Agenda packet — Victorville City Council, September 6, 2022 (part 4 of 5)

CITY OF VICTORVILLE DEVELOPMENT DEPARTMENT
14343 Civic Drive, Victorville, California 92392
(760) 955-5135 FAX (760) 245-8250

MITIGATED NEGATIVE DECLARATION
Preparation Date: April 27, 2022
Revised: August 3, 2022

Name or Title of Project: General Plan Amendment, Planned Unit Development, Site Plan, and Tentative Parcel Map Case No. PLAN21-00023 (Victor Valley Connection)

Location: North of and abutting Bear Valley Road between 2nd and 3rd Avenues, Victorville, CA 92395 (APN No. 3091-221-03 through 3091-221-10 & 30 91-221-12 through 3091-221-21)

Entity or Person Undertaking Project: Bear Valley Road & 2nd Avenue, LLC; c/o Michael Asheghian; MJM Investment Co., LLC; 12300 Wilshire Blvd #410; Los Angeles, CA 90025

Description of Project: MJM Investment Company, LLC., Applicant, is proposing a mixed-use development, Victorville Connection Project (Project), consisting of commercial, retail, office, self-storage, and multi-family residential development on approximately 34.74 acres in the City of Victorville, CA (City), County of San Bernardino. The Project includes approximately 230,632 square feet of commercial, retail, office and self- storage uses on 16.07 acres and 376 multi-family residential dwelling units on 18.67 acres with a density of 20.14 dwelling units per acre (du/ac).

The Project Site is located in the southeast portio n of the City of Victorville on the north side of B ear Valley Road between 2nd Avenue and 3rd Avenue. The site was previously approved for an office/business park use and was graded by a past o wner with curb cuts and driveway entrances, and utilities installed for a previously anticipated de velopment whose entitlements have expired. The site is currently vacant and traversed with dirt roads.

Statement of Findings: The City of Victorville Planning Commission has reviewed the Initial Study for this proposed project and has found that there are no adverse environmental impacts to either the man-made or physical environmental setting if the following mitigation measures are implemented in conformance with the Mitigation Monitoring Policy, and does hereby direct staff to file a Notice of Determination, pursuant to the California Environmental Quality Act (CEQA).

A copy of the Initial Study and other applicable do cuments used to support the proposed Negative Declaration is available for review at the City of Victorville Planning Division.

Mitigation Measures:

Air Quality Measures:

1. (AQ-1) The Project Proponent shall prepare and s ubmit to the MDAQMD, prior to commencing earth-moving activity, a dust control plan that describes all applicable dust control measures that will be implemented at the project. The most current Dust Control Plan Requirements and Dust Control Plan Submission For are available at
http://mdaqmd.ca.gov/permitting/compliance-forms .

2. (AQ-2) The Project Proponent shall ensure that s ignage compliant with MDAQMD Rule 403 Attachment B is erected at the project site entranc e not later than the commencement of construction.

GPA, PUD, SP, & TPM Case No. PLAN21-00023
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3. (AQ-3) The Project Proponent shall ensure that a water truck is used to maintain moist disturbed surfaces and that water is actively spread during visible dusting episodes to minimize fugitive dust emissions. For projects with exposed sand or fines deposits (and for projects that expose such soils through earthmoving), chemical stabilization or covering with a stabilizing layer of gravel will be required to eliminate visible dust/sand from sand/fines deposits.

4. (AQ-4) All perimeter fencing shall be wind fencing or the equivalent, to a minimum of four feet of height or the top of all perimeter fencing. The owner/operator shall maintain the wind fencing as needed to keep it intact and remove windblown dropout. This wind fencing requirement may be suspended by local ordinance, rule or project specific biological mitigation prohibiting wind fencing.

5. (AQ-5) All maintenance and access vehicular roads and parking areas shall be stabilized with chemical, gravel or asphaltic pavement sufficient to eliminate fugitive dust from vehicular travel and wind erosion. Take actions to prevent project-r elated trackout onto paved surfaces, and clean any project-related trackout within 24 hours. All other earthen surfaces within the project area shall be stabilized by natural or irrigated vegetation, compaction, chemical or other means sufficient to prohibit visible fugitive dust from wind erosion.

6. (AQ-6) Obtain MDAQMD permits for any miscellaneous process equipment that may not be exempt under District Rule 219 including, but not limited to internal combustion engines with a manufacture’s maximum continuous rating greater than 50 brake horsepower.

7. (AQ-7) The Project Proponent shall ensure a mini mum duration of 130 days for architectural coating.

Biological Measures:

8. (BIO-1) If Project activities begin during the non-nesting season (non-nesting season is typically from September 16 through December 31), a pre-construction survey shall be performed by a qualified biologist to verify the absence of nesting birds. A qualified biologist shall conduct the pre-activity survey within the Project area (includ ing access routes) and a 300-foot buffer surrounding the Project area, no more than two hours prior to initiating Project activities.

If construction occurs between January 1stand September 15th, a preconstruction clearance survey of the Project site and a 300- foot buffer surrounding the Project area for nesting birds shall be conducted within three (3) days of the sta rt of any vegetation removal or ground disturbing activities to ensure that no nesting birds will be disturbed during construction. Pre- construction clearance surveys shall focus on both direct and indirect evidence of nesting, including nest locations and nesting behavior. The qualified avian biologist will make every effort to avoid potential nest predation as a result of survey and monitoring efforts. The biologist conducting the clearance survey shall document the document a negative survey with a brief letter report indicating that no impacts to active avian nests will occur. If an active avian nest is discovered during the preconstruction clearance sur vey, construction activities shall stay outside of a no-disturbance buffer established by the qualified avian biologist. Nest buffers are species specific and shall be at least 100 feet for passerines and 300 feet for raptors. A smaller or larger no-disturbance buffer may be determined b y the qualified avian biologist and will depend on the level of noise and/or surrounding ant hropogenic disturbances, line of sight between the nest and the construction activity, typ e and duration of construction activity, ambient noise, species habituation, and topographical barriers. These factors will be evaluated GPA, PUD, SP, & TPM Case No. PLAN21-00023
Victor Valley Connection
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on a case-by case basis when developing buffer distances. Limits of construction to avoid an active nest will be established in the field with flagging, fencing, or other appropriate barriers; and construction personnel will be instructed on the sensitivity of nest areas. A qualified avian shall be present to delineate the boundaries of the buffer area and to monitor the active nest to ensure that nesting behavior is not adversely affec ted by the construction activity. Once the young have fledged and left the nest, or the nest o therwise becomes inactive under natural conditions, construction activities within the buffer area can occur. The qualified biologist has the authority to stop work if nesting pairs exhibit signs of disturbance.

Cultural Resource Measures:

9. (CR-1) In the event that cultural resources are discovered during project activities, all work in the immediate vicinity of the find (within a 60-foo t buffer) shall cease and a qualified archaeologist meeting Secretary of Interior standards shall be hired to assess the find. Work on the other portions of the project outside of the buffered area may continue during this assessment period. Additionally, the San Manuel Band of Mission Indians Cultural Resources Department (SMBMI) and any other noticed tribes shall be contacted, as detailed within TCR- 1, regarding any pre-contact and/or historic-era fi nds and be provided information after the archaeologist makes his/her initial assessment of the nature of the find, so as to provide Tribal input with regards to significance and treatment.

If significant pre-contact and/or historic-era cult ural resources, as defined by CEQA (as amended, 2015), are discovered and avoidance cannot be ensured, the archaeologist shall develop a Monitoring and Treatment Plan, the drafts of which shall be provided to SMBMI and any other noticed tribes for review and comment, as detailed within TCR-1. The archaeologist shall monitor the remainder of the project and implement the Plan accordingly.

10. (CR-2) If human remains or funerary objects are encountered during the undertaking, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the County Coroner has made a determination of the orig in and disposition of remains pursuant to Public Resources Code Section 5097.98. The Count y Coroner must be notified of the find immediately. If the remains are determined to be prehistoric, the Coroner will notify the Native American Heritage Commission (NAHC), which will det ermine and notify a Most Likely Descendant (MLD). With the permission of the landowner or his/her authorized representative, the MLD may inspect the site of the discovery. The MLD shall complete the inspection within 48 hours of notification by the NAHC.

Geology and Soils Measures:

11. (GEO-1) Excavation activity associated with the development of the project area would impact paleontologically sensitive Pleistocene alluvial un its and may uncover paleontological resources. The project will therefore be subjected to a paleontological monitoring program designed to meet the standards, policies, and guidelines of the San Bernardino County Museum Department of Earth Sciences for excavations that would impact older Quaternary alluvium. The program requirements would be based on the depth of older alluvium and final project design.

The required monitoring program shall be submitted to the City of Victorville prior to the issuance of a permit for any ground disturbing activities, subject to review and approval by the Zoning Administrator or their designee.

GPA, PUD, SP, & TPM Case No. PLAN21-00023
Victor Valley Connection
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Greenhouse Gas:

12. (GHG-1) Prior to the issuance of building permi ts, the applicant/developer shall complete a current Greenhouse Gas Emissions Screening Table in accordance with the City’s adopted version of the San Bernardino County Regional Greenhouse Gas Reduction Plan 2021, while achieving the minimum number of points necessary to comply with the City of Victorville Greenhouse Gas reductions goals.

13. (GHG-2) To the extent feasible, the City of Vic torville Planning Department shall verify incorporation of the identified Screening Table Measures within the Project building plans/site designs and/or verify compliance with an updated ve rsion of the City’s Greenhouse Gas Screening Table prior to the issuance of building permit(s).

Hydrology and Water:

14. (WTR-1) Prior to issuance of a grading permit t he applicant shall obtain coverage under the statewide general NPDES permit for control of const ruction and post-construction related storm water in accordance with the requirements of the Small MS4 General Permit. In addition, the applicant shall:

• Prepare a project specific Storm Water Pollution Pr evention Plan (SWPPP) as required in the NPDES permit and shall identify site-specific e rosion and sediment control best management practices that will be implemented;
• The SWPPP shall be applicable to all areas of the project site including construction areas, access roads to and through the site, and staging and stockpile areas; • Temporary best management practices for all compone nts of the project must be implemented until such time as permanent post-construction best management practices are in place and functioning; and
• All excess sediment excavated as part of the Projec t that is not used onsite should be stockpiled in a location such that it will not be transported by wind or water into a surface water. An adequate combination of sediment and eros ion control BMPs must be implemented and maintained to temporarily stabilize all stockpiled sediment until such time that it is reused and/or permanently stabilized.

15. (WTR-2) The applicant/developer shall prepare a nd implement a comprehensive Spill Prevention and Response Plan for the Project, subje ct to review and approval by the City Planner and City Engineer (or their designee) prior to the issuance of any associated building or grading permit. This plan should outline the site-specific monitoring requirements and list the best management practices necessary to prevent hazardous material spills or to contain and cleanup a hazardous material spill, should one occur.

Transportation:

Adherence to the subject mitigation measures shall be included in associated street improvement plans and the final map as deemed necessary by the City Engineer.

GPA, PUD, SP, & TPM Case No. PLAN21-00023
Victor Valley Connection
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Tribal Cultural Resources Measures:

17. (TCR-1) The San Manuel Band of Mission Indians Cultural Resources Department (SMBMI) and any other noticed tribes for review and comment sha ll be contacted, as detailed in CR-1, of any pre-contact and/or historic-era cultural resour ces discovered during project implementation, and be provided information regarding the nature of the find, so as to provide Tribal input with regards to significance and treatment. Should the find be deemed significant, as defined by CEQA (as amended, 2015), a cultural resources Monitoring and Treatment Plan shall be created by the archaeologist, in coordination with SMBMI and any other noticed tribes for review and comment, and all subsequent finds shall be subject to this Plan. This Plan shall allow for a monitor to be present that represents SMBMI and any other noticed tribes for review and comment for the remainder of the project, should SMBMI and any other noticed tribes for review and comment elect to place a monitor on-site.

18. (TCR-2) Any and all archaeological/cultural documents created as a part of the project (isolate records, site records, survey reports, testing repo rts, etc.) shall be supplied to the applicant and Lead Agency for dissemination to SMBMI and any other noticed tribes for review and comment. The Lead Agency and/or applicant shall, in good faith, consult with SMBMI and any other noticed tribes for review and comment throughout the life of the project.

Public Review Period: April 29, 2022 to May 30, 2022.

Tentative Public Hearing Date: June 8, 2022

MITIGATION MONITORING AND REPORTING PROGRAM
FOR SITE PLAN CASE NO. PLAN21-00023

SITE PLAN CASE NO. PLAN21-00023 1 March 2022

The following mitigation measures have been identif ied in a Mitigated Negative Declaration prepared for a General Plan Amendment, Planned Unit Development, Site Plan, and Tentative Parcel Map (Case No. PLAN21-00023 Victor Valley Connection) The Victorville Valle Connection (Project),consists of commercial, retail, office, s elf-storage, and multi-family residential development and is located North of and abutting Be ar Valley Road between 2nd and 3rd Avenues.

A completed and signed checklist for each measure i ndicates that a measure has been implemented, and fulfills the City’s monitoring req uirements with respect to Public Resources Code Section 21081.6.

MITIGATION MONITORING AND REPORTING PROGRAM
FOR SITE PLAN CASE NO. PLAN21-00023

SITE PLAN CASE NO. PLAN21-00023 2 March 2022

Mitigation Measures
Responsible
Part y
Timing of
Compliance
Signature and Date
of C ompliance
Air Quality Measures

1. (AQ-1) The Project Proponent shall prepare and submi t to the MDAQMD, prior to commencing earth-moving activity, a dust control plan that describes all applicable dust control mea sures that will be implemented at the project. The most current Dust C ontrol Plan Requirements and Dust Control Plan Submission For are available at http://mdaqmd.ca.gov/permitting/compliance-forms.

Project Construction
Superintendent

Project Developer
Prior to building
permit issuance

2. (AQ-2) The Project Proponent shall ensure that s ignage compliant with MDAQMD Rule 403 Attachment B is erected at the project site entrance not later than the commencement of construction.

Project Construction
Superintendent

Project Developer
Prior to site
disturbance

For projects with exposed sand or fines deposits (and for projects that expose such soils through earthmoving), chemical st abilization or covering with a stabilizing layer of gravel will be required to eliminate visible dust/sand from sand/fines deposits.

Project Construction
Superintendent

Project Developer
Implementation on-
going during
construction

4. (AQ-4) All perimeter fencing shall be wind fencing or the equivalent, to a minimum of four feet of height or the top of all perimeter fencing. The owner/operator shall maintain the wind fencing as n eeded to keep it intact and remove windblown dropout. This wind fencing requirement may be suspended by local ordinance, rule or projec t specific biological mitigation prohibiting wind fencing.

Project Construction
Superintendent

Project Developer
Implementation on-
going during
construction

5. (AQ-5) All maintenance and access vehicular road s and parking areas shall be stabilized with chemical, gravel or asphaltic pavement sufficient to eliminate fugitive dust from vehicula r travel and wind erosion. Take actions to prevent project-related tr ackout onto paved surfaces, and clean any project-related trackout wi thin 24 hours. All other earthen surfaces within the project area shal l be stabilized by natural or irrigated vegetation, compaction, chemical or other means sufficient to prohibit visible fugitive dust from wind erosion.

Project Construction
Superintendent

Project Developer
Implementation on-
going during
construction

MITIGATION MONITORING AND REPORTING PROGRAM
FOR SITE PLAN CASE NO. PLAN21-00023

SITE PLAN CASE NO. PLAN21-00023 3 March 2022

6. (AQ-6) Obtain MDAQMD permits for any miscellaneo us process equipment that may not be exempt under District Rule 219 including, but not limited to internal combustion engines with a manufacture’s maximum continuous rating greater than 50 brake horsepower.

Project Construction
Superintendent

Project Developer
Implementation on-
going during
construction

7. (AQ-7) The Project Proponent shall ensure a mini mum duration of 130 days for architectural coating.

Project Construction
Superintendent

Project Developer
During project
grading and
construction activities

Biological Measures

8. (BIO-1) If Project activities begin during the non-nesting season (non-nesting season is typically from September 16 through December 31), a pre-construction survey shall be pe rformed by a qualified biologist to verify the absence of nestin g birds. A qualified biologist shall conduct the pre-activity survey wit hin the Project area (including access routes) and a 300-foot buffer sur rounding the Project area, no more than two hours prior to initi ating Project activities.

If construction occurs between January 1stand Septe mber 15th, a preconstruction clearance survey of the Project sit e and a 300- foot buffer surrounding the Project area for nesting bir ds shall be conducted within three (3) days of the start of any vegetation removal or ground disturbing activities to ensure that no nesting birds will be disturbed during construction. Pre-construc tion clearance surveys shall focus on both direct and indirect evi dence of nesting, including nest locations and nesting behavior. The qualified avian biologist will make every effort to avoid potential nest predation as a result of survey and monitoring efforts. The biolog ist conducting the clearance survey shall document the document a nega tive survey with a brief letter report indicating that no impac ts to active avian nests will occur. If an active avian nest is discov ered during the preconstruction clearance survey, construction acti vities shall stay outside of a no-disturbance buffer established by t he qualified avian biologist. Nest buffers are species specific and sh all be at least 100 feet for passerines and 300 feet for raptors. A sma ller or larger no- disturbance buffer may be determined by the qualified avian biologist Project Developer

Project Biologist
Prior to site
disturbance

MITIGATION MONITORING AND REPORTING PROGRAM
FOR SITE PLAN CASE NO. PLAN21-00023

SITE PLAN CASE NO. PLAN21-00023 4 March 2022

and will depend on the level of noise and/or surrou nding anthropogenic disturbances, line of sight between t he nest and the construction activity, type and duration of constru ction activity, ambient noise, species habituation, and topographic al barriers.

These factors will be evaluated on a case-by case b asis when developing buffer distances. Limits of construction to avoid an active nest will be established in the field with flagging , fencing, or other appropriate barriers; and construction personnel will be instructed on the sensitivity of nest areas. A qualified avian sh all be present to delineate the boundaries of the buffer area and to monitor the active nest to ensure that nesting behavior is not adverse ly affected by the construction activity. Once the young have fledged and left the nest, or the nest otherwise becomes inactive under natura l conditions, construction activities within the buffer area can occur. The qualified biologist has the authority to stop work if nesting pairs exhibit signs of disturbance.

MITIGATION MONITORING AND REPORTING PROGRAM
FOR SITE PLAN CASE NO. PLAN21-00023

SITE PLAN CASE NO. PLAN21-00023 5 March 2022

Cultural Resource Measures

9. (CR-1) In the event that cultural resources are discovered during project activities, all work in the immediate vicinity of the find (within a 60-foot buffer) shall cease and a qualified archaeo logist meeting Secretary of Interior standards shall be hired to assess the find. Work on the other portions of the project outside of the buffered area may continue during this assessment period. Additionally, the San Manuel Band of Mission Indians Cultural Resources Department (SMBMI) and any other noticed tribes shall be contacted, as detailed within TCR-1, regarding any pre-contact and/or historic-era finds and be provided information after the archaeologist makes his/her initial assessment of the nature of the find, so as to provide Tribal inp ut with regards to significance and treatment.

If significant pre-contact and/or historic-era cult ural resources, as defined by CEQA (as amended, 2015), are discovered and avoidance cannot be ensured, the archaeologist shall develop a Monitoring and Treatment Plan, the drafts of which shall be provid ed to SMBMI and any other noticed tribes for review and comment, as detailed within TCR-1. The archaeologist shall monitor the remainde r of the project and implement the Plan accordingly.

Project Developer

Project Construction
Superintendent

Project
Archaeologist
Implementation on-
going during
construction

10. (CR-2) If human remains or funerary objects are encountered during the undertaking, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the C ounty Coroner has made a determination of the origin and disposition of remains pursuant to Public Resources Code Section 5097.98. The County Coroner must be notified of the find immediately. I f the remains are determined to be prehistoric, the Coroner will noti fy the Native American Heritage Commission (NAHC), which will det ermine and notify a Most Likely Descendant (MLD). With the per mission of the landowner or his/her authorized representative, the MLD may inspect the site of the discovery. The MLD shall complete t he inspection within 48 hours of notification by the NAHC.

Project Developer

Project
Archaeologist

Project Construction
Superintendent
On-going during
construction

MITIGATION MONITORING AND REPORTING PROGRAM
FOR SITE PLAN CASE NO. PLAN21-00023

SITE PLAN CASE NO. PLAN21-00023 6 March 2022

Geology and Soils Measures

11. (GEO-1) Excavation activity associated with the development of the project area would impact paleontologically sensiti ve Pleistocene alluvial units and may uncover paleontological resources. The project will therefore be subjected to a paleontological mo nitoring program designed to meet the standards, policies, and guide lines of the San Bernardino County Museum Department of Earth Scienc es for excavations that would impact older Quaternary allu vium. The program requirements would be based on the depth of older alluvium and final project design. The required monitoring program shall be submitted to the City of Victorville prior to the issuance of a permit for any ground disturbing activities, subject to review and approval by the Zoning Administrator or their designee.

Project Developer

City Planner
Prior to site
disturbance

Greenhouse Gas Measures

12. (GHG-1) Prior to the issuance of building permi ts, the applicant/developer shall complete a current Greenh ouse Gas Emissions Screening Table in accordance with the Ci ty’s adopted version of the San Bernardino County Regional Green house Gas Reduction Plan 2021, while achieving the minimum number of points necessary to comply with the City of Victorville Gr eenhouse Gas reductions goals.

Project Developer
Project Architect
Prior to building
permit issuance

13. (GHG-2) To the extent feasible, the City of Vic torville Planning Department shall verify incorporation of the identi fied Screening Table Measures within the Project building plans/si te designs and/or verify compliance with an updated version of the Ci ty’s Greenhouse Gas Screening Table prior to the issuance of building permit(s).

City Planner
Prior to building
permit issuance

MITIGATION MONITORING AND REPORTING PROGRAM
FOR SITE PLAN CASE NO. PLAN21-00023

SITE PLAN CASE NO. PLAN21-00023 7 March 2022

Hydrology and Water Quality

14. (WTR-1) Prior to issuance of a grading permit t he applicant shall obtain coverage under the statewide general NPDES p ermit for control of construction and post-construction relat ed storm water in accordance with the requirements of the Small MS4 G eneral Permit.

In addition, the applicant shall:

• Prepare a project specific Storm Water Pollutio n Prevention Plan (SWPPP) as required in the NPDES permit and shall i dentify site- specific erosion and sediment control best manageme nt practices that will be implemented;
• The SWPPP shall be applicable to all areas of the project site including construction areas, access roads to and t hrough the site, and staging and stockpile areas;
• Temporary best management practices for all comp onents of the project must be implemented until such time as perm anent post- construction best management practices are in place and functioning; and
All excess sediment excavated as part of the Project that is not used onsite should be stockpiled in a location such that it will not be transported by wind or water into a surface water. An adequate combination of sediment and erosion control BMPs mu st be implemented and maintained to temporarily stabilize all stockpiled sediment until such time that it is reused and/or p ermanently stabilized.

Project Construction
Superintendent

Project Developer
Prior to building
permit issuance

15. (WTR-2) The applicant/developer shall prepare a nd implement a comprehensive Spill Prevention and Response Plan fo r the Project, subject to review and approval by the City Planner and City Engineer (or their designee) prior to the issuance of any associated building or grading permit. This plan should outline the site-s pecific monitoring requirements and list the best management practices necessary to prevent hazardous material spills or to contain and cleanup a hazardous material spill, sh ould one occur.

Project Construction
Superintendent

Project Developer
Prior to grading or
building permit
issuance

MITIGATION MONITORING AND REPORTING PROGRAM
FOR SITE PLAN CASE NO. PLAN21-00023

SITE PLAN CASE NO. PLAN21-00023 8 March 2022

Transportation Measures

16. (TRAN-1) The Applicant/Developer shall be respo nsible for implementing all required mitigation measures as ou tlined in the Traffic Impact Analysis prepared for the subject project on December 3, 2020 by TJW Engineering, inc., as approved by th e City Traffic Engineer. Adherence to the subject mitigation meas ures shall be included in associated street improvement plans and the final map as deemed necessary by the City Engineer.

Project Developer
City Engineer

Prior to building
permit issuance and
on-going until final
construction

Tribal Cultural Resource Measures

17. (TCR-1)
The San Manuel Band of Mission Indians Cultural Res ources Department (SMBMI) and any other noticed tribes for review and comment shall be contacted, as detailed in CR-1, of any pre-contact and/or historic-era cultural resources discovered d uring project implementation, and be provided information regardi ng the nature of the find, so as to provide Tribal input with regards to significance and treatment. Should the find be deemed significant, a s defined by CEQA (as amended, 2015), a cultural resources Monit oring and Treatment Plan shall be created by the archaeologist, in coordination with SMBMI and any other noticed tribes for review and comment, and all subsequent finds shall be subject to this P lan. This Plan shall allow for a monitor to be present that represents S MBMI and any other noticed tribes for review and comment for the remainder of the project, should SMBMI and any other noticed tribes for review and comment elect to place a monitor on -site.

Project Developer

Project
Archaeologist

Project Construction
Superintendent
On-going during
construction

18. Any and all archaeological/cultural documents c reated as a part of the project (isolate records, site records, survey reports, testing reports, etc.) shall be supplied to the applicant a nd Lead Agency for dissemination to SMBMI and any other noticed tribes for review and comment. The Lead Agency and/or applicant shall, in good faith, consult with SMBMI and any other noticed tribes for review and comment throughout the life of the project.

Project Developer

Project
Archaeologist

Project Construction
Superintendent
On-going during
construction

CITY COUNCIL

ATTACHMENT K
SWRCC Comments
(Updated August 10, 2022)

P: (626) 381-9248
F: (626) 389-5414
E: [email protected]

Mitchell M. Tsai
Attorney At Law
139 South Hudson Avenue
Suite 200
Pasadena, California 91101

VIA E-MAIL
August 10, 2022
Victorville Planning Commission
City of Victorville
14343 Civic Dr.

Victorville, CA 92392
Em: [email protected]
RE: Agenda Item No. 2: Victor Valley Connection Project Dear Honorable Commissioners,
On behalf of the Southwest Regional Council of Carpenters (“Southwest Carpenters”), my Office is submitting these comments to the City of Victorville (“City”) regarding the Victor Valley Connection Project (“Project”).

The Southwest Carpenters would like to express their support for this Project as the organization has reached an agreement with the Developer that adequately mitigates all of the concerns raised in its previous May 27, 2022 comment letter. Accordingly, the Southwest Carpenters do not oppose the Project.

If the City has any questions or concerns, feel free to contact my Office.

Sincerely,

______________________
Talia Nimmer
Attorneys for Southwest Regional
Council of Carpenters

CITY COUNCIL

ATTACHMENT L
Aerial Image
Case Type: General Plan Amendment, Planned Unit Development, Site Plan and Tentative Parcel MapExisting Zoning: C-2T (General Commercial - Transitional)Project Area: Approximately 34 AcresLocation: North of and abutting Bear Valley Road between Second Avenue and Third AvenueAssessor Parcel Number: 3091-221-03 through 21CASE: PLAN21-00023

NPROJECT SITE
Item Number: 3
City Council / Board of Directors
Public Hearing(s)
Meeting of: September 6, 2022
Submitted By:

Brian Gengler, City Engineer

Subject:

Annexation of Tract Map No. 20275 into Drainage Facilities Assessment District No. 1 and Landscape Maintenance Assessment District No. 6
Recommendation:

That the Honorable City Council:
(1) Conduct the public hearing;
(2) Take testimony;
(3) Conclude the public hearing and direct the City Clerk to tabulate the assessment ballots;
(4) Adopt Resolution Nos. 22-101 and 22-102 declaring the results of the property owner protest ballots;
(5) If no majority protest exists, adopt Resolution Nos. 22-103 and 22-104 confirming that no majority protest exists, adopting the Engineer’s Reports as final, ordering the annexation of Tract Map No. 20275 to Drainage Facilities assessment District No. 1 and Landscape Maintenance Assessment District No. 6, and the levy and collection of assessments on the parcels therein commencing in Fiscal Year 2023/2024.

Fiscal Impact:

There is no fiscal impact associated with the approval of resolutions listed above.

Maintenance and servicing of the drainage and landscaping improvements in future years will be covered by the subsequent annual assessments levied on these and other properties within the boundaries of their assigned districts.

Background:

The property owner for Tract Map No. 20275 (Tract 20275) has petitioned the City to annex the tract into the City-Wide Drainage Facilities Assessment District No. 1 (DFAD No. 1) and the Landscape Maintenance Assessment District No. 6 (LMAD No. 6) in order to comply with the Conditions of Approval. Tract 20275 is a proposed 135-lot single-family subdivision that includes drainage and landscaping improvements within the tract, it is 2 7
6 2
located at the southeast corner of Monte Vista Road and Luna Road (Attachment A – Vicinity Map). This annexation will provide for the perpetual maintenance and servicing of the drainage and landscape improvements by means of a new annual assessment to each property within Tract 20275.

At the July 19, 2022, City Council meeting, the Engineer’s Reports were preliminarily approved, the intent to annex Tract 20275 to DFAD No. 1 and LMAD No. 6 was declared, the public hearing was set to September 6, 2022, and the mailing of the public hearing notices and assessment ballots to the property owners within Tract 20275 were ordered by the City Council. The ballots were mailed on July 21, 2022, meeting the required 45- day period preceding this City Council meeting.

Discussion:

The testimony regarding the proposed annexation and assessments will be considered and the assessment ballots will be tabulated. Based upon the tabulation results provided by the City Clerk, the City Council shall determine if there is a majority protest. A majority protest exists if the number of ballots submitted in opposition exceeds the number of ballots submitted in favor of the annexation and assessments, as weighted in accordance with applicable law. If there is no majority protest, City Council may adopt Resolution Nos. 22-103 and 22-104 confirming that no majority protest exists, adopting the Engineer’s Reports as final, ordering the annexation of Tract Map No. 20275 to DFAD No. 1 and LMAD No. 6, and the levy and collection of assessments on the parcels therein commencing in Fiscal Year 2023/2024.

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

Attachments: A. Vicinity Map
B. Resolution No. 22-101
C. Resolution No. 22-102
D. Resolution No. 22-103
E. Resolution No. 22-104
F. Mailed Assessment Ballots
G. July 19, 2022 Staff Report
Attachment A
Vicinity Map

Tract No. 20275

Attachment B
Resolution No. 22-101

Page 1 ends

RESOLUTION NO. 22-101
RE

SOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE,

CALIFORNIA, DECLARING THE RESULTS OF THE PROPERTY

OWNER PROTEST BALLOT PROCEEDINGS CONDUCTED FOR THE

PROPOSED LEVY OF ASSESSMENTS RELATED TO THE
ANNEXATION OF TRACT MAP NO. 20275 TO VICTORVILLE
DRAINAGE FACILITIES ASSESSMENT DISTRICT NO. 1 ,
COMMENCING IN FISCAL YEAR 2023/2024
W
HEREAS, the City Council of the City of Victorville (the “City”) pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Part 2, Division 15 of the California Streets and Highways Code, commencing with Section 22500 (hereafter referred to as the “Act”), did by previous resolutions, initiate proceedings for the annexation of territory to the City of Victorville Drainage Facilities Assessment District No. 1 (“DFAD No. 1’) consisting of Assessor Parcel Number book 3133, page 111, parcels 01, Tract Map No. 20275 (“Annexation Territory”) and declared its intention to conduct a protest balloting for the levy of new assessments within the Annexation Territory commencing in Fiscal Year 2023/2024 for the special benefits received by properties therein for the operation, maintenance and servicing of landscaping and lighting improvements, and all appurtenant facilities related thereto; and, W
HEREAS, in accordance with the provisions of the California Constitution, Article XIIID, the City Council has caused and conducted a property owner protest ballot proceeding for the proposed new assessments to be levied on properties within the Annexation Territory; and,
W
HEREAS, the assessment presented to the property owner of record within the Annexation Territory reflects the special benefit and financial obligation for the costs and expenses related to the maintenance, servicing and operation of local landscaping and lighting improvements therein as authorized by the Act and the provisions of the California Constitution and the ballot presented clearly identified the total amount balloted on the property, the proposed assessment rate, the property’s annual amount commencing with Fiscal Year 2022/2023 and the inflationary adjustment applicable to future assessments (2023/2024); and
W
HEREAS, upon the close of the Public Hearing held on September 6, 2022, the protest ballots returned by the landowner of record within the Annexation Territory, w as opened and tabulated, the results of which are illustrated below:

City of Victorville Drainage Facilities Assessment District No. 1 Tract Map No. 20275
Yes _________________
No ________________ _

Page 2 ends

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

Section 1. The above recitals are true and correct.

Section 2. The protest proceedings were conducted with the notices and ballots of the proposed new assessments presented to the qualified property owners within the Annexation Territory as required by law, with a required receipt of the returned ballots to the City Clerk prior to the close of the Public Hearing on September 6, 2022.

Section 3. The canvass of the protest ballot cast for the proposed assessment and Annexation Territory, received prior to the close of the public hearing and weighted according to the proportional financial obligation of the affected properties is hereby approved and confirmed.

Section 4. The City Clerk is hereby directed to enter this Resolution on the minutes of this meeting, which shall constitute the official declaration of the result of such property owner protest ballot proceeding.

Section 5. This Resolution shall become effective immediately upon its adoption and the City Clerk shall certify the adoption of this Resolution.

Attachment C
Resolution No. 22-102

Page 1 ends

RESOLUTION NO. 22-102
RE

SOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE,

CALIFORNIA, DECLARING THE RESULTS OF THE PROPERTY

OWNER PROTEST BALLOT PROCEEDINGS CONDUCTED FOR THE

PROPOSED LEVY OF ASSESSMENTS RELATED TO THE
ANNEXATION OF TRACT MAP NO. 20275 TO VICTORVILLE
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 6 ,
COMMENCING IN FISCAL YEAR 2023/2024
W
HEREAS, the City Council of the City of Victorville (the “City”) pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Part 2, Division 15 of the California Streets and Highways Code, commencing with Section 22500 (hereafter referred to as the “Act”), did by previous resolutions, initiate proceedings for the annexation of territory to the City of Victorville L andscape Maintenance Assessment District No. 6 (“LMAD No. 6”) consisting of Assessor Parcel Number book 3133, page 111, parcels 01, Tract Map No. 20275 ( “Annexation Ter ritory”) and declared its intention to conduct a protest balloting for the levy of new assessments within the Annexation Territory commencing in Fiscal Year 2023/20 24 for the special benefits received by properties therein for the operation, maintenance and servicing of landscaping and lighting improvements, and all appurtenant facilities related thereto; and, W
HEREAS, in accordance with the provisions of the California Constitution, Article XIIID, the City Council has caused and conducted a property owner protest ballot proceeding for the proposed new assessments to be levied on properties within the Annexation Territory; and,
W
HEREAS, the assessment presented to the property owner of record within the Annexation Territory reflects the special benefit and financial obligation for the costs and expenses related to the maintenance, servicing and operation of local landscaping and lighting improvements therein as authorized by the Act and the provisions of the California Constitution and the ballot presented clearly identified the total amount balloted on the property, the proposed assessment rate, the property’s annual amount commencing with Fiscal Year 2022/2023 and the inflationary adjustment applicable to future assessments (2023/2024); and
W
HEREAS, upon the close of the Public Hearing held on September 6, 2022, the protest ballots returned by the landowner of record within the Annexation Territory, w as opened and tabulated, the results of which are illustrated below:

City of Victorville Landscape Maintenance Assessment District No. 6 Tract Map No. 20275
Yes _________________
No ________________ _

Page 2 ends

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

Section 1. The above recitals are true and correct.

Section 5. This Resolution shall become effective immediately upon its adoption and the City Clerk shall certify the adoption of this Resolution.

Attachment D
Resolution No. 22-103
1 RESOLUTION NO. 22-103

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VICTORVILLE CONFIRMING THAT NO MAJORITY PROTEST EXISTS; ADOPTING THE ENGINEER’S REPORT AS FINAL ; ORDERING THE ANNEXATION OF TRACT MAP NO. 20275 TO VICTORVILLE
DRAINAGE FACILITIES ASSESSMENT DISTRICT NO. 1 AND THE

LEVY AND COLLECTION OF ASSESSMENTS ON THE PARCELS
THEREIN COMMENCING IN FISCAL YEAR 2023/2024;

WHEREAS, on July 19, 2022, the City Council of the City of Victorville (the “City”) pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Part 2, Division 15 of the California Streets and Highways Code, commencing with Section 22500 (hereafter referred to as the “Act”), did by previous resolutions, initiate proceedings for the annexation of territory to the City of Victorville Drainage Facilities Assessment District No. 1 (“DFAD No. 1” ) consisting of Assessor Parcel Number book 3133, page 111, parcels 01, Tentative Tract Map No. 20275 (“Annexation Territory”) and declared its intention to conduct a protest balloting for the levy of new assessments within the Annexation Territory commencing in Fiscal Year 20 23/2024 for the special benefits received by propertie s therein for the operation, maintenance and servicing of landscaping and lighting improvements, and all appurtenant facilities related thereto in accordance with the provisions of the California Constitution Article XIIID (the “Constitution”); and,

WHEREAS, on July 19, 2022 , an Engineer’s Report containing an Assessment Diagram was prepared, filed, and presented to the City Council in connection with the proceedings for the annexation of the property within the Annexation Territory and the annual levy of assessments related thereto commencing on Fiscal Year 20 23/2024 as required by the Act and the Constitution along with an inflationary adjustment effective 20223/2024; and;

WHEREAS, on July 19, 2022 the City Council also adopted Resolution No. 22- 031, declaring its intent to annex Tract Map No. 20275 to DFAD No. 1, to levy and collect the assessments as permitted by the Act to provide for the perpetual maintenance of the designated landscape area therein, commencing in Fiscal Year 2023/2024, if no majority protest existed following public notice, hearing and balloting conducted in accordance with the provisions of Article XIII D, Section 4 of the California Constitution, Section 22588 of the Act, and Government Code section 53753 (hereinafter collectively “ Applicable Law”); and

WHEREAS, the City Council has duly held a public hearing regarding these matters and has conducted a property owner protest ballot proceeding for the proposed annexation and assessments related thereto, the results of which have been presented and confirmed by this City Council; and

WHEREAS, notices of the public hearing and assessment ballots containing the information required by Applicable Law were mailed to all property owners in Tract Map No. 20275 at least 45 days (unless noticing period waived by the property owner in form 2 of a signed agreement) prior to the date of the public hearing at which testimony regarding the proposed assessments were to be considered and tabulation of the mailed assessment ballots were to occur; and

WHEREAS, at the September 6, 2022, public hearing, the City Council considered all objections and protests for the annexation and assessments for Tract Map No. 20275, and all interested persons were permitted to present written and verbal testimony; and

WHEREAS, at the conclusion of the public hearing, th e City Clerk unsealed and tabulated all of the assessment ballots submitted and not withdrawn; and

WHEREAS, based upon the tabulation results provided by the City Clerk, the City Council finds and determines that the number of ballots submitted in favor of the annexation and assessments, as weighted in accordance with Applicable Law, exceed the assessment ballots submitted in opposition to annexation and assessments, also as weighted in accordance with Applicable Law; therefore, no majority protest to the annexation and assessments within Tract Map No. 20275 exists; and

WHEREAS, there being no majority protest against the annexation and assessments for Tract Map No. 20275, the City Council now wishes to confirm its final adoption of the Engineer’s Report; order the annexation of Tract Map No. 20275 to DFAD No. 1 and the levy and collection of the assessments on the parcels therein; authorize the improvements (ongoing maintenance of the drainage landscape and irrigation ) to be made, all as specified in the final approved Engineer’s Report effective as of Fiscal Year 2022/2023.

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 are true and correct, and together with the definitions set forth therein, are hereby made part of this Resolution by this reference.

Section 2. Hearing and Determination that No Majority Protest Exists.

That following notice d uly given, the City Council has held a full and fair public hearing regarding the annexation and assessments for the parcels within Tract Map No. 20275; the approval of the Engineer’s Report prepared in connection therewith; considered all oral and written statements, protests and communications made or filed by interested persons; and determined that a property owner majority protest for the Changes of Organization and Assessments for Tract Map No. 20275 does not exist.

Section 3. Final Approval and Adoption of Engineer’s Report.

The Engineer’s Report and Assessment Diagram connected therewith as approved, shall constitute the territory and properties within the Annexation Territory, and 3 confirm and establish the method of apportionment and the maximum assessment rate including the assessment range formula as presented to the property owners of record in the ballot proceeding. Said assessments as described in the Engineer’s Report as submitted or amended, including the assessment range formula described therein, are hereby confirmed, and adopted by the City Council.

Section 4. Special Benefit.

Based upon its review (and amendments, as applicable) of the Engineer’s Report, which has been filed with the City Clerk, the City Council hereby finds and determines that:
4a) The land within the Annexation Territory which will include 135 single- family lots at build-out as approved will receive special benefit from the operation, maintenance and servicing of drainage landscaping, irrigation improvements and all appurtenant facilities related thereto, to be provided by the District as described in the approved Engineer’s Report.

4b) The Annexation Territory as defined by the Assessment Diagrams in the approved Engineer’s Report includes all the lands receiving such special benefit.

4c) The net amount to be assessed upon the land within the Annexation Territory as approved has been applied based on the formula and method which fairly applies the net amount on the parcel based on the special benefit to be received b y the parcel from the improvements and services to be provided commencing with Fiscal Year 2022/2023.

Section 5. Improvements Authorized.

The City Council hereby orders the proposed improvements as described within the approved Engineer’s Report to be made. The improvements so described generally include, but are not limited to, the maintenance, servicing, rehabilitation, and irrigation of the local improvements established or installed in connection with the development of properties within the approve d Annexation Territory or directly associated with the properties within those Annexation Territories and shall be maintained by the City for the special benefit of the properties therein pursuant to the Act.

Section 6. Annexation Ordered.

The adoption of this Resolution constitutes the annexation of the approved Annexation Territory to the District, the boundaries of which are contained in the Assessment Diagram; the establishment of the maximum assessment rate and assessment range formula conn ected therewith; and the assessment for the fiscal year commencing July 1, 20 23 and ending June 30, 20 24, as described in the approved Engineer’s Report and adopted by the City Council, and the County Auditor of San Bernardino shall enter on the County Ass essment Roll opposite each parcel of land the amount of levy so described in the approved Engineer’s Report, and such levies shall be collected annually at the same time and in the same manner as the County taxes are 4 collected. After collection by the Coun ty, the net amount of the levy shall be paid to the City Treasurer.

Section 8. Levy and Collection of Assessments.

That commencing as of Fiscal Year 2023/2024, the City Council orders the annual assessments be levied and collected for each of the parcels of land in Tract Map No. 20275, in the amounts as set forth in the Engineer’s Report approved and adopted by this Resolution.

Section 9. Annexation Reflected in the Consolidated Annual Drainage Facilities Assessment District Engineer’s Report.

That the City Engineer or their designee is hereby authorized and directed to reflect the annexation and cause the levy of the assessments for each of the parcels in Tract Map No. 20275 by including the annexed parcels and such other required information from the Engineer’s Report as approved hereby , in the consolidated Drainage Facilities Assessment District Engineer’s Report for Fiscal Year 2023/2024.

Section 10. Certification

The City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the City Council’s approval of the annexation of the Annexation Territory ; the adoption and confirmation of the Assessment Diagram; and the establishment of the maximum assessment rate(s), assessment range formula and the assessments for Fiscal Year 2022/2023 as described in the approved Engineer’s Report as submitted or amended herein.

Section 11. Effective Date.

That this Resolution shall be effective immediately upon its adoption.

City of Victorville

Engineer’s Report
Drainage Facilities Assessment
District No. 1
Annexation of Tract No. 20275

Commencing Fiscal Year 2022/2023

Intent Meeting: July 19, 2022
Public Hearing: September 6, 2022
Updated: July 2022

27368 Via Industria
Suite 200
Temecula, CA 92590
T 951.587.3500
F 951.587.3510

www.willdan.com/financial

ENGINEER'S ANNEXATION REPORT AFFIDAVIT
City of Victorville
Drainage Facilities Assessment District No. 1
Annexation of Tract No. 20275
Commencing in Fiscal Year 2022/2023
City of Victorville,
San Bernardino County, State of California

Reference is hereby made to the San Bernardino County Assessor’s Parcel Map for a detailed description of the lines and dimensions of the parcel, annexation territory known as Tract No. 20275 that will be subject to the proposed annual assessment.

The undersigned respectfully submits the enclosed Report as directed by the City Council.

Dated this ______ day of____________, 2022.

By: _____________________________
Brian Gengler, City Engineer
R.C.E No. 44730

Willdan Financial Services
Assessment Engineer

By: ________________________________ By: ____________________________ Stacee Reynolds Tyrone Peter
Senior Project Manager PE # C81888

I HEREBY CERTIFY the enclosed Engineer’s Report, together with Assessment Roll and Assessment Diagram thereto attached, was filed with me on the _____day of________, 2022.

By: ____________________________
City Clerk, City of Victorville
County of San Bernardino, California

I HEREBY CERTIFY the enclosed Engineer’s Report, together with Assessment Roll and Assessment Diagram thereto attached, was approved, and confirmed by the City Council of the City of Victorville, California, on the _____day of________, 2022.

By: ____________________________
City Clerk, City of Victorville
County of San Bernardino, California

Table of Contents
INTRODUCTION ....................................................................................................................... 1 DRAINAGE FACILITIES ASSESSMENT DISTRICT NO. 1 ............................................................. 1 HISTORICAL BACKGROUND .................................................................................................... 2 ANNEXATION TERRITORY ........................................................................................................ 2 PROCEEDINGS AND REPORT CONTENT .................................................................................. 3 Ballot Proceedings ......................................................................................................... 3 Report Content ............................................................................................................. 4 PART I — PLANS AND SPECIFICATIONS ...................................................................................... 6 DESCRIPTION OF THE DISTRICT .............................................................................................. 6 EXISTING TRACTS IN DISTRICT ................................................................................................ 7 ANNEXATION TERRITORY/IMPROVEMENTS FISCAL YEAR 2022/2023 ....................................... 8 Tract No. 20275 ............................................................................................................ 8 PART II — METHOD OF APPORTIONMENT .................................................................................... 9 LEGISLATIVE REQUIREMENTS FOR ASSESSMENTS ................................................................ 9 BENEFIT ANALYSIS ................................................................................................................. 9 Landscaping Special Benefit ............................................................................................ 9 Landscaping General Benefit ......................................................................................... 10 ASSESSMENT METHODOLOGY .............................................................................................. 10 Exempt Properties ....................................................................................................... 11 Annual Inflationary Adjustment (Assessment Range Formula) ................................................ 11 PART III — ESTIMATE OF COSTS................................................................................................ 13 PROPOSED BUDGETS AND ASSESSMENTS ........................................................................... 13 Annexation Territory Budget Fiscal Year 2022/2023 ............................................................ 14 PART IV — BOUNDARY DIAGRAM .............................................................................................. 15 PART V — ASSESSMENT ROLL .................................................................................................. 17 Victorville Drainage Facilities Assessment District No. 1 Engineer’s Report
Annexation of Tract No. 20275
Fiscal Year 2022/2023

Page 1 ends

Introduction
The City of Victorville (“City”), under the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (“1972 Act”) established the assessment district designated as:

DRAINAGE FACILITIES ASSESSMENT DISTRICT NO. 1
(hereinafter referred to as “ DFAD No. 1 ” or “District”). Pursuant to the provisions of the 1972 Act and in compliance with the substantive and procedural requirements of Article XIIID of the California State Constitution (the “California Constitution”), the City Council of the City of Victorville (“City Council”), proposes to annex Tract No. 20275, expanding the improvements to be provided and maintained within the DFAD No. 1, and to conduct a protest ballot proceeding for special benefit assessments to be levied and collected annually on the parcels within the Annexation Territory in order to fund in whole or in part the maintenance and operation of certain public improvements that may include, but is not limited to landscape crews, basins and appurtenant facilities that provide special benefits to those properties commencing in Fiscal Year 2022/2023.

As required pursuant to Chapter 1, Article 4 of the 1972 Act, this Drainage Facilities Assessment District Engineer’s Report (“Report”) shall serve as the detailed engineer’s report for the annexation of Territory to Drainage Facilities Assessment District No. 1, for Tract No. 20275 (hereafter referred to as the, “Annexation Territory”) and the establishment of annual assessments to be levied and collected upon properties within the proposed Annexation Territory in connection with the special benefits each property receives from the maintenance and servicing of the improvements to be provide d by the C ity through the District. The assessments described herein will provide an annual funding source to adequately support the ongoing maintenance, servicing, operation, and incidental expenses associated with the drainage landscaping and irrigation improvements, and appurtenant facilities and amenities that benefit the identified properties within the Annexation Territory. The Annexation Territory as shown on the diagram contained in Part IV of this Report, encompass all lots and parcels of land within a defined area of the City that will receive special benefits from the ongoing servicing, maintenance, operation, and incidental expenses associated with the improvements to be funded by the assessments. Parcels within the Annexation Territory will be assessed for their proportionate special benefit of the shared drainage landscaping and irrigation improvements and appurtenant facilities.

The City Council of the City of Victorville adopted its General Plan with various elements to provide guidelines for o rderly development of property within the City . The City Council further adopted ordinances and regulations governing the development of land providing for the installation and construction of certain landscaping and appurtenant facilities to enhance the quality of life and to benefit the value of property.

The requirement for the installation of landscaping, streets and appurtenant facilities is a condition of development provided for in the City's Subdivision Ordinance and is a requirement fo r issuance of a permit for construction of commercial, residential, and planned unit development. These improvements generally include but are not limited to street lights and related equipment and fixtures; various landscape materials such as trees, turf, shrubs, vines, and ground cover; irrigation and drainage systems; structural amenities such as monuments, block walls, retaining walls, or other fencing; hardscapes including mulch, trail and path surfaces, stamped concrete and pavers; recreational amenit ies such as benches, picnic facilities, play structures; signage, and related appurtenances.

The installation of landscaping and appurtenant facilities is the responsibility of the sub-divider or other development/applicant, triggered by the approval of a tentative subdivision map or other development Victorville Drainage Facilities Assessment District No. 1 Engineer’s Report
Annexation of Tract No. 20275
Fiscal Year 2022/2023

Page 2 ends

application. After installation, it is City policy that the servicing, operation, maintenance, repair, and replacement of landscaping and appurtenant facilities in turn become the fiscal responsibility of the properties that specially benefit from the facilities.

HISTORICAL BACKGROUND
The residential subdivision plans for the tracts within DFAD No. 1 were submitted to the City by developers and were approved with certain conditions. One such condition required a means to fund the perpetual maintenance of landscaping within the public right-of-ways and dedicated easement areas. In order to meet this con dition, the developer, as sole -owner of the subdivision property, petitioned the City to form an assessment district. The DFADs were formed by City Council Resolutions in accordance with the Landscape and Lighting Act of 1972, which is Part 2, Division 15 of the California Streets and Highways Code, in order to provide a funding source for the administration, operations and maintenance, and servicing of the landscaping within the District. Each parcel within the DFADs is assessed at a rate equitable to the budget, not exceeding the maximum allowable rate. Future improvement parcels are assessed $1.00 annually until such time the improvements are constructed.

In 2003, Drainage Facilities Assessment District No. 1 was formed by Resolutions 03 -046, 03-047, 03-048 and 03-049. As of Fiscal Year 2022/23, there are thirty-two (32) tracts, and several unimproved parcels of vacant land in the District. Existing drainage facilities improvements are 566,998.40 square feet to include detention basins, drainage channels and perimeter landscaping that is located throughout the City.

ANNEXATION TERRITORY
The Annexation Territory consists of all lots and parcels of land within the planned development identified as Tract No. 20275 which will develop out to 135 residential units.

This Report has been prepared pursuant to the provisions of the California Constitution and the 1972 Act and shall serve as the detailed engineer’s report regarding the annexation of the designated Annexation Territory into the Victorville Drainage Facilities Assessment District No. 1. The proposed assessments will be levied on the properties therein commencing in Fiscal Year 2023/2024 for the proportional special benefits the properties will receive from the ongoing maintenance and servicing of the improvements associated with and/or resulting from the development of properties within the Annexation Territory.

The City Council proposes to annex the Annexation Territory into the District as Tract No. 20275, and to levy and collect annual special benefit assessments on the County tax rolls to provide ongoing funding for the direct expenditures, incidental expenses, and fund balances that are necessary to service and maintain the landscaping improvements associated with and resulting from the development of property within the Annexation Territory. The improvements described in this Report for the Annexation Territory are based on the initial improvement and development plans for Assessor Parcel Number 3133-111-01-0000 and by reference those plans, and specifications are made part of this Report.

The estimated budget provided herein is based on the City’s estimate of the Annexation Territory expenses for local improvements and services in the Annexation Territory. The resulting annual assessments a re calculated utilizing the method of apportionment established under Part II Method of Apportionment and are made pursuant to the 1972 Act and the substantive and procedural provisions of the California Constitution.

The word “parcel,” for the purposes of this Report, refers to an individual property assigned its own Assessor’s Parcel Number (APN) by the San Bernardino County Assessor’s Office. The San Bernardino County Victorville Drainage Facilities Assessment District No. 1 Engineer’s Report
Annexation of Tract No. 20275
Fiscal Year 2022/2023

Page 3 ends

Auditor/Controller uses Assessor’s Parcel Numbers and specific Fund Numbers to identify properties to be assessed on the tax roll for the special benefit assessments.

PROCEEDINGS AND REPORT CONTENT
This Report specifically addresses the proposed annexation of Territory, the resulting boundary change, the various improvements within the Tract, and the proposed assessment to be levied in connection with the special benefits the properties will receive from the maintenance and servicing of the improvements based on the estimated operating and maintenance expenses. The proposed annual assessments to be levied on properties within the Annexation Territory will provide a source of funding for the continued operation , maintenance, and servicing of the landscaping and appurtenant facilities (collectively referred to as improvements) to be provided by the District for the special benefit of properties within the Tract.

The District assessments as described herein are based on the City’s estimate of the costs to maintain, operate and service the improvements. The costs of the improvements and the proposed annual assessments budgeted and assessed against properties within the Annexation Territory may include, but are not limited to the estimated expenditures for regular annual maintenance and repairs; incidental expenditures related to the operation and administration of the District; deficits or surpluses from prior years; revenues from other sources; and the collection of funds for operational reserves and/or periodic repairs, replacements and rehabilitation projects as authorized by the 1972 Act. The net annual cost to provide the improvements for each Tract are allocated to the benefiting properties within that Tract using a weighted method of apportionment (refer to Assessment Methodology in Section II, Method of Apportionment) that calculates the proportional special benefit and assessment for each parcel as compared to other properties that benefit from the District improvements and services. Thus, e ach parcel is assessed proportion ately for only those improvements, services, and expenses for which the parcel will receive special benefit.

Ballot Proceedings
As part of these proceedings, the City shall conduct a property owner protest ballot proceeding (“Ballot Proceeding”) for the proposed levy of an assessment pursuant to the provisions of the California Constitution, Article XIIID Section 4 , and in accordance with the provisions of Government Code, Section 53753 . In conjunction with this Ballot Proceeding, the City Council will conduct a noticed public hearing to consider public testimonies, comments and written protests regarding the annexation, and the assessments described herein. Upon conclusion of the public hearing, property owner protest ballots received will be opened and tabulated to determine whether majority protest exists as defined in Article XIIID of the California Constitution.

As specified by the California Constitution, Article XIIID Section 4e:
“A majority protest exists if, upon the conclusion of the hearing, ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment. In tabulating the ballots, the ballots shall be weighted according to the proportional financial obligation of the affected property.” After completion of the ballot tabulation, the City Council will confirm the results of the balloting. If majority protest exists for the proposed Tract No. 20275 assessments, further proceedings to annex the parcels within the District and implementation of the Tract and assessments shall be abandoned.

If tabulation of the ballots indicate that majority protest does not exist for the proposed assessments and the assessment range formu la presented and described herein, the City Council by resolution may adopt this Report (as submitted or amended); approve the assessment diagrams (Tract Boundary Diagram) contained Victorville Drainage Facilities Assessment District No. 1 Engineer’s Report
Annexation of Tract No. 20275
Fiscal Year 2022/2023

Page 4 ends

herein; order the annexation of the parcels within DFAD No. 1 and the improvements to be made; and confirm the assessments as outlined in this Report.

The assessments as approved, may be levied and collected on the County tax rolls commencing in Fiscal Year 2023/2024 and may be handbilled in Fiscal Year 2022/2023 . For Fiscal Year 2023/2024 and each subsequent fiscal year, this tract will be included in the Annual Consolidated Drainage Facilities Assessment District Report, which shall be prepared and presented to the City Council to address any proposed changes, including Tract No. 20275, as well as any proposed changes to the improvements, budgets, and assessments for that fiscal year. The City Council shall hold a noticed publi c hearing regarding these matters prior to approving and ordering the levy of annual assessments for the District.

If in any fiscal year, the proposed annual assessments for parcels with the District exceed the maximum assessments described herein, such a n assessment would be considered an increased assessment and must be confirmed through a mailed property owner protest ballot proceeding for the affected parcels before the increased assessment may be imposed.

Report Content
This Report has been prepared i n connection with the annexation of an individual parcel into DFAD No. 1 and the resulting assessment for the parcel within Tract No. 20275 established herein in connection with the annexation of Territory for Fiscal Year 2022/2023, pursuant to a resolution of the City Council and consists of five (5) parts:

Part I — Plans and Specifications
Contains a general description of the District and tract of benefit (“ Tract”), and specifically addresses the improvements and services that provide special benefits to the parcels within the Annexation Territory which include, but is not limited to local landscaping, and related amenities including operational expenses and fund balances authorized by the 1972 Act. The plans and specifications contained in this Report generally describe the nature and extent of the improvements. In conj unction with these general descriptions of the improvements a visual depiction of the improvements is provided in the Tract Boundary Diagram contained in Part IV of this Report. The detailed plans and specifications for the improvements in the Annexation Territory are on file in the Public Works Department of the City of Victorville and by reference are made part of this Report.

Part II — Method of Apportionment
Outlines the special and general benefits associated with the improvements to be provided within the Annexation Territory, and the basis upon which the estimated costs to provide such improvements has been apportioned to each parcel of land therein in proportion to the special benefits to be received.

Part III — Estimate of Costs
Identifies the estimated annual funding costs (Budget) required for the maintenance and operation of the improvements including, but not limited to, annual maintenance and service expenses, utility costs, related incidental expenses, and fund balances authorized by the 1972 Act and deemed appropriate to fully support the improvements. Those improvements and/or costs determined to be of general benefit shall be funded by a City contribution. This budget establishes the maximum assessments to be approved by t he property owner(s) of record within the Annexation Territory as part of the Ballot Proceeding.

Victorville Drainage Facilities Assessment District No. 1 Engineer’s Report
Annexation of Tract No. 20275
Fiscal Year 2022/2023

Page 5 ends

This section also identifies and outlines an Assessment Range Formula (inflationary adjust ment) that provides for an annual adjustment to the maximum assessme nt rate that establishes limits on future assessments, but also provides for reasonable cost adjustments due to inflation.

Part IV — Boundary Diagram
A diagram showing the existing District and Annexation Territory. The lines and dimensions of each lot, parcel, and subdivision of land contained in this diagram are inclusive of all parcels listed in “Part V – Assessment Roll” of this Report and the corre sponding County Assessor’s Parcel Maps for said parcels as they existed at the time this Report was prepared and shall include all subsequent subdivisions, lot -line adjustments, or parcel changes therein. Reference is hereby made to the San Bernardino County Assessor’s maps for a detailed description of the lines and dimensions of each lot and parcel of land within Annexation Territory.

Part V — Assessment Roll
The “Balloted Maximum Assessment” amount for each parcel represents that parcel’s proposed maximum assessment amount for each parcel within Tract No. 20275 commencing in fiscal year 2022/2023 and is based on the parcel’s calculated proportional special benefit as outlined in “Part II — Method of Apportionment”, and calculated assessment rate established by the budget in “Part III —Estimate of Costs”.

If any section, subsection, sentence, clause, phrase, portion, or tract of this Report is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of the Report and each secti on, subsection, subdivision, sentence, clause, phrase, portion, tract thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, portions, or tract might subsequently be declared invalid or unconstitutional.

Victorville Drainage Facilities Assessment District No. 1 Engineer’s Report
Annexation of Tract No. 20275
Fiscal Year 2022/2023

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Part I — Plans and Specifications

DESCRIPTION OF THE DISTRICT
The purpose of this District and specifically the Annexation Territory is to provide in part through annual assessments, funding for the ongoing operation, maintenance, and servicing of drainage landscaping and irrigation improvements, and related appurtenant facilities and services in specified areas of the City. The territory within the District consists of those lots or parcels of land within the City of Victorville for which the City, through the District maintains these local improvements and related amenities installed in connection with the development of those properties and for the benefit of those lots or parcels.

As authorized by the 1972 Act, the improvements provided by the District and associated with each Tract incorporate various local and related amenities installed in connection with the development of those properties and are maintained and serviced for the benefit of real property within that Tract. The maintenance of the improvements may also include various appurtenances including, but not limited to block walls, retaining walls or other fencing, trail and p ath surfaces, stamped concrete, pavers, mulch or other hardscapes, irrigation and related electrical equipment and drainage systems, benches, play structures, picnic or other recreational facilities, monuments, signage, ornamental lighting, street lighting , and related equipment. The work to be performed within the respective Tract may include but is not limited to (as applicable), the personnel, materials, equipment, electricity, water, contract services, repair and rehabilitation of the improvements and incidental expenses required to operate the District and provide the improvements and services.

Improvements provided within the District may include but are not limited to:
➢ Landscaping and related facilities and amenities located within or around the designated drainage facility.

These improvements may include, but are not limited to:
• various landscape materials such as trees, turf, shrubs, vines, ground cover, annual or per ineal plantings;
• irrigation and drainage systems such as storm drains, channels, and basins; • structural amenities such as monuments, block walls, retaining walls, or other fencing; • hardscapes including mulch, trail and path surfaces, stamped concrete, and pavers; The maintenance of these improvements may include, but is not limited to the regularly scheduled mowing, trimming, pruning, fertilization, pest control, weed and graffiti abatement; installation, replacement and rehabilitation of the landscaping, repair or replacement of irrigation or drainage systems; repair or replacement of hardscape improvements and recreational amenities. The City’s Public Works Department shall authorize and schedule such maintenance and servicing as need and based on available funding.

Victorville Drainage Facilities Assessment District No. 1 Engineer’s Report
Annexation of Tract No. 20275
Fiscal Year 2022/2023

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EXISTING TRACTS IN DISTRICT
In accordance with the 1972 Act, the District utilizes Tracts to address variations in the nature, location, and extent of the improvements that provide special benefits to parcels in the District. Each Tract is associated with specific improvements and/or types of improvements that provide special benefit to properties within that Tract. The boundaries of each Tract are based on the improvements to be maintained and the relationship and proximity of the developments and properties that derive special benefits from those specific improvements.

As of Fiscal Year, 2021/2022 the District was comprised of the following Tracts and developments:

Victorville Drainage Facilities Assessment District No. 1 Engineer’s Report
Annexation of Tract No. 20275
Fiscal Year 2022/2023

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ANNEXATION TERRITORY/IMPROVEMENTS FISCAL YEAR 2022/2023 Tract No. 20275
Generally located at the southeast corner of Monte Vista Road and Luna Road will develop out one hundred thirty-five (135) single-family residential units currently identified by the San Bernardino County Assessor’s Office as parcels 3133-111-01-000. Improvements within this area will are on file with the City. Additional improvements will consist of a 10-foot-wide landscape buffer between the drainage basin/facility and the public right-of-way.

Victorville Drainage Facilities Assessment District No. 1 Engineer’s Report
Annexation of Tract No. 20275
Fiscal Year 2022/2023

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Part II — Method of Apportionment

LEGISLATIVE REQUIREMENTS FOR ASSESSMENTS
The costs of the proposed improvements have been identified and allocated to properties within the Annexation Territory based on proportional special benefit, consistent with the provisions of the 1972 Act and the assessment provisions of Proposition 218 (being contained in Article XIIID of the California Constitution).

The improvements provided by this District and for which properties within the Annexation Territory are assessed, are identified as local landscaping, and related amenities that were either installed in direct connection with the development of properties to be included within designated Tract No. 20275 or were installed for the benefit of those properties as a result of property development or potential development of those properties and were considered necessary elements for the development of such properties to their full and best use. The formulas used for calculating assessments and the designation of Tract herein reflect the compositio n of parcels within the Annexation Territory, and the improvements and activities to be provided, and have been designed to fairly apportion the cost of providing those improvements based on a determination of the proportional special benefits to each parcel.

In addition to the provisions of the 1972 Act, Article XIII D of the California Constitution outlines specific requirements regarding assessments including the following:

Article XIII D Section 2d defines District as follows:
“District means an area determined by an agency to contain all parcels which will receive a special benefit from a proposed public improvement or property-related service;” Article XIII D Section 2i defines Special Benefit as follows:
“Special benefit” means a particular and distinct benefit over, and above general benefits conferred on real property located in the district or to the public at large. General enhancement of property value d oes not constitute “special benefit.”
Article XIII D Section 4a defines proportional special benefit assessments as follows:
“An agency which proposes to levy an assessment shall identify all parcels which will have a special benefit conferred upon them an d upon which an assessment will be imposed. The proportionate special benefit derived by each identified parcel shall be determined in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a pub lic improvement, or the cost of the property related service being provided. No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel.”

BENEFIT ANALYSIS
Landscaping Special Benefit
Trees, landscaping, hardscaping, ornamental structures, and appurtenant facilities, if well maintained, confer a particular and distinct special benefit upon real property within each District by providing beautification, shade and positive enhancement of the community character, attractiveness, and desirability of the surroundings. In addition, all of the aforementioned contributes to a specific increase in property desirability and a specific enhancement of the property value of each parcel within each District which confers a particular and distinct special benefit upon the real property within each District.

Victorville Drainage Facilities Assessment District No. 1 Engineer’s Report
Annexation of Tract No. 20275
Fiscal Year 2022/2023

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In The Economic Value of Trees in Urban Areas, written by Phillip Killicoat, Eva Puzio and Randy Stringer in 2002, it is stated:
“Increased property values, increased tax revenues, increased income levels, faster real estate sales turn - over rates, shorter unoccupied periods…have all been linked to tree and landscape presence.” Landscaping General Benefit
Section 4 of Article XI IID provides that once a local agency, which proposes to impose assessments on property, has identified those parcels that will have special benefits conferred upon them and upon which an assessment will be imposed, the local agency must next “separate the general benefits from the special benefits conferred,” and only the special benefits can be included in the amount of the assessment imposed.

It has been determined that in most cases, the benefits conferred on other properties or to the public at large is more general in nature and are not consider ed special benefits. For example, the proper maintenance of landscaping and landscape appurtenant facilities within the Districts control dust from blowing onto properties within the Districts but may also indir ectly control dust from blowing onto properties outside of the Districts.

The spraying and treating of landscaping for disease reduces the likelihood of insect infestation and other diseases spreading to landscaping throughout the Districts, but also reduc es the likelihood that other properties would be affected. In addition, the proper maintenance of landscaping and landscape ornamental structures provides a positive visual experience to persons passing by the Districts. Although these examples could be considered benefits, they are clearly incidental benefits conferred by the proper maintenance of the improvements and not a direct and special benefit to any properties other than those for which the improvements are maintained. The improvements in the Distr icts create a common landscape theme and neighborhood identity for the parcels within each residential subdivision. Only the parcels which are within the residential subdivisions will be assessed. Accordingly, there is a direct physical and visual nexus between the parcels being assessed and the funding of the improvements that does not exist for those parcels outside of the District boundaries. Therefore, it has been determined that all improvements provided by the Districts are considered only special ben efits for assessment purposes unless otherwise noted. Any portion of the improvements and the costs associated with those improvements determined to be a quantifiable general benefit will be funded from other revenue sources and will be excluded from the special benefit assessments.

ASSESSMENT METHODOLOGY
To assess benefits equitably it is necessary to calculate each property’s relative share of the special benefits conferred by the funded improvements and service. The Equivalent Benefit Unit (EBU) method of assessment apportionment is utilized for this District and establishes a basic unit (base value) of benefit and then calculates the benefit derived by each assessed parcel as a multiple (or a fraction) of that basic unit. The EBU method of apportioning s pecial benefits is typically seen as the most appropriate and equitable assessment methodology for assessment districts, as the benefit to each parcel from the improvements are apportioned as a function of comparable property characteristics which may include but is not limited to land use and property size.

For the purposes of this Engineer's Report, an EBU is the quantum of benefit derived from the various Tract improvements by a single-family residential parcel. The single-family residential parcel has been selected as the basic unit for calculation of asse ssments. Thus, the "benchmark" property (the single-family residential parcel) derives one EBU of benefit and is assigned 1.00 Equivalent Benefit Unit . Pursuant to the 1972 Act, the costs of the District may be apportioned by any formula or method that fai rly distributes the net amount to be assessed, among all assessable parcels in proportion to the estimated benefits to be received by each Victorville Drainage Facilities Assessment District No. 1 Engineer’s Report
Annexation of Tract No. 20275
Fiscal Year 2022/2023

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parcel from the improvements. The benefit formula used for the District should reflect the composition of the parcels, and the improvements and services provided, to fairly apportion the costs based on special benefit to each parcel.

The existing District’s Method of Apportionment utilizes commonly accepted assessment -engineering practices and were established pursuant to the 1972 Act and the provisions of the California Constitution.

The method outlined is based on the premise that each assessed parcel receives benefit from the improvements maintained and financed by the District’s assessments. The desirability of prop erties within each Tract is enhanced by the presence of well-maintained landscaping in close proximity to those properties.

The costs associated with the improvements are equitably spread among the benefiting parcels within the District and the funds collected shall be dispersed and used for only the improvements and services provided by the District.

The following table provides the weighting factors to various land-use types and parcel sizes as reported by the most current year’s San Bernardino County As sessor’s Secured Roll, which determines each parcel’s EBU assignment:

Note: Number of parcels currently listed in the District are before annexation Exempt Properties
Publicly-owned open space including, but not limited to, the parks, recreation fields or other vacant lands are not assessed since the property exists for the benefit of other land uses in the District. Vacant property that cannot be developed for residential, commercial, or industrial uses is not assessed. This includes, but is not limited to, public streets, utility easements, rights -of-way, common areas, landlocked parcels, and parcels that are too small for development. Additionally, utility rights -of-ways, easements, drainage channels, drainage basins, and parcels that are used solely for the purpose of accessing entry to other parcels, and those parcels that have been vacated by the City that have little to no value and do not benefit from the improvements are also exempted from assessment.

Annual Inflationary Adjustment (Assessment Range Formula) It is recognized that the cost of providing for the improvements described in Part I – Plans and Specifications of this Report will inevitably increase over tim e as a result of inflation and that any “new or increased assessments” require certain noticing and balloting requirements pursuant to Article XIIID of the California Constitution (Proposition 218). However, Government Code Section 54954.6(a) provides that a “new or increased assessment” does not include “an assessment which does not exceed an assessment formula or range of assessments...previously adopted by the agency or approved by the voters in the area where the assessment is imposed.” This definition of a or increased assessment is reaffirmed in the Proposition 218 Omnibus Implementation Act, Government Code Section 53753.5.

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Annexation of Tract No. 20275
Fiscal Year 2022/2023

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this Report includes an annual inflationary adjustment (assessment r ange formula). This inflationary adjustment formula provides for the Fiscal Year 2022/2023 maximum assessments (initial maximum assessment rate) established herein for the Annexation Territory to increase by an amount equal to the annual percentage increas e of the Local Consumer Price Index (CPI) for “All Urban Consumers” for the Riverside-San Bernardino-Ontario Areas (January of the given year from the previous January or similar period).

The adoption of the maximum assessment rates and the Assessment Range Formula described herein does not mean that the annual assessments will necessarily increase each fiscal year, nor does it absolutely restrict the assessments to the annually adjusted maximum assessment rates. Although the maximum assessment rates that may be levied shall be increased each fiscal year, the actual amount to be assessed will be based on the Balance to Levy for that fiscal year. If the calculated assessment is less than the adjusted maximum assessment, then the calculated assessment may be approved by the City Council for collection.

If the calculated assessment (based on the proposed budget) is greater than the adjusted maximum assessment for that fiscal year, then the assessment would be considered an increased assessment and would require property owner approval through another protest ballot proceeding before imposing such an increase. Otherwise, it would be necessary to reduce the budget or provide a contribution from the City to reduce the Balance to Levy (amount to be assessed) to an amount that can be supported by an assessment rate less than or equal to the adjusted maximum assessment rate authorized for that fiscal year.

The Assessment Range Formula shall be applied to the maximum assessment rates for the Annexation Territory Tract No. 20275 commencing in fiscal year 2023/2024 and shall be applied in each subsequent fiscal year unless the City Council formally suspends its application.

Victorville Drainage Facilities Assessment District No. 1 Engineer’s Report
Annexation of Tract No. 20275
Fiscal Year 2022/2023

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Part III — Estimate of Costs

The 1972 Act provides that the estimated costs of the improvements shall include the total cost of the improvements, including incidental expenses.

The 1972 Act also provides that the amount of any surplus, deficit, or contribution be included in the estimated cost of improvements. The net amount to be assessed on the lots or parcels within the Annexation Territory is the total cost of maintenance, and servicing with adjustments either positive or negative for reserves, surpluses, deficits, and/or contributions.

PROPOSED BUDGETS AND ASSESSMENTS
The budgets and assessments outlined on the following page for the Annexation Territory for designated Tract No. 20275 are based on the national standards and related funding necessary for the operation, maintenance and servicing of the District improvements identified in Part I of this Report.

This budget represents an estimate of the special benefit expenses anticipated to be collected for Fiscal Year 2022/2023 at the time this Report was prepared and establishes the maximum assessment rates to be balloted and approved by the property owner(s) of record within the Annexation Territory as part of the Ballot Proceeding.

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Annexation of Tract No. 20275
Fiscal Year 2022/2023

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Annexation Territory Budget Fiscal Year 2022/2023
DESCRIPTION Tract 20275
UTILITIES-ELECTRICITY $7
UTILITIES-WATER USAGE $361
TELEPHONE $72
UTILITIES SUB-TOTAL $440
CITY ADMINISTRATION $3,877
CONSULTING SERVICES 108
COUNTY FEES 64
ADMINISTRATION SUB-TOTAL $4,049
MAINTENANCE STAFF SALARY AND BENEFITS $12,375
CONTRACT SERVICES 5,549
GROUNDS MAINTENANCE 823
IRRIGATION MAINTENANCE 330
INFRASTRUCTURE REPAIRS 361
VEHICLES AND EQUIPMENT 412
TOOLS AND SMALL EQUIPMENT 506
VANDALISM/ACCIDENTS 3,973
MAINTENANCE SUB-TOTAL $24,330
EXPENDITURE BUDGET $28,819
GENERAL BENEFIT CONTRIBUTION $0
RESERVE COLLECTION/CONTRIBUTION 403
BALANCE TO LEVY $29,222
Equivalent Benefit Units at Built-Out 135.00
Equivalent Benefit Unit-Not Built Current FY 2022/23 1.00 FY 2022/23 Assessment Rate $216.46
FY 2022/23 Assessment Rate Not Built $1.00
FY 2022/23 Max. Allowable Assessment per Benefit Unit- Built $221.75 FY 2022/23 Max. Allowable Assessment per Benefit Unit-Not Built $1.00 FISCAL YEAR 2022/2023 BUDGET

Note: The budget represents the Tract’s fair share of cost if developed and levied in Fiscal Year 2022/23. The budget has been rounded to the nearest dollar.

Victorville Drainage Facilities Assessment District No. 1 Engineer’s Report
Annexation of Tract No. 20275
Fiscal Year 2022/2023

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Part IV — Boundary Diagram
The Fiscal Year 2022/2023 District Diagram on the following page shows the diagram for Tract No. 20275.

Victorville Drainage Facilities Assessment District No. 1 Engineer’s Report
Annexation of Tract No. 20275
Fiscal Year 2022/2023

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Victorville Drainage Facilities Assessment District No. 1 Engineer’s Report
Annexation of Tract No. 20275
Fiscal Year 2022/2023

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Part V — Assessment Roll
Parcel identification for each lot or parcel within the Annexation Territory shall be the parcels as shown on the San Bernardino County Secured Roll for the year in which this Report is prepared and reflective of the Assessor’s Parcel Maps.

The following is the lot and parcel of land (parcel) within the Annexation Territory and the corresponding maximum assessments being set for Fiscal Year 2022/2023.

APN Tract No. Owner Land Use EBU
Maximum Rate Per
Assessment Unit
2022/2023
Maximum
Assessment
2022/2023
3133-111-01-0000 20275 KB Home Greater Los Angeles Inc. Single Family Residential 135.00 $221.75 $29,936.25

Attachment E
Resolution No. 22-104
1 RESOLUTION NO. 22-104

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VICTORVILLE CONFIRMING THAT NO MAJORITY PROTEST EXISTS; ADOPTING THE ENGINEER’S REPORT AS FINAL ; ORDERING THE ANNEXATION OF TRACT MAP NO. 20275 TO VICTORVILLE
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 6 AND

THE LEVY AND COLLECTION OF ASSESSMENTS ON THE PARCELS
THEREIN COMMENCING IN FISCAL YEAR 2023/2024;

WHEREAS, on July 19, 2022, the City Council of the City of Victorville (the “City”) pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Part 2, Division 15 of the California Streets and Highways Code, commencing with Section 22500 (hereafter referred to as the “Act”), did by previous resolutions, initiate proceedings for the annexation of territory to the City of Victorville Landscape Maintenance Assessment District No. 6 (“LMAD No. 6”) consisting of Assessor Parcel Number book 3133, page 111, parcels 01, Tentative Tract Map No. 20275 (“Annexation Territory”) and declared its intention to conduct a protest balloting for the levy of new assessments within the Annexation Territory commencing in Fiscal Year 20 23/2024 for the special benefits received by proper ties therein for the operation, maintenance and servicing of landscaping and lighting improvements, and all appurtenant facilities related thereto in accordance with the provisions of the California Constitution Article XIIID (the “Constitution”); and,

WHEREAS, on July 19, 2022 , an Engineer’s Report containing an Assessment Diagram was prepared, filed, and presented to the City Council in connection with the proceedings for the annexation of the property within the Annexation Territory and the annual levy of assessments related thereto commencing on Fiscal Year 20 23/2024 as required by the Act and the C onstitution along with an inflationary adjustment effective 20223/2024; and;

WHEREAS, on July 19, 2022 the City Council also adopted Resolution No. 22 - 062, declaring its intent to annex Tract Map No. 20275 to LMAD No. 6, to levy and collect the assessments as permitted by the Act to provide for the perpetual maintenance of the designated landscape area therein, commencing in Fiscal Year 2023/2024, if no majority protest existed following public notice, hearing and balloting c onducted in accordance with the provisions of Article XIII D, Section 4 of the California Constitution, Section 22588 of the Act, and Government Code section 53753 (hereinafter collectively “ Applicable Law”); and

WHEREAS, notices of the public hearing and assessment ballots containing the information required by Applicable Law were mailed to all property owners in Tract Map No. 20275 at least 45 days (unless noticing period waived by the property owner in form 2 of a signed agreement) prior to the date of the public hearing at which testimony regarding the proposed a ssessments were to be considered and tabulation of the mailed assessment ballots were to occur; and

WHEREAS, at the conclusion of the public hearing, the City Clerk unsealed and tabulated all of the assessment ballots submitted and not withdrawn; and

WHEREAS, there being no majority protest against the annexation and assessments for Tract Map No. 20275, the City Council now wishes to confirm its final adoption of the Engineer’s Report; order the annexation of Tract Map No. 20275 to LMAD No. 6 and the levy and collection of the assessments on the parcels therein; authorize the improvements (ongoing maintenance of the landscape and irrigation) to be made, all as specified in the final approved Engineer’s Report effective as of Fiscal Year 2022/2023.

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 are true and correct, and together with the definitions set forth therein, are hereby made part of this Resolution by this reference.

Section 2. Hearing and Determination that No Majority Protest Exists.

That following notice duly given, the City Council has held a full and fair public hearing regarding annexation and assessments for the parcels within Tract Map No. 20275; the approval of the Engineer’s Report prepared in connection therewith; considered all oral and written statements, protests and communications made or filed by interested persons; and determined that a property owner majority protest for the Changes of Organization and Assessments for Tract Map No. 20275 does not exist.

Section 3. Final Approval and Adoption of Engineer’s Report.

The Engineer’s Report and Assessment Diagram connected therewith as approved, shall constitute the territory and properties within the Annexation Territory, and confirm and establish the method of apportionment and the maximum assessment rate 3 including the assessment range formula as presented to the property owners of record in the ballot proceeding. Said assessments as described in the Engineer’s Report as submitted or amended, including the assessment range formula described therein, are hereby confirmed, and adopted by the City Council.

Section 4. Special Benefit.

Based upon its review (and amendments, as applicable) of the Engineer’s Report, which has been filed with the City Clerk, the City Council hereby finds and determines that:
4a) The land within the Annexation Territory which will include 135 single- family lots at build-out as approved will receive special benefit from the operation, maintenance and servicing of landscaping, irrigation improvements and all appurtenant facilities related thereto, to be provided by the District as described in the approved Engineer’s Report.

4b) The Annexation Territory as defined by the Assessment Diagrams in the approved Engineer’s Report includes all the lands receiving such special benefit.

4c) The net amount to be assessed upon the land within the Annexation Territory as approved has been applied based on the formula and method which fairly applies the net amount on the parcel based on the special benefit to be received by the parcel from the improvements and services to be provided commencing with Fiscal Year 2022/2023.

Section 5. Improvements Authorized.

The City Council hereby orders the proposed improvements as described within the approved Engineer’s Report to be made. The improvements so described generally include, but are not limited to, the maintenance, servicing, rehabilitation, and irrigation of the local improvements established or installed in connection with the development of properties within the approved Annexation Territory or directly associated with the properties within those Annexation Territories and shall be maintained by the City for the special benefit of the properties therein pursuant to the Act.

Section 6. Annexation Ordered.

The adoption of this Resolution constitutes the annexation of the approved Annexation Territory to the District, the boundaries of which are contained in the Assessment Diagram; the establishment of the maximum assessment rate and assessment range formula connected therewith; and the assessment for the fiscal year commencing July 1, 2023 and ending June 30, 2024 , as described in the approved Engineer’s Report and adopted by the City Council, and the Count y Auditor of San Bernardino shall enter on the County Assessment Roll opposite each parcel of land the amount of levy so described in the approved Engineer’s Report, and such levies shall be collected annually at the same time and in the same manner as the County taxes are collected. After collection by the County, the net amount of the levy shall be paid to the City Treasurer.
4 Section 8. Levy and Collection of Assessments.

Section 9. Annexation Reflected in the Consolidated Annual Landscape Maintenance Assessment District Engineer’s Report.

That the City Engineer or their designee is hereby authorized and directed to reflect the annexation and cause the levy of the assessments for each of the parcels in Tract Map No. 20275 by including the annexed parcels and such other required information from the Engineer’s Report as approved hereby , in the consolidated Landscape Maintenance Assessment District Engineer’s Report for Fiscal Year 2023/2024.

Section 10. Certification

Section 11. Effective Date.

That this Resolution shall be effective immediately upon its adoption.

City of Victorville

Engineer’s Report
Landscape Maintenance Assessment
District No. 6
Annexation of Tract No. 20275

Commencing Fiscal Year 2022/2023

Intent Meeting: July 19, 2022
Public Hearing: September 6, 2022
Updated June 2022

27368 Via Industria
Suite 200
Temecula, CA 92590
T 951.587.3500
F 951.587.3510

www.willdan.com/financial

ENGINEER'S ANNEXATION REPORT AFFIDAVIT
City of Victorville
Landscape Maintenance Assessment District No. 6
Annexation of Tract No. 20275
Commencing in Fiscal Year 2022/2023
City of Victorville,
San Bernardino County, State of California

As part of the Resolution of Intention packet presented for the consideration of the Victorville City Council, this Report and the enclosed budget, diagram, and description outline specific proposed changes to the Landscape Maintenance Assessment District No. 6 for fiscal year 2022/2023, including the annexation of Territory to the District; the expansion of the improvements to be maintained within the District , and the proposed annual assessments for all parcels within the Annexation Territory commencing in Fiscal Year 2022/2023. Reference is hereby made to the San Bernardino County Assessor’s Parcel Map for a detailed description of the lines and dimensions of the parcel, annexation territory known as Tract No. 20275 that will be subject to the proposed annual assessment.

The undersigned respectfully submits the enclosed Report as directed by the City Council.

Dated this ______ day of____________, 2022.

By: _____________________________
Brian Gengler, City Engineer
R.C.E No. 44730

Willdan Financial Services
Assessment Engineer

By: ________________________________ By: ____________________________ Stacee Reynolds Tyrone Peter
Senior Project Manager PE # C81888

I HEREBY CERTIFY the enclosed Engineer’s Report, together with Assessment Roll and Assessment Diagram thereto attached, was filed with me on the _____day of________, 2022.

By: ____________________________
City Clerk, City of Victorville
County of San Bernardino, California

Table of Contents
INTRODUCTION ....................................................................................................................... 1 LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 6 ..................................................... 1 ANNEXATION TERRITORY ........................................................................................................ 2 PROCEEDINGS AND REPORT CONTENT .................................................................................. 3 Ballot Proceedings ......................................................................................................... 3 Report Content ............................................................................................................. 4 PART I — PLANS AND SPECIFICATIONS ...................................................................................... 6 DESCRIPTION OF THE DISTRICT .............................................................................................. 6 IMPROVEMENTS EXISTING DISTRICT ....................................................................................... 7 ANNEXATION TERRITORY FISCAL YEAR 2022/2023 .................................................................. 8 Tract No. 20275 ............................................................................................................ 8 PART II — METHOD OF APPORTIONMENT .................................................................................... 9 LEGISLATIVE REQUIREMENTS FOR ASSESSMENTS ................................................................ 9 BENEFIT ANALYSIS ................................................................................................................. 9 Landscaping Special Benefit ............................................................................................ 9 Landscaping General Benefit ......................................................................................... 10 ASSESSMENT METHODOLOGY .............................................................................................. 11 PART III — ESTIMATE OF COSTS................................................................................................ 13 PROPOSED BUDGETS AND ASSESSMENTS ........................................................................... 13 Annexation Territory Budget Fiscal Year 2022/2023 ............................................................ 14 Annual Inflationary Adjustment (Assessment Range Formula) ................................................ 12 PART IV — BOUNDARY DIAGRAM .............................................................................................. 15 PART V — ASSESSMENT ROLL .................................................................................................. 17

Victorville Landscape Maintenance Assessment District No. 6 Engineer’s Report
Annexation of Tract No. 20275
Fiscal Year 2022/2023

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LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 6
(hereinafter referred to as “ LMAD No. 6” or “District”). Pursuant to the provisions of the 1972 Act and in compliance with the substantive and procedural requirements of Article XIIID of the California State Constitution (the “California Constitution”), the City Council of the City of Victorville (“City Council”), proposes to annex Tract No. 20275, expanding the improvements to be provided and maintained within the LMAD No. 6, and to conduct a protest ballot proceeding for special benefit assessments to be levied and collected annually on the parcels within the Annexation Territory in order to fund in whole or in part the maintenance and operation of certain public improvements that may include, but is not limited to landscaping, parks and appurtenant facilities that provide special benefits to those properties commencing in Fiscal Year 2022/2023.

As required pursuant to Chapter 1, Article 4 of the 1972 Act, this Landscape Maintenance Assessment District Engineer’s Report (“Report”) shall serve as the detailed engineer’s report for the annexation of Territory to Landscape Maintenance Assessment District No. 6, for Tract No. 20275 (hereafter referred to as the, “Annexation Territory”) and the establishment of annual assessments to be levied and collected upon properties within the proposed Annexation Territory in connection with the special benefits each propert y receives from the maintenance and servicing of the improvements to be provided by the C ity through the District. The assessments described herein will provide an annual funding source to adequately support the ongoing maintenance, servicing, operation, and incidental expenses associated with the landscape improvements, and appurtenant facilities and amenities that benefit the identified properties within the Annexation Territory. The Annexation Territory as shown on the diagram contained in Part IV of this Report, encompass all lots and parcels of land within a defined area of the City that will receive special benefits from the ongoing servicing, maintenance, operation, and incidental expenses associated with the improvements to be funded by the assessments . Parcels within the Annexation Territory will be assessed for their proportionate special benefit of the shared landscape improvements and appurtenant facilities.

The City Council of the City of Victorville adopted its General Plan with various elements to provide guidelines for orderly development of property within the City . The Ci ty Council further adopted ordinances and regulations governing the development of land providing for the installation and construction of certain landscaping and appurtenant facilities to enhance the quality of life and to benefit the value of property.

The requirement for the installation of landscaping, streets and appurtenant facilities is a condition of development provided for in the City's Subdivision Ordinance and is a requirement for issuance of a permit for construction of commercial, residential, and planned unit development. These improvements generally include but are not limited to street lights and related equipment and fixtures; various landscape materials such as trees, turf, shrubs, vines, and ground cover; irrigation and drainage systems; structural amenities such as monuments, block walls, retaining walls, or other fencing; hardscapes including mulch, trail and path surfaces, stamped concrete and pavers; recreational amenities such as benches, picnic facilities, play structures; signage, and related appurtenances.

The installation of landscaping and appurtenant facilities is the responsibility of the su b-divider or other development/applicant, triggered by the approval of a tentative subdivision map or other development application. After installation, it is City policy that the servicing, operation, maintenance, repair, and Victorville Landscape Maintenance Assessment District No. 6 Engineer’s Report
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replacement of landscaping and appurtenant facilities in turn become the fiscal responsibility of the properties that specially benefit from the facilities.

HISTORICAL BACKGROUND
The residential subdivision plans for the tracts within LMAD No. 6 were submitted to the City by developers and were approved with certain conditions. One such condition required a means to fund the perpetual maintenance of landscaping within the public right-of-ways and dedicated easement areas. In order to meet this condition, the developer, as sole- owner of the subdivision property, petitioned the City to form an assessment district. The LMADs were formed by City Council Resolutions in accordance with the Landscape and Lighting Act of 1972, which is Part 2, Division 15 of the California Streets and Highways Code, in order to provide a funding source for the administration, operations and maintenance, and servicing of the landscaping within the District. Each parcel within the LMADs is assessed at a rate equitable to the budget, not exceeding the maximum allowable rate. Future improvement parcels are assessed $1.00 annually until such time the improvements are constructed.

ANNEXATION TERRITORY
The Annexation Territory consists of all lots and parcels of land within the planned development identified as Tract No. 20275 which will develop out to 135 residential units.

This Report has been prepared pursuant to the provisions of the California Constitution and the 1972 Act and shall serve as the detailed engineer’s report regarding the annexation of the designated Annexation Territory into the Victorville Landscape Maintenance Assessment District No. 6. The proposed assessment s will be levied on the properties therein commencing in Fiscal Year 2023/2024 for the proportional special benefits the properties will receive from the ongoing maintenance and servicing of the improvements associated with and/or resulting from the development of properties within the Annexation Territory.

The City Council proposes to annex the Annexation Territory into the District as Tract No. 20275, and to levy and collect annual special benefit assessments on the County tax rolls to provide ongoing funding for the direct expenditures, incidental expenses, and fund balances that are necessary to service and maintain the landscaping improvements associated with and resulting from the development of property within the Annexation Territory. The improvements described in this Report for the Annexation Territory are based on the initial improvement and development plans for Assessor Parcel Number 3133- 111-01-0000 and by reference those plans, and specifications are made part of this Report.

The estimated budget provided herein is based on the City’s estimate of the Annexation Territory expenses for local improvements and services in the Annexation Territory. The r esulting annual assessments are calculated utilizing the method of apportionment established under Part II Method of Apportionment and are made pursuant to the 1972 Act and the substantive and procedural provisions of the California Constitution .

The word “parcel,” for the purposes of this Report, refers to an individual property assigned its own Assessor’s Parcel Number (APN) by the San Bernardino County Assessor’s Office. The San Bernardino County Auditor/Controller uses Assessor’s Parcel Numbers and specific Fund Numbers to identify properties to be assessed on the tax roll for the special benefit assessments.

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PROCEEDINGS AND REPORT CONTENT
This Report specifically addresses the proposed annexation of Territory, the resulting boundary change, the various improvements within the Tract , and the proposed assessment to be levied in connection with the special benefits the properties will receive from the maintenance and servicing of the improvements based on the estimated operating and maintenance expenses. The proposed annual assessments to be levied on properties within the Annexation Territory will provide a source of funding for the continued operation, maintenance, and servicing of the landscaping and appurtenant facilities ( collectively referred to as improvements) to be provided by the District for the special benefit of properties within the Tract.

The District assessments as described herein are based on the City’s estimate of the costs to maintain, operate and service the improvements. The costs of the improvements and the proposed annual assessments budgeted and assessed against properties within the Annexation Territory may include, but are not limited to the estimated expenditures for regular annual maintenance and repairs; incidental expenditures related to the operation and administration of the District; deficits or surpluses from prior years; revenues from other sources; and the collection of funds for operational reserves and/or periodic repairs, replacements and rehabilitation projects as authorized by the 1972 Act. The net annual cost to provide the improvements for each Tract are allocated to the benefiting properties within that Tract using a weighted method of apportionment (refer to Assessment Methodology in Section II, Method of Apportionment) that calculates the proportional special benefit and assessment for each parcel as compared to other properties that benefit from the District improvements and services. Thus, each parcel is assessed proportionately for only those improvements, services, and expenses for which the parcel will receive special benefit.

As specified by the California Constitution, Article XIIID Section 4e :
“A majority protest exists if, upon the conclusion of the hearing, ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment. In tabulating the ballots, the ballots shall be weighted according to the proportional financial obligation of the affected property.” After completion of the ballot tabulation, the City Council will confirm the results of the balloting. If majority protest exists for the proposed Tract No. 20275 assessments, further proceedings to annex the parcels within the District and implementation of the Tract and assessments shall be abandoned.

If tabulation of the ballots indicate that majority protest does not exist for the proposed assessments and the assessment range formula presented and described herein, the City Council by resolution may adopt this Report (as submitted or amended); approve the assessment diagrams (Tract Boundary Diagram) contained herein; order the annexation of the parcels within LMAD No. 6 and the improvements to be made; and confirm the assessments as outlined in this Report.

The assessments as approved, may be levied and collected on the County tax rolls commencing in Fiscal Year 2023/2024 and may be handbilled in Fiscal Year 2022/2023. For F iscal Year 2023/2024 and each Victorville Landscape Maintenance Assessment District No. 6 Engineer’s Report
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subsequent fiscal year, this tract will be included in the Annual Consolidated Landscape Maintenance Assessment District R eport, which shall be prepared and presented to the City Council to address any proposed changes, including Tract No. 20275 , as well as any proposed changes to the improvements, budgets, and assessments for that fiscal year. The City Council shall hold a noticed public hearing regarding these matters prior to approving and ordering the levy of annual assessments for the District.

If in any fiscal year, the proposed annual assessments for parcels with the District exceed the maximum assessments described herein, such an assessment would be considered an increased assessment and must be confirmed through a mailed property owner protest ballot proceeding for the affected parcels before the increased assessment may be imposed.

Report Content
This Report has been prepared i n connection with the annexation of an individual parcel into LMAD No. 6 and the resulting assessment for the parcel within Tract No. 20275 established herein in connection with the annexation of Territory for Fiscal Year 2022/2023, pursuant to a resolution of the City Council and consists of five (5) parts:

This section also identifies and outlines an Assessment Range Formula (inflationary adjust ment) that provides for an annual adjustment to the maximum assessment rate that establishes limits on future assessments, but also provides for reasonable cost adjustments due to inflation.

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Part IV — Boundary Diagram
A diagram showing the existing District and Annexation Territory . The lines and dimensions of each lot, parcel, and subdivision of land contained in this diagram are inclusive of all parcels listed in “Part V – Assessment Roll” of this Report and the corresponding County Assessor’s Parcel Maps for said parcels as they existed at the time this Report was prepared and shall include all subsequent subdivisions, lot -line adjustments, or parcel changes therein. Reference is hereby made to the San Bernardino County Assessor’s maps for a detailed description of the lines and dimensions of each lot and parcel of land within Annexation Territory.

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Part I — Plans and Specifications

DESCRIPTION OF THE DISTRICT
The purpose of this District and specifically the Annexation Territory is to provide in part through annual assessments, funding for the ongoing operation, maintenance, and servicing of local landscaping, and related appurtenant facilities and services in specified areas of the City. The territory within the District consists of those lots or parcels of land within the City of Victorville for which the City, through the District maintains these local improvements and related amenities installed in connection with the development of those properties and for the benefit of those lots or parcels.

As authorized by the 1972 Act , the improvements provided by the District and associated with each Tract incorporate various local and related amenities installed in connection with the development of those properties and are maintained and serviced for the benefit of real property within that Tract. The maintenance of the improvements may also include various appurtenances including, but not limited to block walls, retaining walls or other fencing, trail and path surfaces, stamped concret e, pavers, mulch or other hardscapes, irrigation and related electrical equipment and drainage systems, benches, play structures, picnic or other recreational facilities, monuments, signage, ornamental lighting, street lighting, and related equipment. The work to be performed within the respective Tract may include but is not limited to (as applicable), the personnel, materials, equipment, electricity, water, contract services, repair and rehabilitation of the improvements and incidental expenses required to operate the District and provide the improvements and services.

Improvements provided within the District may include but are not limited to:
 Landscaping and related facilities and amenities located within designated street medians, parkway and streetscape side-panels, and entryways within the public right of ways or easements adjacent to public right of ways; and within public places including greenbelt areas, open spaces, and neighborhood parks within each respective Tract. These improvements may include, but are not limited to:
• various landscape materials such as trees, turf, shrubs, vines, ground cover, annual or perineal plantings;
• irrigation and drainage systems;
• structural amenities such as monuments, block walls, retaining walls, or other fencing; • hardscapes including mulch, trail and path surfaces, stamped concrete, and pavers; The maintenance of these improvements may include, but is not limited to the regularly scheduled mowing, trimming, pruning, fertilization, pest control, weed and graffiti abatement; installation, replacement and rehabilitation of the landscaping, repair or replacement of irrigation or drainage systems; repair or replacement of hardscape improvements and recreational amenities. The City’s Public Works Department shall authorize and schedule such maintenance and servicing as need and based on available funding.

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As of Fiscal Year, 2021/2022 the District was comprised of the following Tracts and developments:

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ANNEXATION TERRITORY FISCAL YEAR 2022/2023
Tract No. 20275
Generally located at the southeast corner of Monte Vista Road and Luna Road will develop out one hundred thirty-five (135) single-family residential units currently identified by the San Bernardino County Assessor’s Office as parcels 3133-111-01-000. Improvements within this area will are on file with the City.

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Part II — Method of Apportionment

The improvements provided by this District and for which properties within the Annexation Territory are assessed, are identified as local landscaping, and related amenities that were either installed in direct connection with the development of properties to be included within designated Tract No. 20275 or were installed for the benefit of those properties as a result of property development or potential development of those properties and were considered necessary elements for the development of such properties to their full and best use. The formulas used for calculating assessments and the designation of Tract herein reflect the composition of parcels within the Annexation Territory, and the improvements and activities to be provided, and have been designed to fairly apportion the cost of providing those improvements based on a determination of the proportional special benefits to each parcel.

In addition to the provisions of the 1972 Act , Article XIII D of the California Constitution outlines specific requirements regarding assessments including the following:

Article XIII D Section 2d defines District as follows:
“District means an area determined by an agency to contain all parcels which will receive a special benefit from a proposed public improvement or property-related service;” Article XIII D Section 2i defines Special Benefit as follows:
“Special benefit” means a particular and distinct benefit over, and above general benefits conferred on real property located in the district or to the public at large. General enhancement of property value does not constitute “special benefit.”
Article XIII D Section 4a defines proportional special benefit assessments as follows:
“An agency which proposes to levy an assessment shall identify all parcels which will have a special benefit conferred upon them and upon which an assessment will be imposed. The proportionate special benefit derived by each identified parcel shall be determined in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the property related service being provided. No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel.”

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In Parkways and Land Values, written by John Nolan and Henry V. Hubbard in 1937, it is stated:
“... there is no lack of opinion, based on general principals and experience and common sense, that parkways do in fact add value to property, even though the amount cannot be determined exactly.... Indeed, in most cases where public money has been spent for parkways the assumption has been definitely made that the proposed parkway will show a provable financial profit to the City. It has been believed that the establishment of parkways causes a rise in real estate values throughout the City, or in parts of the City...” In The Economic Value of Trees in Urban Areas, written by Phillip Killicoat, Eva Puzio and Randy Stringer in 2002, it is stated:
“Increased property values, increased tax revenues, increased income levels, faster real estate sales turn- over rates, shorter unoccupied periods…have all been linked to tree and landscape presence.” It should be noted that the definition of “parkways” above may include the roadway as well as the landscaping alongside the roadway including City-owned and maintained trees within the public right-of-way.

Landscaping General Benefit
Section 4 of Article XIIID provides that once a local agency, which proposes to impos e assessments on property, has identified those parcels that will have special benefits conferred upon them and upon which an assessment will be imposed, the local agency must next “separate the general benefits from the special benefits conferred,” and only the special benefits can be included in the amount of the assessment imposed.

It has been determined that in most cases, the benefits conferred on other properties or to the public at large is more general in nature and are not consider ed special benefits. For example, the proper maintenance of landscaping and landscape appurtenant facilities within the Districts control dust from blowing onto properties within the Districts but may also indirectly control dust from blowing onto properties outside of the D istricts.

The spraying and treating of landscaping for disease reduces the likelihood of insect infestation and other diseases spreading to landscaping throughout the Districts, but also reduces the likelihood that other properties would be affected. In addition, the proper maintenance of landscaping and landscape ornamental structures provides a positive visual experience to persons passing by the Districts. Although these examples could be considered benefits, they are clearly incidental benefits conferred by the proper maintenance of the improvements and not a direct and special benefit to any properties other than those for which the improvements are maintained. The improvements in the Districts create a common landscape theme and neighborhood identity for the parcels within each residential subdivision. Only the parcels which are within the residential subdivisions will be assessed. Accordingly, there is a direct physical and visual nexus between the parcels being assessed and the funding of the improvements that does not exist for those parcels outside of the District boundaries. Therefore, it has been determined that all improvements provided by the Districts are considered only special benefits for assessment purposes unless otherwise noted. Any portio n of the improvements and the costs associated with those improvements determined to be a quantifiable general benefit will be funded from other revenue sources and will be excluded from the special benefit assessments.

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ASSESSMENT METHODOLOGY
To assess benefits equitably it is necessary to calculate each property’s relative share of the special benefits conferred by the funded improvements and service. The Equivalent Benefit Unit (EBU) method of assessment apportionment is utilized for this Dis trict and establishes a basic unit (base value) of benefit and then calculates the benefit derived by each assessed parcel as a multiple (or a fraction) of that basic unit. The EBU method of apportioning special benefits is typically seen as the most appropriate and equitable assessment methodology for assessment districts, as the benefit to each parcel from the improvements are apportioned as a function of comparable property characteristics which may include but is not limited to land use and property size.

For the purposes of this Engineer's Report, an EBU is the quantum of benefit derived from the various Tract improvements by a single-family residential parcel. The single-family residential parcel has been selected as the basic unit for calculation of assessments. Thus, the "benchmark" property (the single -family residential parcel) derives one EBU of benefit and is assigned 1.00 Equivalent Benefit Unit . Pursuant to the 1972 Act, the costs of the District may be apportioned by any formula or method that fairly distributes the net amount to be assessed, among all assessable parcels in proportion to the estimated benefits to be received by each parcel from the improvements. The benefit formula used for the District should reflect the composition of the parcels, and the improvements and services provided, to fairly apportion the costs based on special benefit to each parcel.

The existing District’s Method of Apportionment utilizes commonly accepted assessment -engineering practices and were established purs uant to the 1972 Act and the provisions of the California Constitution.

The method outlined is based on the premise that each assessed parcel receives benefit from the improvements maintained and financed by the District’s assessments. The desirability of properties within each Tract is enhanced by the presence of well-maintained landscaping in close proximity to those properties.

The following table provides the weighting factors to various land-use types and parcel sizes as reported by the most current year’s San Bernardino County Assessor’s Secured Roll, which determines each parcel’s EBU assignment:

LAND USE EQUIVALENT BENEFIT

UNIT FACTOR
NO. OF

PARCELS MULTIPLIER
Single-Family Residential 1 5,993 Per Benefit Unit
Reduced Single-Family Residential 1 563 Per Benefit Unit TOTAL 6,556
Note: Number of parcels currently listed in the District are before annexation Exempt Properties
Publicly-owned open space including, but not limited to, the parks, recreation fields or other vacant lands are not assessed since the property exists for the benefit of other land uses in the District. Vacant property that cannot be developed for residential, commercial or industrial uses is not assessed. This includes, but is not limited to, public streets, utility easements, rights-of-way, common areas, landlocked parcels and parcels that are too small for development. Additionally, utility rights -of-ways, easements, drainage channels, drainage Victorville Landscape Maintenance Assessment District No. 6 Engineer’s Report
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basins, and parcels that are used solely for the purpose of accessing entry to other parcels, and those parcels that have been vacated by the City that have little to no value and do not benefit from the improvements are also exempted from assessment.

In order to assure that the improvement funding is sufficient in the future to address the ongoing maintenance and replacement c ost increases that naturally occur over time due to inflation, the special benefit assessments being presented to the property owners in the ballot proceeding conducted in connection with this Report includes an annual inflationary adjustment (assessment r ange formula). This inflationary adjustment formula provides for the Fiscal Year 2022/2023 maximum assessments (initial maximum assessment rate) established herein for the Annexation Territory to increase by an amount equal to the annual percentage increas e of the Local Consumer Price Index (CPI) for “All Urban Consumers” for the Riverside-San Bernardino-Ontario Areas (January of the given year from the previous January or similar period).

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Part III — Estimate of Costs

The 1972 Act provides that the estimated costs of the improvements shall include the total cost of the improvements, including incidental expenses.

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Annexation Territory Budget Fiscal Year 2022/2023
DESCRIPTION Tract 20275
U
TILITIES-ELECTRICITY $163
UTILITIES-WATER USAGE 2,717
TELEPHONE 225
UTILITIES SUB-TOTAL $3,105
CITY ADMINISTRATION $1,373
CONSULTING SERVICES 101
COUNTY FEES 31
ADMINISTRATION SUB-TOTAL $1,505
MAINTENANCE STAFF SALARY AND BENEFITS $3,021
CONTRACT SERVICES 7,898
GROUNDS MAINTENANCE 378
IRRIGATION MAINTENANCE 741
INFRASTRUCTURE REPAIRS 31
VEHICLES AND EQUIPMENT 393
TOOLS AND SMALL EQUIPMENT 134
VANDALISM/ACCIDENTS 2,329
MAINTENANCE SUB-TOTAL $14,925
EXPENDITURE BUDGET $19,535
BALANCE TO LEVY $19,535
Equivalent Benefit Units at Build Out 135.00
Equivalent Benefit Unit-Not Built 1.00
FY 2022/23 Assessment Rate $144.70
FY 2022/23 Assessment Rate Not Built $1.00
FY 2022/23 Max. Allowable Assessment per Benefit Unit $157.12 FY 2022/23 Max. Allowable Assessment per Benefit Unit-Not Build Out $1.00 FISCAL YEAR 2022/2023 BUDGETS

Note: The budget represents the Tract’s fair share of cost if developed and levied in Fiscal Year 2022/23. The budget has been rounded to the nearest dollar.

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Part IV — Boundary Diagram
The Fiscal Year 2022/2023 District Diagram on the following page shows the diagram for Tract No. 20275.

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The following is the lot and parcel of land (parcel) within the Annexation Territory and the corresponding maximum assessments being set for Fiscal Year 2022/2023.

Attachment F
Mailed Assessment Ballots

NOTICE OF PUBLIC HEARING AND ASSESSMENT BALLOT PROCEDURES DRAINAGE FACILITIES ASSESSMENT DISTRICT NO. 1
TRACT NO. 20275

CITY OF VICTORVILLE

Purpose of this Notice
The purpose of this notice, that includes both this document and the accompanying Assessment Ballot, which also includes Instructions for Completion and Delivery of Assessment Ballot, is:
 to provide information to the record owners of pro perty within Drainage Facilities Assessment District No. 1, Tract 20275 (“District”) of the City of Victorville (“City”), regarding proceedings being undertaken by the City to levy new or increased annual assessments (“new assessment”) on those prop erties;  to transmit an Assessment Ballot to the owners of property within Tract No. 20275, to enable such own er or owners to express support or opposition to the levy of the pr oposed new assessment on such property, by completi ng and returning the Assessment Ballot; and
 to identify the time and place of the scheduled pu blic hearing on these matters and to provide instructions to the owner or owners to assist in completing the Assessment Ba llot and returning it to the City.

Reason for the Assessment
The proposed new assessment on properties within Tract No. 20275 will provide a stable revenue source to fund the ongoing special benefit expenses associated with the servicing and maintenance of drainage landscape and irrigation improvements for Tract 20275 including, but not limited to, dra inage landscaping, planting, shrubbery, trees, gras s, other ornamental vegetation, irrigation systems, hardscapes, and fix tures; statuary, fountains, and other ornamental st ructures and facilities; facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, clearing, r emoval of debris, the installation or construction of curbs, gutters, walls, sidewalks, paving, or water, irrigation, drainage, or electrical facilities. All of these improvements are considered a particular and distinct special benefit to properties in Tract No. 20275 and the new assessments are intended to support the continued maintenance of these improvements at an appropriate level of service, as well as, related renovations or capital improvements.

Basis upon which the New Assessments are calculated
Each year the City determines the estimated cost to maintain and service the improvements within each Zone of the District to appropriately allocate those costs to only the b enefiting properties. The cost of providing the imp rovements determined to be of special benefit are allocated to parcels within each Zone based on a benefit formula that equitably distributes those costs based on the proportional special benefits to each parcel. Parcels within each Zone are assigned an Equivalent Benefit Unit (EBU) that reflects each parcel’s proportional special benefit as compared to other parcels that benefit from the improvements. In Tract No. 20275, the benefiting properties assessed are residential. Each residential unit is assessed one (1) Equivalent Benefit Unit (EBU). The total eligib le special benefit expenses for Tract No. 20275 (“B alance to Levy”) is divided by the total EBU of all parcels within Tract No. 20275. The result of this calculation establishes an assessment rate per Equivalent Benefit Unit (“Levy per EBU” or “Ass essment Rate”). This Assessment Rate multiplied by each parcel’s assigned EBU equals each parcel’s annual assessment amount.

Total Balance to Levy / Total EBU = Levy per EBU (A ssessment Rate) Levy per EBU x Parcel EBU = Parcel Levy Amount
A more detailed description of the improvements and basis upon which new assessments have been calculated is described in the Engineer’s Report, which is on file with the City and available on the City’s website.

The Total Annual Assessment proposed to be charged
The total annual amount of the assessments being balloted to properties within Tract No. 20275 is $29,936.25. This total amount balloted divided by the total number o f Equivalent Benefit Units (EBUs) within Tract No. 20275 results in an assessment rate of $221.75 per EBU (Maximum Assessm ent Rate for Fiscal Year 2022/2023). The amount of the new assessment identified on the accompanying Assessmen t Ballot as “Your Parcel’s Balloted Assessment Amou nt” is based upon this new Maximum Assessment Rate and your prop erty’s proportional special benefit based on your p arcel’s EBU assignment. If the new assessments are approved in these proceedings, your parcel’s assessment amount and the assessment rate are subject to the annual inflationary adjustment described herein.

Inflationary Adjustment
Because the cost of servicing and maintaining local landscaping improvements are impacted by inflation over time, the proposed maximum assessment rate of $221.75 per EBU and your parcel’s corresponding assessment includes an annual inflationary adjustment (assessment range formula). This inflationary adjustment formula provides for the Fiscal Year 2022/2023 maximum assessments (initial maximum asse ssment rate) established herein for the Annexation Territory to increase by an amount equal to the annual percentag e increase of the Local Consumer Price Index (CPI) for “All Urban

Consumers” for the Riverside-San Bernardino-Ontario Areas (January of the given year from the previous January or similar period). If the new assessment is approved, this annual inflationary adjustment shall be applied to the maximum assessment rate established in these proceedings (maximum asse ssment rate for Fiscal Year 2023/2024) and your cal culated assessment each year may be adjusted accordingly.

Duration of the Assessments
If approved, the proposed assessment indicated on t he accompanying Ballot may be assessed and appear o n your 2022/2023 property tax bill. (At the City Council’s discretion, a lesser amount may be assessed). Beca use the proposed assessments will provide annual funding for the ongoing maintenance and operation of the improvements, there is no sunset on the assessments (no end date), but the annual bu dget and assessments shall be presented at a public hearing each fiscal year, which is open to the public for comment and testimony.

Public Hearing
Notice is hereby given that a public hearing regard ing the proposed levy of a new assessment for Drain age Facilities Assessment District No. 1, Tract No. 202 75, will be held during a regular meeting of the Vi ctorville City Council, in the City Council Chambers at City Hall, located at 14343 Civic Dr, Victorville, California, on the following date and commencing at the following time:

Tuesday, September 6, 2022, starting 6:00 P.M.

The City Council shall consider all objections and protests, if any, to the proposed new assessment on properties within Tract No. 20275 which has been deemed necessary fo r the operation and maintenance of Tract No. 20275 drainage landscaping improvements. Any interested person sha ll be permitted to present written and oral testimo ny regarding these proceedings. The City Council may impose reasonable time limits on both the length of the entire publi c hearing and the length of each interested person’s oral testimony. The City Council may also continue the public hearing from time to time.

Protest Provisions
Pursuant to California Constitution Article XIIID, Section 4 (e), at the Public Hearing, the City Coun cil shall consider all protests against the proposed new assessment. In ad dition to the property owner Assessment Ballots, wr itten protests regarding the District and assessments may be filed with the City Clerk prior to or during the Public Hearing. The City shall not impose an assessment increase for Tract No. 20275 if there is a majority protest, as calculated set forth below.

Assessment Ballot
The amount of the assessment identified on the acco mpanying Assessment Ballot as “Your Parcel’s Ballot ed Assessment Amount” represents your parcel’s proportional special benefit of the total amount being balloted at the maximum assessment rate. Any time before the end of the Public Hearing, you may submit the Assessment Ballot to the City Clerk. To do so: mark the Ballot either “ YES — IN FAVOR OF THE NEW ASSESSMENT” or “ NO — OPPOSED TO THE NEW ASSESSMENT”, sign the Ballot, seal the Ballot in the enclosed re turn envelope, and mail or deliver it to the City C lerk. If you do not use the envelope provided, the return envelope should have the words “ASSESSMENT BALLOT, DO NOT OPEN” printed on the outside to ensure it is not opened in advance of the Public Hearing. The Ballot may be submitted, changed or withdrawn at any time before the end of the Public Hearing. If you need a replacement Ballot, call the “Contact Person” listed below.

Only Ballots issued by the City are considered vali d Ballots (copies or facsimiles are not valid ballo ts). Any Ballot returned unmarked or unsigned, or not received by the City Clerk before the end of the public hearing will be rejected and not counted.

The proposed new assessment will not be imposed for Tract No. 20275 if the Ballots submitted in opposition to the new assessment exceed the Ballots submitted in favo r of the assessment, with each Ballot weighted according to the dollar amount of the assessment on the property to which that Ballot relates.

Only valid Ballots received by the City Clerk before the end of the public hearing shall be counted. In addition to the property owner Assessment Ballots, written protests regardin g the District and assessments may be filed with th e Office of the City Clerk prior to or during the Public Hearing. Please ensure that your Assessor’s Parcel Number (APN) li sted on the accompanying Assessment Ballot is included on any w ritten protest or correspondence so that your prope rty can be correctly identified for the record.

Contact Person
For more information contact: Karem Ostrom, Adminis trative Analyst, 14343 Civic Dr, Victorville, CA 92 392, Telephone:
(760) 243-6355; email: [email protected].

OFFICIAL ASSESSMENT BALLOT
DRAINAGE FACILITIES ASSESSMENT DISTRICT NO. 1
TRACT NO. 20275

CITY OF VICTORVILLE

This Ballot is for the property designated as Assessor’s Parcel Number : 3133-111-01-0000

KB HOME GREATER LOS ANGELES INC
36310 INLAND VALLEY DR
WILDOMAR CA 92595

This is your official property owner assessment bal lot regarding the proposed assessment for propertie s in Tract No. 20275 of Drainage Facilities Assessment District No. 1 (“ District”) to fund the ongoing special benefit expe nses associated with the maintenance of landscape drainage improvements as o utlined in the accompanying Notice and described mo re fully in the Engineer’s Report, which is on file with the City Clerk.

To complete your ballot, mark an (X) in the voting square next to the word “YES” or next to the word “ NO” below, sign and date the ballot, and return the entire ballot to the City Clerk. If you wrongly mark, tear, or deface this ballot, return it to the City Clerk with a request for a replacement ballot. All ballots must be received by the City Clerk of the City of Victorville no later than the close of testimony at the public hearing scheduled for September 6, 2022.

Situs Address: MONTE VISTA RD VICTORVILLE CA 92392

BALLOT
Assessor’s Parcel Number: 3133-111-01-0000

Current Maximum Assessment Rate: $0.00 per EBU (Equivalent Benefit Unit) Proposed New Maximum Assessment Rate: $221.75 per EBU (Equivalent Benefit Unit) Total EBUs 135.00

Your Parcel’s Balloted Assessment
Maximum Amount FY 2022/2023 : $29,936.25

This is an annual assessment that is collected as part of your County property tax bill.

The amount assessed each fiscal year shall be based on the net expenses to be assessed, but the assessments may not exceed the Proposed New Maximum Assessment Rate shown above plus the annual inflation adjustment without the approval of the property owners.


YES — IN FAVOR OF THE ASSESSMENT proposed for
Tract No. 20275 and the new assessment for my prope rty shown above including the annual inflation adjustme nt
applicable to future assessments based on the perce ntage change in the Consumer Price Index (CPI.


NO — OPPOSED TO THE ASSESSMENT proposed for
Tract No. 20275 and the new assessment for my prope rty shown above including the annual inflation adjustme nt
applicable to future assessments based on the perce ntage change in the Consumer Price Index (CPI).

I hereby declare, under penalty of perjury, that I am the record owner of the property (Assessor’s Parcel Number) identified on this ballot or I am the authorized representative of that record owner.

Signed ____________________________________________ _
Date _______________________

Please see the back of this sheet for information about your assessment ballot and instructions for co mpletion and delivery of the assessment ballot.

INFORMATION ABOUT YOUR ASSESSMENT BALLOT AND

INSTRUCTIONS FOR COMPLETION AND DELIVERY OF ASSESSM ENT BALLOT

Drainage Facilities Assessment District No. 1
Tract No. 20275
City of Victorville

To Cast Your Ballot: Prior to the public hearing, completed ballots may be personally delivered to th e City Clerk located at 14343 Civic Dr, Victorville, California or mailed t o the City Clerk at the address indicated below. A return envelope has been provided for your convenience that is addressed to the City Clerk. You may also personally present com pleted ballots to the City Clerk at the public hearing on September 6, 20 22. If you return your ballot by mail, please be su re to allow time for mail delivery; the City Clerk must receive all ballots n o later than the end of the public testimony portio n of the public hearing on September 6, 2022. If you damage or misplace your ballot, a replacement ballot can be obtained by contacting Karem Ostrom, Administrative Analyst, City of Victorville as indicated on the Notice accompanying this, Ballot.

All submitted ballots must be clearly marked to indicate either “Yes — In Favor of the assessment” or “No — Opposed to the assessment” and signed; otherwise the ballot will be rejected and not counted. To ensure the privacy of your ballot prior to the tabulation, please return your ballot in the envelope provided, or in a sealed env elope that indicates that a ballot is enclosed by noting on the front of the envelope “Assessment Ballot, Do Not Open”.

A ballot previously submitted may be withdrawn at any time prior to the close of the public hearing by request to the City Clerk, by the person(s) that signed the submitted ballot. An assessment ballot may be changed at any time pri or to the end of the public hearing by requesting a withdrawal of the previous ballot and requesting a replacement ballot. Only the person(s) signing the ballot may make such a request. The replacement ballot must be received by the City Clerk prior to the deadline set forth herein.

If you have questions: Should you have any questions prior to the public hearing, you may call City Clerk’s Office (760) 955- 5188 during regular business hours. Additional information is also available at the Engineering Depart ment.

City Clerk
14343 Civic Dr
Victorville, CA 92392

How to cast your ballot:

1. 
Check
Yes or No

2. 
Sign and
date it

3. 
Return to the City Clerk on or before the Public Hearing on, September 6, 2022, in accordance with the deadlines
referenced above

Completed ballots MUST be received by the City Cler k no later than the close of the public testimony portion of the public hearing, which is scheduled to begin on Tuesday, September 6, 2022, at 6:00 p.m ., in the City Council Chambers at City Hall, located at 14343 Civic Dr, Victorville, California

NOTICE OF PUBLIC HEARING AND ASSESSMENT BALLOT PROCEDURES LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO.6
TRACT NO. 20275

CITY OF VICTORVILLE

Purpose of this Notice
The purpose of this notice, that includes both this document and the accompanying Assessment Ballot, which also includes Instructions for Completion and Delivery of Assessment Ballot, is:
 to provide information to the record owners of pro perty within Landscape Maintenance Assessment District No. 6, Tract 20275 (“District”) of the City of Victorville (“City”), regarding proceedings being undertaken by the City to levy new or increased annual assessments (“new assessment”) on those properties;  to transmit an Assessment Ballot to the owners of property within Tract No. 20275, to enable such own er or owners to express support or opposition to the levy of the pr oposed new assessment on such property, by completi ng and returning the Assessment Ballot; and
 to identify the time and place of the scheduled pu blic hearing on these matters and to provide instructions to the owner or owners to assist in completing the Assessment Ba llot and returning it to the City.

Reason for the Assessment
The proposed new assessment on properties within Tract No. 20275 will provide a stable revenue source to fund the ongoing special benefit expenses associated with the servic ing and maintenance of landscape improvements for T ract 20275 including, but not limited to, landscaping, planting, shrubbery, trees, grass, other ornamental vegetation, irrigation systems, hardscapes, and fixtures; statuary, fountains, and other ornamental structures and facilities; facilities which are appurtenant to any of the foregoing or which are necessary or c onvenient for the maintenance or servicing thereof, including, but not limited to, clearing, removal of debris, the instal lation or construction of curbs, gutters, walls, si dewalks, paving, or water, irrigation, drainage, or electrical facilities. All of these improvements are considered a particular and distinct special benefit to properties in Tract No. 20275 and the new assess ments are intended to support the continued mainten ance of these improvements at an appropriate level of service, as well as, related renovations or capital improvements.

The Total Annual Assessment proposed to be charged
The total annual amount of the assessments being balloted to properties within Tract No. 20275 is $21,211.20. This total amount balloted divided by the total number o f Equivalent Benefit Units (EBUs) within Tract No. 20275 results in an assessment rate of $157.12 per EBU (Maximum Assessm ent Rate for Fiscal Year 2022/2023). The amount of the new assessment identified on the accompanying Assessmen t Ballot as “Your Parcel’s Balloted Assessment Amou nt” is based upon this new Maximum Assessment Rate and your prop erty’s proportional special benefit based on your p arcel’s EBU assignment. If the new assessments are approved in these proceedings, your parcel’s assessment amount and the assessment rate are subject to the annual inflationary adjustment described herein.

Inflationary Adjustment
Because the cost of servicing and maintaining local landscaping improvements are impacted by inflation over time, the proposed maximum assessment rate of $157.12 per EBU and your parcel’s corresponding assessment includes an annual inflationary adjustment (assessment range formula). This inflationary adjustment formula provides for the Fiscal Year 2022/2023 maximum assessments (initial maximum asse ssment rate) established herein for the Annexation Territory to increase by an amount equal to the annual percentag e increase of the Local Consumer Price Index (CPI) for “All Urban Consumers” for the Riverside-San Bernardino-Ontario Areas (January of the given year from the previous January or similar

period). If the new assessment is approved, this annual inflationary adjustment shall be applied to the maximum assessment rate established in these proceedings (maximum asse ssment rate for Fiscal Year 2023/2024) and your cal culated assessment each year may be adjusted accordingly.

Public Hearing
Notice is hereby given that a public hearing regard ing the proposed levy of a new assessment for Lands cape Maintenance Assessment District No. 6, Tract No. 20 275, will be held during a regular meeting of the V ictorville City Council, in the City Council Chambers at City Hall, located at 14343 Civic Dr, Victorville, Calif ornia, on the following date and commencing at the following time :

Tuesday, September 6, 2022, starting 6:00 P.M.

The City Council may impose reasonable time limits on both the length of the entire public hearing and the length of each interested person’s oral testimony. The City Council may also continue the public hearing from time to time.

Contact Person
For more information contact: Karem Ostrom, Adminis trative Analyst, 14343 Civic Dr, Victorville, CA 92 392, Telephone:
(760) 243-6355; email: [email protected].

OFFICIAL ASSESSMENT BALLOT
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO.6
TRACT NO. 20275

CITY OF VICTORVILLE

This Ballot is for the property designated as Assessor’s Parcel Number : 3133-111-01-0000

KB HOME GREATER LOS ANGELES INC
36310 INLAND VALLEY DR
WILDOMAR CA 92595

This is your official property owner assessment bal lot regarding the proposed assessment for propertie s in Tract No. 20275 of Landscape Maintenance Assessment District No. 6 (“District”) to fund the ongoing special benefit ex penses associated with the maintenance of landscape improvements as o utlined in the accompanying Notice and described mo re fully in the Engineer’s Report, which is on file with the City Clerk.

Situs Address: MONTE VISTA RD VICTORVILLE CA 92392

BALLOT
Assessor’s Parcel Number: 3133-111-01-0000

Current Maximum Assessment Rate: $0.00 per EBU (Equivalent Benefit Unit) Proposed New Maximum Assessment Rate: $157.12 per EBU (Equivalent Benefit Unit) Total EBUs 135.00

Your Parcel’s Balloted Assessment
Maximum Amount FY 2022/2023 : $21,211.20

This is an annual assessment that is collected as part of your County property tax bill.

Signed ____________________________________________ _
Date _______________________

Please see the back of this sheet for information about your assessment ballot and instructions for co mpletion and delivery of the assessment ballot.

INFORMATION ABOUT YOUR ASSESSMENT BALLOT AND

INSTRUCTIONS FOR COMPLETION AND DELIVERY OF ASSESSM ENT BALLOT

Landscape Maintenance Assessment District No. 6
Tract No. 20275
City of Victorville

City Clerk
14343 Civic Dr
Victorville, CA 92392

How to cast your ballot:

1. 
Check
Yes or No

2. 
Sign and
date it

3. 
Return to the City Clerk on or before the Public Hearing on, September 6, 2022, in accordance with the deadlines
referenced above

Attachment G
July 19, 2022 Staff Report
Item Number: 18
City Council / Board of Directors
Written Communications
Meeting of: July 19, 2022
Submitted By:

Brian Gengler, City Engineer

Subject:

Initiate the Annexation of Tract No. 20275 into Drainage Facilities Assessment District No. 1 and Landscape Maintenance Assessment District No. 6 Recommendation:

That the City Council:
(1) Approve Resolution No. 22-031 to initiate proceedings to annex Tract No. 20275 into Drainage Facilities Assessment District No. 1;
(2) Approve Resolution No. 22-062 to initiate proceedings to annex Tract No. 20275 into Landscape Maintenance Assessment District No. 6;
(3) Approve Resolution No. 22-063 to preliminarily approve the Drainage Facilities Assessment District No. 1 Engineer’s Report;
(4) Approve Resolution No. 22-071 to preliminarily approve the Landscape Maintenance Assessment District No. 6 Engineer’s Report; and
(5) Approve Resolution Nos. 22-072 and 22-073 setting a public hearing date of September 6, 2022.

Fiscal Impact:

There is no fiscal impact associated with the approval of resolutions listed above.

Background:

The property owner for Tract Map No. 20275 (Tract 20275) has petitioned the City to annex the tract into the City-Wide Drainage Facilities Assessment District No. 1 (DFAD 1) and the Landscape Maintenance Assessment District No. 6 (LMAD 6) in order to comply with the Conditions of Approval for Tract 20275. Tract 20275 is located at the southeast corner of Monte Vista Road and Luna Road. Tract 20275 is a proposed 135- lot single-family subdivision that includes drainage and landscaping improvements within 2 6
9 4
the tract. This annexation will provide for the perpetual maintenance and servicing of the drainage and landscape improvements by means of a new annual assessment to each property within Tract 20275.

Discussion:

The City formed DFAD 1 and LMAD 6 pursuant to the Landscaping and Lighting Act of 1972, Streets and Highways Code section 22500 et seq. (the Act); the applicable provisions of Proposition 218 (Article XIIID of the California Constitution, hereinafter referred to as the “California Constitution”); and Government Code section 53753, part of the Omnibus Act.

DFAD 1 and LMAD 6 allows the City to collect assessments for maintaining and servicing the drainage and landscaping improvements within these districts. Assessments are levied and collected annually according to the special benefits received by properties from the improvements provided by the City. The formation documents of DFAD 1 and LMAD 6 contain a mechanism permitting the annual assessment amount to be adjusted from time to time, commensurate with increases in the costs to maintain the drainage and landscaping improvements.

A public hearing regarding the amount of the assessments is conducted annually by the City Council. In accordance with the special benefit calculation contained in the annual Engineer’s Report, the total assessments for DFAD 1 and LMAD 6 are equally distributed amongst all the parcels within the district boundaries. The current annual assessment amounts per parcel are $204.21 for DFAD 1 and $144.70 for LMAD 6. Both districts are adequately funded to perform all required maintenance and servicing of the proposed improvements for Tract 20275.

Sections 22605 through 22613 of the Act, as amplified by the California Constitution and Government Code section 53753, provide procedures for annexation of new territory into an existing assessment district. In order for Tract 20275 to become subject to the annual assessments applicable to DFAD 1 and LMAD 6, and to receive the level of perpetual maintenance provided to other properties within those assessment districts, annexation to DFAD 1 and LMAD 6 is required.

For this annexation to occur, the City Council must approve a series of eight resolutions at two City Council meetings. Resolutions Nos. 22-031 and 22-062 will initiate annexation, request the City Engineer’s Reports, and file with the City Clerk for City Council consideration. The Engineer’s Reports are required by the Act and include the estimated costs of the annexation, a description of the improvements and special benefits to be received by the parcels, a determination of the estimated amounts of the assessments to be levied upon the properties proposed to be annexed, an annexation map, and other information as required by Article 4 (commencing with section 22565) of the Act and the California Constitution, as amplified by Government Code section 53753.

If the aforementioned resolutions are approved, the Engineer’s Reports would be preliminarily approved by Resolution Nos. 22-063 and 22-071, which would also declare 2 6
9 4
the City Council’s intent to annex Tract 20275 to DFAD 1 and LMAD 6. At this same meeting, a fifth and sixth resolution will also need to be approved by the City Council to set a public hearing of September 6, 2022 and order the mailing of the public hearing notices and assessment ballots to the property owners within Tract 20275, no less than 45 days prior to said public hearing.

During the September 6, 2022 meeting, the City Council would then conduct the public hearing and count the assessment ballots submitted. If at the end of the public hearing, the ballots cast in favor of the annexation exceed the ballots cast in opposition, the City Council may proceed to annex Tract 20275 to DFAD 1 and LMAD 6, approve the Engineer’s Reports for each assessment district, order the assessments to be levied, and complete the subsequent annexations by approving the final resolutions.

Therefore, staff recommends that the City Council approve Resolution No. 22-031 to initiate proceedings to annex Tract 20275 into DFAD 1 and Resolution No. 22-062 to annex into LMAD 6, approve Resolution Nos. 22-063 and 22-071 to preliminarily approve both districts Engineer’s Reports, and approve Resolution Nos. 22-072 and 22-073 setting a public hearing date of September 6, 2022.

Staff remains available for any questions Council may have.

Attachments: A. Vicinity Map
B. Engineer’s Reports
C. Resolution No. 22-031
D. Resolution No. 22-062
E. Resolution No. 22-063
F. Resolution No. 22-071
G. Resolution No. 22-072
H. Resolution No. 22-073
I. Petitions from Developers
Item Number: 4
City Council / Board of Directors
Consent Calendar
Meeting of: September 6, 2022
Submitted By:

C. Eric Ray, Airport Director
Subject:

Building 717 and 728 Roof Replacement Project #CC22-047 Notice of Completion Recommendation:

That the Southern California Logistics Airport Authority (“SCLAA”) Board of Directors:
1) approve the Notice of Completion for the Building 717 and 728 Roof Replacement Project #CC22-047 (“Project”); and
2) authorize the Airport Director to execute the Notice of Completion.

Fiscal Impact:

This action will result in a fiscal impact of $37,250. A retention of five percent was withheld from each pay estimate during the Project construction as per the construction agreement. Upon Board approval of the Notice of Completion (“NOC”), the retention of $37,250 will be released forty-five days after the NOC is recorded. Funds are available as follows:

Funding Source Budget FY 2021-2022
450-20110-95094 $20,350
450-20110-96096 $16,900
Background:

The existing roof structures atop Buildings 717 and 728 had deteriorated to a point of requiring constant repair over the last few years. The single-ply roof membrane, which was over 20 years old, had been compromised to the point of being un-repairable.

Specifically, harsh weather conditions had deteriorated the membrane surface including the facia boards and flashing, which had allowed water to infiltrate beneath the roof membrane producing multiple roof leaks. Staff had exercised every known repair option to extend the life of these roofs and prevent leakage, with limited success. The only remaining option was to replace the roofs.
5 9
3 On February 1, 2022, following a formal solicitation process, Your Honorable SCLAA Board of Directors awarded a construction contract to Universal Coatings, Inc. (“Universal”) with a total compensation amount not to exceed $745,000. Construction commenced immediately following the issuance of the Notice to Proceed on February 17, 2022.

Discussion:

The Project involved the complete removal of approximately 49,000 square feet of roofing material, 870 linear feet of metal flashing, 770 linear feet of facia board, and 1,430 linear feet of rain gutter. Additionally, 57 roof protrusions were removed, and 10 roof vents were replaced. The replacement roof material is comprised of two 2” layers of Spray Polyurethane Foam topped with Elastomeric Acrylic Coating which is anticipated to endure the harsh high desert elements for a minimum of twenty years.

On August 5, 2022, the Project was completed and inspected to the satisfaction of staff, with final documentation submitted by Universal Coatings, Inc. the following day. The final cost of the Project is $745,000, as stated in the compensation section of the construction contract. Therefore, staff recommends that Your Honorable Board of Directors approve the issuance of the Notice of Completion for the Building 717 and 728 Roof Replacement Project #CC22-047 and authorize its execution by the Airport Director. Upon execution, the NOC will be filed with the San Bernardino County Recorder’s office to offer an opportunity for sub-contractors to make a claim for any work performed that remains unpaid. Forty-five days after the NOC filing, should no claims be made, the SCLA will release the retention currently held and owed to Universal Coatings, Inc. in the amount of $37,250.

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

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

ATTACHMENT A SITE MAP

ATTACHMENT B

NOTICE OF COMPLETION

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

NAME
STREET

ADDRESS

CITY, STATE &

ZIP CODE
SPACE ABOVE THIS LINE FOR RECORDER’S USE 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

HEATHER KUROWSKI FOR CITY OF VICTORVILLE

CITY OF VICTORVILLE
ATTN: CITY CLERK
P.O. BOX 5001
VICTORVILLE, CA 92392-5001
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.
0459-192-56

SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY
18374 PHANTOM WEST, VICTORVILLE CA 92394

LEASEHOLD
08/05/2022
BUILDING 717 AND 728 ROOF REPLACEMENT PROJECT
#CC22-047

UNIVERSAL COATINGS, INC

VICTORVILLE

SAN BERNARDINO
BUILDING 717, 18368 READINESS ST, VICTORVILLE CA 92394
BUILDING 728, 18374 PHANTOM WEST, VICTORVILLE CA 92394
18368 READINESS ST, AND 18374 PHANTOM WEST, VICTORVILLE CA C. Eric Ray, Airport Director, Southern California Logistics Airport Authority C. Eric Ray, Airport Director, Southern California Logistics Airport Authority Victorville, California
C. Eric Ray
Airport Director
Item Number: 5
City Council / Board of Directors
Consent Calendar
Meeting of: September 6, 2022
Submitted By:

Keith C. Metzler, City Manager
John Wickum, Police Captain
Subject:

Consideration to Accept Grant Revenue from the Edward Byrne Memorial Justice Assistance Grant and Authorize Appropriation of these Funds to the Victorville Police Department
Recommendation:

That the Honorable City Council:
(1) Accept the grant revenue from the United States Department of Justice Edward Byrne Memorial Justice Assistance Grant (JAG) program for 2018, 2019, 2020 and 2021 fiscal years' awards;
(2) Adopt Resolution No. 22-091 approving additional revenue and expenditure appropriations in the Federal Grants fund in the amount of $217,012; and (3) Authorize the City Manager or his designee to process all documents required for the program.

Fiscal Impact:

Award from this grant will increase the revenue in the Federal Grants fund (2752109- 43120) in the amount of $217,012 and will increase the expenditure appropriation in the Federal Grants fund (2752109-52300) in the amount of $217,012. Funds received for each fiscal year are listed below:

Fiscal Year 2018 (20226) - $51,303
Fiscal Year 2019 (20240) - $53,115
Fiscal Year 2020 (20241) - $49,320
Fiscal Year 2021 (20242) - $63,274
Total - $217,012
Background:

The Edward Byrne Memorial JAG program is the leading source of federal justice funding 2 7
1 7
to state and local jurisdictions. The JAG Program provides states, tribes, and local governments with critical funding necessary to support a range of program areas including law enforcement, prosecution, courts, crime prevention and technology improvement related law enforcement.

Previously, awards for fiscal years 2018 and 2019 were held up in court due to new verbiage requiring compliance with 8 U.S.C., Section 1373 within the grant. This verbiage went against sanctuary City/State rules that they will not exchange citizenship and immigration status among federal, state and local government entities and officials. The Ninth Circuit Court ruled these new requirements were not lawful.

On August 21, 2018, a Staff Report was submitted and approved by the City Council to accept funds for the JAG in fiscal year 2018. Included in that report were details on how the funds would be expended. Due to the continued delay in receiving these funds, this item is being presented to Council to approve JAG awards for fiscal years’ 2018, 2019, 2020 and 2021. Once funds are available, they will be used to assist deputies in preventing or responding to crime in our community.

Discussion:

The allocation of money will provide $217,012 to fund overtime worked by deputies and necessary support personnel for the purpose of working special enforcement programs.

This funding will allow the Police Department to develop special enforcement programs utilizing the Multiple Enforcement Team (MET) and the Gang Unit to curtail the number of crimes and gang activity occurring in parks and high crime areas. JAG funds will also aid with overtime worked by personnel for DUI checkpoints and traffic enforcement.

These efforts support the City’s goals of creating and maintaining a city that people feel safe residing, shopping, and doing business in.

Staff recommends that the Honorable City Council accept the grant revenue from the United States Department of Justice Edward Byrne Memorial JAG for 2018, 2019, 2020 and 2021 fiscal years' awards, adopt Resolution No. 22-091 approving additional revenue and expenditure appropriations in the Federal Grants fund in the amount of $217,012 and authorize the City Manager or his designee to process all documents required for the program. Staff remains available for any questions or comments you may have.

Attachments: A. Resolution No. 22-091
B. 2018 JAG Sub-Award
C. 2019 JAG Sub-Award
D. 2020 JAG Sub-Award
E. 2021 JAG Sub-Award
Attachment A

Resolution No. 22-091

RESOLUTION NO. 22-091

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR 20 22-2023; APPROVING ADDITIONAL APPROPRIATIONS AND ADDITIONAL REVENUE FOR THE 2018, 2019, 2020 AND 2021 FISCAL YEARS' EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) AWARDS;

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 2022-2023; and

WHEREAS, copies of said budget were prepared and distributed to the City Council, approved by the City Council on June 21, 2022, 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, the City was notified of awards from the County of San Bernardino through the Edward Byrne Memorial JAG for fiscal years’ 2018, 2019, 2020 and 2021; and

WHEREAS, the JAG Award will provide additional revenue in the amount of $217,012 for fiscal year 2022- 2023 to be used to fund overtime to presently employed deputies and necessary support personnel for the purpose of working special enforcement programs.

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

SECTION 1. That the annual budget for the fiscal year 2022- 2023 for the City of Victorville be hereby amended to reflect additional revenue in the Federal Grant s Fund revenue account 2752109- 43120 in the amount of $ 217,012, and additional appropriations in the Federal Grant s Fund expenditure account 2752109- 52300 in the amount of $217,012, as described in the corresponding Agenda Item dated August 16, 2022.

Account Amount Adjusted
2752109-43120-20226 (2018 JAG Grant Revenue) $51,303
2752109-43120-20240 (2019 JAG Grant Revenue) $53,115
2752109-43120-20241 (2020 JAG Grant Revenue) $49,320
2752109-43120-20242 (2021 JAG Grant Revenue) $63,274
Total JAG Grant Revenue $217,012
2752109-52300-20226 (2018 JAG Grant Contract Services) $51,303 2752109-52300-20240 (2019 JAG Grant Contract Services) $53,115 2752109-52300-20241 (2020 JAG Grant Contract Services) $49,320 2752109-52300-20242 (2021 JAG Grant Contract Services) $63,274 Total JAG Grant Expenditures $217,012

SECTION 2. That copies of such amended budget, certified by the City Clerk, shall be filed with the auditors of the City of Victorville and in the office of the City Clerk for public inspection and certified copies thereof shall be made available for use by City departments, offices and subsidiary districts of the City.

Attachment B
2018 JAG Sub-Award
r
~··-- - - ""

SAN BERNARDINO
COUNTY --·-·- _,
County of San Bernardino
385 North Arrowhead Avenue
San Bernardino, CA 92415-0123
Law and Justice Group
909-387-5005
SUBRECIPIENT NAME AND ADDRESS (Including Zip Code)
City of Victorville
14343 Civic Drive, PO Box 5001
Victorville, CA 92393-5001
SUBRECIPIENT IRS/VENDOR NO.
95-2235918
SUBRECIPIENT DUNS NO.
09-324-0653

PROJECT TITLE
FY 18 Local JAG Program

SPECIAL CONDITIONS
Grant PAGE 1 OF 27 Sub-Award
AWARD NUMBER: 2018-DJ-BX-0650
SUB-AWARD NUMBER: 2018-DJ-BX-0650-Victorville
PROJECT PERIOD: FROM 10/01/2017 TO 09/30/2021
BUDGET PERIOD: FROM 10/01/2017 TO 09/30/2021
AWARD DATE 11/16/2018
PREVIOUS AWARD AMOUNT $0
AMOUNT OF THIS AWARD $51,303
TOTAL SUB-AWARD $51,303

THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S), WHICH INCLUDE THE AWARD CONTINUATION SHEETS (PAGES 2-22), A SUPPLEMENTAL STATEMENT BYTHE COUNTY OF SAN BERNARDINO (1 PAGE), AND THE SUBRECIPIENT MONITORING PROCEDURES FOR THE COUNTY OF SAN BERNARDINO LAW AND JUSTICE GROUP {4 PAGES I.

STATUTORY AUTHORITY FOR GRANT
This project is supported under FY18(BJA -JAG State & JAG Local) Title I of Pub. L. No. 90-351 (generally codified at 34 U.S.C. 10101 - 10726), including subpart I of part E (codified at 34 U.S.C. 10151-10158); see also 28 U.S.C. 530C(a).

CATALOG OF DOMESTIC FEDERAL ASSISTANCE (CFDA Number)

16.738 - Edward Byrne Memorial Justice Assistance Grant Program P,,!Jj,! ..... ,.-, ••• ',. "' : .. -...-.(I

TYPED NAME AND TITLE OF APPROVING OFFICIAL TYPED NAME AND TITLE OF AUTHORIZED SUBRECIPIENT OFFICIAL G. Christopher Gardner, Chair Keith C. Metzler, City Manager San Bernardino County Law and Justice Group City of Victorville

SIGNATURE OF APPROVING OFFICIAL SIGNATURE OF AUTHORIZED SUBRECIPIENT OFFICIAL

DATE DATE
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
PROJECT NUMBER 2018-DJ-BX-0650

AWARD CONTINUATION
SHEET
Grant
AWARD DATE 11/16/2018

SPECIAL CONDITIONS

1. Requirements of the award; remedies for non-compliance or for materially false statements PAGE 2 OF 22
The conditions of this award are material requirements of the award. Compliance with any certifications or assurances submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award.

Failure to comply with any one or more of these award requirements --whether a condition set out in full below, a condition incorporated by reference below, or a certification or assurance related to conduct during the award period -- may result in the Office of Justice Programs ("OJP") taking appropriate action with respect to the recipient and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award.

The Department of Justice ("DOJ"), including OJP, also may take other legal action as appropriate.

Any materially false, fictitious, or fraudulent statement to the federal government related to this award ( or concealment or omission ofa material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims orotherwise (including under 3 I U.S.C. 3729-3730 and 3801-3812).

Should any provision ofa requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this award.

2. Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY 2018 award from OJP.

The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2018 award supplements funds previously awarded by OJP under the same award number ( e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY 2018 award.

For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htrn.

Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.333.

In the event that an award-related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification.

OJP FORM 4000/2 (REV. 4-88)
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
PROJECT NUMBER 2018-DJ-BX-0650

AWARD CONTINUATION
SHEET
Grant
AWARD DATE 11/16/2018

SPECIAL CONDITIONS

3. Compliance with DOJ Grants Financial Guide
PAGE 3 OF 22
References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide.

4. Reclassification of various statutory provisions to a new Title 34 of the United States Code On September I, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code.

Effective as of September I, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements.

5. Required training for Point of Contact and all Financial Points of Contact Both the Point of Contact (POC) and all Financial Points of Contact (FPOCs) for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after January 1, 2016, will satisfy this condition.

In the event that either the POC or an FPOC for this award changes during the period of performance, the new POC or FPOC must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after--(1) the date of OJP's approval of the "Change Grantee Contact" GAN (in the case of a new POC), or (2) the date the POC enters information on the new FPOC in GMS (in the case of a new FPOC). Successful completion of such a training on or after January I, 2016, will satisfy this condition.

A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of this condition is available at https://www.ojp.gov/training/fmts.htm. All trainings that satisfy this condition include a session on grant fraud prevention and detection.

The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award.

6. Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(£), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements.

OJP FORM 4000/2 (REV. 4-88)
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance

A WARD CONTINUATION
SHEET
Grant
PROJECT NUMBER 2018-DJ-BX-0650 AWARD DATE 11/16/2018

SPECIAL CONDITIONS

7. Requirement to report potentially duplicative funding PAGE 4 OF 22
If the recipient currently has other active awards of federal funds, or if the recipient receives any other award offederal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget-modification or change-of-project-scope grant adjustment notice (GAN) to eliminate any inappropriate duplication of funding.

8. Requirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM.

The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier subrecipients (first-tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration.

The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here.

This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name).

9. Requirement to report actual or imminent breach of personally identifiable information (PII) The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (0MB M-17-12) ifit (or a subrecipient)--I) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of"personally identifiable information (PII)" (2 CFR 200.79) within the scope of an OJP grant-funded program or activity, or 2) uses or operates a "Federal information system" (0MB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach.

10. All subawards ("subgrants") must have specific federal authorization The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that --for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract").

The details of the requirement for authorization of any subaward are posted on the OJP web site at https://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here.

OJP FORM 4000/2 (REV. 4-88)
U.S. Department of Justice
Office of Justice Progr ams
Bureau of Justice Assistance
PROJECT NUMBER 20 ! 8-DJ-BX-0650

AWARD CONTINUATION
SHEET
Grant
AWARD DATE 11/16/2018

SPECIAL CONDITIONS
PAGE 5 OF 22

11. Specific post-award approval required to use a noncompetitive approach in any procurement contract that would exceed $150,000
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $150,000). This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider a subaward).

The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $150,000)), and are incorporated by reference here.

12. Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient.

The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here.

13. Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events
The recipient, and any subrecipient ("subgr antee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use offederal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences.

Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide ( currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide").

14. Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award.

The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws.

15. OJP Training Guiding Principles
Any training or training materials that the recipient -- or any subrecipient ("subgr antee") at any tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at https:/ /ojp.gov/funding/Implement/TrainingPrinciplesF orGrantees-Subgrantees.htm.

OJP FORM 4000/2 (REV. 4-88)
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
PROJECT NUMBER 20 l 8-DJ-BX-0650

A WARD CONTINUATION
SHEET
Grant
AWARD DATE l l/16/2018

SPECIAL CONDITIONS

16. Effect of failure to address audit issues
PAGE 6 OF 22
The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (orby the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews ofDOJ awards.

17. Potential imposition of additional requirements
The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is design ated as "high- risk" for purposes of the DOJ high-risk grantee list.

18. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F .R. Part 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of28 C.F.R. Part 42 that relate to an equal employment opportunity program.

19. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs."

20. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of28 C.F.R. Part 38, specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries.

Among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice.

Part 38 also sets out rules and requirements that pertain to recipient and subrecipient (''subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith-based or religious organizations.

The text of the regulation, now entitled "Partnerships with Faith-Based and Other Neighborhood Organizations," is available via the Electronic Code of Federal Regulations (currently accessible at https://www.ecfr.gov/cgi- bin/ECFR?page=browse), by browsing to Title 28-Judicial Administration, Chapter !, Part 38, under e-CFR "current" data.

OJP FORM 4000/2 (REV. 4-88)
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
PROJECT NUMBER 2018-DJ-BX-0650

AWARD CONTINUATION
SHEET
Grant
AWARD DATE 11/16/2018

SPECIAL CONDITIONS

21. Restrictions on "lobbying"
PAGE 7 OF 22
In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.)
Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress ( or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations.

Should any question arise as to whether a particular use of federal funds by a recipient ( or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP.

22. Compliance with general appropriations-law restrictions on the use offederal funds (FY 2018) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general provisions" in the Consolidated Appropriations Act, 2018, are set out at https://ojp.gov/funding/Explore/FY18AppropriationsRestrictions.htm, and are incorporated by reference here.

Should a question arise as to whether a particular use of federal funds by a recipient ( or a subrecipient) would or might fall within the scope of an appropriations-law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP.

23. Reporting Potential Fraud, Waste, and Abuse, and Similar Misconduct The recipient and any subrecipients ("subgrantees") must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award -- (I) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation oflaws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct.

Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by-- (1) mail directed to: Office of the Inspector General, U.S. Department of Justice, Investigations Division, 1425 New York Avenue, N.W. Suite 7100, Washington, DC 20530; and/or (2) the DOJ OIG hotline: (contact information in English and Spanish) at (800) 869-4499 (phone) or (202) 616-9881 (fax).

Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline.

OJP FORM 4000/2 (REV. 4-88)
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
PROJECT NUMBER 2018-DJ-BX-0650

AWARD CONTINUATION
SHEET
Grant
AWARD DATE 11/16/2018

SPECIAL CONDITIONS

24. Restrictions and certifications regarding non-disclosure agreements and related matters PAGE 8 OF 22
No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information.

The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information.

1. In accepting this award, the recipient--
a. represents that it neither requires nor has required internal confidentiality agr eemen ts or statements from employees or contractors that currently prohibit or otherwise currently restrict ( or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume ( or permit resumption of) such obligations only if expressly authorized to do so by that agency.

2. If the recipient does or is authorized under this award to make subawards ("subgr ants"), procurement contracts, or both--
a. it represents that--
( I) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgr ant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agr eements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and
(2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume ( or permit resumption of) such obligations only if expressly authorized to do so by that agency.

OJP FORM 4000/2 (REV. 4-88)
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
PROJECT NUMBER 20 l 8-DJ-BX-0650

AWARD CONTINUATION
SHEET
Grant
AWARD DATE 11/16/2018

SPECIAL CONDITIONS

25. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) PAGE 9 OF 22
The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation oflaw, rule, or regulation related to a federal grant.

The recipient also must inform its employees, in writing ( and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712.

Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance.

26. Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October!, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers.

27. Requirement to disclose whether recipient is designated "high risk" by a federal grant-making agency outside ofDOJ If the recipient is designated "high risk" by a federal grant-making agency outside ofDOJ, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to OJP by email at [email protected]. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The high-risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency.

28. Cooperating with OJP Monitoring
The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines, protocols, and procedures, and to cooperate with OJP (including the grant manager for this award and the Office of Chief Financial Officer (OCFO)) requests related to such monitoring, including requests related to desk reviews and/or site visits. The recipient agrees to provide to OJP all documentation necessary for OJP to complete its monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by OJP for providing the requested documents. Failure to cooperate with OJP's monitoring activities may result in actions that affect the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to award funds; referral to the DOJ OIG for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s).

OJP FORM 4000/2 (REV. 4-88)
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance

A WARD CONTINUATION
SHEET
PROJECTNUMBER 2018-DJ-BX-0650 AWARD DATE

SPECIAL CONDITIONS

29. FF AT A reporting: Subawards and executive compensation Grant
11/16/2018
PAGE IO OF 22
The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of $25,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award funds. The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FF AT A), are posted on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here.

This condition, including its reporting requirement, does not apply to--(1) an award ofless than $25,000, or (2) an award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name).

30. Required monitoring of subawards
The recipient must monitor subawards under this award in accordance with all applicable statutes, regulations, award conditions, and the DOJ Grants Financial Guide, and must include the applicable conditions of this award in any subaward. Among other things, the recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of award funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award.

31. Use of program income
Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance with the provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report, SF 425.

32. Justice Information Sharing
Information sharing projects funded under this award must comply with DOJ's Global Justice Information Sharing Initiative (Global) guidelines. The recipient (and any subrecipient at any tier) must conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: https:/ / it.ojp.gov/ gsp _grantcondition.

The recipient (and any subrecipient at any tier) must document planned approaches to information sharing and describe compliance with the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended.

33. Avoidance of duplication of networks
To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the recipient can demonstrate to the satisfaction ofBJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system.

34. Compliance with 28 C.F.R. Part 23
With respect to any information technology system funded or supported by funds under this award, the recipient (and any subrecipient at any tier) must comply with 28 C.F .R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of28 C.F.R. Part 23 occur, the recipient may be fined as per 34 U.S.C. 1023 l(c)-(d). The recipient may not satisfy such a fine with federal funds.

OJP FORM 4000/2 (REV. 4-88)
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
PROJECT NUMBER 2018-DJ-BX-0650

A WARD CONTINUATION
SHEET
Grant
AWARD DATE 11/16/2018

SPECIAL CONDITIONS

35. Protection of human research subjects
PAGE II OF 22
The recipient (and any subrecipient at any tier) must comply with the requirements of28 C.F.R. Part 46 and all OJP policies and procedures regarding the protection of human research subjects, including obtainment oflnstitutional Review Board approval, if appropriate, and subject informed consent.

36. Confidentiality of data
The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of 34 U.S.C. 1023 I and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. The recipient further agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of28 C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23.

37. Verification and updating ofrecipient contact information The recipient must verify its Point of Contact(POC), Financial Point of Contact (FPOC), and Authorized Representative contact information in GMS, including telephone number and e-mail address. If any information is incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System (GMS) to document changes.

38. Law enforcement task forces - required training
Within 120 days of award acceptance, each current member of a law enforcement task force funded with award funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, must complete required online (internet-based) task force training. Additionally, all future task force members must complete this training once during the period of performance for this award, or once every four years if multiple OJP awards include this requirement.

The required training is available free of charge online through the BJ A-funded Center for Task Force Integrity and Leadership (www.ctfli.org). The training addresses task force effectiveness, as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. If award funds are used to support a task force, the recipient must compile and maintain a task force personnel roster, along with course completion certificates.

Additional information regarding the training is available through BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org).

39. Justification of consultant rate
Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A detailed justification must be submitted to and approved by the OJP program office prior to obligation or expenditure of such funds.

OJP FORM 4000/2 (REV. 4-88)
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance

AWARD CONTINUATION
SHEET
Grant
PAGE 12 OF 22
PROJECTNUMBER 2018-DJ-BX-0650 AWARD DATE 11/16/2018

SPECIAL CONDITIONS

40. Submission of eligible records relevant to the National Instant Background Check System X
Consonant with federal statutes that pertain to firearms and background checks -- including 18 U.S.C. 922 and 34 U.S.C. ch. 409 --if the recipient (or any subrecipient at any tier) uses this award to fund (in whole or in part) a specific project or program (such as a law enforcement, prosecution, or court program) that results in any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the National Instant Background Check System (NICS), or that has as one of its purposes the establishment or improvement of records systems that contain any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS, the recipient (or subrecipient, if applicable) must ensure that all such court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS are promptly made available to the NICS or to the "State" repository/database that is electronically available to (and accessed by) the NICS, and --when appropriate --promptly must update, correct, modify, or remove such NICS- relevant "eligible records".

In the event of minor and transitory non-compliance, the recipient may submit evidence to demonstrate diligent monitoring of compliance with this condition (including subrecipient compliance). DOJ will give great weight to any such evidence in any express written determination regarding this condition.

Certification of Compliance with 8 U.S.C. 1373 and 1644 (within the funded "program or activity") required for valid award acceptance by a local government
In order validly to accept this award, the applicant local government must submit the required "State or Local Government: FY 2018 Certification of Compliance with 8 U.S.C. 1373 and 1644" (executed by the chieflegal officer of the local government). Unless that executed certification either--(1) is submitted to OJP together with the fully- executed award document, or (2) is uploaded in OJP's GMS no later than the day the signed award document is submitted to OJP, any submission by a local government that purports to accept the award is invalid.

If an initial award-acceptance submission by the recipient is invalid, once the local government does submit the necessary certification regarding 8 U.S.C. 1373 and 1644, it may submit a fully-executed award document executed by the local government on or after the date of that certification.

For purposes of this condition, "local government" does not include any Indian tribe.

OJP FORM 4000/2 (REV. 4-88)
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
PROJECT NUMBER 2018-DJ-BX-0650

AWARD CONTINUATION
SHEET
Grant
AWARD DATE 11/16/2018

SPECIAL CONDITIONS
PAGE 13 OF 22
Noninterference (within the funded "program or activity") with federal law enforcement: 8 U.S.C. 1373 and 1644; ongoing compliance

1. With respect to the "program or activity" funded in whole or part under this award (including any such program or activity of any subrecipient at any tier), throughout the period of performance, no State or local government entity, agency, or -official may prohibit or in any way restrict--(I) any government entity or -official from sending or receiving information regarding citizenship or immigration status as described in 8 U.S.C. l373(a); or (2) a government entity or -agency from sending, requesting or receiving, maintaining, or exchanging information regarding immigration status as described in either 8 U.S.C. 1373(b) or 1644. Any prohibition (or restriction) that violates this condition is an "information-communication restriction" under this award.

2. Certifications from subrecipients. The recipient may not make a subaward to a State, a local government, or a "public" institution of higher education, unless it first obtains a certification of compliance with 8 U.S.C. 1373 and 1644, properly executed by the chieflegal officer of the government or educational institution that would receive the subaward, using the appropriate form available at https://ojp.gov/funding/Explore/SampleCertifications-8USC1373.htm.

Also, the recipient must require that no subrecipient (at any tier) may make a further subaward to a State, a local government, or a public institution of higher education, unless it first obtains a certification of compliance with 8 U.S.C. 1373 and 1644, properly executed by the chieflegal officer of the government or institution that would receive the further subaward, using the appropriate OJP form.

3. The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of this condition.

4. Allowable costs. Compliance with these requirements is an authorized and priority purpose of this award. To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) that the recipient, or any subrecipient at any tier that is a State, a local government, or a public institution of higher education, incurs to implement this condition.

5. Rules of Construction
A. For purposes of this condition:
(1) "State" and "local government" include any agency or other entity thereof, but not any institution of higher education or any Indian tribe.
(2) A "public" institution of higher education is defined as one that is owned, controlled, or directly funded (in whole or in substantial part) by a State or local government. (Such a public institution is considered to be a "government entity," and its officials to be "government officials.")
(3) "Program or activity" means what it means under title VI of the Civil Rights Act of 1964 (see 42 U.S.C. 2000d-4a). (4) "Immigration status" means what it means under 8 U.S.C. 1373 and 8 U.S.C. 1644; and terms that are defined in 8 U.S.C. I 101 mean what they mean under that section I IOI, except that "State" also includes American Samoa. (5) Pursuant to the provisions set out at (or referenced in) 8 U.S.C. 1551 note ("Abolition ... and Transfer of Functions"), references to the "Immigration and Naturalization Service" in 8 U.S.C. 1373 and 1644 are to be read as references to particular components of the Department of Homeland Security (DHS).

B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, any public institution of higher education, or any other entity (or individual) to violate any federal law, including any applicable civil rights or nondiscrimination law.

IMPORTANT NOTE: Any questions about the meaning or scope of this condition should be directed to OJP, before OJP FORM 4000/2 (REV. 4-88)
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
PROJECTNUMBER 2018-DJ-BX-0650

AWARD CONTINUATION
SHEET
Grant
AWARD DATE I 1/16/2018

SPECIAL CONDITIONS
award acceptance.

PAGE 14 OF 22
Authority to obligate award funds contingent on noninterference (within the funded "program or activity") with federal law enforcement (8 U.S.C. 1373 and 1644); unallowable costs; notification I. If the recipient is a "State," a local government, or a "public" institution of higher education:

A. The recipient may not obligate award funds if, at the time of the obligation, the "program or activity" of the recipient (or of any subrecipient at any tier that is a State, a local government, or a public institution of higher education) that is funded in whole or in part with award funds is subject to any "information-communication restriction." B. In addition, with respect to any project costs it incurs "at risk," the recipient may not obligate award funds to reimburse itself if --at the time it incurs such costs --the program or activity of the recipient (or of any subrecipient at any tier that is a State, a local government, or a public institution of higher education) that would be reimbursed in whole or in part with award funds was subject to any information-communication restriction.

C. Any drawdown of award funds by the recipient shall be considered, for all purposes, to be a material representation by the recipient to OJP that, as of the date the recipient requests the drawdown, the recipient and each subrecipient (regardless of tier) that is a State, local government, or public institution of higher education, is in compliance with the award condition entitled "Noninterference (within the funded 'program or activity') with federal law enforcement: 8 U.S.C. 1373 and 1644 and ongoing compliance."
D. The recipient must promptly notify OJP (in writing) if the recipient, from its requisite monitoring of compliance with award conditions or otherwise, has credible evidence that indicates that the funded program or activity of the recipient, or of any subrecipient at any tier that is either a State or a local government or a public institution of higher education, may be subject to any information-communication restriction. In addition, any subaward (at any tier) to a subrecipient that is a State, a local government, or a public institution of higher education must require prompt notification to the entity that made the subaward, should the subrecipient have such credible evidence regarding an information-communication restriction.

2. Any subaward (at any tier) to a subrecipient that is a State, a local government, or a public institution of higher education must provide that the subrecipient may not obligate award funds if, at the time of the obligation, the program or activity of the subrecipient (or of any further such subrecipient at any tier) that is funded in whole or in part with award funds is subject to any information-communication restriction.

3. Absent an express written determination by DOJ to the contrary, based upon a finding by DOJ of compelling circumstances (e.g., a small amount of award funds obligated by the recipient at the time ofa subrecipient's minor and transitory non-compliance, which was unknown to the recipient despite diligent monitoring), any obligations of award funds that, under this condition, may not be made shall be unallowable costs for purposes of this award. In making any such determination, DOJ will give great weight to evidence submitted by the recipient that demonstrates diligent monitoring ofsubrecipient compliance with the requirements set out in the "Noninterference ... 8 U.S.C. 1373 and 1644 and ongoing compliance" award condition.

4. Rules of Construction
A. For purposes of this condition "information-communication restriction" has the meaning set out in the "Noninterference ... 8 U.S.C. 1373 and 1644 and ongoing compliance" condition.

B. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference ... 8 U.S.C. 1373 and 1644 and ongoing compliance" condition are incorporated by reference as though set forth here in full.

OJP FORM 4000/2 (REV. 4-88)
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance

AWARD CONTINUATION
SHEET
Grant
PAGE 15 OF 22
PROJECTNUMBER 2018-DJ-BX-0650 AWARD DATE 11116/2018
X

SPECIAL CONDITIONS
Noninterference (within the funded "program or activity") with federal law enforcement: No public disclosure of certain law enforcement sensitive information
SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part) by the award, as of the date the recipient accepts this award, and throughout the remainder of the period of performance. Its provisions must be among those included in any subaward (at any tier).

I. Noninterference: No public disclosure of federal law enforcement information in order to conceal, harbor, or shield Consistent with the purposes and objectives of federal law enforcement statutes and federal criminal law (including 8 U.S.C. 1324 and 18 U.S.C. chs. I, 49,227), no public disclosure may be made of any federal law enforcement information in a direct or indirect attempt to conceal, harbor, or shield from detection any fugitive from justice under I 8 U.S.C. ch. 49, or any alien who has come to, entered, or remains in the United States in violation of 8 U.S.C. ch. 12 -- without regard to whether such disclosure would constitute (or could form a predicate for) a violation of 18 U.S.C. 1071 or 1072 or of8 U.S.C. 1324(a).

2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.

3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions ( e.g., training) designed to ensure compliance with this condition.

4. Rules of construction
A. For purposes of this condition--
(]) the term "alien" means what it means under section IOI of the Immigration and Nationality Act (see 8 U.S.C.

I I0l(a)(3));
(2) the term "federal law enforcement information" means law enforcement sensitive information communicated or made available, by the federal government, to a State or local government entity, -agency, or -official, through any means, including, without limitation--(I) through any database, (2) in connection with any law enforcement partnership or -task-force, (3) in connection with any request for law enforcement assistance or -cooperation, or (4) through any deconfliction (or courtesy) notice of planned, imminent, commencing, continuing, or impending federal law enforcement activity;
(3) the term "law enforcement sensitive information" means records or information compiled for any law enforcement purpose; and
(4) the term "public disclosure" means any communication or release other than one--(a) within the recipient, or (b) to any subrecipient (at any tier) that is a government entity.

B. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference (within the funded 'program or activity') with federal law enforcement: 8 U.S.C. 1373 and 1644 and ongoing compliance" award condition are incorporated by reference as though set forth here in full.

OJP FORM 4000/2 (REV. 4-88)
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
PROJECT NUMBER 2018-DJ-BX-0650

AWARD CONTINUATION
SHEET
Grant
AWARD DATE 11/16/2018

SPECIAL CONDITIONS
PAGE 16 OF 22
Noninterference (within the funded "program or activity") with federal law enforcement: Interrogation of certain aliens SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part) by this award, as of the date the recipient accepts this award, and throughout the remainder of the period of performance for the award. Its provisions must be among those included in any subaward (at any tier).

I. Noninterference with statutory law enforcement access to correctional facilities Consonant with federal law enforcement statutes and regulations -- including 8 U.S.C. 1357(a), under which certain federal officers and employees "have power without warrant ... to interrogate any alien or person believed to be an alien as to his right to be or to remain in the United States," and 8 C.F.R. 287.5(a), under which that power may be exercised "anywhere in or outside the United States" --within the funded program or activity, no State or local government entity, -agency, or-official may interfere with the exercise of that power to interrogate "without warrant" (by agents of the United States acting under color of federal law) by impeding access to any State or local government ( or government-contracted) correctional facility by such agents for the purpose "interrogat[ing] any alien or person believed to be an alien as to his [or her] right to be or to remain in the United States."

2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.

3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition.

4. Rules of construction
A. For purposes of this condition:
(I) The term "alien" means what it means under section 101 of the Immigration and Nationality Act (INA) (see 8 U.S.C. l!0l(a)(3)).
(2) The term "correctional facility" means what it means under the title I of the Omnibus Crime Control and Safe Streets Act of 1968 (see 34 U.S.C. 10251(a)(7)).
(3) The term "impede" includes taking or continuing any action, or implementing or maintaining any law, policy, rule, or practice, that--
( a) is design ed to prevent or to significantly delay or complicate, or (b) has the effect of preventing or of significantly delaying or complicating.

OJP FORM 4000/2 (REV. 4-88)
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance

AWARD CONTINUATION
SHEET
Grant
PAGE 17 OF 22
PROJECT NUMBER 2018-DJ-BX-06S0 AWARD DATE 11/16/2018
X

SPECIAL CONDITIONS
Noninterference (within the funded "program or activity") with federal law enforcement: Notice of scheduled release SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part) by the award, as of the date the recipient accepts the award, and throughout the remainder of the period of performance. Its provisions must be among those included in any subaward at any tier.

1. Noninterference with "removal" process: Notice of scheduled release date and time Consonant with federal law enforcement statutes -- including 8 U.S.C. 1231 (for an alien incarcerated by a State or local government, a 90-day "removal period" during which the federal government "shall" detain and then "shall" remove an alien from the U.S. "begins" no later than "the date the alien is released from ... confinement"; also, the federal government is expressly authorized to make payments to a "State or a political subdivision of the State ... with respect to the incarceration of [ an] undocumented criminal alien"); 8 U.S.C. 1226 (the federal government "shall take into custody" certain criminal aliens "when the alien is released"); and 8 U.S.C. 1366 (requiring an annual DOJ report to Congress on "the number of illegal alien[ felons] in Federal and State prisons" and programs underway "to ensure the prompt removal" from the U.S. ofremovable "criminal aliens") -- within the funded program or activity, no State or local government entity, -agency, or -official (including a government-contracted correctional facility) may interfere with the "removal" process by failing to provide -- as early as practicable (see para. 4.C. below) -- advance notice to DHS of the scheduled release date and time for a particular alien, if a State or local government (or government- contracted) correctional facility receives from DHS a formal written request pursuant to the INA that seeks such advance notice.

2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.

3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition.

4. Rules of construction
A. For purposes of this condition:
(1) The term "alien" means what it means under section 101 of the INA (see 8 U.S.C. 1101(a)(3)). (2) The term "correctional facility" means what it means under the title I of the Omnibus Crime Control and Safe Streets Act of 1968 (see 34 U.S.C. 1025 l(a)(?)).

B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, or any other entity or individual to maintain ( or detain) any individual in custody beyond the date and time the individual otherwise would have been released.

C. Applicability
(1) Current DHS practice is ordinarily to request advance notice of scheduled release "as early as practicable (at least 48 hours, if possible)." (See DHS Form I-247A (3/17)). If (e.g., in light of the date DHS made such request) the scheduled release date and time for an alien are such as not to allow for the advance notice that DHS has requested, it shall NOT be a violation of this condition to provide only as much advance notice as practicable. (2) Current DHS practice is to use the same form for a second, distinct purpose -- to request that an individual be OJP FORM 4000/2 (REV. 4-88)
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
PROJECT NUMBER 2018-DJ-BX-0650

AWARD CONTINUATION
SHEET
Grant
AWARD DATE 11/16/2018

SPECIAL CONDITIONS
PAGE 18 OF 22
detained for up to 48 hours AFTER the scheduled release. This condition does NOT encompass such DRS requests for detention.

D. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference (within the funded 'program or activity') with federal law enforcement: 8 U.S.C. 1373 and 1644 and ongoing compliance" award condition are incorporated by reference as though set forth here in full.

X Requirement to collect certain information from subrecipients The recipient may not make a subaward to a State, a local government, or a "public" institution of higher education, unless it first obtains from the proposed subrecipient responses to the questions identified in the program solicitation as "Information regarding Communication with the Department of Homeland Security (DRS) and/or Immigr ation and Customs Enforcement (ICE)." All subrecipient responses must be collected and maintained by the recipient, consistent with regular document retention requirements, and must be made available to DOJ upon request. Responses to these questions are not required from subrecipients that are either a tribal government/organization, a nonprofit organization, or a private institution of higher education.

OJP FORM 4000/2 (REV. 4-88)
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
PROJECT NUMBER 2018-DJ-BX-0650

AWARD CONTINUATION
SHEET
Grant
AWARD DATE 11/16/2018

SPECIAL CONDITIONS

48. Compliance with National Environmental Policy Act and related statutes PAGE 19 OF 22
Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these award funds, either directly by the recipient or by a subrecipient.

Accordingly, the recipient agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. Ifit is determined that any of the following activities will be funded by the award, the recipient agrees to contact BJA.

The recipient understands that this condition applies to new activities as set out below, whether or not they are being specifically funded with these award funds. That is, as long as the activity is being conducted by the recipient, a subrecipient, or any third party, and the activity needs to be undertaken in order to use these award funds, this condition must first be met. The activities covered by this condition are:
a. New construction;
b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use ofa building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size;
d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and
e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories.

The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at https://bja.gov/Funding/nepa.htrnl, for programs relating to methamphetamine laboratory operations.

Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its subrecipients' existing programs or activities that will be funded by these award funds, the recipient, upon specific request from BJ A, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity.

49. Establishment of trust fund
If award funds are being drawn down in advance, the recipient (or a subrecipient, with respect to a subaward) is required to establish a trust fund account. Recipients ( and subrecipients) must maintain advance payments of federal awards in interest-bearing accounts, unless regulatory exclusions apply (2 C.F.R. 200.305(b)(8)). The trust fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate the award funds in the trust fund (including any interest earned) during the period of performance for the award and expend within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to OJP at the time of closeout.

OJP FORM 4000/2 (REV. 4-88)
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance

AWARD CONTINUATION
SHEET
PROJECTNUMBER 2018-DJ-BX-0650 AWARD DATE

SPECIAL CONDITIONS

50. Prohibition on use of award funds for match under BVP program Grant
11/16/2018
PAGE 20 OF 22
JAG funds may not be used as the 50% match for purposes of the DOJ Bulletproof Vest Partnership (BVP) program.

51. Certification of body armor "mandatory wear" policies The recipient agrees to submit a signed certification that all law enforcement agencies receiving body armor purchased with funds from this award have a written "mandatory wear" policy in effect. The recipient must keep signed certifications on file for any subrecipients planning to utilize funds from this award for ballistic-resistant and stab- resistant body armor purchases. This policy must be in place for at least all uniformed officers before any funds from this award may be used by an agency for body armor. There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty.

52. Body armor - compliance with NIJ standards and other requirements Ballistic-resistant and stab-resistant body armor purchased with JAG award funds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the body armor has been tested and found to comply with applicable National Institute of Justice ballistic or stab standards and is listed on the NIJ Compliant Body Armor Model List (https://nij.gov/topics/technology/body-armor/Pages/compliant-ballistic-armor.aspx). In addition, ballistic-resistant and stab-resistant body armor purchased must be made in the United States and must be uniquely fitted, as set forth in 34 U.S.C. 10202(c)(l)(A). The latest NU standard information can be found here: https:/ / nij.gov/ topics/ technology/ body-armor/ pages/ safety-initiative.aspx.

53. Body armor - impact on eligibility for other program funds The recipient understands that the use of funds under this award for purchase of body armor may impact eligibility for funding under the Bulletproof Vest Partnership (BVP) program, a separate program operated by BJA, pursuant to the BVP statute at 34 USC 1053l(c)(5).

54. Reporting requirements
The recipient must submit quarterly Federal Financial Reports (SF-425) and semi-annual performance reports through OJP's OMS (https://grants.ojp.usdoj.gov). Consistent with the Department's responsibilities under the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, the recipient must provide data that measure the results of its work. The recipient must submit quarterly performance metrics reports through BJ A's Performance Measurement Tool (PMT) website (www.bjaperformancetools.org). For more detailed information on reporting and other JAG requirements, refer to the JAG reporting requirements webpage. Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation.

55. Required data on law enforcement agency training
Any law enforcement agency receiving direct or sub-awarded funding from this JAG award must submit quarterly accountability metrics data related to training that officers have received on the use of force, racial and ethnic bias, de- escalation of conflict, and constructive engagement with the public.

56. Expenditures prohibited without waiver
No funds under this award may be expended on the purchase of items prohibited by the JAG program statute, unless, as set forth at 34 U.S.C. 10152, the BJA Director certifies that extraordinary and exigent circumstances exist, making such expenditures essential to the maintenance of public safety and good order.

OJP FORM 4000/2 (REV. 4-88)
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
PROJECT NUMBER 2018-DJ-BX-0650

A WARD CONTINUATION
SHEET
Grant
AWARD DATE 11/16/2018

SPECIAL CONDITIONS
PAGE 21 OF 22

57. Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after October 1, 2017 The recipient may obligate (federal) award funds only after the recipient makes a valid acceptance of the award. As of the first day of the period of performance for the award (October 1, 2017), however, the recipient may choose to incur project costs using non-federal funds, but any such project costs are incurred at the recipient's risk until, at a minimum--(1) the recipient makes a valid acceptance of the award, and (2) all applicable withholding conditions are removed by OJP (via a Grant Adjustment Notice). (A withholding condition is a condition in the award document that precludes the recipient from obligating, expending, or drawing down all or a portion of the award funds until the condition is removed.)
Except to the extent (if any) that an award condition expressly precludes reimbursement of project costs incurred "at- risk," if and when the recipient makes a valid acceptance of this award and OJP removes each applicable withholding condition through a Grant Adjustment Notice, the recipient is authorized to obligate (federal) award funds to reimburse itself for project costs incurred "at-risk" earlier during the period of performance (such as project costs incurred prior to award acceptance or prior to removal of an applicable withholding condition), provided that those project costs otherwise are allowable costs under the award.

Nothing in this condition shall be understood to authorize the recipient ( or any subrecipient at any tier) to use award funds to "supplant" State or local funds in violation of the recipient's certification (executed by the chief executive of the State or local government) that federal funds will be used to increase the amounts of such funds that would, in the absence of federal funds, be made available for law enforcement activities.

58. Use of funds for DNA testing; upload of DNA profiles If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System ("COrnS," the DNA database operated by the FBI) by a government DNA laboratory with access to corns.

No profiles generated under this award may be entered or uploaded into any non-governmental DNA database without prior express written approval from BJA.

Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may be accepted for entry into corns.

59. Three percent set-aside for NIBRS compliance
The recipient must ensure that at least 3 percent of the total amount of this award is dedicated to achieving full compliance with the FBI's National Incident-Based Reporting System (NIBRS), unless the FBI or appropriate State official has certified that the recipient locality is already NIBRS compliant, and evidence of this has been submitted to and approved by BJA. The recipient will be required by BJA to make revisions to budgets that do not clearly indicate what projects will be supported by this 3 percent set-aside, unless evidence ofNIBRS compliance has been submitted to and approved by BJA. Recipients serving as fiscal agents for "disparate jurisdictions," (as defined at 34 USC 10156( d)( 4 )) have to pass this requirement through to in subawards to other localities in the disparate jurisdiction, so that each locality in a disparate jurisdiction group dedicates at least 3 percent of award funds to NIBRS compliance, unless, with respect to each locality in the disparate jurisdiction group, evidence ofNIBRS compliance has been submitted to and approved by BJA.

OJP FORM 4000/2 (REV. 4-88)
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance

AWARD CONTINUATION
SHEET
Grant
PROJECT NUMBER 2018-DJ-BX-0650 AWARD DATE 11/16/2018

SPECIAL CONDITIONS

60. Encouragement of submission of "success stories"
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BJA strongly encourages the recipient to submit annual ( or more frequent) JAG success stories. To submit a success story, sign in to a My BJA account at https:/ / www.bja.gov/ Login.aspx to access the Success Story Submission form. If the recipient does not yet have a My BJA account, please register at https:/ / www.bja.gov/ profile.aspx. Once registered, one of the available areas on the My BJA page will be "My Success Stories." Within this box, there is an option to add a Success Story. Once reviewed and approved by BJA, all success stories will appear on the BJA Success Story web page at https:/ / www.bja.gov/ SuccessStoryList.aspx.

61. Withholding of funds: Required certification from the chief executive of the applicant government The recipient may not obligate, expend, or draw down any award funds until the recipient submits the required "Certifications and Assurances by the Chief Executive of the Applicant Government," properly-executed (as determined by OJP), and a Grant Adjustment Notice (GAN) has been issued to remove this condition.

62. Withholding of funds: NIBRS set-aside
The recipient may not obligate, expend, or draw down any award funds until the recipient submits, and BJA reviews and accepts, a budget that clearly dedicates at least 3 percent of the total amount of the award to NIBRS compliance activities or documentation showing that the recipient has been certified as NIBRS compliant, and a Grant Adjustment Notice (GAN) has been issued to remove this condition.

63. Withholding of funds: Memorandum of Understanding
The recipient may not obligate, expend, or draw down any award funds until OJP has reviewed and approved the Memorandum of Understanding (MOU), and a Grant Adjustment Notice (GAN) has been issued to remove this condition.

64. Withholding of funds: Budget narrative or information The recipient may not obligate, expend, or draw down any award funds until the recipient submits, and OJP reviews and accepts, the required budget information or narrative for the award, and a Grant Adjustment Notice (GAN) has been issued to remove this condition.

65. Recipient integrity and performance matters: Requirement to report information on certain civil, criminal, and administrative proceedings to SAM and F APIIS
The recipient must comply with any and all applicable requirements regarding reporting of information on civil, criminal, and administrative proceedings connected with ( or connected to the performance of) either this OJP award or any other grant, cooperative agreement, or procurement contract from the federal government. Under certain circumstances, recipients of OJP awards are required to report information about such proceedings, through the federal System for Award Management (known as "SAM"), to the designated federal integrity and performance system (currently, "FAPIIS").

The details ofrecipient obligations regarding the required reporting (and updating) of information on certain civil, criminal, and administrative proceedings to the federal designated integrity and performance system (currently, "F APIIS") within SAM are posted on the OJP web site at https://ojp.gov/funding/F APIIS.htm (Award condition:

Recipient Integrity and Performance Matters, including Recipient Reporting to F APIIS), and are incorporated by reference here.

OJP FORM 4000/2 (REV. 4-88)
- " •· ...... -·-·--- ·-···

SAN BERNARDINO
COUNTY
-•· ,;.

County of San Bernardino
385 North Arrowhead Avenue
San Bernardino, CA 92415-0123
Law and Justice Group
909-387-5005
RECIPIENT NAME AND ADDRESS (Including Zip Code)
County of San Bernardino
385 North Arrowhead Avenue
San Bernardino, CA 92415-0123
GRANTEE IRS/VENDOR NO.
956002748
GRANTEE DUNS NO.
136763120

PROJECT TITLE
FY 18 Local JAG Program

SUPPLEMENTAL STATEMENT
Grant
Supplemental PAGE23 OF 27
Statement
AWARD NUMBER: 2018-DJ-BX-0650

PROJECT
PERIOD: FROM 10/01/2017 TO 09/30/2021
BUDGET PERIOD: FROM 10/01/2017 TO 09/30/2021
AWARD DATE 11/16/2018
PREVIOUS AWARD AMOUNT $0
AMOUNT OF THIS AWARD $638,246
TOTAL AWARD $638,246
It is our understanding pursuant to the lawsuit filed by the California Attorney General challenging the imposition of immigration enforcement requirements that were added to the FY 2018 JAG funding, that the U.S. District Court for the Northern District of California found the immigration enforcement requirements unconstitutional and enjoined the enforcement of those requirements (California v. Sessions 11). The 2018 JAG Grant Award documents include the immigration enforcement requirements in paragraphs 41, 42, 43, 44, 45, 46 and 47 of those documents. Please note that acceptance of the award for 2018 does not constitute acceptance of the immigration enforcement requirements. While the U.S. DOJ requires that as a recipient of the grant, we must initial every page of the award, the initialing of the pages is only an acknowledgement of receipt, nor a certification of action or acceptance of any particular immigration enforcement requirement or condition on an initialed page. Also, please note that we are not submitting the "State or Local Government: FY 2018 Certification of Compliance with 8 u.s.c. 1373 and 1644" referenced in paragraphs 41 and 42 or the "State or Local Government: FY 2018 Certification Relating to 8 u.s.c. 1226(a) and (c), 1231(a), 1324(a), 1357(a), and 1366(1) and (3)." In addition, we are striking paragraphs 7 and 8 that refer to those two certifications in the "Certification and Assurances by the Chief Executive of the Applicant Government." Additionally, please note we will not execute or require our subrecipients to execute the Certification of Compliance with 8 U.S.C. 1373 and 1644.
;,!!-31 l.li'!!,_&11: ..ci•'. tdl'111·\I r• lf=::111.•-. •IIJtHt.:U.:t!•• -•,1

TYPED NAME AND TITLE OF CHIEF EXECUTIVE TYPED NAME AND TITLE OF CHIEF LEGAL OFFICER Gary McBride, Chief Executive Officer Michelle Blakemore, County Counsel County of San Bernardino County of San Bernardino

SIGNATURE OF CHIEF EXECUTIVE SIGNATURE OF CHIEF LEGAL OFFICER

DATE DATE
Subrecipient Monitoring Procedures
County of San Bernardino
Law and Justice Group
Grant Award/Sub-Award Process

SAN BERNARDINO
COUNTY- -· -
When the Law and Justice Group (L&JG) has been notified that it has been awarded a grant, a Board Agenda Item to accept the grant will be prepared and submitted to the Board of Supervisors (BOS) for approval. Where there is a sub-award to be granted, a Sub-Award Agreement will be prepared by the L&JG (recipient) and approved by the BOS and the subrecipient. The appropriate officials will sign the sub-award documents. The Sub-Award Agreement will identify the federal award information and applicable compliance requirements, including applicable special conditions for each federal sub-award.

The Sub-Award Agreement will include the Grant Award Number, Award Date, Catalog of Federal Domestic Assistance (CFDA) number, Project Title, Project Period, Award Amount, and all applicable Special Conditions for the sub-award. The L&JG's Subrecipient Monitoring Procedures will be included in the Sub-Award Agreement.

Grant Revenue
When notified that a grant award has been made, the Grant Coordinator requests a budget code for the grant award from the Auditor-Controller/Treasurer/Tax Collector (ATC}, and submits appropriate budget documents for the Board of Supervisors approval. Once the budget is established, the Grant Coordinator requests a drawdown of grant funds and deposits the funds into the applicable special revenue fund.

Timeframes for the drawdown requests will be accomplished in accordance with award requirements specified by the awarding agency. The Grant Coordinator maintains a record of revenues requested and received and reconciles the account.

Disbursement of Funds to Subrecipients
When disbursing sub-award funds to subrecipients, the Grant Coordinator will prepare the appropriate payment document. The payment document is reviewed and approved by the Chair of the L&JG. The ATC processes payments and disbursement of funds.

To notify subrecipients of the federal award number, CFDA number, and the amount offederal funds at the time of the disbursement of funds, the following steps will be followed:
• The payment documents will reference the federal award number, CDFA number, and the amount of federal funds.
• Correspondence will be sent to subrecipients at the time of disbursement identifying the payment and detailing the required federal information.

Subrecipient Monitoring Requirement
Sub-awards will be monitored in accordance with all applicable statutes, regulations, the Uniform Grant Guidance, 0MB Circulars, and guidelines, including the Office of Justice Programs Financial Guide. The recipient will include the applicable conditions of this award in any sub-award. The recipient is responsible for the following:

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• Ensure that every sub-award is clearly identified to the subrecipient as a sub-award and includes applicable conditions of the federal award.
• Evaluate each subrecipient's risk of noncompliance with federal statutes, regulations and the terms and conditions of the sub-award for purposes of determining the appropriate subrecipient monitoring procedures.
• Oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to the use of funds.
• Review financial and performance reports.
• Follow-up and ensure that subrecipients take timely and appropriate action on all deficiencies pertaining to the federal award provided to the subrecipient from the pass-through entity detected through audits, on-site monitoring visits, and other means. • Issue a management decision for audit findings pertaining to the federal award provided to the subrecipient from the pass-through entity as required by 2 CFR 200.521 Management Decision. • Verify that every subrecipient who is expected to expend $750,000 or more is audited as required by 2 CFR 200 Subpart F Audit Requirements.
• Consider whether the results of the subrecipient's audits, on-site monitoring visits or other monitoring indicate conditions that necessitate adjustments to the pass-through entity's own records.
• Consider taking enforcement against noncom pliant subrecipients as described in 2 CFR 200.338 Remedies.

Subrecipient Monitoring Process
On-site monitoring of grant-funded projects may be conducted by the U.S. Department of Justice or the County of San Bernardino. At that time, the identified subrecipient agency will be required to provide documentation supporting expenditures, and/or a physical review of items funded through the grant may be requested.

To ensure full compliance with this legislative mandate, all grant related documentation to include timesheets, invoices, purchase orders, canceled checks, and contracts must be maintained in a location accessible to the person responsible for managing the sub-award, and the agency's chief executive.

If it is determined funds are not being used for approved purposes, or if proper documentation is not maintained, the amount in question must be returned to the U.S. Department of Justice. The subrecipient agency may also be deemed ineligible for future federal funding.

On-Site Monitoring
The County of San Bernardino L&JG may conduct on-site monitoring. The monitoring will be based upon performance and reported expenditure of funds. The monitoring will be based upon performance, tracked through reports and regular correspondence. This method will ensure the subrecipient in greatest need for assistance in managing their award is provided the necessary tools to be in full compliance with U.S. Department of Justice requirements.

If selected for monitoring, the subrecipient will be notified at least 20 days prior to the monitoring. The staff person responsible for managing the sub-award, the staff person assigned to managing fiscal operations, the chief executive of the subrecipient agency, and any other applicable persons directly involved in the oversight of grant funds will be asked to attend. Appropriate documentation will also be requested for review. During the monitoring, the following items will be reviewed and/or discussed:

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Victorville City CouncilSeptember 6, 2022

Victorville City Council
September 6, 2022