who perform as agents of the agent. When a salesperson or broker associate owes a duty to any principal, or to any buyer or seller who is not a principal, in a real property transaction, that duty is equivalent to the duty owed to that party by the broker for whom the salesperson or broker associate functions. (b) "Buyer" means a transferee in a real property transaction, and includes a person who executes an offer to purchase real property from a seller through an agent, or who seeks the services of an agent in more than a casual, transitory, or preliminary manner, with the object of entering into a real property transaction. "Buyer" includes vendee or lessee of real property. (c) "Commercial real property" means all real property in the state, except (1) single-family residential real property, (2) dwelling units made subject to Chapter 2 (commencing with Section 1940) of Title 5, (3) a mobilehome, as defined in Section 798.3, (4) vacant land, or (5) a recreational vehicle, as defined in Section 799.29. (d) "Dual agent" means an agent acting, either ·directly or through a salesperson or broker associate, as agent for both the seller and the buyer in a real property transaction. (e) "Listing agreement" means a written contract between a seller of real property and an agent, by which the agent has been authorized to sell the real property or to find or obtain a buyer, including rendering other services for which a real estate license is required to the seller pursuant to the terms of the agreement. (f) "Seller's agent" means a person who has obtained a listing of real property to act as an agent for compensation. (g) "Listing price" is the amount expressed in dollars specified in the listing for which the seller is willing to sell the real property through the seller's agent. (h) "Offering price" is the amount expressed in dollars specified in an offer to purchase for which the buyer is willing to buy the real property. (i) "Offer to purchase" means a written contract executed by a buyer acting through a buyer's agent that becomes the contract for the sale of the real property upon acceptance by the seller. (j) "Real property" means any estate specified by subdivision (1) or (2) of Section.761 in property, and includes (1) single-family residential property, (2) multiunit residential property with more than four dwelling units, (31 commercial real property, (4) vacant land, (5) a ground lease coupled with improvements, or (6) a manufactured home as defined in Section 18007 of the Health and Safety Code, or a mobilehome as defined in Section 18008 of the Health and Safety Code, when offered for sale or sold through an agent pursuant to the authority contained in Section 10131.6 of the Business and Professions Code. (k) "Real property transaction" means a transaction for the sale of real property in which an agent is retained by a buyer, seller, or both a buyer and seller to act in that transaction, and includes a listing or an offer to purchase. (I) "Sell," "sale," or "sold" refers to a transaction for the transfer of real property from the seller to the buyer and includes exchanges of real property between the seller and buyer, transactions for the creation of a real property sales contract within the meaning of Section 2985, and transactions for the creation of a leasehold exceeding one year's duration. (m) "Seller" means the transferor in a real property transaction and includes an owner who lists real property with an agent, whether "Seller" means the transferor in a real property transaction and includes an owner is the owner from an agent on behalf of another. "Seller" includes both a vendor and a lessor of real property. (n) "Buyer's agent" means an agent who represents a buyer in a real property transaction.
2079.14. A seller's agent and buyer's agent shall provide the seller and buyer in a real property transaction with a copy of the disclosure form specified in Section 2079.16, and shall obtain a signed acknowledgment of receipt from that seller and buyer, except as provided in Section 2079.15, as follows:
(a) The seller's agent, if any, shall provide the disclosure form to the seller prior to entering into the listing agreement. (b) The buyer's agent shall provide the disclosure form to the buyer as soon as practicable prior to execution of the buyer's offer to purchase. If the offer to purchase is not prepared by the buyer's agent, the buyer's agent shall present the disclosure form to the buyer not later than the next business day after receiving the offer to purchase from the buyer.
2079.15. In any circumstance in which the seller or buyer refuses to sign an acknowledgement of receipt pursuant to Section 2079.14, the agent shall set forth, sign, and date a written declaration of the facts of the refusal. 2079.16 Reproduced on Page 1 of this AD form.
2079.17(a) As soon as practicable, the buyer's agent shall disclose to the buyer and seller whether the agent is acting in the real property transaction as the buyer's agent, or as a dual agent representing both the buyer and the seller. This relationship shall be confirmed in the contract to purchase and sell real property or in a separate writing executed or acknowledged by the seller, the buyer, and the buyer's agent prior to or coincident with execution of that contract by the buyer and the seller, respectively. (b) As soon as practicable, the seller's agent shall disclose to the seller whether the seller's agent is acting in the real property transaction as the seller's agent, or as a dual agent representing both the buyer and seller. This relationship shall be confirmed in the contract to purchase and sell real property or in a separate writing executed or acknowledged by the seller and the seller's agent prior to or coincident with the execution of that contract by the seller. (C) CONFIRMATION: The following agency relationships are confirmed for this transaction.

DO NOT COMPLETE, SAMPLE ONLYSeller's Brokerage Firm License Number Is the broker of (check one): the seller; or both the buyer and seller. (dual agent) DO NOT COMPLETE, SAMPLE ONLYSeller's Agent License Number the Seller's Agent. (salesperson or broker associate); or both the Buyer's Agent and the Seller's Agent. (dual agent)Is (check one):

DO NOT COMPLETE, SAMPLE ONLYBuyer's Brokerage Firm License Number Is the broker of (check one): the buyer; or both the buyer and seller. (dual agent) DO NOT COMPLETE, SAMPLE ONLYBuyer's Agent License Number the Buyer's Agent. (salesperson or broker associate); or both the Buyer's Agent and the Seller's Agent. (dual agent)Is (check one):
(d) The disclosures and confirmation required by this section shall be in addition to the disclosure required by Section 2079.14. An agent's duty to provide disclosure and confirmation of representation in this section may be performed by a real estate salesperson or broker associate affiliated with that broker.
2079.18 (Repealed pursuant to AB-1289, 2017-18 California Legislative session) PAGE 2 OF 3

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2079.19 The payment of compensation or the obligation to pay compensation to an agent by the seller or buyer is not necessarily determinative of a particular agency relationship between an agent and the seller or buyer. A listing agent and a selling agent may agree to share any compensation or commission paid, or any right to any compensation or commission for which an obligation arises as the result of a real estate transaction, and the terms of any such agreement shall not necessarily be determinative of a particular relationship. 2079.20 Nothing in this article prevents an agent from selecting, as a condition of the agent's employment, a specific form of agency relationship not specifically prohibited by this article if the requirements of Section 2079.14 and Section 2079.17 are complied with. 2079.21 (a) A dual agent may not, without the express permission of the seller, disclose to the buyer any confidential information obtained from the seller. (b) A dual agent may not, without the express permission of the buyer, disclose to the seller any confidential information obtained from the buyer. (c) "Confidential information" means facts relating to the client's financial position, motivations, bargaining position, or other personal information that may impact price, such as the seller is willing to accept a price less than the listing price or the buyer is willing to pay a price greater than the price offered. (d) This section does not alter in any way the duty or responsibility of a dual agent to any principal with respect to confidential information other than price.
2079.22 Nothing in this article precludes a seller's agent from also being a buyer's agent. If a seller or buyer in a transaction chooses to not be represented by an agent, that does not, of itself, make that agent a dual agent. 2079.23 (a) A contract between the principal and agent may be modified or altered to change the agency relationship at any time before the performance of the act which is the object of the agency with the written consent of the parties to the agency relationship. (b) A lender or an auction company retained by a lender to control aspects of a transaction of real property subject to this part, including validating the sales price, shall not require, as a condition of receiving the lender's approval of the transaction, the homeowner or listing agent to defend or indemnify the lender or auction company from any liability alleged to result from the actions of the lender or auction company. Any clause, provision, covenant, or agreement purporting to impose an obligation to defend or indemnify a lender or an auction company in violation of this subdivision is against public policy, void, and unenforceable.
2079.24 Nothing in this article shall be construed to either diminish the duty of disclosure owed buyers and sellers by agents and their associate licensees, subagents, and employees or to relieve agents and their associate licensees, subagents, and employees from liability for their conduct in connection with acts governed by this article or for any breach of a fiduciary duty or a duty of disclosure.

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INITIALS INITIALS
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Item Number: 20
City Council / Board of Directors
Written Communication(s)
Meeting of: April 5, 2022
Submitted By:

Brian Gengler, City Engineer

Subject:

Wellness Center - Agreement with Urban Bloc
Recommendation:

That the Honorable City Council approve a Services Provider Agreement with Urban Bloc, Inc., for modular bathrooms for the Victorville Wellness Center in an amount not to exceed $1,200,021.00 and authorize the City Attorney to make non-substantive revisions to the agreement.

Fiscal Impact:

This action will result in a fiscal impact of $1,200,021.00. An additional appropriation is not required. Funds for these services were budgeted with the Victorville Wellness Center Project. There are sufficient funds available in the budget to cover the capital expenses of this agreement. Please refer to the budget account number, funding source and budget amount shown below.

Account Funding Source Amount
2700011-52300-97063 Homekey Grant $28,004,058.00
Background:

On January 18, 2022, City Council approved an additional appropriation of Homekey Round 2 funds, in the amount of $28,004,058.00 and increased the not to exceed amount of the agreement with CMC Architects and Engineers to $814,172.80 for the design of the Wellness Center Project. On March 15, 2022, City Council approved a Consultant/Professional Services Provider Agreement for the Wellness Center Project construction management with Pacifica Services, Inc., in an amount not to exceed $2,373,601.00. On March 15, 2022, a Phase 1 construction contract was awarded to Angeles Contractors, Inc. in the amount $4,827,947.76.
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Discussion:

The Wellness Center Project will include a non-congregate design of 46 modular housing buildings with 110 separate units allowing a minimum capacity of 170 beds. In-suite bathrooms will be provided within 14 of the 46 shelter modulars. The remaining shelter units that do not have in-suite bathrooms will be situated around a total of five communal modular bathroom buildings. Refer to the Site Plan within Attachment B for a visual of the building layouts.

Staff evaluated modular manufacturers to select durable products that would be suitable for the high foot traffic of the Wellness Center. Urban Bloc is a commercial modular manufacturer and dealer. Their products include modular bathrooms which include toilets, sinks and showers. The proprietary building system utilized is compliant with California codes for commercial modular units. Urban Bloc units were selected by staff due to their durable and modular design. Urban Bloc’s modular bathrooms have been utilized in a variety of high foot traffic locations, including an interim housing facility for the homeless in Mountain View, CA, which was primarily funded by a Homekey Round 1 grant.

Staff has identified Urban Bloc as a sole source. These five matching modular bathroom units are currently available from once source at this time. The justification for utilizing Urban Bloc as a sole source includes the following:
The vendor can meet the manufacturing deadline to meet the completion of construction deadline for the Wellness Center Project;
The vendor has pre-permits with California Housing and Community Development (HCD) which will expedite the required approval by HCD; and The modular bathroom units meet the design and function needed within the Wellness Center campus.

To meet the construction completion date established by the State, it is critical that the modular bathroom manufacturing process be started as soon as possible. The manufacturing time is currently estimated to be six months, which will enable the City to meet the completion of construction deadline, which is December 15, 2022.

Urban Bloc submitted a scope of work and pricing for the modular bathroom units which have been reviewed by City staff and CMC Architects and Engineers. Some sections of the City’s Standard Service Provider Agreement have been revised based on comments from staff, the City Attorney’s office and Urban Bloc. The agreement has been reviewed by staff, the Deputy City Attorney and Urban Bloc’s legal counsel, and is in final form.

Staff recommends that the Honorable City Council approve the Services Provider Agreement with Urban Bloc, Inc., for five modular bathrooms for the Victorville Wellness Center in an amount not to exceed $1,200,021.00.

Staff remains available for any questions the Board or Council may have. 2 5
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Attachments: A. Services Provider Agreement with Urban Bloc B. Graphics (Vicinity Map, Site Plan, Floor Plan, Building Elevations, and Urban Bloc Brochure)

ATTACHMENT A
Services Provider Agreement with Urban Bloc

1 General Services Provider Standard Agreement/URBANBLOC /PROJ. NO. ESC22-109 (03.30.22)

GENERAL SERVICES PROVIDER STANDARD AGREEMENT

BY AND BETWEEN

THE CITY OF VICTORVILLE
AND
URBANBLOC INC.

FOR

FURNISH AND DELIVER BATHROOM MODULAR BUILDINGS
PROJECT NUMBER #ESC22-109

THIS GENERAL SERVICES PROVIDER STANDARD AGREEMENT dated April 5, 2022 for reference purposes only (hereinafter the “ Agreement”), is made and entered into by and between the City of Victorville, a municipal corporation and charter city located in the County of San Bernardino, State of California, hereinafter referred to as the “City”, and URBANBLOC INC., a California corporation and a COMMERCIAL MODULAR MANUFACTURER, hereinafter referred to as “Service Provider.” City and Service Provider are sometimes hereinafter referred to individually as a “Party” and collectively referred to as the “Parties.”

RECITALS:

WHEREAS, the City requires BATHROOM AND SHOWER MODULES manufactured by Service Provider for use in the City’s Wellness Center project, which project will provide interim housing and related services to the City’s unhoused population (the “Project”); and

WHEREAS, Service Provider is regularly engaged in the business of the off -site manufacture and fabrication of BATHROOM AND SHOWER MODULES, and by virtue of its experience is qualified to provide the modules required by the City; and

WHEREAS, in light of the facts set forth above, the City desires to retain the services of Service Provider to provide, on an independent contractor basis, FIVE PERMITTED, FACTORY- BUILT BATHROOM/SHOWER MODULES FOR THE WELLNESS CENTER PROJECT; and

NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS, AND

PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE

CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS:

Section 1. RECITALS

The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth fully herein.

Section 2. SCOPE OF SERVICES Provide five CA State -permitted bathroom shower modules that meet specifications required for the Project

Service Provider 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, subject to the provisions of Section 31 of this Agreement.

2 General Services Provider Standard Agreement/URBANBLOC /PROJ. NO. ESC22-109 (03.30.22)

Section 3. COMPENSATION

The City shall pay a total amount not to exceed ONE MILLION, TWO HUNDRED THOUSAND TWENTY ONE DOLLARS ($1,200,021.00) for the services rendered by Service Provider pursuant to this Agreement, subject to the provisions of Section 4 and Section 31 of this Agreement.

Section 4. FEE SCHEDULE

The City shall pay Service Provider as provided in the Fee Schedule, attached hereto as Exhibit “A” and incorporated as part of this Agreement by this reference, subject to the provisions of Sections 4 and 31 of this Agreement. The provisions of Exhibit “A” notwithstanding, in order to receive payments, Service Provider shall be required to submit to City monthly invoices detailing all services performed. Provided that services have been satisfactorily rendered, invoices shall be paid by the City approximately thirty (30) working days following receipt of Service Provider’s invoice.

Section 5. HOMEKEY PROGRAM REQUIREMENTS.

a. Service Provider has been advised and acknowledges that the Project is being funded with Homekey Program Round 2 Grant Funding (the “Program”).

b. In the performance of this Agreement, Service Provider agrees to comply with all applicable requirements of said Program, including, but not limited to, the following:

(1) Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the U.S. Department of the Treasury’s Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this Agreement. Title VI also includes protection to persons with “Limited English Proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the U.S.

Department of the Treasury’s Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this Agreement.

(2) The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.); Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794); the Age Discrimination Act of 1975, as amended (42 U.S.C. § 6101 et seq .); and Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. § 12101 et seq.).

(3) State of California Prevailing Wage Law requirements (Labor Code §§ 1720 - 1861 and the regulations in Title 8 of the California Code of Regulations (8 CCR §16000 et seq.) to the extent deemed applicable.

(4) During the performance of this Agreement, Service Provider and any of its subcontractors shall not deny the Agreement’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color,

3 General Services Provider Standard Agreement/URBANBLOC /PROJ. NO. ESC22-109 (03.30.22)

national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Service Provider shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Service Provider and its subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the California Department of Housing and Community Development (the awarding State agency) to implement such article. Service Provider shall permit access by representatives of the Department of Fair Employment and Housing and the awarding State agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.).

(5) Service Provider shall comply with all applicable provisions of 2 CFR Part 200, including Appendix II of 2 CFR Part 200 (subdivisions (A) through (L) inclusive, which are incorporated herein by this reference). Service Provider shall not be not debarred, suspended, or otherwise on the excluded list of vendors located at www.sam.gov .

(6) It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code.

Section 6. TERM OF AGREEMENT

This Agreement shall be for an initial term of approximately 8 MONTHS, commencing on April 6, 2022 (the “ Commencement Date”) and expiring on December 15, 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.

Section 7. INDEPENDENT CONTRACTOR STATUS

Service Provider shall at all times during the Initial Term of this Agreement, and (if applicable during any Option Periods), perform the services described in this Agreement as an independent contractor.

Section 8. REPRESENTATIONS AND ACKNOWLEDGMENTS
REGARDING INDEPENDENT CONTRACTOR’S STATUS OF

SERVICE PROVIDER

a. Service Provider represents and acknowledges the following:

4 General Services Provider Standard Agreement/URBANBLOC /PROJ. NO. ESC22-109 (03.30.22)

(1) The City is not required to provide any training or legal counsel to Service Provider or its employees in order for Service Provider to perform the services described in this Agreement.
(2) Performance of the services described in this Agreement do not have to be integrated into the daily business operations of the 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 maintain any contractual relationship with Service Provider 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 t o any person employed by Service Provider to perform the services described in this Agreement.

(6) Service Provider shall not at any time or in any manner represent that it or any of its officers, employees, or agents are employees of the City.

b. The City represents and acknowledges the following:

(1) Service Provider is solely responsible for determining who, under the supervision or direction of Service Provider, will perform the services set forth in this Agreement.

(2) The City will not hire, supervise, or pay any employees or assistants working for Service Provider pursuant to this Agreement. Nothing contained in this Agreement shall prevent the City from hiring Service Provider’s employees or assistants after termination of this Agreement.

(3) Nothing in this Agreement shall be interpreted to imply that Service Provider must maintain any contractual relationship with the City on a continuing basis after termination of this Agreement.

(4) It is the sole responsibility of Service Provider t o set the hours in which Service Provider performs or plans to perform the services set forth in this Agreement.

(5) Service Provider 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) Service Provider is not required to perform the services set forth in this Agreement at City Hall or on City-owned property.

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

5 General Services Provider Standard Agreement/URBANBLOC /PROJ. NO. ESC22-109 (03.30.22)

Section 9. NOT AGENT OF THE CITY

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

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

Section 10. LICENSES AND PERMITS

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

Section 11. WARRANTY

Service Provider agrees to perform all services required by this Agreement in a workmanlike competent and satisfactory manner in accordance with the standards prevalent in the industry for such services.

Section 12. FAMILIARITY WITH WORK

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

Section 13. CONFLICTS OF INTEREST

Service Provider covenants that it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the performance of Service Provider’s services under this Agreement. Service Provider further covenants that in the performance of services under this Agreement, no officer, employee or agent of Service Provider having such an interest shall be employed by it. In the event the City determines that Service Provider must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Service Provider shall file such Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the City Clerk.

Section 14. COMPLIANCE WITH LAWS

Service Provider shall comply with all local, state, and federal laws and regulations applicable to the services to be rendered hereunder, including any rule, regulation, or bylaw governing the conduct or performance of Service Provider or its employees, officers, or board members.

6 General Services Provider Standard Agreement/URBANBLOC /PROJ. NO. ESC22-109 (03.30.22)

Section 15. COMMERCIAL GENERAL AND

AUTOMOBILE LIABILITY INSURANCE

a. Service Provider shall procure and maintain at its own expense, during the initial Term of this Agreement, and (if applicable, during any Option Periods), commercial general liability insurance, of not less than One Million Dollars ($1,000,000) per occurrence, and Tw o Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or damage resulting from the wrongful or negligent acts by Service Provider or its officers, employees, servants, volunteers, and agents and independent contractors.

b. Service Provider shall further procure and maintain, at its own expense, during the initial Term of this Agreement, and (if applicable, during any Option Periods) commercial vehicle liability insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) combined single limit, covering any vehicle utilized by Service Provider or its officers, employees, servants, volunteers, agents and independent contractors in performing the services required by this Agreement.

Section 16. WORKERS' COMPENSATION INSURANCE

a. Service Provider shall procure and maintain at its own expense, during the initial Term of this Agreement, and (if applicable, during any Option Periods), workers' compensation insurance, providing coverage as required by the California State Workers' Compensation Law.

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

Section 17. RESERVED

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 policy, shall be endorsed to name the City and its officers, employees, servants, volunteers, agents and independent contractors, including, without limitation, the City Attorney, as Additional Insureds.

Section 19. WAIVER OF SUBROGATION RIGHTS

Service Provider shall require the carriers of all required insurance policies to waive all rights of subrogation against the 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. Service Provider shall secure from a good and responsible company or companies authorized to transact insurance business in the State of California, the policies of insurance

7 General Services Provider Standard Agreement/URBANBLOC /PROJ. NO. ESC22-109 (03.30.22)

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 terminated or expire without first providing thirty (30) days written notice to the City of such termination or expiration.

d. Each policy and certificate of insurance shall be endorsed to provide that the policy will be maintained throughout the Initial Term, and (if applicable during any Option Periods) of this Agreement.

e. The commercial general liability and vehicle liability policies shall be endorsed to contain the following provision: “For any claims related to this Agreement, Service Provider’s coverage shall be primary with respect to the City. Any insurance maintained by the City shall be in excess of Service Provider’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 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. Service Provider shall defend, indemnify, and hold harmless the City, its officers, employees, representatives, and agents, from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys’ fees, for any personal injuries, deaths, or property damage (including property owned by the City), which may arise out of Service Provider's negligence or willful misconduct in the performance of the services

8 General Services Provider Standard Agreement/URBANBLOC /PROJ. NO. ESC22-109 (03.30.22)

described in this Agreement, unless such losses or damages are proven to be caused by the City's own negligence or willful misconduct, or that of its officers or employees.

b. The City does not and shall not waive any rights that it may have against Service Provider 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 shall apply regardless of whether said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense described herein.

Section 24. REPORTS

Upon request by Brian Gengler, City Engineer, or his designee, Service Provider shall prepare and submit reports to the City concerning Service Provider's performance of the services required by this Agreement.

Section 25. RECORDS

a. Service Provider shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable Brian Gengler, City Engineer , or his designee, to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles.

b. Brian Gengler, City Engineer, or his designee; the State Department of Housing and Community Development, the State Department of General Services, the Bureau of State Audits, and any duly authorized federal entities as set forth in 2 CFR section 200.337, or their designated representatives, shall have full and free access to such books and records during normal business hours, including the right to inspect, copy, audit, and make records and transcripts from such records, and to allow interviews of any employees who might reasonably have information related to such records.

c. Records and supporting documents pertaining to the use of funds paid to Service Provider hereunder shall be retained by Service Provider and made available to Brian Gengler, City Engineer and the entities specified in subdivision b above, or their designated representatives, for purposes of performing an audit for a period of five (5) years from the date of the last payment made under this Agreement or the termination thereof, whichever occurs later..

Section 26. RESERVED

Section 27. CONFIDENTIALITY

a. Any and all documents and information obtained from the City or prepared by Service Provider for the City shall be kept strictly confidential unless otherwise provided by applicable law. All City data, documents and information shall be returned to City upon termination of the Agreement.

b. Any drawings, specificat ions, reports, records, documents, or other materials prepared by Service Provider in the performance of services under this Agreement shall not be

9 General Services Provider Standard Agreement/URBANBLOC /PROJ. NO. ESC22-109 (03.30.22)

released publicly without the prior written approval of Brian Gengler, City Engineer , or his designee, or as required by applicable law.

c. Service Provider shall not disclose to any other entity or person any information regarding the activities of the City, except with the prior written approval of Brian Gengler, City Engineer, or his designee, or as required by applicable law.

Section 28. PRINCIPAL REPRESENTATIVES

a. MARTHA TRELA, CEO, is designated as the principal representative of Service Provider for purposes of communicating with the City on any matter associated with the performance of the services set forth in this Agreement.

b. Brian Gengler, City Engineer, or his designee, shall be the principal representative(s) of the City for purposes of communicating with Service Provider on any matter associated with the performance of the services set forth in this Agreement.

c. Either Party may designate another individual as its principal representative by giving written notice of such designation to the other Party.

Section 29. MODIFICATIONS AND AMENDMENTS

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

Section 30. ENTIRE AGREEMENT

a. This Agreement supersedes any and all prior or contemporaneous agreements, either oral or written, between the City and Service Provider with respect to the subject matter of this Agreement.

b. This Agreement contains all of the covenants and agreements between the Parties with respect to the subject matter of this Agreement, and each Party to this Agreement acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any Party, except those covenants and agreements in this Agreement.

c. No agreement, statement, or promise with respect to the subject matter of this Agreement, which is not contained in this Agreement, or in a valid modification or amendment to this Agreement, shall be valid or binding on either Party.

Section 31. AMBIGUITIES

This Agreement is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted against either of them.

Except as expressly limited by this paragraph, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Agreement.

Notwithstanding the foregoing, the Parties agree that Exhibit “A” is attached hereto for reference purposes and to the extent there are any ambiguities, inconsistencies or conflicts

10 General Services Provider Standard Agreement/URBANBLOC /PROJ. NO. ESC22-109 (03.30.22)

between the terms of this General Services Provider Standard Agreement and Exhi bit “A”, the terms of this General Services Provider Standard Agreement shall control over said Exhibit “A”, including without limitation, Service Provider’s Standard Terms and Conditions document which is attached as part of Exhibit “A”. Nothing set forth in Exhibit “A” shall be deemed to supersede any of the provisions of this General Services Provider Standard Agreement.

Section 32. NOTICES

a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the Parties as follows:

To the City: Brian Gengler, City Engineer
City of Victorville
14343 Civic Drive
Victorville, CA 92392

To Provider: MARTHA TRELA, CEO
URBANBLOC INC.
1540 MORSE BLVD
SAN CARLOS, CA 94070

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 Service Provider, 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 Service Provider or to its successor(s), or for any breach of any obligation of the terms of this Agreement.

Section 34. REVIEW BY ATTORNEYS

Each Party hereto has had its attorney(s) review this Agreement and all related documents. Each Party hereto has consulted with its attorney(s) and has negotiated the terms of this Agreement based on such consultation.

Section 35. WAIVER

a. No waiver shall be binding unless executed in writing by the Party making the waiver.

b. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision.

11 General Services Provider Standard Agreement/URBANBLOC /PROJ. NO. ESC22-109 (03.30.22)

c. Failure of either Party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of such provision or any of the remaining provisions of this Agreement.

Section 36. ASSIGNMENT

This Agreement shall not be assigned by either Party without prior written consent of the other Party.

Section 37. CARE OF WORK

The performance of services by Service Provider or the payment of money by the City shall not relieve Service Provider 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 Service Provider.

Section 38. CAPTIONS AND HEADINGS

The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.

Section 39. SUCCESSORS, HEIRS, AND ASSIGNS

Except as otherwise expressly provided herein, this Agreement shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties to this Agreement and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties.

Section 40. GENDER

In this Agreement, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another.

Section 41. SEVERABILITY

If any one or more of the sentences, clauses, paragraphs, or sections contained herein is declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.

Section 42. GOVERNING LAW

The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the Parties under this Agreement, shall be construed pursuant to and in accordance with California law.

Section 43. DEFAULT

12 General Services Provider Standard Agreement/URBANBLOC /PROJ. NO. ESC22-109 (03.30.22)

a. Failure or delay by any Party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided however, that if the Party who is otherwise claimed to be in default by the 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 waiver of any default or of any rights or remedies associated with a default.

d. In the event that a default by any Party to this Agreement may remain uncured for more than fifteen (15) days following written notice, as provided above, the injured Party shall be entitled to seek any appropriate remedy or damages by initiating legal proceedings.

Section 44. CUMULATIVE REMEDIES

Except with respect to rights and remedies expressly declared to be 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.

Section 47. EFFECTIVENESS OF AGREEMENT

This Agreement shall not be binding upon the City, until signed by the authorized representative(s) of Service Provider, approved by the City’s Risk Manager, and executed by the authorized City personnel or Mayor.

13 General Services Provider Standard Agreement/URBANBLOC /PROJ. NO. ESC22-109 (03.30.22)

Section 48. REPRESENTATIONS OF PARTIES AND

PERSONS EXECUTING AGREEMENT

a. Each of the Parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the Parties hereto.

b. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the Parties each purports to represent.

Section 49. COUNTERPARTS

This Agreement may be executed by the Parties in counterparts, and when executed by each of the Parties, each counterpart shall be deemed to be a part of this Agreement.

[END OF THIS PAGE – SIGNATURE PAGE FOLLOWS]

14 General Services Provider Standard Agreement/URBANBLOC /PROJ. NO. ESC22-109 (03.30.22)

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the dates written below.

THE CITY OF VICTORVILLE URBANBLOC INC.

By: ______________________________ By: _____________________________ Debra Jones, Mayor Martha Trela, CEO

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: _________________________

P:\APPS\WPDATA\VVCA\0001-41-NAVIGATION WELLNESS CENTER\URBAN BLOC\300.3-CITY - UB GENL SERVICE PROVIDER STD AGMT CLN 03.30.22 W EXHIB.DOCX

15 General Services Provider Standard Agreement/URBANBLOC /PROJ. NO. ESC22-109 (03.30.22)

EXHIBIT A

SCOPE OF SERVICES

See Attachment

3/21/2022

EXHIBIT A - SCOPE OF SERVICES
Victorville Wellness Center Estimate for 5 BA/SHWR modules- 03/04/2022 Bathroom/Shower modules 5 UnitsBA/Shwr 1.26 gal Acorn blowout toilet BA/Shwr 1.26 gal Acorn blowout toilet Comments
CONTAINER $192,075 $960,373
Container, structural modifications, waterproofing, electrical, plumbing, carpentry, doors, insulation, ceilings, walls, floors, painted (single color) BATHROOM/KITCHEN FIXTURES ALLOWANCE $23,706 $118,530
Bathroom fixtures (toilets, flushometers, Shower enclosures, lavatories, faucets, grab bars, soap dispensers, mirrors, etc...) MECH FIXTURES ALLOWANCE $14,118 $70,588Ventilation systems, 120 gal hybrid water heaters FASTENERS $0 $0If Required
CONTAINER SUBTOTAL $229,898 $1,149,490
SALES TAX (IF REQUIRED)*** $0 $0Sales tax TBD. Not included CONTAINER W/ TAX $229,898 $1,149,490
0 ALLOWANCES 0
SPRINKLER ALLOWANCE $5,000 $25,000Does not include stand pipeCA STATE PERMIT & INSPECTIONS ALLOWANCE $2,466 $6,200CA State permit and inspections CA STATE FEES ALLOWANCE $174 $870Dealer report of sale, registration, titling, data plate, insignia CA ILT (In Lieu of Tax) $1,192 $5,961If Required
TRANSPORT ALLOWANCE $2,500 $12,500Estimated transport from San Leandro CA DESIGN & ENGINEERING ALLOWANCE** NA NAUnder separate contract. Preparing permit doc's, restamping, State review, Title 24 GRAND TOTAL $241,230 $1,200,021DOES NOT INCLUDE SITE WORK (see below) * Final pricing depends on final specifications and features. ** Design and engineering fee will be determined based on final design and amount of required engineering *** Does not include sales tax
Exclusions:

ALL SITE WORK IS EXCLUDED - including but not limited to:
- Securing permits for site work through local jurisdiction - Demolition
- Grading and drainage
- Trenching or bringing electrical power to the site
- Foundations
- Rigging, placing containers on foundations
- Welding or bolting container to foundation
- Attaching mechanical systems (or other fixtures) to roof or side of container - Utility connections to container
Main disconnects in electrical panels
Awnings, signage, branding specific elements
Multi-color paint option
Fire rated coatings
Stand pipes for fire sprinkler system
HVAC in bathroom/shower
LEED allowance (if required)
Low voltage system infrastructure (camara, security, fire alarm etc...)

16 General Services Provider Standard Agreement/URBANBLOC /PROJ. NO. ESC22-109 (03.30.22)

EXHIBIT A

FEE SCHEDULE

See Attachment

3/21/2022

EXHIBIT A - PAYMENT SCHEDULE
Victorville Wellness Center Schedule for 5 BA/Shwr modules - Revised 03/18/2022 Date** Amt Note % Amount
Deposit/Kick off 4/6/22 50% of totalPurchase of LL parts* Kicks off construction50% $600,011 Progress pymt 5/16/22 10% of totalMonthly progress payment 10% $120,002 Progress pymt 6/13/22 10% of totalMonthly progress payment 10% $120,002 Progress pymt 7/18/22 10% of totalMonthly progress payment 10% $120,002 Progress pymt 8/15/22 10% of totalMonthly progress payment 10% $120,002 Shipping - Final pymt9/27/2022 10% of totalAt shipping. 10% $120,002 $1,200,021
* 50% deposit required up front to purchase materials and kick off construction. Schedule depends on timely sourcing and delivery of materials. Some fixtures and materials are currently running 16-20 wk lead time. ** Dates are based on current production schedule and kick off date of 4/6/22

17 General Services Provider Standard Agreement/URBANBLOC /PROJ. NO. ESC22-109 (03.30.22)

EXHIBIT A

Service Provider’s Standard Terms and
Conditions

See Attachment

URBANBLOC INC.STANDARD TERMS AND CONDITIONS
These Standard Terms and Conditions (“Terms and Conditions”) are entered into by theundersigned buyer (“Buyer”) and UrbanBloc, Inc (referred to herein as “UrbanBloc). Inconsideration of the premises and undertakings of UrbanBloc herein, it is hereby agreed asfollows:

1. Sales of Goods. Buyer may purchase from UrbanBlocand UrbanBloc may sell to Buyerfrom time to time certain goods and products (“goods) pursuant to one or more purchaseorders submitted by Buyer in writing, by email. Acceptance of any purchase order andsale of any goods to Buyer by UrbanBloc shall be conditioned upon (i) execution by Buyerof a Sales Confirmation in the form provided by UrbanBloc (a “Sales Confirmation”),and/or (ii) acceptance by UrbanBloc of Buyer Purchase Order, and (iii) Buyer’s assent tothese Terms and Conditions which shall be automatically incorporated into, supplementand govern each Sales Confirmation or Purchase Order and the performance ofUrbanBloc and Buyer thereunder. To the extent any terms set forth in a SalesConfirmation conflict with the Terms and Conditions, the conflicting terms set forth in theSales Confirmation shall be controlling. Modifications by Buyer of any Sales Confirmationor any of these Terms and Conditions shall be without force and effect unless approved inwriting by an authorized representative of UrbanBloc.

2. Terms of Payment/Effect of Governmental Action. Thepurchase price for goods as setforth in a Sales Confirmation shall be, unless otherwise agreed in writing, (a) F.O.BUrbanBloc’s facility in San Leandro, California or such other shipping point as UrbanBlocshall designate (“shipping point”), (b) exclusive of applicable federal, state and local taxes(including sales and use taxes), excises, duties and import fees, which Buyer shall pay orreimburse to UrbanBloc, and (c) exclusive of freight and delivery charges and insurance,all of which Buyer shall pay. Unless otherwise provided in the Sales Confirmation, Buyer’spayment for all goods, applicable taxes and transportation costs shall be net 25 days fromthe date of the applicable invoice (“invoice date”). All late payments shall bear interest ata rate equal to the lesser of one and one-half percent (1.5%) per month or the maximumrate allowed by law. Final payment will be due at the time of shipping or 30 days after finalinspection is passed, whichever comes first.

If after the issuance by UrbanBloc of a Sales Confirmation a Governmental Action (asherein defined) is issued or enacted, and the effect of such Governmental Action is torequire that the applicable goods include additional equipment or comply with newstandards, the direct costs associated with conforming the goods to the requirements ofthe Governmental Action will be added to the applicable invoice and paid by Buyer. Asused herein, the term “Governmental Action” means any order, decree, directive, law orregulation promulgated, issued or enacted by any legislative body or agency havingjurisdiction, that pertains to the manufacture, operation or sale of any goods.

UrbanBloc’s acceptance of purchase orders and shipment of goods pursuant thereto shallat all times be subject to UrbanBloc’s approval of Buyer’s credit. Buyer agrees that it shallprovide to UrbanBloc from time to time any and all financial information, which UrbanBlocreasonably requests to establish and maintain UrbanBloc’s credit approval.Notwithstanding anything in any agreement between the parties to the contrary, UrbanBlocreserves the right to (a) change Buyer’s credit authorization or require different creditterms (any such change in payment terms will be based upon the standard creditunderwriting criteria then in effect at UrbanBloc), (b) require Buyer to provide security orcredit enhancements acceptable to UrbanBloc and/or (c) require payment in advance as acondition of accepting purchase orders or completing shipments of goods pursuant to 1 Buyer’s initial _______
accepted purchase orders. UrbanBloc shall use commercially reasonable efforts toprovide Buyer with as much advance notice as practicable of any change in paymentterms.

3. Price Escalation. In the event of a product or material cost increase, an escalationrequest will be submitted in writing to the Buyer for review on a case by case basis. Thismeasure is not intended to allow any increase in profit margin, but is solely intended toallow compensation for actual cost increases directly related to bid items.

4. Shipment. Delivery of goods under a Sales Confirmationshall be F.O.B. shipping point.UrbanBloc will make arrangements to ship the goods by common or contract carrier, withBuyer as the consignee, to such destination. UrbanBloc will make a good faith effort tohonor Buyer’s shipping instructions and ship goods on or before any stated shipping date;however, such shipping date is an estimate only and UrbanBloc shall not be liable for anydelays in shipment and a delay in shipment shall not relieve Buyer of its obligation toaccept the goods. Buyer agrees that it shall be Buyer’s responsibility to ensure that thecarrier delivering goods to Buyer has adequate insurance in full force and effect to coverany and all loss or damage to any goods, which may result from delivery or transport ofthe goods. Risk of loss and damage to goods shall pass to Buyer upon delivery of thegoods by UrbanBloc to the carrier at the shipping point. Claims for any goods lost ordamaged during shipment shall be filed by Buyer directly with the carrier, and Buyer isadvised to note loss or damage to goods on the freight bill when signing for receipt.

5. Storage. If the Buyer is not ready to accept thedelivery of finished containers within 30days of the final inspection and sign off of the containers by the State building authority,then, at UrbanBloc's option, UrbanBloc may store the finished containers and a monthlystorage fee will apply. The amount of this fee will be determined by UrbanBloc based onthe size and number of containers to be stored, and Buyer agrees to pay such fee. If atany time Urban Bloc determines that it cannot store the finished container(s), UrbanBlocshall give Buyer fifteen (15) days written notice that the Buyer must accept delivery of thecontainer(s), or make arrangements with UrbanBloc to have the container(s) shipped, atBuyer's expense, to another location for storage.

6. Warranty. UrbanBloc provides the following warrantyto Buyer for commercial modularunits. UrbanBloc warrants to Buyer that all commercial modular units shall be free fromdefects in material and workmanship for a period of 12 months from the date of shipmentwhen properly maintained and used in normal service. The parties understand andacknowledge that this Warranty excludes the following: (a) parts, components oraccessories manufactured by others (UrbanBloc hereby assigns to Buyer any warrantiesin favor of UrbanBloc with respect to any such parts, components or accessories that areincorporated into any commercial modular units purchased by the Buyer and which maybe legally assigned by UrbanBloc); (b) parts that are not defective at time of delivery butwhich become defective by virtue of usage, including but not limited to normal wear, tear,and replacement; (c) normal maintenance; (d) products or parts that have been repairedor altered by anyone other than UrbanBloc’s service representatives; and (e) damage dueto improper installation, installation of the commercial modular units in an unsuitableapplication, damage due to misuse, negligence, mishandling, accident, mechanical abuse,or other casualty not caused by a manufacturing defect. Proper installation is theresponsibility of Buyer to determine the suitability of the products purchased for itsapplication. Proper installation is the responsibility of Buyer, and UrbanBloc assumes noresponsibility for and does not warrant commercial modular units that are faultily orimproperly installed. THE FOREGOING WARRANTY IS INTENDED SOLELY FOR THEBENEFIT OF BUYER AND IS NON-ASSIGNABLE AND NON-TRANSFERABLE, 2 Buyer’s initial _______
INCLUDING TO ANY SUBSEQUENT PURCHASERS, LESSEES, OR OTHER PARTYWHO OBTAINS THE COMMERCIAL MODULAR UNITS AND PARTS FROM BUYER ORANY SUBSEQUENT PURCHASER. URBANBLOC SPECIFICALLY DISCLAIMS ALLOTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO,ANY IMPLIED WARRANT OF MERCHANTABILITY, ANY IMPLIED WARRANTY OFFITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY OF TITLE ANDAGAINST INFRINGEMENT.

7. BUYER’S REMEDIES. In the event that UrbanBloc breachesany warranty or othermaterial provision of these Terms and Conditions, any Sales Confirmation or any otheragreement respecting the purchase or sale of goods from UrbanBloc (collectively,“Agreement”), and such breach is not cured within thirty (30) days of Buyer's written noticespecifying the nature of the breach, Buyer’s exclusive remedy shall be the repair orreplacement at UrbanBloc’s option, of any defective goods. Under no circumstances shallUrbanBloc be liable for any reimbursement of labor costs incurred by the Buyer whether asa result of warranty under Section 4 herein or circumstances shall the liability of UrbanBlocwhether in contract, tort, and warranty or otherwise exceed the purchase price of thegoods. Buyer must notify UrbanBloc in writing of any claim regarding defective ornonconforming goods (a) within ten (10) days after receipt of the goods with respect to anyclaim not covered by the warranty set forth in Section 4 herein, or (b) within ten (10) daysafter a defect is or should have been discovered with respect to any claim covered by suchwarranty. If Buyer fails to notify UrbanBloc timely of a claim, the goods shall be deemedaccepted by Buyer without objection and any such claim by Buyer shall be waived. Buyeracknowledges and agrees that it will not assert a right of offset or recoupment againstUrbanBloc or any affiliate thereof or its directors, officers or employees, or any affiliatethereof with respect to any future, present or prior sales transactions involving any new orused goods or any other obligation of UrbanBloc to Buyer.

The rights and remedies provided to Buyer herein shall be the SOLE and EXCLUSIVErights and remedies of Buyer and Buyer hereby waives all other rights and remediesprovided by applicable law or equity, including without limitation, INDIRECT, incidental,consequential, liquidated, punitive or any other damages. URBANBLOC SHALL NOT BELIABLE TO BUYER FOR ANY LOST PROFITS, ANY INDIRECT, INCIDENTAL,CONSEQUENTIAL, SPECIAL, OR SIMILAR DAMAGES (INCLUDING LOSS OF CARGO,LOSS OF OTHER PROPERTY OR EQUIPMENT, LOSS OF PROFITS OR REVENUES,COST OF CAPITAL, COST OF BUSINESS INTERRUPTION, OR ANY OTHERDAMAGES), OR ANY CLAIMS OR DEMANDS BROUGHT BY OR AGAINST BUYER,HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING,WITHOUT LIMITATION, URBANBLOC'S NEGLIGENCE, BREACH OF CONTRACT, ORBREACH OF WARRANTY. URBANBLOC SHALL HAVE NO OBLIGATION TO REPLACEOR REPAIR ANY GOODS WHICH ARE LOST OR STOLEN OR DESTROYED ORDAMAGED BY FIRE OR ANY OTHER PERIL. IN NO EVENT SHALL URBANBLOC'SAGGREGATE LIABILITY TO BUYER ARISING OUT OF, RELATED TO OR INCONNECTION WITH THE SALE OF ANY GOODS UNDER THIS AGREEMENT EXCEEDTHE AMOUNT PAID TO URBANBLOC BY BUYER FOR SUCH GOODS. ANY ACTIONAGAINST URBANBLOC MUST BE BROUGHT WITHIN EIGHTEEN (18) MONTHSAFTER THE CAUSE OF ACTION ACCRUES. THE EXCLUSION OF INDIRECT,INCIDENTAL, CONSEQUENTIAL, LIQUIDATED, PUNITIVE, AND OTHER DAMAGES ISINDEPENDENT OF AND SHALL SURVIVE ANY FAILURE OF THE ESSENTIALPURPOSE OF ANY LIMITED REMEDY.

8. UrbanBloc’s Remedies. In the event of a default byBuyer, or if UrbanBloc reasonablydeems itself insecure, UrbanBloc may suspend all performance until all delinquencies and 3 Buyer’s initial _______
defaults are cured and adequate assurances of performance by Buyer are given toUrbanBloc. In the event that Buyer fails to cure any default or delinquency within thirty(30) days of UrbanBloc's written notice to Buyer thereof, UrbanBloc may terminate thisAgreement without further obligation to Buyer or right of refund. BUYER SHALL BELIABLE TO URBANBLOC FOR AND SHALL PAY TO URBANBLOC ALL COSTS ANDEXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, INCURRED BYURBANBLOC TO COLLECT THE PURCHASE PRICE FROM BUYER OR OTHERWISETO ENFORCE THIS AGREEMENT IN THE EVENT OF BUYER'S BREACH. In the eventof a default by Buyer, UrbanBloc shall have all remedies available under applicable lawand in equity.

9. Indemnification. Buyer shall hold harmless, defendand indemnify UrbanBloc, itsprincipals, corporate affiliates and any employees or agents thereof (collectively"Indemnified Party"), against all liability to third parties (other than liability solely the fault ofthe Indemnified Party) from any and all claims, including but not limited to claims forviolations of any statute or regulation, for personal injury, property damage, patentinfringement or appropriation of proprietary technology arising out of any equipment,materials, designs or specifications furnished by Buyer.

10. Waiver/Severability. Failure by UrbanBloc to insistupon strict compliance with any of theterms or conditions of any Agreement (including, without limitation, these Terms andConditions) shall not be deemed a waiver of such terms or conditions, nor shall any waiveror relinquishment of any right or power hereunder at anyone or more times be deemed awaiver or relinquishment of such right or power at any other time or times. In case anyoneor more of the provisions contained in any Agreement shall be invalid, illegal orunenforceable in any respect, the validity, legality or enforceability of the remainingprovisions contained therein shall not in any way be affected or impaired thereby.

11. Governing Law.The laws of the State of Californiashall govern any Agreement in allaspects, including execution, interpretation, performance and enforcement, without regardto principles of conflicts of law. URBANBLOC AND BUYER AGREE THAT ALL ACTIONSOR PROCEEDINGS ARISING IN CONNECTION WITH ANY AGREEMENT, WHETHERBASED UPON CONTRACT OR OTHERWISE, SHALL BE TRIED AND LITIGATED ONLYIN THE STATE AND FEDERAL COURTS LOCATED IN THE STATE OF CALIFORNIA.

12. Effective Date/Modification/Entire Agreement. TheseTerms and Conditions shallbecome effective upon execution hereof as to all existing, in-process and futuretransactions between Buyer and UrbanBloc. Except as provided for herein, nomodification, amendment, extension or alleged waiver of these Terms and Conditions orany Sales Confirmation will be binding on either party unless in writing and signed by theparty sought to be bound. THESE TERMS AND CONDITIONS, TOGETHER WITH ANYAPPLICABLE SALES CONFIRMATION, CONSTITUTE THE FINAL WRITTENEXPRESSION OF THE PARTIES WITH RESPECT TO BUYER'S PURCHASE OFGOODS FROM URBANBLOC, and this Agreement supersedes and replaces all prioragreements and understandings, written or oral. These Terms and Conditions shall bebinding upon and shall inure to the benefit of UrbanBloc and Buyer and their respectivesuccessors, assigns and legal representatives. ANY AND ALL REPRESENTATIONS,PROMISES, WARRANTIES OR STATEMENTS MADE OR GIVEN TO BUYER THATDIFFER IN ANY WAY FROM THE TERMS OF THESE TERMS AND CONDITIONSSHALL BE WITHOUT FORCE AND EFFECT. 4 Buyer’s initial _______
By signing below, Buyer expressly agrees to the terms above, subject to and as modified by the provisions of Section 31 of the Standard General Service Provider Agreement to which this Standard Terms and Conditions document is attached as Exhibit “A” .

IN WITNESS WHEREOF, these Terms and Conditions have been executed as of this ______________ day of _____________, ________________.

Executed by the BUYER:

Signed by the BUYER
Name
Date
Executed by URBANBLOC:

Signed by URBANBLOC
Name
Date
5 Buyer’s initial _______

ATTACHMENT B
Graphics (Vicinity Map, Site Plan, Floor Plan, Buil ding Elevations, and Urban Bloc Brochure)

1540 Morse Blvd. San Carlos CA. 94070P. 510 798 8007. F. 650 592 5494e-mail. [email protected] PLANS

SHEET NUMBER

SUBMITTALS

DRAWING TITLE
A1.0PAGES @ 24"X36" This drawing and any attached specifications contain information which is confidential. Unless you are authorized in writing by Urban Bloc Inc. you may not use, copy or disclose.

VICTORVILLE-
© 2011-2022  UrbanBloc, Inc.  All Rights Reserved.

ISSUE 10% CLIENT 02.23.22
TS-1LUB#
Feb 23, 20221:39:28 PM
ISSUED FOR REVIEW ONLYAS DEFINED UNDER CALIFORNIA CODE OF REGULATIONS TITLE 25. DIV. 1 H.C.D.MANUFACTURED COMMERCIAL MODULAR UNITS 56"x60"
Ø 60" MINCLEAR 30"x48"

T-SHAPED SPACE
12"x48" 12"x48"
1'-6" MIN.

T-SHAPED SPACE
12"x48" 12"x48"
1'-6" MIN.

T-SHAPED SPACE
12"x48" 12"x48"
1'-6" MIN.

Ø 60" MINCLEAR
1A2.1
3A2.1
4A2.1
2A2.1

ADA COMPLIANT LEVEL BY OTHERS
D1a
40'-0"
8'-0"
FLOOR PLAN1/2" =1'-0"1

ADA RESTROOM ADA SHOWER SHOWER SHOWER RESTROOM RESTROOM RESTROOM

ADA COMPLIANT LEVEL BY OTHERS
5'-1"5'-3 5/8"5'-4 5/8"3'-6 1/4"3'-6 1/4"5'-3 3/8"7'-4 3/4"3'-1" D1a D1a D1a D1a D1a D1a

RESTROOMPARTITIONSUTILITY
2 5/8" TYP.

Water Heater 5 867A2.1
MF-1bMF-1b
P.33b P.33aP.33aFX.8 FX.12
FX.6 FX.4
P.30cP.30c2
FX.3 P.32cP.32c2
FX.15 FX.8
FX.6 FX.4
P.32cP.32c2P.30cP.30c2
FX.15FX.3 FX.8
FX.6 FX.4
FX.3P.32cP.32c2P.30cP.30c2
FX.15FX.8
FX.6 FX.4
P.30cP.30c2
FX.3P.32cP.32c2
FX.15
MF-1b MF-1b MF-1b MF-1b
UPE.7
MF-1bUE.20
Water Heater
EQUIPMENT & FINISHES PLAN1/2" =1'-0"2
FF1FB1FF1FB1
TYP. Phenolic Panels to 7'-00". TYP.WI.9Phenolic Panels to 8'-00"WI.9 FINISH SCHEDULE# QTYITEM MFG. CAT. SPECIFICATION REMARKS COSTlink QuestionsWALL FINISHES WI.1 FRP
White Frp (fiberglass Reinforced Panel) Sequencia Or Eq., With integral silicone seals or mouldings @ All Joint, Corner, And Edge Conditions. Aluminum "h" Moulding At Bottom. Class C Rated. http://www.webstaurantstore.com/regency-16-gauge-three-compartment-stainless-steel-commercial-sink-without-drainboards-39-long-10-x-14-x-12-compartments/600S31014.htmlWI.3 EXTERIOR PAINT Direct to metal Paint Color TBD. Color Specified by ClientWI.9 PHENOLIC PANELFLOOR FINISHES FF.1 EPOXY FLOOR COATINGGeneral Polymer 3744 High Performance Cr Epoxy. Epoxy Applied As 10 Mil. Slurry. Light Grey. OR APPROVED EQUAL. smooth finish under sinks, counters and racks. Comply W/ Env. CA. Retail food Code. Flooring to be http://www.webstaurantstore.com/regency-16-gauge-three-compartment-stainless-steel-commercial-sink-without-drainboards-39-long-10-x-14-x-12-compartments/600S31014.htmlFB.1 COVE BASE BOARD EPOXY TO MATCH Provide 6" integral base W/ 1/2" min radiused cove.CEILING FINISHES CG.3 1BLACK/WHITEGENESIS SMOOTH
Ceiling Panel MC10 2x4, 100% Waterproof, Washable/Cleanable, Sag Proof, Mold Proof, Impact Damage Resistant, Flame Retardant, Bacteria Resistant All trim pieces, factory painted. cleanable.

PLUMBING, STAINLESS & FIXTURES# QTYITEM MFG SPECIFICATIONSSIZE COMMENTSFURNISHINSTALLCOLDHOTDRN.(D/I) MTG. HT.FX.34 Soap Dispenser SAN JAMARModel: SH900TBK5.5"W x 4"D x 1200"H UB UBFX.44 Paper Towel Dispenser SAN JAMARModel: T1900XC 11 3/8"W x 4"D x 14 3/4"H UB UBFX.64 Toilet Paper Dispenser SAN JAMARR3500TBK 7 1/4"W x 7"D x 12 3/4"H UB UBFX.84 Toilet Seat Cover Dispenser ASI Model: 20477-SM15 3/4"W x 2 3/8"D x 11"H UB UBFX.121 ADA Grab Bars (Set) ASI 3801-36P, 3801-42P UB UBFX.133 Towel Rack TBD TBD UB UBFX.143 Robe Hook TBD TBD UB UBFX.154 Bathroom Mirror TBD TBD 24"W x 4"D x 36"H UB UBP.30a1 Toilet GERBER 20-022 171/8"w x 27 1/2"d x 30 1/2"h UB UBP.30b1 Toilet Acorn R2100 24"d x 18 3/4"h Alt-2 UB UBP.30c4 Toilet American Standard 3445J.101 14"w x 25"d x 15 1/2"h Alt-1 UB UBP.30c24 Toilet Flush ValveSLOAN G2 8111-1.6 16 1/2"h UB UBP.32c4 Lavatory Kohler K-2084, Wall Mount 20"w x18"d x 7"h UB UBP.32c24 Faucet Kohler K-16027-4, July UB UBP.33a2 Shower Stall Bestbath LSS4238CP 42 1/4"w x 38"d x 80 1/2"h UB UBP.33b1 ADA Shower Stall Bestbath LSS26333A75FTT.V363"w x 34"d x 78 3/4"h UB UB EQUIPMENT LIST ELECTRICAL PLUMBINGUID ## QTYITEM MFGSPECIFICATIONSSIZE (W X D X H)COMMENTSFURNISHINSTALLVOLTAGEPHASEAMPSPLUGHT.AFFWIREDRN. (D/I)HOTCOLDGASCOMMENTS2 MF-1b1 Ventilation FanFantechRVF4 10 1/4" x 6" x 13" UB UB 115 1 0.17 HW3 MF-1b1 Ventilation FanFantechRVF4 10 1/4" x 6" x 13" UB UB 115 1 0.17 HW4 MF-1b1 Ventilation FanFantechRVF4 10 1/4" x 6" x 13" UB UB 115 1 0.17 HW5 MF-1b1 Ventilation FanFantechRVF4 10 1/4" x 6" x 13" UB UB 115 1 0.17 HW6 MF-1b1 Ventilation FanFantechRVF4 10 1/4" x 6" x 13" UB UB 115 1 0.17 HW7 MF-1b1 Ventilation FanFantechRVF4 10 1/4" x 6" x 13" UB UB 115 1 0.17 HW8 MF-1b1 Ventilation FanFantechRVF4 10 1/4" x 6" x 13" UB UB 115 1 0.17 HW9 UPE.71 Water Heater AO SmithCAHP120 31w x 40d x 70h UB UB 208/240 1 6710UE.201 Electrical Panel 200A UB UB 200 1540 Morse Blvd. San Carlos CA. 94070P. 510 798 8007. F. 650 592 5494e-mail. [email protected]

ELEVATIONS

SHEET NUMBER

SUBMITTALS

DRAWING TITLE

SECTIONS
A2.1PAGES @ 24"X36" This drawing and any attached specifications contain information which is confidential. Unless you are authorized in writing by Urban Bloc Inc. you may not use, copy or disclose.

VICTORVILLE-
© 2011-2022  UrbanBloc, Inc.  All Rights Reserved.

ISSUE 10% CLIENT 02.23.22
TS-1LUB#
Feb 23, 20221:39:30 PM
ISSUED FOR REVIEW ONLYAS DEFINED UNDER CALIFORNIA CODE OF REGULATIONS TITLE 25. DIV. 1 H.C.D.MANUFACTURED COMMERCIAL MODULAR UNITS WI.3TYP.
9'-6"
FRONT ELEVATIONScale: 3/8" = 1'-0"1
0-00"
EXT. F.F.L. 7"
EQ. EQ.Structural pier/support locations. typ. LEFT ELEVATIONScale: 3/8" = 1'-0"3 WI.3TYP.

RIGHT ELEVATIONScale: 3/8" = 1'-0"4BACK ELEVATIONScale: 3/8" = 1'-0"2 WI.3TYP.

EXT. F.F.L. 7"
0-00"
6'6"MAX

THRESHOLD LEVEL
EQ. EQ.Structural pier/support locations. typ.

Provide 18" min. crawl space for plumbing construction under unit (site work req.) INTERIOR SECTIONScale: 3/8" = 1'-0"5
WI.1TYP.

WI.1TYP.

INT. F.F.L. 7"
0-00"

ADA RESTROOM ADA SHOWER SHOWER SHOWER RESTROOM RESTROOM RESTROOMUTILITY FB.1TYP.Platform for H.W.

INTERIOR SECTIONScale: 3/8" = 1'-0"7
WI.9TYP.

INTERIOR SECTIONScale: 3/8" = 1'-0"8
FINISH SCHEDULE# QTYITEM MFG. CAT. SPECIFICATION REMARKS COSTlink QuestionsWALL FINISHES WI.1 FRP
White Frp (fiberglass Reinforced Panel) Sequencia Or Eq., With integral silicone seals or mouldings @ All Joint, Corner, And Edge Conditions. Aluminum "h" Moulding At Bottom. Class C Rated. http://www.webstaurantstore.com/regency-16-gauge-three-compartment-stainless-steel-commercial-sink-without-drainboards-39-long-10-x-14-x-12-compartments/600S31014.htmlWI.3 EXTERIOR PAINT Direct to metal Paint Color TBD. Color Specified by ClientWI.9 PHENOLIC PANELFLOOR FINISHES FF.1 EPOXY FLOOR COATINGGeneral Polymer 3744 High Performance Cr Epoxy. Epoxy Applied As 10 Mil. Slurry. Light Grey. OR APPROVED EQUAL. smooth finish under sinks, counters and racks. Comply W/ Env. CA. Retail food Code. Flooring to be http://www.webstaurantstore.com/regency-16-gauge-three-compartment-stainless-steel-commercial-sink-without-drainboards-39-long-10-x-14-x-12-compartments/600S31014.htmlFB.1 COVE BASE BOARD EPOXY TO MATCH Provide 6" integral base W/ 1/2" min radiused cove.CEILING FINISHES CG.3 1BLACK/WHITEGENESIS SMOOTH
Ceiling Panel MC10 2x4, 100% Waterproof, Washable/Cleanable, Sag Proof, Mold Proof, Impact Damage Resistant, Flame Retardant, Bacteria Resistant All trim pieces, factory painted. cleanable.

INTERIOR SECTIONScale: 3/8" = 1'-0"6
WI.1TYP.

INT. F.F.L. 7"
0-00"
FB.1TYP.
7'-0"PARTITION
8'-0"
CG.3TYP.

UB Overview
UrbanBloc was founded in 2014 by Martha Trela and Jerry Jameson with the vision of providing cities, landowners and small businesses a cost effective, rapid alternative for small scale development. UrbanBloc provides robust factory-built commercial products made from upcycled shipping containers that are pre-permitted by the State of California. Delivery times are typically 3-4 months.Because UrbanBloc is a licensed commercial modular manufacturer and dealer through the State of California all UB buildings are assured to meet CA code and are inspected and permitted in the factory before shipment.

The Commercial Modular Program is run through the Department of Housing and Community Development. HCD issues a license to qualified manufacturers and dealers of commercial modular buildings.All architectural drawings are approved and permitted by HCD. Licensed manufacturers are under strict quality control guidelines monitored by the State. All units are inspected by the State and come with aInsignia certifying compliance with CA building code.Containers with insignia can be moved and placed anywhere within CA and most States within the US Commercial Modular Program
UrbanBloc has done a wide variety of projects from single buildings to multi-module building complexes. Our customers include:•Cities•Developers•Non-Profits•General Contractors•Sports Teams•Corporations•Small BusinessesWe have built over 75 buildings. Examples of some of our customers are listed on this slide ranging from large corporate clients to non-profits and small, emerging businesses.

Customers
We have a full range of high-quality commercial products including:•Restaurants•Commercialkitchens•Bars•Cafes•Bathrooms•Bathroom/showers•Laundry and janitorial•Offices•Retail StoresCustomers can select one of our standard, pre-permitted products or we can design and build a custom product to our customer’s specifications and needs.

Products

Specifically developed for the unhoused community. Compact, ultra sanitary construction, highly ventilated and safe environment for high traffic use.•Includes•3 standard bathrooms•1 ADA bathroom•2 standard showers•1 ADA shower•120-gal. water heater•Specifications•Robust commercial-grade blow out toilets for high occupancy/use•High quality lavatories and showers•Anti-slip epoxy floors•Cleanable and durable surfaces•Ventilation UB Bathroom/Shower Module

UB Bathroom/Shower Module
UrbanBloc was selected as a vendor for the CA State-funded Homekey project in Mountain View that was completed in 2021 to house over 100 homeless clients. Because of our expertise in verycompactbuildings with sophisticated plumbing and electrical infrastructure we were selected to construct all ofthe following units including:•2 bathroom/shower modules•1 ADA bathroom module•1 Laundry room module•3 food service modulesThe project was completed in 4 months and was delivered on time and on budget.

LifeMoves Mountain View
Item Number: 21
City Council / Board of Directors
Written Communication(s)
Meeting of: April 5, 2022
Submitted By:

Brian Gengler, City Engineer

Subject:

Wellness Center Project - Agreement with Connect Homes
Recommendation:

That the Honorable City Council approve a Services Provider Agreement with Connect Homes for shelter units for the Victorville Wellness Center in an amount not to exceed $5,069,607.00 and authorize the City Attorney to make non-substantive revisions to the agreement.

Fiscal Impact:

This action will result in a fiscal impact of $5,069,607.00. An additional appropriation is not required. Funds for these services were budgeted with the Victorville Wellness Center Project. There are sufficient funds available in the budget to cover the capital expenses of this agreement. Please refer to the budget account number, funding source and budget amount shown below.

Account Funding Source Amount
2700011-52300-97063 Homekey Grant $28,004,058.00
Background:

On January 18, 2022, City Council approved an additional appropriation of Homekey Round 2 funds, in the amount of $28,004,058.00 and increased the not to exceed amount of the agreement with CMC Architects and Engineers to $814,172.80 for the design of the Wellness Center Project. This amendment to CMC’s agreement identified Connect Homes as a sub-consultant to design the modular shelter and community buildings. On March 15, 2022, City Council approved a Consultant/Professional Services Provider Agreement for the Wellness Center Project construction management with Pacifica Services, Inc., in an amount not to exceed $2,373,601.00. On March 15, 2022, a Phase 1 construction contract was awarded to Angeles Contractors, Inc. in the amount $4,827,947.76.
2 5
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Discussion:

The Wellness Center Project will include a non-congregate design of modular housing buildings with 110 separate units allowing a minimum capacity of 170 beds. Staff evaluated modular housing manufacturers to select a product that would be suitable for the Wellness Center. One of the manufacturers evaluated was Connect Homes. Connect Homes is a full-service, design-build firm that manufactures custom, prefabricated, modular buildings to customer specifications.

Modular shelters manufactured by Connect Homes were previously installed at an interim housing facility for the homeless in Mountain View, CA, which was primarily funded by a Homekey Round 1 grant. This facility opened in May of 2021. City staff evaluated these modular shelter units by interviewing the operator of the Mountain View facility and by touring the Connect Homes factory in San Bernardino, which also included a tour of a complete shelter building. The materials and construction design of the modulars appear to be durable, without requiring high maintenance over time.

Connect Homes was selected by staff to manufacture the 46 shelter modulars with 110 separate sleeping units for the Wellness Center. The modulars will be 360 square feet and will include custom beds with storage, as shown in the graphics within Attachment B.

In-suite bathrooms will be provided within 14 of the 46 shelter modulars. Communal modular bathroom buildings will be supplied by a separate vendor.

Staff has identified Connect Homes as a sole source supplier due to the custom design- build products offered, which includes a patent on a structural steel frame. This frame enhances the structural durability during shipping and installation. The production time to manufacture the modular sleeping units is critical to meeting the completion of construction deadline for this project, which is December 15, 2022.

Connect Homes has been working with staff over the past several months to finalize the design and scope of work. Connect Homes already has experience with the modular shelter permitting process with the California Housing and Community Development (HCD). Connect Homes expects approval from HCD prior to the April 5 th City Council meeting.

Connect Homes submitted a scope of work and pricing for the 46 shelter units which have been reviewed by City staff and CMC Architects and Engineers. Some sections of the City’s Standard Service Provider Agreement have been revised based on comments from staff, the City Attorney’s office and Connect Homes. The agreement has been reviewed by staff, the Deputy City Attorney and Connect Homes’ legal counsel and is in final form.

There are additional modular buildings totaling 9,600 square feet in floor area that are not covered by this proposed agreement. These are the central community service buildings consisting of a cafeteria, wellness center offices, a recuperative care center and an exam clinic. Once these community building designs are finalized (expected within the next 30 days), staff plans to recommend the approval of another contract with Connect Homes at a future City Council meeting for the manufacturing of these community buildings. 2 5
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Staff recommends that the Honorable City Council approve a Services Provider Agreement with Connect Homes for modular shelter units for the Victorville Wellness Center in an amount not to exceed $5,069,607.00.

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

Attachments:

A. Services Provider Agreement with Connect Homes
B. Graphics (Vicinity Map, Site Plan, Shelter Floor Plans and Connect Homes Brochure)

ATTACHMENT A
Services Provider Agreement with Connect Homes
1 General Services Provider Standard Agreement /HOME EC /PROJ No. ESC-110 (03.30.22)

GENERAL SERVICES PROVIDER STANDARD AGREEMENT

BY AND BETWEEN

THE CITY OF VICTORVILLE
AND
Home EC Inc. dba Connect Homes
FOR
Furnish Shelter Modular Housing Units
PROJECT NO. ESC22-110

THIS GENERAL SERVICES PROVIDER STANDARD AGREEMENT dated April 5, 2022 for reference purposes only (hereinafter the “ Agreement”), is made and entered into by and between the City of Victorville, a municipal corporation and Charter city located in the County of San Bernardino, State of California, hereinafter referred to as the “ City”, and Home EC Inc. dba Connect Homes, a Delaware corporation qualified to do business in the state of California, hereinafter referred to as “ Service Provider .” City and Service Provider are sometimes hereinafter referred to individually as a “Party” and collectively referred to as the “Parties.”

RECITALS:

WHEREAS, the City requires the manufacture of certain modular housing units (each, a “Module” or collectively, “ Modules”) by Service Provider for use in the City’s Wellness Center project, which project will provide interim housing and related services to the City’s unhoused population (the “Project”); and

WHEREAS, such Modules are to be installed on the Project Site (the “ Site”) by an independent General Contractor engaged by the City; and

WHEREAS, Service Provider is regularly engaged in the business of the off -site manufacture and fabrication of such Modules, and by virtue of its experience is qualified to provide the manufactured Modules required by the City; and

WHEREAS, in light of the facts set forth above, the City desires to retain the services Service Provider to provide, on an independent contractor basis, the manufacture of said Modules as described above and further detailed in this Agreement.

NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS, AND

PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE

CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS:

Section 1. RECITALS

The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, including any defined terms, as though set forth fully herein.

2 General Services Provider Standard Agreement /HOME EC /PROJ No. ESC-110 (03.30.22)

Section 2. SCOPE OF SERVICES

Service Provider shall provide to the City those services set forth in the Scope of Services, attached hereto as Exhibit “A” (of which Exhibit “A-1” is a also a part), and incorporated as part of this Agreement by this reference.

Section 3. COMPENSATION

The City shall pay a total amount not to exceed FIVE MILLION SIXTY-NINE THOUSAND SIX HUNDRED SEVEN AND 00/100 DOLLARS ($5,069,607) for the services to be rendered by Service Provider pursuant to this Agreement, subject to the provisions of Section 4 hereof. To the extent that the City does not select or require, in whole or in part, the “Storage and Handling” or the “Optional Upgrades and Customization” specified on pages 1 and 2 of Exhibit “A -1”), the compensation amount set forth in the preceding sentence shall be reduced accordingly.

Section 4. FEE SCHEDULE

4.1 The City shall pay Service Provider as provided in the Fee Schedule, attached hereto as Exhibit “B” and incorporated as part of this Agreement by this reference. The provisions of Exhibit “B” notwithstanding, in order to receive such payments, Service Provider shall be required to submit to City monthly reports with milestones idetailing all services performed, the progress being made on the manufacture of each Module, the estimated date of completion for each, and such other information as the City shall require. Provided that services have been satisfactorily rendered, invoices shall be pai d by the City approximately thirty (30) working days following receipt of Service Provider’s invoice.

4.2 Any increased costs which result from failure of City to timely provide information or perform its obligations under this Agreement, or any changes made to the design, configuration or fit-out of the Modules after Service Provider’s execution of this Agreement shall result in an increase to the compensation due Service Provider under this Agreement. In the monthly reports required under Section 4.1, Service Provider will notify City of the reason why such extra costs are or will be incurred and the actual or currently estimated amount thereof and shall invoice City on account of such costs on the next invoice issued pursuant to this Agreement. City shall pay such invoice, inclusive of the extra costs in accordance with Section 4.1, above.

4.3 All Modules will be delivered to City, or its designated representative, FOB at Service Provider’s factory and shall be loaded by Service Provider’s personnel onto transportation provided by City (“ Delivery”). Risk of loss and title to each module shall transfer to City at the time of Delivery.

Section 5. HOMEKEY PROGRAM REQUIREMENTS.

a. Service Provider has been advised and acknowledges that the Project is being funded with Homekey Program Round 2 Grant Funding (the “Program”).

b. In the performance of this Agreement, Service Provider agrees to comply with all applicable requirements of said Program, including, but not limited to, the following:

(1) Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d 3 General Services Provider Standard Agreement /HOME EC /PROJ No. ESC-110 (03.30.22)

et seq.), as implemented by the U.S. Department of the Treasury’s Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this Agreement. Title VI also includes protection to per sons with “Limited English Proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the U.S.

Department of the Treasury’s Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this Agreement.

(2) The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.); Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794); the Age Discrimination Act of 1975, as am ended (42 U.S.C. § 6101 et seq .); and Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. § 12101 et seq.).

(3) State of California Prevailing Wage Law requirements (Labor Code §§ 1720 - 1861 and the regulations in Title 8 of the California Code of Regulations (8 CCR §16000 et seq.) to the extent deemed applicable.

(4) During the performance of this Agreement, Service Provider and any of its subcontractors shall not deny the Agreement’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Service Provider shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Service Provider and its subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the California Department of Housing and Community Development (the awarding State agency) to implement such article. Service Provider shall permit access by representatives of the Department of Fair Employment and Housing and the awarding State agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.).

(5) Service Provider shall comply with all applicable provisions of 2 CFR Part 200, including Appendix II of 2 CFR Part 200 (subdivisions (A) through (L) inclusive, which are incorporated herein by this reference). Service Provider shall not be not debarred, suspended, or otherwise on the excluded list of vendors located at www.sam.gov.

(6) It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code.

4 General Services Provider Standard Agreement /HOME EC /PROJ No. ESC-110 (03.30.22)

Section 6. TERM OF AGREEMENT

This Agreement shall be for a term of approximately One (1) year , commencing on April 6, 2022 (the “Commencement Date”) and terminating on April 5, 2023 (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. The foregoing stated Term notwithstanding, Service Provider acknowledges and agrees that all Modules required under this Agreement shall be manufactured no later than September 30, 2022, provided that this Agreement is executed no later than April 6, 2022.

Section 7. INDEPENDENT CONTRACTOR STATUS

Service Provider shall at all times during the Term of this Agreement, or any extension thereof, perform the services described in this Agreement as an independent contractor.

Section 8. REPRESENTATIONS AND ACKNOWLEDGMENTS

REGARDING INDEPENDENT CONTRACTOR STATUS OF

SERVICE PROVIDER

a. Service Provider represents and acknowledges the following:

(1) The City is not required to provide any training or legal counsel to Service Provider or its employees in order for Service Provider to perform the services described in this Agreement.
(2) Performance of the services described in this Agreement do not have to be integrated into the daily business operations of the 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 maintain any contractual relationship with Service Provider 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 Service Provider to perform the services described in this Agreement.

(6) Service Provider shall not at any time or in any manner represent that it or any of its officers, employees, or agents are employees of the City.

b. The City represents and acknowledges the following:

(1) Service Provider is solely responsible for determining w ho, under the supervision or direction of Service Provider, will perform the services set forth in this Agreement.

(2) The City will not hire, supervise, or pay any employees or assistants working for Service Provider pursuant to this Agreement. Nothing contained in this Agreement 5 General Services Provider Standard Agreement /HOME EC /PROJ No. ESC-110 (03.30.22)

shall prevent the City from hiring Service Provider’s employees or assistants after termination of this Agreement.

(3) Nothing in this Agreement shall be interpreted to imply that Service Provider must maintain any contractual relationship with the City on a continuing basis after termination of this Agreement.

(4) It is the sole responsibility of Service Provider to set the hours in which Service Provider performs or plans to perform the services set forth in this Agreement.

(5) Service Provider 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) Service Provider is not required to perform the services set forth in this Agreement at City Hall or on City-owned property.

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

Section 9. NOT AGENT OF THE CITY

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

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

Section 10. LICENSES AND PERMITS

Service Provider represents that it has obtained and will maintain at all times during the performance of this Agreement, all business licenses, including but not limited to a City of Victorville business license, certifications, or permits necessary for performing the services described in this Agreement.

Section 11. WARRANTY

11.1 Service Provider warrants that each Module manufactured under this Agreement shall be reasonably free of material defects in materials and workmanship; that all mechanical systems will operate normally; and that all appliances and fixtures have been installed properly (hereinafter the “Limited Warranty”). The Limited Warranty is for a period of one (1) year from the date the City takes Delivery of each Module at Service Provider’s factory (the “ Warranty Period”). The Limited Warranty does not cover any problems, losses or claims arising under the circumstances set forth in the following subsections, including, without limitation, any warranties for appliances, fixtures, furnaces and air conditioning units covered by manufacturer or third-party warranties as described below.

11.2 Without in any way expanding the coverage of the Limited Warranty, in no event shall the Limited Warranty include or cover:
6 General Services Provider Standard Agreement /HOME EC /PROJ No. ESC-110 (03.30.22)

i. any damage or loss resulting from accident, misuse, theft, or unauthorized modification of any Modules or other components of the Modules, unless caused by the acts or omissions of Service Provider;

ii. any damages or loss arising from or in connection with the activities of the City or its other contractors (or their agents’) work or in relation to any Module;

iii. any problems that may arise from or in connection with any work done on a Module at any time by any person or entity other than Service Provider; or

iv. any defect in materials or workmanship in any appliances or fixtures which come with a manufacturer’s warranty, even if such defects are outside the coverage of the manufacturer’s warranty or arise after the expiration of the manufacturer’s warranty.

11.3 All manufacturers’ warranties accompanying any appliances or fixtures installed in a Module, and any other products, will be passed through by Service Provider to City. As set forth in Subsection 11.2.iv, the Limited Warranty is not applicable to such appliances, fixtures or products and any such manufacturer’s warranty constitutes City’s sole and exclusive remedy for any defect in materials in workmanship in the appliance or fixture. The limitation in the foregoing sentence does not apply to the installation of any appliance or fixture in a module a t Service Provider’s factory.

11.4 This Limited Warranty represents the entire and only agreement regarding warranties applicable to this Agreement and any Module, and supersedes any and all prior purchase orders, writings, memos, understandings, communications, advertising, or representations between City and Service Provider. No officer, employee, individual, person, distributer, dealer, agent or third party is authorized by or on behalf of Service Provider to amend, modify, expand or increase the Limited Warranty for any purpose.

11.5 The Limited Warranty as described in this Section 11 is in lieu of all other warranties, expressed or implied. Service Provider does not make, and hereby expressly disclaims, any other implied or expressed warranties, including warranties of fitness for a particular purpose and merchantability.

11.6 Notwithstanding the disclaimer in Subsection 11.2, to the extent applicable law prohibits Service Provider from disclaiming certain implied warranties (including, but not limited to, merchantability and fitness for a particular purpose), then any claim by City under such non- disclaimable implied warranties must be made within the Warranty Period.

Section 12. FAMILIARITY WITH WORK

Should Service Provider discover any latent or unknown conditions materiall y differing from those inherent in the services or as represented by the City, Service Provider shall immediately inform the City of such fact and shall not provide any services, except at Service Provider's risk, until written instructions are received fr om Brian Gengler, City Engineer, or his designee.

7 General Services Provider Standard Agreement /HOME EC /PROJ No. ESC-110 (03.30.22)

Section 13. CONFLICTS OF INTEREST

Service Provider covenants that it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the performance of Service Provider’s services under this Agreement. Service Provider further covenants that in the performance of services under this Agreement, no officer, employee or agent of Service Provider having such an interest shall be employed by it . In the event the City determines that Service Provider must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Service Provider shall file such Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the City Clerk.

Section 14. COMPLIANCE WITH LAWS

Service Provider shall comply with all local, state, and federal laws and regulations applicable to the services to be rendered hereunder, including any rule, regulation, or bylaw governing the conduct or performance of Service Provider or its employees, officers, or board members.

Section 15. COMMERCIAL GENERAL AND AUTOMOBILE LIABILITY

INSURANCE

a. Service Provider shall procure and maintain at its own expense, at all times during performance of this Agreement and during the Warranty Period, commercial general liability insurance of not less than One Million Dollars ($1,000,000) per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or damage resulting from the wrongful or negligent acts by Service Provider or its officers, employees, servants, volunteers, and agents and independent contractors.

b. Service Provider shall further procure and maintain, at its own expense, at all times during performance of this Agreement and during the Warranty Period, commercial vehicle liability insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) combined single limit, covering any vehicle utilized by Service Provider or its officers, employees, servants, volunteers, agents and independent contractors in performing the services required by this Agreement.

Section 16. WORKERS' COMPENSATION INSURANCE

a. Service Provider shall procure and maintain at its own expense, at all times during performance of this Agreement, and during the Warranty Period), workers' compensation insurance, providing coverage as required by the California State Workers' Compensation Law.

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

Section 17. RESERVED

8 General Services Provider Standard Agreement /HOME EC /PROJ No. ESC-110 (03.30.22)

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 policy, shall be endorsed to name the City and its officers, employees, servants, volunteers, agents and independent contractors, including, without limitation, the City Attorney, as Additional Insureds.

Section 19. WAIVER OF SUBROGATION RIGHTS

Service Provider shall require the carriers of all required insurance policies to waive all rights of subrogation against the 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. Service Provider shall secure from a good and responsible company or companies authorized to transact insurance business in the State of California, the policies of insurance required by this Agreement and furnish to the City Clerk certificates of insurance evidencing the required coverage, and policy endorsements at least ten (10) business days 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 terminated or expire without first providing thirty (30) days written notice to the City of such termination or expiration.

d. The commercial general liability and vehicle liability policies shall be endorsed to contain the following provision: “For any claims related to this Agreement, Service Provider’s coverage shall be primary with respect to the City. Any insurance maintained by the City shall be in excess of Service Provider’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 shall only be liable for payment under the payment provisions of this Agreement for satisfactory servic es rendered or in process and Modules and related 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 terminati on provides the other Party at least ten (10) days advance written notice of such termination or suspension. In the event of such termination, 9 General Services Provider Standard Agreement /HOME EC /PROJ No. ESC-110 (03.30.22)

the City shall only be liable for payment under the payment provisions of this Agreement for satisfactory services rendered or in process and Modules and related supplies actually furnished prior to the effective date of termination.

Section 22. TIME OF THE ESSENCE

Time is of the essence in the performance of this Agreement.

Section 23. INDEMNIFICATION

a. Service Provider shall indemnify and hold City harmless from any and all claims, including, but not limited to, personal injury, death, and property damage claims, demands, liabilities, judgments, liens, encumbrances, damages, penalties, fines, costs and expenses , including but not limited to attorneys' fees, of any nature brought by any person including, but not limited to, Service Provider, employees or agents of Service Provider, Service Provider’s other contractors, persons under Service Provider’s direction, Service Provider’s licensees, invitees and trespassers, and each of their sublessees, invitees, licensees and trespassers, or persons claiming by or through them, arising out of, in connection with, or relating in any manner to, the alleged actions or inac tions of the Service Provider, employees or agents of Service Provider, Service Provider’s other contractors, persons under Service Provider’s direction, Service Provider’s licensees, invitees, and trespassers in connection with this Agreement, the Site or the Project (collectively, “Claims”). This indemnity agreement shall apply without regard to whether City is actively or passively negligent in respect to the Claims, but shall not apply in the case of City’s adjudged sole negligence or willful misconduct . Moreover, Service Provider shall provide to City a defense of any such Claims, and shall employ counsel who is satisfactory to City for that purpose. The indemnification and defense obligations hereunder shall survive Delivery of the Modules to the City at Service Provider’s factory and/or termination of this Agreement.

b. The City does not and shall not waive any rights that it may have against Service Provider 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 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.

c. City shall indemnify and hold Service Provider harmless from any and all claims, including, but not limited to, personal injury, death, and property damage claims, demands, liabilities, judgments, l iens, encumbrances, damages, penalties, fines, costs and expenses, including but not limited to attorneys' fees, of any nature brought by any person including, but not limited to, City, employees or agents of City, City’s other contractors, persons under C ity's direction, City’s licensees, invitees and trespassers, and each of their sublessees, invitees, licensees and trespassers, or persons claiming by or through them, arising out of, in connection with, or relating in any manner to, the alleged actions or inactions of the City, employees or agents of City, City’s other contractors, persons under City's direction, City’s licensees, invitees and trespassers in connection with this Agreement, the Site or the Project (collectively, “Claims”). This indemnity ag reement shall apply without regard to whether Service Provider is actively or passively negligent in respect to the Claims, but shall not apply in the case of Service Provider’s adjudged sole negligence or willful misconduct. Moreover, City shall provide t o Service Provider a defense of any such Claims, and shall employ counsel who is satisfactory to Service Provider for that purpose. The indemnification and defense obligations hereunder shall survive the delivery of the Modules to the City at Service Provider’s factory and/or termination of this Agreement. 10 General Services Provider Standard Agreement /HOME EC /PROJ No. ESC-110 (03.30.22)

Section 24. REPORTS

In addition to the monthly progress reports required by Section 4.1, upon request by Brian Gengler, City Engineer, or his designee, Service Provider shall prepare and submit reports to the City concerning Service Provider's performance of the services required by this Agreement in such form as City and Service Provider shall reasonably agree.

Section 25. RECORDS

a. Service Provider shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable Brian Gengler, City Engineer, or his designee, to evaluate the cost, the performance of, and City’s payments to Ser vice Provider for such services. Such books and records shall be kept and prepared in accordance with generally accepted accounting principles.

b. Brian Gengler, City Engineer, or his designee; the State Department of Housing and Community Development, the State Department of General Services, the Bureau of State Audits, and any duly authorized federal entities as set forth in 2 CFR section 200.337, or their designated representatives, shall have full and free access to such books and records during normal business hours, including the right to inspect, copy, audit, and make records and transcripts from such records, and to allow interviews of any employees who might reasonably have information related to such records.

c.. Records and supporting documents pertaining to the use of funds paid to Service Provider hereunder shall be retained by Service Provider and made available to Brian Gengler, City Engineer and the entities specified in subdivision b above, or their designated representatives, for purposes of performing an audit for a period of five (5) years from the date of the last payment made under this Agreement or the termination thereof, whichever occurs later.

Section 26. RESERVED

Section 27. CONFIDENTIALITY

a. Any and all documents and information obtained from the City or prepared by Service Provider for the City shall be kept strictly confidential unless otherwise provided by applicable law. All City data, documents and information shall be returned to City upon termination of the Agreement.

b. Any drawings, specifications, reports, records, documents, or other materials prepared by Service Provider in the performance of services under this Agreement shall not be released publicly without the prior written approval of Brian Gengler, C ity Engineer , or his designee, or as required by applicable law.

c. Service Provider shall not disclose to any other entity or person any information regarding the activities of the City, except with the prior written approval of Brian Gengler, City Engineer, or his designee, or as required by applicable law.

d. Service Provider shall be deemed the author and owner of all drawings, plans and specifications (collectively, the “Work Product”) produced under this Agreement, and shall retain all c ommon law, statutory and other reserved rights, including copyrights. Submission or 11 General Services Provider Standard Agreement /HOME EC /PROJ No. ESC-110 (03.30.22)

distribution of any Work Product to meet regulatory or statutory requirements or for similar purposes in connection with this Agreement is not to be construed as publication in derogation of the reserved rights of Service Provider.

e. Upon execution of this Agreement, Service Provider grants to City a nonexclusive license to use the Work Product solely and exclusively for purposes of constructing, using, maintaining, altering, and adding to the Modules, provided that City substantially performs its obligations, including prompt payment of all amounts owed when due, under this Agreement. The foregoing license permits City to authorize its other contractors, consultants, and vendors to reproduce applicable portions of the Work Product solely and exclusively for use in performing services relating to the Modules. If Connect Homes terminates this Agreement in accordance with Section 21, the license granted herein shall terminate.

f. Except for the licenses granted in this Section, no other license or right shall be deemed granted or implied under this Agreement. City shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of Service Provider. Any unauthorized use of the Work Product will be at City’s sole risk and without liability to Service Provider or its agents, owners, contractors or employees.

g. City agrees that Service Provider will have the unlimited right to use photographs and other images of the Modules, including following their installation by City’s General Contractor at the Site, in advertising and promotional materials for the sole benefit of Service Provider, free of any royalty payments or other payment obligations to City. City agrees to grant access to the Modules and the Site to Service Provider for such purposes at a mutually agreed upon time.

Section 28. PRINCIPAL REPRESENTATIVES

a. Allison van Heugten is designated as the principal representative of Service Provider for purposes of communicating with the City on any matter associated with the performance of the services set forth in this Agreement.

b. Brian Gengler, City Engineer, or his designee, shall be the principal representative(s) of the City for purposes of communicating with Service Provider on any matter associated with the performance of the services set forth in this Agreement.

c. Either Party may desi gnate another individual as its principal representative by giving written notice of such designation to the other Party.

Section 29. MODIFICATIONS AND AMENDMENTS

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

Section 30. ENTIRE AGREEMENT

a. This Agreement supersedes any and all prior or contemporaneous agreements, either oral or written, between the City and Service Provider with respect to the subject matter of this Agreement.

b. This Agreement contains all of the covenants and agreements between the Parties with respect to the subject matter of this Agreement, and each Party to this Agreement 12 General Services Provider Standard Agreement /HOME EC /PROJ No. ESC-110 (03.30.22)

acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any Party, except those covenants and agreements in this Agreement.

c. No agreement, statement, or promise with respect to the subject matter of this Agreement, which is not contained in this Agreement, or in a valid modification or amendment to this Agreement, shall be valid or binding on either Party.

Section 31. AMBIGUITIES

This Agreement is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted against either of them.

Except as expressly limited by this paragraph, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Agreement.

Notwithstanding the foregoing, the Parties agree that Exhibit “A” and Exhibit “B” are attached hereto for reference purposes, and to the extent there are any ambiguities, inconsistencies or conflicts between the terms of this Agreement and Exhibit “A” or Exhibit “B”, the terms of this Agreement shall control and nothing set forth in Exhibit “A” or “B” shall be deemed to supersede any of the provisions of this 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: Brian Gengler, City Engineer
City of Victorville
14343 Civic Drive
Victorville, CA 92392

To Provider: Payal Gandhi, VP Development
Connect Homes
706 Hill St #1060
Los Angeles, CA 90014

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 Service Provider, 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 Service Provider or to its successor(s), or for any breach of any obligation of the terms of this Agreement.

13 General Services Provider Standard Agreement /HOME EC /PROJ No. ESC-110 (03.30.22)

Section 34. REVIEW BY ATTORNEYS

Each Party hereto has had its attorney(s) review this Agreement and all related documents. Each Party hereto has consulted with its attorney(s) and has negotiated the terms of this Agreement based on such consultation.

Section 35. WAIVER

a. No waiver shall be binding unless executed in writing by the Party making the waiver.

b. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision.

c. Failure of ei ther Party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of such provision or any of the remaining provisions of this Agreement.

Section 36. ASSIGNMENT

This Agreement shall not be assigned by either Party without prior written consent of the other Party.

Section 37. CARE OF WORK

The performance of services by Service Provider or the payment of money by the City shall not relieve Service Provider 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 Service Provider.

Section 38. CAPTIONS AND HEADINGS

The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.

Section 39. SUCCESSORS, HEIRS, AND ASSIGNS

Except as otherwise expressly provided herein, this Agreement shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties to this Agreement and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties.

Section 40. GENDER

In this Agreement, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another.

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Section 41. SEVERABILITY

If any one or more of the sentences, clauses, paragraphs, or sections contained herein is declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.

Section 42. GOVERNING LAW

The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the Parties under this Agreement, shall be construed pursuant to and in accordance with California law.

Section 43. DEFAULT

a. Failure or delay by any Party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided however, that if the Party who is otherwise claimed to be in default by the 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 waiver of any default or of any rights or remedies associated with a default.

d. In the event that a default by any Party to this Agreement may remain uncured for more than fifteen (15) days following written notice, as provided above, the injured Party shall be entitled to seek any appropriate remedy or damages by initi ating legal proceedings and/or terminating this Agreement pursuant to Subsection 21.b at the injured Party’s option.

e. In the event Service Provider defaults hereunder and such default remains uncured for more than fifteen (15) days following written not ice, as provided above, City may terminate this Agreement pursuant to Section 21.b, and Service Provider shall be liable to City for all costs incurred by City in completing or procuring the completion of performance in excess of the “not to exceed” amount set forth in Section 3 of this Agreement (as such may be adjusted as provided for herein).

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.
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Section 45. VENUE

All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in San Bernardino County, California.

Section 46. ATTORNEYS’ FEES

In the event any action, suit, or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement, or as a result of any alleged breach of any provision of this Agreement, the prevailing Party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorneys’ fees, from the losing Party, and any judgment or decree rendered in such a proceeding shall include an award thereof.

Section 47. EFFECTIVENESS OF AGREEMENT

This Agreement shall not be binding upon the City, until signed by the authorized representative(s) of Service Provider, approved by the City’s Risk Manager, and executed by the authorized City personnel or Mayor.

Section 48. REPRESENTATIONS OF PARTIES AND

PERSONS EXECUTING AGREEMENT

a. Each of the Parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the Parties hereto.

b. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the Parties each purports to represent.

Section 49. COUNTERPARTS

This Agreement may be executed by the Parties in counterparts, and when executed by each of the Parties, each counterpart shall be deemed to be a part of this Agreement.

[END OF THIS PAGE-SIGNATURE PAGE FOLLOWS]

16 General Services Provider Standard Agreement /HOME EC /PROJ No. ESC-110 (03.30.22)

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the dates written below.

THE CITY OF VICTORVILLE HOME EC INC. DBA CONNECT HOMES

By: ______________________________ By: _____________________________ Debra Jones, Mayor Greg Leung, CEO

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: _________________________

P:\APPS\WPDATA\VVCA\0001-41-NAVIGATION WELLNESS CENTER\CONNECT HOMES\001.12-0018-C~1 GENL SERV PROV CH 03.30.22 CLN FIN W EXHIBS.DOCX

17 General Services Provider Standard Agreement /HOME EC /PROJ No. ESC-110 (03.30.22)

EXHIBIT “A”

SCOPE OF SERVICES

Service Provider shall supply to City the Modules listed on Exhibit A -1 from its Connect Shelter line of products and the Fit Out List incorporated into Exhibit A-1.

All Modules will be delivered to City FOB at Service Provider’s factory and will be manufactured according to the following steps:

1. Structural Steel Frames
a) Weld and assemble steel frame
b) Prep, prime and paint
c) Install blocking and blocking fastener at steel beams

2. Floor Assembly
a) Install floor joists
b) Install insulation
c) Install plywood subfloor
d) Install flooring

3. Ceiling Assembly
a) Install gypsum board ceiling
b) Install FRP ceiling panels and trims

4. Roofing Assembly
a) Install roof joists
b) Install roof insulation
c) Install plywood sheathing
d) Install roofing membrane
e) Install gutter and downspout
f) Install plumbing/mechanical roof terminations

5. Wall Assembly
a) Install wall framing
b) Install insulation
c) Install interior gypsum board
d) Install FRP panels, trims
e) Install interior wall base
f) Install interior doors (if applicable)
g) Install exterior plywood sheathing, ZIP system
h) Install exterior flexible flashing and metal flashing, sill pans i) Install exterior siding
j) Install exterior window and door assemblies
k) Paint exterior of module

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6. Electrical
a) Install rough electrical
b) Install electrical fixtures
c) Install exterior lights
e) Install rough ins for low voltage devices -wires will be pulled in field f) Test electrical system

7. Mechanical
a) Install fan units
b) Install mechanical condenser
c) Install thermostats
d) Test mechanical system

8. Fire Sprinklers
a) Install fire sprinkler manifold
b) Install fire sprinkler heads, supply lines and stub downs c) Install fire sprinkler alarm bell

9. Delivery Prep
a) Secure ship loose items
b) Crib modules for truck pick up
c) Provide forklifts as needed for loading modules onto trucks

10. Subject to the provisions of Section 6 of the Agreement, all Modules shall be manufactured no later than September 30, 2022.

City’s Obligations: In addition to the obligations set forth in the Agreement to which this Exhibit “A” is attached, City shall:

A. Provide Service Provider, within thirty (30) days of date this Agreement has been fully executed by the Parties, a proposed Manufacturing and Delivery Schedule showing the desired order of production of the Modules and the delivery dates for each Module (“Schedule”). Service Provider shall review and provide City with any comments on the proposed Schedule within five (5) days of its delivery to Service Provider. Once City and Service Provider have agreed on such Schedule, Service Provider will exercise its best efforts to deliver the Modules to City in accordance therewith, and shall notify the City, in the monthly reports provided purs uant to Section 4.1 of the Agreement, of any anticipated variances from the Schedule. The foregoing notwithstanding, Service Provider acknowledges and agrees that, subject to the provisions of Section 6 of the Agreement, all Modules shall be manufactured n o later than September 30, 2022.

B. Take Delivery of any completed Module within 10 business days of notification from Service Provider that such Module is ready for Delivery. City’s failure to timely perform this obligation will result in fees for storage and handling as specified in Exhibit A not being deducted (in whole or in part) from the not to exceed compensation due Service Provider specified in Section 3 of the Agreement.

Exclusions: Service Provider’s scope of work under this Agreement does not include:
i. Any transport, unloading, setting or field connection of the Modules to foundations, utilities or other Modules or related units, or any field supervision or observation related thereto. ii. Any structural engineering related to the foundations for the Modules, the connection of the Modules to their foundations, other than by the standard connections provided in Service Provider’s standard Plans and Specifications relating to the Modules, or any geotechnical, civil, or other engineering and design services related to the Site.

19 General Services Provider Standard Agreement /HOME EC /PROJ No. ESC-110 (03.30.22)

EXHIBIT “A-1”

[to be inserted here]

DATE: 3/28/2022
LOCATION: VICTORVILLE, CA
CONFIGURATION:

Models Size Quantity
SHELTER 1 (W/ ADA BATH) 320 sf 14
SHELTER 2 320 sf 16
SHELTER 4 320 sf 16
PRODUCTION Total
Shelters Unit Cost Quantity Subtotals 4,655,895$
<1>
SHELTER 4 85,800$ 16 1,372,800$
SHELTER 2 80,800$ 16 1,292,800$
SHELTER 1 (W/ ADA BATH) 91,500 $ 14 1,281,000$

FIT-OUT/OPTIONAL UPGRADES
Fire sprinklers (R2 occupancy) 4,000 $ 46 184,000$ Mechanical room doors 1,600 $ 46 73,600$
Disability access 20,000$
Additional upgrades (see Fit Out List) 431,695$
Sales Tax on Production costs 167,612$
Total

STORAGE AND HANDLING
Item Per Unit Quantity Subtotals 246,100$
500$ 46 23,000$
<4>
46 223,100$ <5>
ESTIMATED PRELIMINARY PRICE 5,069,607$
PRE-DELIVERY ON-SITE WORK Total
Item NIC <3>
Preparation of site for the installation of Shelters is not included and shall be performed by a local contractor Foundations NIC
Utility hook ups NIC

NOTES ON PRICING
<1> Production costs are subject to change up until the Purchase Order is signed, at which time these costs are fixed for the Project <4> All site and installation work for the modules is excluded, including but not limited to, pre-delivery site work, delivery to the site, craning and setting the modules on site, any repair to modules as a result of transportation and setting, connections to foundation, utility connections on site to module stub down points of connections, final testing of all systems <5> Storage allowance required for modules not picked up from Connect Homes factory within 5 days of production completion.

FIT OUT LIST: OPTIONAL UPGRADES AND CUSTOMIZATION ESTIMATES PRODUCTION Total
Item Fit Out Area
Upgrade/
Add/
Remove
Description Subtotals 431,695$
SHELTER 4
Mechanical Room Door Upgrade Mechanical Room Door with lock Included w/ optional fit-out above Exterior Wall Light Upgrade (5) J Boxes 800$
Exterior Wall Light Upgrade (5) Access Lighting Nauticus Fixture 1,440 $ Gutter & Downspout Upgrade Gutter and single downspout 5,645$ Door/Window Blinds Upgrade Blackout Vinyl Roller Shades 41,057$ Furniture/Features Upgrade (1) double bed platform with storage 24,000 $ Fire Sprinkler Upgrade Fire sprinkler System Included w/ optional fit-out above Strobe Upgrade Accessibility Strobes Included w/ optional fit-out above SHELTER 2
Mechanical Room Door Upgrade Mechanical Room Door with lock Included w/ optional fit-out above Exterior Wall Light Upgrade (5) J Boxes 800$
Exterior Wall Light Upgrade (5) Access Lighting Nauticus Fixture 1,440 $ Gutter & Downspout Upgrade Gutter and single downspout 5,645$ Door/Window Blinds Upgrade Blackout Vinyl Roller Shades 20,529$ Furniture/Features Upgrade (4) double bed platform with storage 96,000 $ Fire Sprinkler Upgrade Fire sprinkler System Included w/ optional fit-out above Strobe Upgrade Accessibility Strobes Included w/ optional fit-out above SHELTER 1
Mechanical Room Door Upgrade Mechanical Room Door with lock Included w/ optional fit-out above Exterior Wall Light Upgrade (5) J Boxes 700$

CONNECT SHELTER PRICING PROPOSAL
Storage allowance (assumes holding modules
for 97 days after completetion )
Module handling/loading and delivery to
factory storage site
$ 50 per day per
module

Exterior Wall Light Upgrade (5) Access Lighting Nauticus Fixture 1,260 $ Gutter & Downspout Upgrade Gutter and single downspout 4,939$ Door/Window Blinds Upgrade Blackout Vinyl Roller Shades 15,663$ Furniture/Features Upgrade (4) double bed platform with storage 84,000 $ Fire Sprinkler Upgrade Fire sprinkler System Included w/ optional fit-out above Strobe Upgrade Accessibility Strobes Included w/ optional fit-out above EXPEDITED FABRICATION Add 8 hours on Saturdays 127,778$ A
A
B
B
2 2
1 1
40' - 0"
8' - 0" .

BEDROOM

1.0 BATHROOM

1.1 7'-4" x 26'-5"

10.1 7'-4" x 9'-11"
10B 10A 11B
This floor plan is shown for reference purposes onl y. Connect Homes reserves the right to make changes and substitutions to t his standard floor plan at any time. 0' 5' 10' 20' SHELTER SHELTER MODEL - CS1 - 1BED
CONNECT SHELTER 1 Included Option in Base Price
Fit-Out Upgrade Option at Additional Cost
Victorville
Wellness
Center

03.04.2022 NOTE: PRODUCT MODEL STANDARDS ARE SUBJECT TO CHANGE BASED ON AVAILABILITY IN TIME OF PRODUCTION. ADDITIONALLY, ANY UPGRADES BEYOND CONNECT HOMES STANDARDS MAY CAUSE FURTHER DELAYS.

Exterior Finishes Structure X Heavy Gauge Steel Frame Module Siding X Fiber Cement Boards, Smooth, White
X Upgrade: Accent Panels [Blue TBD]
Upgrade: Add Other Logos/Super Graphics [Color], [Location], [Quantity], [Size] Upgrade: 1" T4 Profile, Kynar Finish
Decking and Steps
X None
Upgrade: 3-8''x10' Deck pallets. Fijian Mahogany, with Sherwin-Williams SuperDeck Semi-Transparent or Solid Stain, [Color], [Quantity] Upgrade: 3-8''x10' Deck pallets Deck pallets. Trex Composite Decking [Color], [Line], [Quantity]
Windows X 36" x 77" Awning over Fixed Window with Transom Height 48" Exterior Doors X 36" x 80" Swing Door
Exterior Door Hardware X Keyless Entry, Sclage CO-100 Keypad Programmable Lock, ADA Compliant Upgrade: [Other Model]
Mechanical Room Door None
X Upgrade: Metal Door with Perforated Metal Screen, Black Exterior Wall Light X Upgrade: Access Lighting Nauticus 20291LEDDLP-BL/FST (5 per mod) X Upgrade: Provide J Boxes for security cameras or other lighting (5 per mod) Outdoor Receptacle X Taymac Weatherproof Cover, Finish: White Roof Material X 60 Mil PVC Roofing Membrane, White
Fire Rated Walls X None
Upgrade: Exterior Walls per Owner Provided Plan
Gutter & Downspout None
X Upgrade: Gutter & Single Downspout, 40' x 4" x 4"
1 CONNECT SHELTER 1 Included Option in Base Price
Fit-Out Upgrade Option at Additional Cost
Victorville
Wellness
Center

03.04.2022 NOTE: PRODUCT MODEL STANDARDS ARE SUBJECT TO CHANGE BASED ON AVAILABILITY IN TIME OF PRODUCTION. ADDITIONALLY, ANY UPGRADES BEYOND CONNECT HOMES STANDARDS MAY CAUSE FURTHER DELAYS.

Interior Finishes Flooring X Forbo Marmoleum , Finish: Concrete 933136 2 Upgrade: [Other Color]
Wall Finish X FRP Wall panels, Crane GlasBord, Smooth White, Semigloss with trims Dryable with Washable Paint
Roller Shades X Blackout Vinyl Roller Shades, Finish: Reminiscent Grey Interior Door Lever X Omnia, Brushed Stainless Steel
Recessed Lighting X Recessed LED, White Trim, White Baffle Switches X Leviton Decora Rocker Quite Switch
Outlets X Leviton Decora Series, White
Furniture/Features None
X Upgrade: (1) Double Bed Platform with Storage, Color: Marine Blue Upgrade: Resource Furniture Murphy Bed/Desk
Upgrade: Grab Bars
Upgrade: Blocking for Desks
CONNECT SHELTER 1 Included Option in Base Price
Fit-Out Upgrade Option at Additional Cost
Victorville
Wellness
Center

03.04.2022 NOTE: PRODUCT MODEL STANDARDS ARE SUBJECT TO CHANGE BASED ON AVAILABILITY IN TIME OF PRODUCTION. ADDITIONALLY, ANY UPGRADES BEYOND CONNECT HOMES STANDARDS MAY CAUSE FURTHER DELAYS.

Bathroom Sink & Vanity X Kohler Greenwich 20-3/4" Wall Mounted Bathroom Sink with 1 Hole Drilled and Overflow (K-2031-0)
Sink Faucet X Kohler July Single Hole Bathroom Faucet - Less Drain Assembly K-97282-4-CP Upgrade: [Other Model]
Mirror X Gardner Glass Products 36-in L x 18-in W Polished Wall Mirror OR similar Upgrade: [Other Model]
Toilet
Upgrade: [Other Model]
Shower Set X American Standard  Commercial Shower System Kit for Flash Rough Valve with

1.5 GPM Hand Shower TU662SG211.002
Grab Bars
X Preferred Bath Accessories 5000 Balance Decorative Grab Bars 5036-BP and 5042-BP
Upgrade: [Other Model]
Towel Hook
X Gatco, Latitude II Single Robe Hook, Polished Chrome(#4245) Upgrade: [Other Model]
Tissue Holder X Gatco, Channel Euro Single Post Toilet Paper Holder, Polished Chrome (#4683) Upgrade: [Other Model]
Shower Stall X Aquatic White Shower (#1363BFC2P)
Bath Fan X Ceiling Mounted LED in Vent Fan - WhisperThin Panasonic (#FV-0810RSL1) X Miseno Mia One-Piece High Efficiency Toilet with Elongated Chair Height Bowl - Includes Soft Close Seat and Wax Ring Kit MNO120CBWH
ADA
3 CONNECT SHELTER 1 Included Option in Base Price
Fit-Out Upgrade Option at Additional Cost
Victorville
Wellness
Center

03.04.2022 NOTE: PRODUCT MODEL STANDARDS ARE SUBJECT TO CHANGE BASED ON AVAILABILITY IN TIME OF PRODUCTION. ADDITIONALLY, ANY UPGRADES BEYOND CONNECT HOMES STANDARDS MAY CAUSE FURTHER DELAYS.

Systems Mechanical X Ductless Heat Pump (Separate Fan Coil Unit per room for Heating + Cooling) Ventiliation X None
Upgrade: [Other Model]
On Demand Water Heater
X Natural Gas Powered or equivalent
Fire: Smoke / CO
Alarms X Kiddle Carbon Monoxide Detector with Battery Backup and Voice Alarm Upgrade: Nest
Solar X None
Upgrade: Solar Ready
Thermostats
X Wall Controller
Upgrade: Central Main Controller
Firesprinklers None
X Automatic Wet Firesprinkler System
Ext. Lights control X Photocell Control
Upgrade: Control/Separate Switches per Room
Power
X 1-1/2" Non metallic PVC Schedule 40 Conduit Stub Out
Upgrade: Nema Plug for Owner Provided Generator
Water Supply X Connect to Onsite Water Service
Upgrade: Ronco Plastics Tanks.100GA Fresh Water Tank (Water refill approx. every 3 days)
Grey Water/Black Water X Connect to Onsite Sewer Service Upgrade: Ronco Plastics Tanks. 34GA Grey Water Tank (Per bath, service approx. every 5 days), 14GA Black Water Tank (Per bath, service approx. every 5 days) Gas
X Connect to Onsite Gas Service
Upgrade: Cylinder Propane Tanks 19GA toal. (Refill approx. every 22 days) Shelter Support
X Bolt to Foundation
4 A
A
B
B
2 2
1 1
40' - 0"
ROOM 01

1.0 ROOM 02

2.0 10.1 20.1
8' - 0"
7'-3" x 17'-6"
10A 20B
7'-3" x 17'-6"
This floor plan is shown for reference purposes onl y. Connect Homes reserves the right to make changes and substitutions to t his standard floor plan at any time. 0' 5' 10' 20' SHELTER - Plan SHELTER MODEL - CS2 - 2BED MECH
ROOM 0

3.0 CONNECT SHELTER 2 Included Option in Base Price
Fit-Out Upgrade Option at Additional Cost
Victorville
Wellness
Center

03.04.2022 NOTE: PRODUCT MODEL STANDARDS ARE SUBJECT TO CHANGE BA SED ON AVAILABILITY IN TIME OF PRODUCTION. ADDITIONALLY, ANY UPGRADES BEYOND CONNECT HOMES STANDARDS MAY CAUSE FURTHER DELAYS.

Exterior Finishes Structure X Heavy Gauge Steel Frame Module Siding X Fiber Cement Boards, Smooth, White
X Upgrade: Accent Panels [Blue TBD]
Upgrade: Add Other Logos/Super Graphics [Color], [Location], [Quantity], [Size] Upgrade: 1" T4 Profile, Kynar Finish
Decking and Steps
X None
Upgrade: 8'x40' Decks. Fijian Mahogany, with Sherwin-Williams SuperDeck Semi- Transparent or Solid Stain, [Color], [Quantity]
Upgrade: 10'-3''x40' Decks. Fijian Mahogany, with Sherwin-Williams SuperDeck Semi-Transparent or Solid Stain, [Color], [Quantity]
Windows X 36" x 77" Awning over Fixed Window with Transom Height 48" Exterior Doors X 36" x 80" Swing Door
Exterior Door Hardware X Keyless Entry, Sclage CO-100 Keypad Programmable Lock, ADA Compliant Upgrade: [Other Model]
Mechanical Room Door None
X Upgrade: Metal Door with Perforated Metal Screen, Black Exterior Wall Light X Upgrade: Access Lighting Nauticus 20291LEDDLP-BL/FST (5 per mod) X Upgrade: Provide J Boxes for security cameras or other lighting (5 per mod) Outdoor Receptacle X Taymac Weatherproof Cover, Finish: White Roof Material X 60 Mil PVC Roofing Membrane, White
Fire Rated Walls X None
Upgrade: Exterior Walls per Owner Provided Plan
Gutter & Downspout None
X Upgrade: Gutter & Single Downspout, 40' x 4" x 4"
1 CONNECT SHELTER 2 Included Option in Base Price
Fit-Out Upgrade Option at Additional Cost
Victorville
Wellness
Center

03.04.2022 NOTE: PRODUCT MODEL STANDARDS ARE SUBJECT TO CHANGE BA SED ON AVAILABILITY IN TIME OF PRODUCTION. ADDITIONALLY, ANY UPGRADES BEYOND CONNECT HOMES STANDARDS MAY CAUSE FURTHER DELAYS.

Interior Finishes Flooring X Forbo Marmoleum , Finish: Concrete 933136 2 Upgrade: [Other Color]
Wall Finish X FRP Wall Panels, Crane GlasBord, Smooth White, Semigloss with trims Dryable with Washable Paint
Roller Shades X Blackout Vinyl Roller Shades, Finish: Reminiscent Grey Recessed Lighting X Recessed LED, White Trim, White Baffle Switches X Leviton Decora Rocker Quite Switch
Outlets X Leviton Decora Series, White
Furniture/Features None
X Upgrade: (4) Single Bed Platform with Storage, Color: Marine Blue Upgrade: Resource Furniture Murphy Bed/Desk
Upgrade: Grab Bars
Upgrade: Blocking for Desks
CONNECT SHELTER 2 Included Option in Base Price
Fit-Out Upgrade Option at Additional Cost
Victorville
Wellness
Center

03.04.2022 NOTE: PRODUCT MODEL STANDARDS ARE SUBJECT TO CHANGE BA SED ON AVAILABILITY IN TIME OF PRODUCTION. ADDITIONALLY, ANY UPGRADES BEYOND CONNECT HOMES STANDARDS MAY CAUSE FURTHER DELAYS.

Systems Mechanical X Ductless Heat Pump (Separate Fan Coil Unit per room for Heating + Cooling) Ventilation X None
Upgrade: Other
Fire: Smoke / CO
Alarms X Kidde Carbon Monoxide Detector with Battery Backup and Voice Alarm Upgrade: Nest
Solar X None
Upgrade: Solar Ready
Thermostats
X Wall Controller
Upgrade: Central Main Controller
Firesprinklers None
X Upgrade: Automatic Wet Firesprinkler System
Ext. Lights Control X Photocell Control
Upgrade: Control/Separate Switches per Room
Power
X 1-1/2" Non metallic PVC Schedule 40 Conduit Stub Out
Upgrade: Nema Plug for Owner Provided Generator
Shelter Support X Bolt to Foundation
4 A
A
B
B
2 2
1 1
40' - 0"
ROOM 01

1.0 ROOM 02

2.0 ROOM 03

3.0 ROOM 04

4.0 10.1 20.1 30.1 40.1
8' - 0"
7'-1" x 8'-5" 7'-1" x 8'-5" 7'-1" x 8'-5" 7'-1" x 8'-5" This floor plan is shown for reference purposes onl y. Connect Homes reserves the right to make changes and substitutions to t his standard floor plan at any time. 0' 5' 10' 20' SHELTER - Plan SHELTER MODEL - CS4 - 4BED CONNECT SHELTER 4 Included Option in Base Price
Fit-Out Upgrade Option at Additional Cost
Victorville
Wellness
Center