Agenda packet — Victorville City Council, September 6, 2022 (part 1 of 5)

City Council Chambers
14343 Civic Drive
Victorville, CA
www.victorvilleca.gov
VICTORVILLE CITY COUNCIL
VICTORVILLE LIBRARY BOARD OF TRUSTEES
SOUTHERN CALIFORNIA LOGISTICS RAIL AUTHORITY
SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
THE CITY AS HOUSING ASSETS SUCCESSOR
JOINT POWERS FINANCING AUTHORITY
VICTORVILLE WATER DISTRICT
Regular Meeting Agenda
Tuesday, September 6, 2022
6:00 p.m. Regular Session
The

City

Council

holds

its

business

meetings

public

accordance

with

the

requirements

the

Ralph
M.

Brown

Act,

its

established

policies

and

procedures,

and

its

adopted

parliamentary

authority.

The
Council

strives

carry

out

its

meetings

atmosphere

professionalism

with

full

participation

by
members

the

body

and

the

public.

such,

the

Presiding

Officer

empowered

govern

City

Council
Meetings

foster

the

efficient

and

fair

administration

City

business

and

reserves

the

right

enforce
(or

cause

enforced)

the

Meeting

Rules

Conduct

and

Decorum

set

forth

Chapter

5 of

the

City
Council Policy and Procedures Manual.

The

City

Council

welcomes

and

encourages

public

participation

and

invites

the

community

attend

in
person. If you cannot attend in person, the meeting will also be available via Zoom and YouTube.

To join via Computer, Laptop, or Smart Device:

Click

the

blue

Zoom

icon

located

the

City’s

website

victorvilleca.gov/government/agendas

enter
the following:

Meeting ID: 820 9716 6446
Passcode: VV123
*To provide comment, click the “Raise Hand” button and the Clerk will unmute you.

To join via Audio only (cell phone or landline):

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Public

Comments:

Members

the

public

may

submit

comments

electronically
to

[email protected]

4 p.m.

the

day

the

meeting

distributed

City

Council.

Participants

are

invited

address

the

Council

agendized

and

non-agendized

topics

the

beginning
of

the

meeting.

Public

comments

will

longer

than

three

(3)

minutes

per

community

member.

Should
a

speaker

conclude

their

comments

prior

the

expiration

three

(3)

minutes,

the

speaker

waives

the
right

speak

for

any

remaining

amount

time.

For

further

information

about

how

address

the

Council,
please refer to the City’s website at
victorvilleca.gov/government/agendas
.

compliance

with

the

Americans

with

Disabilities

Act,

you

need

special

assistance

participate

this
meeting,

please

contact

the

City

Clerk’s

office

(760)

955-5188

later

than

72 hours

prior

the
meeting.

6:00 p.m. Regular Session

Call to Order

Roll Call

Invocation: Pastor Josh Gerbracht of First Assembly of God Church

Pledge of Allegiance: Police Captain John Wickum

City Clerk Presents Agenda/Revisions to Agenda

Conflict of Interest Declarations
Any

items

this

agenda

that

might

conflict

interest

any

Council
Members/Board Members should be identified at this time.

Introduction to Public Comments

Public Comments

PUBLIC HEARING(S)

1. Proposed Updated Electric Service Rules and Regulations

Recommendation:

That the Honorable City Council:
(1)

Open

and

conduct

public

hearing,

receive

testimony

for

adoption

proposed
Resolution No. 22-092, and close the public hearing; and (2)

Adopt

Resolution

No.

22-092

amend

and

revise

the

Electric

Service

Rules
and

Regulations

for

utility

services

provided

Victorville

Municipal

Utility

Services
(“VMUS”)

Commercial

and

Industrial

Customers

located

within

the

Southern
California

Logistics

Airport

(“SCLA”)

and

Foxborough

Industrial

Park,

effective
October 1, 2022.

2. A

General

Plan

Amendment,

Planned

Unit

Development,

Site

Plan

and

Tentative
Tract

Map

with

Initial

Study

and

Mitigated

Negative

Declaration

allow

for

the
development

mixed-use

commercial

and

residential

project

an
approximately

34 acre

site

that

includes

approximately

230,632

square

feet

of
commercial

space

and

376

multi-family

residential

units;

and

request

to
reconfigure

18 parcels

via

Tentative

Tract

Map

property

located

north

and
abutting Bear Valley Road between Second Avenue and Third Avenue

Recommendation:

That

the

Honorable

City

Council

conduct

public

hearing,

receive

testimony
regarding the proposed project and take the following actions:
(1)

Adopt

the

attached

Mitigated

Negative

Declaration

with

Mitigation

Monitoring
and Reporting Program for the project;

(2)

Introduce

Planned

Unit

Development

Ordinance

No.

2431

for

adoption

and

first
reading by title only;
(3) Waive further reading in full of proposed Ordinance No. 2431; (4)

Adopt

Resolution

No.

22-097,

approving

the

General

Plan

Amendment

to
change property from a Commercial to Mixed Use land use; (5) Adopt Resolution No. 22-098, approving the Site Plan for the project; and (6) Adopt Resolution No. 22-099, approving the Tentative Tract Map for the project.

3. Annexation

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

tabulate

the

assessment
ballots;
(4)

Adopt

Resolution

Nos.

22-101

and

22-102

declaring

the

results

the

property
owner protest ballots;
(5)

majority

protest

exists,

adopt

Resolution

Nos.

22-103

and

22-104
confirming

that

majority

protest

exists,

adopting

the

Engineer’s

Reports

final,
ordering

the

annexation

Tract

Map

No.

20275

Drainage

Facilities

assessment
District

No.

1 and

Landscape

Maintenance

Assessment

District

No.

and

the

levy
and

collection

assessments

the

parcels

therein

commencing

Fiscal

Year
2023/2024.

CONSENT CALENDAR

4. 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

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.

5. Consideration

Grant

Revenue

from

the

Edward

Byrne

Memorial

Justice
Assistance

Grant

and

Authorize

Appropriation

these

Funds

the

Victorville
Police Department

Recommendation:

That the Honorable City Council:
(1)

the

grant

revenue

from

the

United

States

Department

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

his

designee

process

all

documents

required
for the program.

6. Building Division Quarterly Activity Report

Recommendation:

That the Honorable City Council review and file.

7. 2021

Power

Source

Disclosure

("PSD")

Program

Annual

Report

and

Power

Content
Label ("PCL")

Recommendation:

That

the

Honorable

City

Council

adopt

Resolution

No.

22-094,

approving

and
attesting

the

veracity

the

2021

Power

Source

Disclosure

Program

Annual
Report and Power Content Label submitted to the California Energy Commission.

8. Commercial Demand Schedule No. 4

Recommendation:

That

the

City

Council

and

Board

Directors

ratify

Commercial

Demand

Schedule
No.

4 in

the

amount

$9,783,341.89,

covering

Electronic

Fund

Transfers

No.
331288

through

331419

and

Warrant

No.

786852

through

787033

for

08/10/2022
through

08/18/2022

and

Wire

Transfers

dated

08/05/2022

through

08/12/2022,

per
the

adopted

budget

for

Fiscal

Year

2021-2022

for

the

period

covering

July

2021
through

June

30,

2022

and

Fiscal

Year

2022-2023

for

the

period

covering

July

1,
2022 through June 30, 2023.

9. Payroll Warrant List

Recommendation:

That

the

City

Council

and

Board

Directors

ratify

Payroll

Demand

Schedule

No.
1B

for

Payroll

Period

July

08,

2022,

through

July

22,

2022,

the

amount

of
$1,758,675.56

covering

Check

No.

32935

through

32975,

including

Vendor

checks.

Please

note

employee

Check

No.

32944

has

live

Check

and

EFT

Advice.

Also
included

are

Advice

Nos.

290457

through

290936,

per

adopted

budget

for

Fiscal
Year 2022-2023 (period covering July 1, 2022, through June 30, 2023

10. Notice of Completion – Lot 19

Recommendation:

That

the

Honorable

City

Council

complete

and

approve

the

Notice

of
Completion for the Lot 19 Project.

11. Monumentation Security Release for Tract Map No. 16720

Recommendation:

That

the

Honorable

City

Council

approve

the

full

release

the

Monumentation
Security for Tract Map No. 16720.

12. Securities Release for EROW18-00157/BLDC17-00042

Recommendation:

That

the

Honorable

City

Council

the

public

improvements

and

approve

an
80 percent

release

the

Faithful

Performance

Securities

for

EROW18-
00157/BLDC17-00042.

13. Reduction of Public Improvement Securities for Tract Map No. 16828

Recommendation:

That

the

Honorable

City

Council

approve

reduction

60 percent

for

the

Water
and Sewer Faithful Performance Improvement Securities for Tract Map No. 16828

14. Water Improvements Security Release for Las Haciendas Tract Map No. 16944

Recommendation:

That

the

Honorable

City

Council

approve

the

full

release

the

Labor

and

Materials
Water Improvements Security for Las Haciendas Tract Map No. 16944.

15. Reduction of Public Improvement Securities for Tract Map No. 15396

Recommendation:

That the Honorable City Council:
(1)

Approve

60 percent

partial

reduction

for

the

Landscaping

Maintenance
Assessment

District

Improvements

Faithful

Performance

Securities

for

Tract

Map
No. 15396;
(2)

Approve

reduction

80 percent

for

the

Faithful

Performance

Securities

for
the water, sewer, and drainage Improvements for Tract Map No. 15396; and (3) Accept the water, sewer, and drainage systems for maintenance.

16. 2022 Mandatory Conflict of Interest Code Review

Recommendation:

That

the

City

Council

direct

the

City

Clerk

conduct

review

the

Conflict

of
Interest

Codes

for

the

City

Victorville,

the

Southern

California

Logistics

Airport
Authority,

the

Southern

California

Logistics

Rail

Authority,

the

Victorville

Joint
Powers

Financing

Authority,

the

Victorville

Library

Board

Trustees,

the
Successor

Agency

the

Victorville

Redevelopment

Agency

and

the

Victorville
Water District to determine if any changes are necessary.

17. Settlement Agreement between the City of Victorville and Zhenfu Yang

Recommendation:

That

the

Honorable

City

Council

authorizes

the

execution

the

Citation

Settlement
Agreement

the

City

Manager

and

between

Zhenfu

Yang

and

the

City

of
Victorville in regard to Citation No. 30076.

18. Settlement Agreement between the City of Victorville and Shaoying Li

Recommendation:

That

the

Honorable

City

Council

authorizes

the

execution

the

Citation

Settlement
Agreement

the

City

Manager

and

between

Shaoying

and

the

City

Victorville
in regard to Citation No. 26695 and Superior Court Case No. CIVSB2107237.

19. Settlement Agreement between the City of Victorville and Ricardo Pena

Recommendation:

That

the

Honorable

City

Council

authorizes

the

execution

the

Citation

Settlement
Agreement

the

City

Manager

and

between

Ricardo

Pena

and

the

City

Victorville in regard to Citation No. 28203.

WRITTEN COMMUNICATIONS

20. Request

Approve

Award

for

Unarmed

Security

Guard

Services

under

Project
CC22-111

Recommendation:

That

the

Honorable

City

Council

Water

District

Board

Directors

approve

the
award to Alltech Industries, Inc. in the not-to-exceed amount of $192,144.

21. City Website Support Agreement & Migration to Cloud Hosted Services

Recommendation:

That

the

Honorable

City

Council

approve

five-year

professional

services
consultant

agreement

with

Granicus,

LLC

support

and

host

our

public

and
internal

website(s),

the

amount

not

exceed

$170,000,

and

that

the

Honorable
City

Council

authorize

the

City

Manager

execute

all

documents

this
agreement.

22. Final Approval of Tract Map No. 20275

Recommendation:

That the Honorable City Council:
(1) Approve Final Tract Map No. 20275;
(2)

Approve

the

Subdivision

Improvement

Agreement

with

Homes

for

Final
Tract Map No. 20275; and
(3) Approve the Lien Agreement with KB Homes as the improvement security.

23. Miscellaneous Engineering Services - Agreement with Woodard & Curran

Recommendation:

That

the

Honorable

Victorville

Water

District

Board

Directors

approve

the
Consultant/Professional

Services

Provider

Agreement

with

Woodard

Curran

an
amount

not

exceed

$150,000.00

for

performing

miscellaneous

engineering

and
consulting

services

for

the

City

Victorville

Industrial

Wastewater

Treatment

Plant
(IWWTP).

24. Sheriff’s Department Schedule A Amendment

Recommendation:

That the Honorable City Council:
(1)

Approve

the

amended

Schedule

contract

for

2022-2023

for

Law
Enforcement Services with the San Bernardino County Sheriff’s Department; and (2)

Adopt

Resolution

22-086

approving

additional

appropriation

the

amount

of
$750,898 for such agreement.

25. City Council Members’ Proof of Residency

Recommendation:

Any action is at the discretion of Your Honorable City Council.

26. Mayor

Pro-Tem

Irving’s

recommendation

for

appointment

the

Community
Services Advisory Committee

Recommendation:

That

Your

Honorable

City

Council

appoint

Terrance

Stone

serve

the
Community

Services

Advisory

Committee,

recommended

Mayor

Pro-Tem
Irving.

27. City Manager Reports

28. Discussion and Possible Action Regarding Upcoming Agenda Items

29. Reports from Council Members

Adjournment

Item Number: 1
City Council / Board of Directors
Public Hearing
Meeting of: September 6, 2022
Submitted By:

Brenda Hampton, Director of Electric Utility Services

Subject:

Proposed Updated Electric Service Rules and Regulations Recommendation:

That the Honorable City Council:

1. Open and conduct a public hearing, receive testimony for adoption of proposed Resolution No. 22-092, and close the public hearing; and

2. Adopt Resolution No. 22-092 to amend and revise the Electric Service Rules and Regulations for utility services provided by Victorville Municipal Utility Services (“VMUS”) to Commercial and Industrial Customers located within the Southern California Logistics Airport (“SCLA”) and Foxborough Industrial Park, effective October 1, 2022.

Fiscal Impact:

There is no anticipated fiscal impact associated with this action in FY 2022-2023.

Background:

On January 19, 2010, the City Council adopted Ordinance No. 2240 which amended, revised, and codified the VMUS Electric Service Rules, Regulations and Rate Schedules, and established a mechanism under Chapter 10.10 of the Victorville Municipal Code to make future amendments by way of City Council resolution. Attachment 1 (exclusive of Appendix A) contains the VMUS Electric Service Rules and Regulations portion of Ordinance No. 2240 (the “Rules and Regulations”) which govern the day-to-day operations of the electric utility
City Staff periodically reviews the Rules and Regulations to ensure that VMUS policies and related procedures reflect administrative reorganizations, best utility practices, new laws or regulations governing the utility, and technology updates. These Rules and 2 7
4 4
Regulations were last amended effective August 1, 2020, following City Council adoption of Resolution No. 20-053.

Discussion:

The proposed revisions to the Rules and Regulations are reflected in Attachment 1 to Resolution No. 22-092. These revisions include several minor clarifying editorial changes, the addition of new Rules 19 (Service Area) and 21 (Generating Facility Interconnections), and a revision to existing Rule 20 to reflect the new Net Energy Metering Application Fee. If Resolution No. 22-092 is approved by the City Council, the revised Rules and Regulations will become effective on October 1, 2022.

Rule 19 provides clarification on the exclusive rights of VMUS related to providing electric service to potential customers within certain areas of the City of Victorville. Rule 21 introduces a program to provide facility interconnection and Net Energy Metering or “NEM” for eligible customer-generators, in accordance with California Public Utilities Code Section 2827. NEM allows customers to utilize renewable electricity generated by their on-site systems, such as solar photovoltaic (solar PV) systems. NEM legislation was adopted to encourage substantial private investment in renewable energy resources, stimulate in-state economic growth, reduce demand for electricity during peak consumption periods, help stabilize California's energy supply infrastructure, enhance the continued diversification of California's energy resource mix, reduce interconnection and administrative costs for electricity suppliers, and encourage conservation and efficiency.

The City has provided the required notification to the public by publishing notice of this hearing on August 22 and August 29, 2022, in the County Legal Reporter, a newspaper of general circulation adjudicated to publish Legal Advertisements in the entire County of San Bernardino and City of Victorville, and by posting the notice in at least two separate locations within the City. Furthermore, the public hearing notice was sent to applicable VMUS electric customers on August 22, 2022, and proposed Resolution No. 22-092 has been available for public review in the City Clerk's office and on the VMUS webpage since August 22, 2022.

Staff remains available to answer any questions the City Council may have.

Attachments: A. Notice of Public Hearing
B. Resolution No. 22-092

Attachment A –
Notice of Public Hearing –
Resolution No. 22-092
CITY OF VICTORVILLE – NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT the Victorville City Council shall conduct a public hearing on September 6, 2022, at 6:00 p.m. (or as soon thereafter as the matter may be heard), for the purposes of hearing arguments for and against amending the Electric Service Rules and Regulations (“Rules”) to update and revise certain administrative procedures and definitions in said Rules. If adopted, the revised Electric Service Rules detailed in Attachment 1 of proposed Resolution No. 22-092 would become effective on October 1, 2022.

RESOLUTION NO. 22-092

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE AMENDING

AND REVISING THE ELECTRIC RULES AND REGULATIONS FOR ELECTRIC

SERVICES PROVIDED TO CUSTOMERS OF VICTORVILLE MUNICIPAL UTILITY SERVICES (“VMUS”) PURSUANT TO CHAPTER 10.10 OF THE VICTORVILLE MUNICIPAL CODE, EFFECTIVE OCTOBER 1, 2022
Proposed Resolution No. 22-092, the revised Electric Service Rules (Attachment 1 thereto) will be available for inspection beginning on August 22, 2022 at Victorville City Hall, located at 14343 Civic Drive, Victorville, California in the City Clerk’s office, or online at https://www.victorvilleca.gov/government/legally-required-postings.

Any person may appear at the hearing and be heard in support of, or in opposition to Proposed Resolution No. 22-092 Persons having concerns or questions regarding this hearing may contact VMUS customer service at (760) 243-6340, [email protected], or visit VMUS customer service at Victorville City Hall during normal business hours. Comments may be made via email to [email protected] no later than 4 p.m. on September 6, 2022; by mail prior to or during the meeting, but before the close of the public hearing, to City Clerk, 14343 Civic Drive, Victorville, CA 92392; and/or by following the directions on the posted agenda notice for the September 6, 2022 meeting for participating and viewing via Zoom or YouTube.

Any persons wishing to challenge the decision on the above item in court may be limited to raising only those issues they or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Victorville, or prior to, the public hearing.

Publish: August 22, 2022 and August 29, 2022

CITY CLERK OF THE CITY OF VICTORVILLE
Jennifer Thompson
Jennifer Thompson, City Clerk
1 A
ttachment B
Resolution No. 22-092
2 RESOLUTION NO. 22-092

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

VICTORVILLE AMENDING AND REVISING THE ELECTRIC RULES

AND REGULATIONS FOR ELECTRIC SERVICES PROVIDED TO

CUSTOMERS OF VICTORVILLE MUNICIPAL UTILITY SERVICES
(“VMUS”) PURSUANT TO CHAPTER 10.10 OF THE VICTORVILLE
MUNICIPAL CODE, EFFECTIVE OCTOBER 1, 2022

WHEREAS, on January 19, 2010, the City Council of the City of Victorvill e (“City”) adopted Ordinance No. 2240, which, among other things, amended, revised, and codified the Electric Service Rules, Regulations and Rate Schedules of Victorville Municipal Utility Services (“VMUS”) in Chapter 10.10 of the Victorville Municipal Code (“VMC”); and

W
HEREAS , the Electric Service Rules, Regulations and Rate Schedules of VMUS were set forth in Attachment 1 of Ordinance No. 2240 and incorporated by reference into VMC Section

10.10.010(a); and

W
HEREAS, VMC Section 10.10.010(b) authorizes the City Council to amend the Electric Service Rules and Regulations portion of said Attachment 1 following publication of advance notice and the holding of a public hearing; and

W
HEREAS the City Council requires City Staff to regularly review the VMUS Electric Service Rules and Regulations (a comprehensive set of rules, regulations and operating procedures for the utility and its customers) to ensure that VMUS policies and related procedures reflect administrative reorganizations, best utility practices, new laws or regulations governing the utility, and technology updates; and

WHEREAS, the VMUS Electric Service Rules and Regulations were last amended by City Council Resolution No. 20-053, which became effective on August 1, 2020; and

WHEREAS,
in order to add new Rule 19 (Service Area) and Rule 21 (Generating Facility Interconnections); revise existing Rule 20 to include a Net Energy Metering Application fee; and to make other minor editorial clarifications to the Electric Service Rules and Regul ations, City Staff recommends adoption of the revised the Electric Service Rules and Regulations as set forth in Attachment 1 of this Resolution; and

W
HEREAS , on September 6, 2022, the City Council conducted a duly noticed public hearing concerning the adoption of this Resolution and Attachment 1 thereto; and

WHEREAS, c opies of this Resolution and Attachment 1 thereto, were made available for public review in City Clerk’s office and on the VMUS web page beginning August 22, 2022; and

W
HEREAS , based upon the Staff Report, testimony, and other evidence submitted at the public hearing held on September 6, 2022, the City Council hereby finds and determines that: the proposed revised VMUS Electric Service Rules and Regulations set forth in Attachment 1 to this Resolution are necessary to ensure the orderly and efficient operation of VMUS and reflect the 3 City’s reasonable and prudent costs associated with fees for certain services provided upon request by VMUS customers; and

WHEREAS, the City Council has determined that the approval of th is Resolution is exempt from the requirements of the California Env ironmental Quality Act of 1970, as amended (“CEQA”), as said Resolution is not a “project” because it constitutes general policy and procedure making (CEQA Guidelines Section §15060(c)(3) ), and has further determined that adoption of said Resolution is statutorily exempt as CEQA does not apply to the establishment or approval of fees which are for the purposes of meeting the operating expenses of the municipal electricity enterprise (CEQA Guidelines Section 15273(a)(1)); and

W
HEREAS, to ensure the continued orderly operation of VMUS and recovery of reasonable and prudent costs associated with providing certain utility related services to its customers, the City Council wishes to adopt this Resolution and make the revised Electric Service Rules and Regulations effective as of October 1, 2022.

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

Section 1.

That the recitals and findings set forth above are true and correct and are hereby incorporated in their entirety, together with any definitions set forth therein, as a substantive part of this Resolution by this reference.

Section 2. T
hat the VMUS Electric Service Rules and Regulations set forth in Attachment 1 this Resolution, which Attachment 1 is incorporated and made part of this Resolution by this reference, is hereby adopted and shall replace and supersede Attachment 1 of Ordinance No. 2240 (excluding Appendix A), as such was last amended by Resolution No. 20-053 on August 1. 2020.

Section 3. T
hat the VMUS Electric Service Rules and Regulations set forth in Attachment 1 this Resolution (which exclude Appendix A) shall become effective as of October 1, 2022.

Section 4. Th
at a s of October 1, 2022, a copy of the VMUS Electric Service Rules and Regulations attached to this Resolution as Attachment 1 (which exclude Appendix A) shall be retained at City Hall by the City Clerk and/or VMUS customer service and shall be available for public inspection upon request.

Section 5. Th
at as permitted by VMC Section 10.10.010(b), this Resolution and Attachment 1 thereto only serves to amend the Electric Service Rules and Regulations portion of the VMUS Electric Service Rules, Regulations and Rate Schedules and leaves undisturbed the Electric Service Rate Schedules (Tariffs) (Appendix A of Attachment 1) which were last adjusted by the adoption of City Council Resolution Nos. 22-060 and 22-061 on June 21, 2022.

Section 6. Th
at the City Clerk shall certify to the adoption of this Resolution.

Rule 1
City of Victorville Municipal Utility Services - Electric Service Rules, Regulations and Rate Schedules Rules and Regulations Only – Revised Effective August 1, 2022 – City Council Resolution 22-092 Page ii

ATTACHMENT 1
to

Ordinance No. 2240 (Originally adopted on January 19, 2010)

Victorville Municipal Utility Services
Electric Service Rules, Regulations and Rate Schedules

Electric Service Rules and Regulations

(Revised on June 18, 2013 per City Council Resolution No. 13-014) (Revised on August 1, 2017 per City Council Resolution No. 17-040) (Revised on August 1, 2018 per City Council Resolution No. 18-044) (Revised on August 1, 2020 per City Council Resolution No. 20-053) (Revised on October 1, 2022 per City Council Resolution No. 22-092)

Attachment 1 – Table of Contents

Table of Contents
Victorville Municipal Utilities Services
P.O. Box 5001, Victorville, CA 92393-5001

Electric Service Rules, Regulations and Rate Schedules

Electric Service Rule 1 - Definitions 1
Electric Service Rule 2 - Description of Electric Service 7 Electric Service Rule 3 – Application for Service 15
Electric Service Rule 4 - Contracts 18
Electric Service Rule 5 - Special Information Required on Forms 20 Electric Service Rule 6 - Establishment and Re-establishment of Service 22 Electric Service Rule 7 - Deposits 24
Electric Service Rule 8 - Notices 25
Electric Service Rule 9 - Rendering and Payment of Bills 26 Electric Service Rule 10 – Billing Discrepancies 29
Electric Service Rule 11 - Discontinuance and Restoration of Service 31 Electric Service Rule 12 - Rates and Optional Rates 34
Electric Service Rule 13 - Temporary Service 38
Electric Service Rule 14 – Variations in the Quality or Supply of Electricity 39 Electric Service Rule 15 - Line Extensions 41
Electric Service Rule 16 – Service Extensions 46
Electric Service Rule 17 - Adjustment of Bills and Meter Tests 57 Electric Service Rule 18 - Supply to Premises and Resale 61 Electric Service Rule 19 – Service Area 62
Electric Service Rule 20 – Utility Charges and Fees 63
Electric Service Rule 21 - Generating Facility Interconnections 66 Appendix A – Electric Service Rate Schedules (Tariffs)

Page 1 ends

Rule 1 – Definitions

For the purpose of these Tariff Schedules, the terms and expressions listed below shall have the meaning set forth opposite them:

Added or Special Facilities: The facilities provided by the Utility at the request of the Customer or Applicant which are over and above the Utility’s standard facilities which the Utility would normally install or use and which represent additional costs to the Utility over normally installed facilities to provide electric service.

Applicant: The person requesting the Utility to supply electric service and/or to provide electric facilities required to serve any Premises.

Billing Demand: The load or demand used for computing charges under rate schedules based on the size of the customer’s load or demand. It may be the connected load, the measured maximum demand, or a modification of either, as provided for by applicable rate schedule.

Billing Period: The time interval between two consecutive meter readings that are taken for billing purposes.

Cabling: Conductors (including cable -in-conduit, if used), connectors, switches, as required by the Utility for primary, secondary, and service installations. The total trench footage used for calculating cabling costs is determined by adding the total length of all new and existing trenching for the installation of underground primary and secondary Distribution Lines designed to supply two (2) or more services. (Excluding service trench footage under Rule 16).

City: The City of Victorville.

City Council: The City Council of the City of Victorville. The City Council is the governing body for the Utility.

City Manager: The City Manager of the City of Victorville.

Conduit: Ducts, pipes, or tubes of certain metals, plastics or other materials acceptable to the Utility (including pull wires and concrete encasement where required) for the installation and protection of electric wires and cables.

Connected Load: The sum of the rated capacities of all of the customer’s equipment that can be connected to the Utility’s lines at one time as more completely described in the Rate Schedules.

Page 2 ends

Contribution: In-kind services and the value of all property conveyed to the Utility at any time during the Utility’s work on an extension that is part of the Utility’s total estimated installed cost of its facilities, or cash payments.

Customer: The person in whose name service is rendered as evidenced by the signature on the application, contract, or agreement for that service, or, in the absence of a signed instrument, by the receipt and payment of bills regularly issued in such name regardless of the identity of the actual user of the service.

Customer’s Mailing Address: T he address specified in a C ustomer’s application or contract, or any other address subsequently given to the Utility by the Customer, by which any notice or other communication is to be mailed.

Date of Presentation: The date upon which a bill or notice i s mailed or emailed, or otherwise delivered by the Utility to the Customer.

Days: Any reference to days will be considered calendar days unless specified otherwise.

Director of Utilities: The Director of Utilities for the City of Victorville or his/her duly authorized designee. The Director of Utilities is responsible for the management and operation of the Utility for the businesses of the City of Victorville in accordance with these Rules, Regulations and Rate Schedules and any other such policies or direction adopted by the City Council.

Distribution Line(s): The Utility’s underground facilities that are operated at distribution voltages as set forth in the Utility’s Rule 2 and are designed to supply two (2) or more services.

Distribution Line Extension: A new distribution facility of the Utility that is a continuation of, or branches from, the nearest available existing permanent Distribution Line (including any facility rearrangements and relocations necessary to accommodate the Distribution Line Extension) to the point of connection of the last service.

Distribution System: Those distribution facilities owned, controlled, and operated by the Utility that are used to provide distribution service under the Tariff Schedules.

Excavation: All necessary trenching, backfilling, and other digging to install Distribution Line or Service Extension facilities, including furnishing of any imported backfill material and disposal of spoil as required, surface repair and replacement, landscape repair and replacement.

Feeder Conduit: Conduit for such uses as part of a backbone system to provide for future anticipated load growth and to provide the flexibility and versatility of modifying or supplying emergency backup power to the area involved.

Page 3 ends

Line Extension: All facilities, exclu ding transformers, service connections, and meters required to extend electric service from the Utility’s existing permanent Distribution System to the point of delivery to the customer.

Mailed: Any notice or other communication will be considered “mailed” when it is enclosed in a sealed envelope, properly addressed, and deposited in any United States post office box, postage prepaid.

Maximum Demand : The average kilowatts during the specified time interval when the Customer’s use is greatest during the billing period as indicated or recorded by the Utility’s meter.

Meter: The instrument used for measuring the electricity delivered to the Customer.

Metering Facilities : The necessary meter, instruments , transformers, test facilities, data communication equipment, and other associated metering equipment.

National Electric Safety Code (NESC): Sets the ground rules and guidelines for practical safeguarding of utility workers and the public during installation, operation, and maintenance of electric supply, communication lines, and associated equipment.

Nominal Voltage : The nominal voltage of a circuit is the approximate voltage between conductors in a circuit or system of a given class, assigned for the purpose of convenient designation. For any specific nominal voltage, the operating voltage actually existing at various points and at various times on the system is subject to normal distribution variation.

Payment: Cash payment made to the Utility prior to the initiation of any work done by the Utility under Rules 15 and 16.

Permanent Service: Electric s ervice, which in the opinion of the U tility, is of a permanent and established character. Permanent Service may be continuous, intermittent, or seasonal in nature.

Person: Any individual, partnership, corporation, public agency, or other organization operating as a single entity.

Point of Delivery: The point where conductors of the Utility are connected to the conductors of the Customer, regardless of the location of the Utility’s meters or transformers. Utility conductors may be owned, leased, or under license by the Utility, and the conductors of the customer may be owned, leased, or under license by the Customer.

Power Factor: The ratio of the revenue producing current in a circuit to the total current in that circuit. In terms of power quantities, power factor is the ratio of kW (real power) to the total kVA (total power).

Page 4 ends

Power Service: Electric service to apparatus or equipment used for purposes other than lighting shall be considered as Power Service. Lamps or lights used for purposes, which in the opinion of the Utility, are not general illumination purposes are classed as P ower Service, such as the following: motion picture projection, motion picture and television production, production of chemical reactions, sterilizing, drying, radiant heating, therapeutic, photographic proces sing, stimulating the growth or yield of agricultural products, pilot or indicating lights on power control equipment, and lighting used as an aid in the operation of a motor -driven production machine for the purpose of checking tool settings or dial readings, measuring or inspecting the product while on the machine when the lamps are installed as an integral part of the machine and energized from its power supply.

Premises: All of the real property and apparatus employed in a S ingle Enterprise on an integral parcel of undivided land, except in the case of industrial, agricultural, oil field, resort enterprises, and public or Q uasi-public I nstitutions, by a dedicated street, highway, or other public thoroughfare, or railway. Automobile parking lots constituting a part of and adjacent to a Single Enterprise may be separated by an alley from the remainder of the Premises served.

Protective Structures: Fences, retaining walls (in lieu of grading), sound barriers, posts, or barricades and other structures as required by the Utility to protect distribution equipment.

Pull Box: An enclosure for joining conductors, which also provides by its size, arrangement, and location of the necessary facilities for pulling the conductors into place. This term as used here includes structures also known as “manhole,” “handhold,” and “switch board pull section.”

Quasi-public Institutions : Public utilities, educational institutions, and hospitals, whether publicly or privately owned, where the property, campus or hospital grounds extend over relatively large areas through which public streets may run.

Rate Charges: Charges in the Rate Schedules may include the following:

Added Facilities Charge : The fee collected by the Utility for the installation and use of Added F acilities equipment.

Customer Charge : That portion of the charge for service that is a fixed amount without regard to connected load, demand, or energy consumption in accordance with the applicable Rate Schedule.

Demand Charge : That portion of the charge for service which varies with the billing demand in accordance with the applicable Rate Schedule.

Energy Charge: That portion of the charge for service which varies with the quantity of energy consumed in accordance with the Rate Schedule.

Page 5 ends

Minimum Charge: The least amount for which service will be rendered in accordance with the applicable Rate Schedule.

Service Charge: That portion of the charge for service, which is a fixed amount based on connected load in accordance with the applicable Rate Schedule.

Rate Schedule: May be one or more tariff pages setting forth the charges and conditions for a particular class or type of service at a given location. A Rate Schedule, as referred to herein, shall include all the wording on the applicable Tariff P age or pages, including without limitation the following: Class of Service, Character or Applicability, Territory, Rates, Conditions, and reference to Rules.

Rules: Tariff P ages which set forth the application of all rates, charges and service when such applicability is not set forth in and as a part of the Rate Schedules.

Rules and Regulations: The V ictorville Municipal Utility Services Electric Service Rules, Regulations and Rate S chedules set forth herein, including the Rate S chedules set forth in Appendix A. Also referred to as “Tariff Schedules”.

Service Delivery Point: Where the Utility’s service facilities are connected to either Applicant ’s conductors or other service termination facility designated and approved by the Utility.

Service Wires or Connection s: The group of conductors, whether overhead or underground, necessary to connect the service entrance conductors of the Customer to the Utility’s Distribution System, regardless of the location of the Utility’s meters or transformers. Because the Utility is an underground utility, Service Wires or Connections are underground.

Service Extension: Consists of the Service Wires or Connections as above defined (including, but not limited to Utility -owned service facilities and Applicant -owned service facilit ies) extending from the point of connection at the Distribution Line to the Service Delivery Point.

Single Enterprise: A separate business or other individual activity carried on by a Customer. The term does not apply to associations or combinations of Customers.

Standby Service: Electric s ervice supplied to C ustomers who normally obtain their power requirements from sources other than the Utility. Under this service, the Utility provides a permanent service connection to supply the Customer’s contracted load in accordance with the provisions of the standby schedule.

State Surcharge Tax : A surcharge tax imposed on all Customers, based upon the quantities of kilowatt-hours consumed and paid to the California Department of Taxes and Fee Administration.

Page 6 ends

Street Lighting Service: Electric s ervice to any lighting apparatus used primarily for the illumination of streets, alleys, highways, or other public ways.

Substructures: The surface and subsurface structures which are necessary to contain or support the Utility ’s electric facilities. This includes , but is not limited to splice boxes, Pull Boxes, equipment vaults and enclosures, foundations or pads for surface-mounted equipment.

Tariff Page: An individual page of the Tariff Schedules.

Tariff Schedules: The entire body of effective rates, rentals, charges , and R ules collectively of the Utility, as set forth herein, including the Rate Schedules and these Rules.

Temporary Service: Electric service for enterprises or activities that are temporary in character or where it is known in advance that service will be of limited duration. Service, which in the opinion of the Utility, is for operations of a speculative character or the permanency of which has not been established, also is considered Temporary Service.

TOU: Time of Use.

Trenching: See Excavation.

Utility: The City of Victorville Municipal Utility Services.

Utility’s Operating Convenience: The term refers to the utilization, under certain circumstances, of facilities or practices not ordinarily employed which contribute to the overall efficiency of the Utility’s operations; it does not refer to Customer convenience nor to the use of facilities or adoption of practices required to comply with applicable laws, ordinances, rules or regulations or similar requirements of public authorities.

Utility Distribution Supervisor: The person designated by the Utility to supervise and direct the operations and maintenance of the Utility’s E lectrical Distribution S ystem in accordance with these Rules, Regulations and Rate Schedules and any other policies or directives adopted by the City Council.

Violence: Types of violence include without limitation: death or injury with a weapon, inflicting bodily harm, allowing animals to attack, physically detaining an employee against his/her will, and/or tearing employee’s clothing.

Rule 2
City of Victorville Municipal Utility Services - Electric Service Rules, Regulations and Rate Schedules Rules and Regulations Only – Revised Effective August 1, 2022 – City Council Resolution 22-092

Page 7 ends

Rule 2 – Description of Electric Service

A. GENERAL

1. The character of service available at any particular location should be ascertained by inquiry at the Utility office.

2. The Rate S chedules included herein are applicable for service where the Customer purchases its entire electrical requirement from the Utility, except where such schedules specifically provide otherwise, and are not applicable where a part of the Customer’s electrical requirements are supplied from some other source.

3. The R ate Schedules included herein are applicable fo r service provided from the Utility’s permanent, existing Distribution System or in accordance with the provisions of Rules 15 and 16, except where schedules specifically provide otherwise.

4. Alternating current service of approximately 60-cycle frequency will be supplied.

5. Voltages referred to in the Tariff Schedules are nominal voltages and in some few instances, reasonable variations may occur.

6. Service will be supplied at one standard voltage for each class of service. Each service shall have a service main disconnecting device with an ampere rating equal to, or less than the ampere rating of the underground pull section and the service conductors. The total ampere rating of the service main disconnecting devices, including taps to the underground pull section shall be equal or less than the ampere rating of the service conductors.

B. PHASE AND VOLTAGE SPECIFICATIONS

1. Standard nominal voltages of the Utility are as follows:
a. Distribution voltages: 277/480, 4160, 6900 and 12,000 volts.

b. Voltages of 33,000 volts and higher are transmission voltages. For its operating convenience, the Utility may elect to supply a Customer from transmission voltage lines. In such case, the Customer may select as a standard delivery voltage one of the following:
2400, 4160, 6900, 12000 volts or such other voltage as the Utility may approve.

c. All Customer-owned utilization equipment must be designed and rated in accordance with utilization voltages specified by the American National Standard C84.1 for Customer equipment to perform satisfactorily.

Page 8 ends

d. The utility system is designed and maintained to provide service voltage levels at the Customer’s main switch as specified by the American National Standard C84.1. The Utility has no control over the Customer’s utilization voltage that results from voltage drop in Customer’s wiring.

e. While average voltages are maintained as described, it must be recognized that short term voltage excursions (transients) exceeding these levels can occur as the result of normal system operations (circuit stitching, motor start -up, etc.). Equipment containing microprocessors or other sensitive electronic components can be damaged or otherwise rendered inoperative by such transients. It is the Customer’s responsibility to determine the suitability of the supplied power and to provide any necessary power conditioning equipment.

2. Single-Phase Service

a. General

Voltage Minimum Load Required Maximum Load Allowed
120 volts None 1-15 amp and 1-20 amp
branch circuit
120/240 or 240 volts None 400 amp main switch
240/480 volts 15 kVa 200 amp main switch
2,400 volts or over Varies with location 40 amp main switch

b. The maximum size 120 -volt, single-phase motor allowed is 1 hp and the maximum size 240 volt or higher voltage, single-phase motor allowed is 10 hp.

3. Three-Phase Service

a. General

Voltage Minimum Connected
Load
Maximum Demand
Load Required
Switch
Maximum Main
240 volts 3 kVa 75kVa 400 A
120/208 volts 45 kVa 1000 kVa 4000 A
277/480 volts 45 kVa 3750 kVa 4000 A
12,000 volts*

* Contact the Utility Distribution Supervisor.

b. Service to all loads of 1,000 -kVA maximum demand or over, must be approved by the Utility as to adequacy of facilities for service.

Page 9 ends

c. Loads on three -phase service must be balanced between phases in accordance with good engineering practice.

d. Three-phase service may be supplied to installations having a proposed main service switch in excess of the switch capacities specified above provided approval of the Utility first has been obtained as to the number and size of switches, circuits and related facilities.

Such service will be supplied from two separate service connections at one location from one transformer location. Energy so supplied will be measured through one meter. The loads will be balanced as closely as practicable between the services.

4. Combined Single-phase Service and Three-phase Service

a. Service may be supplied at 120/208 volts, four-wire, wye-connected where the Utility does not maintain four-wire secondary mains, provided (1) written application is made for such service by the Customer; (2) the Customer’s load is of such a size as to require an individual transformer installation of not less t han 45 kVA when supplied from an underground system. Transformer capacity is based on load diversity as determined by the Utility; and (3) the Customer provides space acceptable to the Utility on the premises to accommodate the installation of the Utility’s facilities.

b. Service may be supplied at 277/480 volts, four-wire, wye-connected where the Utility maintains 120/208 volt or 240 volt secondary polyphase mains, provided: (1) written application is made for such service by the Customer; (2) the Customer’s load is of such size as to require an individual transformer installation of 45 kVA when supplied from the underground system. Transformer capacity shall be based on load diversity as determined by the Utility; and (3) the Customer provides space acceptable to the Utility on the premises to accommodate the installation of the Utility’s facilities.

c. Service may be supplied at 120/240 volts, four- wire, delta -connected where the utility does not maintain four -wire secondary mains, provided: (1 ) the Customer’s load is of such a size as to require an individual transformer installation of not less than 15 kVA of transformer capacity, as determined by the Utility and complies with paragraph 3b above, if applicable; (2) the unbalance between phases is less than 100 kW; (3) the Customer provides space acceptable to the Utility on the premises to accommodate the installation of the Utility’s facilities; and (4) maximum main switch capacity is 600 amps with 400 amp maximum fusing.

d. The maximum demand allowances for combined single -phase and three- phase are set forth in Section B.3.b above.

e. The minimum demand load for a three-phase pad-mounted transformer is 45 kVA for 120/208 volt service or 277/480 volt service.

Page 10 ends

f. All three-phase circuits not exceeding 250 volts shall have either a phase or neutral grounded and a four -wire polyphase service run to the Customer’s service entrance main switch.

5. At the option of the Utility, the above voltage and phase specifications may be modified because of service conditions at the location involved.

C. MOTOR PROTECTION AND EQUIPMENT

1. Customer’s motor equipment must conform to the following requirements:

a. Motors that cannot be subjected safely to full rated voltage on starting, or that drive machinery of such a nature that the machinery itself, or the product handles will not permit the motor to resume to normal speed upon the restoration of normal supply voltage shall be equipped with devices that will disconnect them from the line upon failure of supply voltage and that will prevent the automatic reconnection of the motors upon restoration of normal supply voltage.

b. All motors of 1 hp or larger shall be equipped with thermal relays, fuses, or other automatic over-current interrupting devices to disconnect completely such motors from the line as a protection against damage due to overheating.

c. Three-phase motors driving elevators, hoists, tramways, cranes, conveyers or other equipment, which would create hazard to life in the event of uncontrolled reversal of motor rotation, shall be provided with reverse -phase and open-phase protection to disconnect completely the motors from the line in the event of phase reversal or loss of one phase.

d. Wind machines thermostatically controlled with automatic re -closing switches must be equipped with suitable time-delay devices, such as hereinafter specified, at the Customer’s expense, to permit the required adjustment of the time of re -closure after interruption of service.

2. A suitable time -delay device, within the meaning of this Rule, is a relay or other type of equipment that can be present to delay with various time intervals the re -closing of the automatic switches (and the consequent starting up of the electric motors on the wind machines) and to stagger the reconnection of the load on the Utility’s system, and such device must be constructed so as effectively to permit a variable overall time interval of not less than five minutes with adjustable time increments of not greater than ten seconds. The particular setting to be utilized for each separate installation is to be determine by the Utility from time to time in accordance with its operating requirements, and the Customer is to obtain from the Utility the setting for each installation as thus determined.

D. ALLOWABLE MOTOR STARTING CURRENTS
Rule 2
City of Victorville Municipal Utility Services - Electric Service Rules, Regulations and Rate Schedules Rules and Regulations Only – Revised Effective August 1, 2022 – City Council Resolution 22-092

Page 11 ends

1. The starting current drawn from the Utility’s lines shall be considered the nameplate locked rotor current or that guaranteed by the manufacturer.

At its option, the Utility may determine the starting current by test, using a stop ammeter with not more than 15 percent overswing or an oscillograph, disregarding the value shown for the first ten cycles subsequent to energizing the motor. If the starting current for a single motor exceeds the value stated in the following tables, reduced voltage starting or other suitable means must be employed, at the Customer’s expense, to limit the current to the value specified, except where specific exemptions are provided in Sections D.2, 3, and 4.

TABLE 1
Alternating Current –
Single-Phase Motors
Allowable Locked Rotor Currents

TABLE 2
Alternating Current – Three-Phase Motors
Allowable Locked Rotor Currents

Rated Size 240 Volts 480 Volts 2400 Volts
3 hp 64 amperes 32 amperes
5 hp 92 amperes 46 amperes
7-1/2 hp 127 amperes 63 amperes
10 hp 162 amperes 81 amperes
15 hp 232 amperes 116 amperes
20 hp 290 amperes 145 amperes
25 hp 365 amperes 183 amperes
30 hp 435 amperes 218 amperes
40 hp 580 amperes 290 amperes
50 hp 725 amperes 363 amperes 70 amperes
60 hp 435 amperes 87 amperes
75 hp 535 amperes 107 amperes
100 hp 725 amperes 142 amperes
Over 100 hp – The Utility should be consulted for allowable locked rotor currents.

Rated Size 120 Volts 240 Volts
1 hp and less 50 amperes 36 amperes
1-1/2 hp 48 amperes
2 hp 60 amperes
3 hp 80 amperes
5 hp 120 amperes
7-1/2 hp 170 amperes
10 hp 220 amperes
Rule 2
City of Victorville Municipal Utility Services - Electric Service Rules, Regulations and Rate Schedules Rules and Regulations Only – Revised Effective August 1, 2022 – City Council Resolution 22-092

Page 12 ends

2. Where service conditions permit, subject to Utility approval, reduced- voltage starters may be omitted in the original installation until such time as the Utility may order the installation of a reduced- voltage starter to be made, and, similarly, the Utility may at an y time require starting current values lo wer than set forth herein where conditions at any point on its system require such reduction to avoid interference with service.

3. Reduced-voltage starters may be omitted on any motor of a group installation provided that its starting current does not exceed the allowable starting current of the largest motor of the group.

4. A reduced-voltage starter may be omitted on any motor in a group installation provided that its starting current does not exceed three times the maximum demand in amperes of the entire installation.

E. PROTECTIVE DEVICE COORDINATION

Customer’s protective relays, fuses, circuit breakers and other protective devices must comply with the following requirements:

1. All Customer protective device operating times and circuit breaker trip element upper-bound trip times shall be a minimum of 0.25 seconds (15 cycles) less than the trip time of the Utility’s feeder protective relay settings for all current values between the Customer service entrance rating and the maximum available fault current.

2. All Customer fuse maximum fault -clearing times shall be a minimum of 0.30 seconds (18 cycles) less than the trip time of the utility feeder protective relay settings for all current values between the Customer service entrance rating a nd the maximum available fault current.

3. Three-phase service Customers shall submit protective device characteristics and/or relay calibration data to the Utility for approval prior to establishment of service.

F. INTERFERENCE WITH SERVICE

1. Custom ers who operate equipment that causes detrimental voltage fluctuations (including without limitation, hoists, welders, radio transmitters, X- ray apparatus, elevator motors, compressors, and furnaces) must reasonably limit such fluctuations upon request by the Utility. The Customer will be required to pay for whatever corrective measures are necessary.

2. In the case of arc furnace installations not in excess of 100 kVA single -phase, or 300 kVA three-phase, the Utility may furnish energy at 240 or 480 volts, providing the Customer permanently installs suitable equipment to limit secondary short- circuit current values to 300 Rule 2
City of Victorville Municipal Utility Services - Electric Service Rules, Regulations and Rate Schedules Rules and Regulations Only – Revised Effective August 1, 2022 – City Council Resolution 22-092

Page 13 ends

percent of full load value. In the case of arc furnace installation in excess of 100 kVA, single-phase, or 300 kVA three -phase, the Utility may require the Customer to provide, at his own expense, special furnace type transformers and reactors sufficient to limit secondary short-circuit current values to 300 percent of full load value. In such cases, the Utility shall furnish energy at standard voltages over 5,000 volts.

3. Any Customer who superimposes a current of any frequency upon any part of his electrical system, other than the current supplied by the Utility, shall at his own expense, prevent the transmission of such current beyond his electrical system.

G. POWER FACTOR

The Utility may require the Customer to provide, at his/her own expense, equipment to correct the Customer’s operating power factor to between 90 percent lagging and 90 percent leading.

H. WAVE FORM

The Utility may require that the wave form of current drawn by equipment of any kind be in conformity with good engineering practice.

I. ADDED FACILITIES

Added or Special F acilities are considered to be existing, enlarged, or new facilities installed and/or used by the Utility at the Customer’s request in addition to, as enlargements of, as alternate to, or in substitution for, the standard facilities that the Utility would normally install or use, and which represent additional costs to the Utility over normally installed facilities. Except where provided otherwise by R ate Schedule, installation of Added F acilities will be made, provided the type of Added Facilities requested is acceptable to the Utility and the Utility agrees to the installation of the Added Facilities, under the following conditions:

1. The Applicant for Added F acilities is also an Applicant for permanent electric service or is a Customer for permanent electric service at same location.

2. The Applicant/ Customer executes an Added Facilities C ontract (“AF Contract”) with Utility prior to the installation of the Added Facilities. In addition to providing for the payment of charges as determined under the appropriate schedule, the AF Contract will provide for one of the following conditions:

a. Prior to the Utility installing Added Facilities, the Applicant/Customer shall pay the Utility for the Added Facilities and the cost of the installation of such facilities. Thereafter, the Customer shall pay a monthly charge for the Added Facilities in an amount determined by the U tility based upon any maintenance as described in the AF Contract.

Page 14 ends

b. Prior to the Utility installing Added F acilities, the Applicant/Customer shall agree to pay a monthly charge to the Utility for the Added Facilities in the amount determined by the Utility based upon the added investment and maintenance of the facilities as described in the AF Contract.

3. In the event that the Added F acilities are abandoned prior to five years from the date service is first rendered from the Added F acilities, the Utility will charge the Applicant/Customer the balance owed on the cost of the installed Added Facilities, plus the cost of removal, less the estimated salvage of removable materials.

All monthly charges shall be reviewed and readjusted when changes occur in the Utility’s cost for providing such service.

J. METERING FACILITIES AS ADDED FACILITIES.

Metering Facilities that meet the definition of Added Facilities will be installed, owned, and maintained under the terms of and conditions of an AF Contract between the Utility and the Customer.

Rule 3
City of Victorville Municipal Utility Services - Electric Service Rules, Regulations and Rate Schedules Rules and Regulations Only – Revised Effective August 1, 2022 – City Council Resolution 22-092

Page 15 ends

Rule 3 – Application for Service

A. APPLICATION FOR SERVICE

Each Applicant for electric service may be required to sign an application on a form provided by the Utility and, upon request, will be required to furnish the following information:

1. Name of Applicant.

2. Date of application.

3. Location of Premises to be served.

4. Date applicant will be ready for service.

5. Purpose for which service is to be used.

6. Customer’s mailing address.

7. Whether applicant is owner or tenant of, or agent for the Premises.

8. Information to establish credit of applicant.

9. Information pertinent to the design, installation, maintenance or operation of facilities.

10. Such other information as the Utility may reasonably require.

The above information may be supplied by the Applicant either in writing or telephone if the Applicant’s signature is not required as specified in Rule 20.

Upon acceptance and approval of the application, the Utility agrees to furnish and the Applicant agrees to take electric service in accordance with the Utility’s applic able Rate Schedule and the Rules and Regulations set forth herein. These Rules, Regulations and Rate Schedules constitute the terms and conditions of the agreement between the Utility and the Applicant/Customer for electric service provided by the Utility, unless agreed otherwise in writing.

The Utility may disconnect or refuse to provide service to the Applicant if the conditions upon the Applicant’s Premises indicate that false, incomplete, or inaccurate information was provided to the Utility or the acts of the Applicant or anyone on the P remises creates an unsafe situation for the City’s employees. The Utility shall provide the Applicant the reason for such refusal.

B. INDIVIDUAL LIABILITY FOR JOINT SERVICE

Two or more persons who join in one application or contract for service shall be jointly and severally liable thereunder and shall be billed by means of a single periodic bill mailed to the person designated on the application to receive the bill.

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C. CHANGE IN CUSTOMER’S EQUIPMENT OR OPERATIONS

Customers shall give the Utility written notice of the extent and nature of any material change in the size, character, or extent of the utilizing equipment or operations for which the Utility is supplying service before making any such change.

D. SERVICE CONNECTION CHARGE

1. The Utility will charge a service connection charge for any service(s) established (connected) at any individual Premises.

2. The service connection charge provided for herein is in addition to the charges in accordance with the applicable Rate S chedule (see Appendix A) and may be charged each time an account is established. As used herein, “established” means each time an account is opened, including a turn on of electric service or a change of name that requires a meter reading.

3. In the event the Customer places a request for electric service to be established on a day when the maximum workload has been scheduled, an additional connection charge will be made.

4. The service connection charge is not applicable to Customers of the Utility to service rendered through submeters to tenants.

5. Rule 20 contains the above-referenced charges.

E. E- MAIL AS A MEANS OF CUSTOMER CONTACT

When a Customer provides an e-mail address to the Utility as a means of contact, the Utility may use such e -mail address to communicate with the C ustomer, absent instructions from the Customer to the contrary.

F. TELEPHONE AS A MEANS OF CUSTOMER CONTACT

When a customer provides a telephone number – mobile (i.e. cellular telephone) or landline - to the Utility as a means of contact, the Utility may use such telephone number to communicate with the Customer, absent instructions to the contrary. The Customer of record (i.e. the person in whose name service is rendered, as defined in Utility’s Rule 1, “Customer” definition) is presumed to be an authorized user of such telephone number, absent informatio n provided by the Customer to the contrary. By providing a mobile number, absent instructions to the contrary, the Customer expressly consents to receiving calls or text messages (texts) from the Utility to such mobile number, including through an automatic telephone dialing system and/or an artificial voice or prerecorded message, for:

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1. Emergency purposes, which includes without limitation calls or texts providing notice of and status updates on planned and unplanned outages, calls or texts providing 24 or 48 hours’ notice of credit or non- credit related service disconnections, and other types of calls or texts made necessary in any situation affecting the health and safety of consumers; and

2. Informational purposes, which includes without limitation calls or texts regarding credit or non-credit related service disconnections outside the 24 or 48 hour emergency window, non-emergency outage related calls or texts, calls or texts providing information on new rates, rate changes, available rate options, and service related account matters; and

3. The Utility will honor Customer requests to opt-out of receiving calls or texts from the Utility at such mobile number, except under certain emergency circumstances (at the Utility’s sole discretion) or as otherwise authorized under the Utility’s Tariffs.

Rule 4
City of Victorville Municipal Utility Services - Electric Service Rules, Regulations and Rate Schedules Rules and Regulations Only – Revised Effective August 1, 2022 – City Council Resolution 22-092

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Rule 4 - Contracts

A. WHEN SERVICE CONTRACTS ARE REQUIRED

Service contracts may be required by the Utility as a condition precedent to establishment of service:

1. Where required by provisions contained in the Tariff Schedules, in which case the terms and conditions of the Tariff Schedules and the service contract will both apply (with the terms and conditions of the service contract governing in the event of a conflict); or

2. Where it is necessary to install a Line Extension in excess of a normal installation, in which case a contract to take or pay for service for a period of three (3) years may be required; except, when Temporary Service is to be supplied under the provisions of Rule 13 . The contract to take or pay for service will cover the period of contemplated operations, but in no event longer than a period of three (3) years.

B. WHEN FACILITIES CONTRACTS ARE REQUIRED

1. A contract or agreement to pay for the use, construction, installation or removal of facilities (“Facilities Contract”) will be required:

a. Where the provisions of the Tariff Schedules or these Rules (including, without limitation Rules 2, 15 and 16) so specify, in which case the terms and conditions of the Tariff Schedules and the appropriate Facilities C ontract will both apply (with the term s and conditions of the Facilities Contract governing in the event of a conflict); or

b. Where any Applicant or Customer desires new or increased distribution facilities for Temporary Service, in which case the Utility may require such person to pay to the Utility, in advance or otherwise, the estimated installation cost, plus the estimated co st of removal, less the estimated salvage of the facilities necessary to provide and deliver service in accordance with provisions of Rule 13; or

c. Where a person, whether or not a Customer, desires to have the U tility modify, rearrange, relocate, or remove any of its facilities . The Utility, if it agrees to make such changes, shall require the person at whose request the changes are made, to pay, in advance or otherwise, the cost to the Utility of making the changes.

2. Prior to the commencement of any facilities construction, installation, removal, modification, rearrangement or relocation work (whether such work is to be performed by the Applicant, the Utility or both the Applicant and the Utility), all Applicant s/Customers shall be required to execute a Facilities Contract in the form provided by the Utility . Such Facilities Contracts will specify the costs, payment arrangements, division of labor and/or responsibilities, Rule 4
City of Victorville Municipal Utility Services - Electric Service Rules, Regulations and Rate Schedules Rules and Regulations Only – Revised Effective August 1, 2022 – City Council Resolution 22-092

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design requirements, equipment, conveyance of ownership of facilities, contractor qualifications, and such other terms and conditions as the Utility may require.

Rule 5
City of Victorville Municipal Utility Services - Electric Service Rules, Regulations and Rate Schedules Rules and Regulations Only – Revised Effective August 1, 2022 – City Council Resolution 22-092

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Rule 5 – Special Information Required on Forms

A. UTILITY BILL

The following statements will be printed on each utility bill:

1. “ Bill is due upon receipt.”

2. “PROCEDURES FOR PROCESSING PAYMENT OF DISPUTED UTILITY BILL

Should you have a question regarding this bill, please request an explanation from the Utility, within ten (10) business days after receiving the bill. Your request may be made by telephone (760-243-6340) or in writing (Customer Service Representative, Utility Services Department, P.O.

Box 5001, Victorville, CA 92353-5001). If after you receive the explanation from Customer Service (which explanation may be given in writing or by telephone depending on the manner in which the request was made ), you still believe you have been billed incorrectly, you have ten (10) business days from the date you receive the explanation from Customer Service to send your entire remittance (payable to the City of Victorville) with the bill and a written statement setting forth the reasons why you believe the bill is not correct to the Director or designee , City of Victorville, P.O. Box 5001, Victorville, California 92353 -5001, to avoid discontinuance of service.

Upon timely rec eipt of the written statement, the Director or designee will review the basis of the billed amount and communicate the results of the review and decision to you in writing. If the matter is not satisfactorily resolved by the Director or designee, you may request a review by the City Manager by sending a written statement to: City Manager, City of Victorville, P.O. Box 5001, Victorville, California 92393 -5001, within five days after receiving the decision of the Director or designee. Upon timely receipt of this written statement, the City Manager will make his determination and communicate said determination to you in writing. If you are not satisfied with the findings of the City Manager, you may appeal to the City Council using the procedure set forth in Section G of Rule 10. In the absence of a timely filed appeal, the decision of the Director or designee will be final.”
B. DISCONTINUANCE OF SERVICE NOTICE (48-Hour Final Notice)

The following statements will be printed on each discontinuance of service notice:

“If payment is not received by 5:00 p.m. on the date shown above, your service may be di
sconnected without further notice. Full payment of the bill, plus any reconnection charges, will be required prior to any restoration of services. A deposit may be required to reestablish your credit, whether or not service is disconnected for non-payment.”

“
Tampering with meter or unauthorized breaking of seal constitutes a misdemeanor.

Charges for equipment replacement must be paid in advance of restoring the service.”

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C. DEPOSIT RECEIPTS

Each receipt for a cash deposit to establish or reestablish credit for service will contain substantially the following statements:
“Upon discontinuance of service, the Utility will refund the C ustomer's deposit or the balance in excess of any unpaid bills. After the Customer has paid bills for electric service before becoming past due for twelve months, the Utility will refund the deposit by applying it to the customer's unpaid bills or by check. Endorsement of a refund check will constitute acknowledgement of receipt of refund and release the Utility from any further claims against the deposit covered by this receipt.”
D. RULE 20 CONTAINS THE ABOVE REFERENCED CHARGES.

Rule 6
City of Victorville Municipal Utility Services - Electric Service Rules, Regulations and Rate Schedules Rules and Regulations Only – Revised Effective August 1, 2022 – City Council Resolution 22-092

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Rule 6 – Establishment and Reestablishment of Service

A. ESTABLISHMENT OF CREDIT – ALL CLASSES OF SERVICE

Each Applicant for electric service will be required to satisfactorily establish credit, which will be deemed established upon qualifying under any one of the following:

1. If Applicant makes a cash deposit to secure payment of bills for service in the amount prescribed in Rule 7; or

2. If Applicant has been a Customer of the Utility for a similar type of service within the past two years, service was not disconnected due to non- payment or theft of service, any closing bill was paid within 30 days of the date of issuance, and the last twelve consecutive billing periods of that prior service reflected a credit rating of “Good” (no more than one Final Notice), provided that the periodic bill for such previous service was equal to at least 50 percent of that estimated for the new service and provided further, that the credit of the applicant is unimpaired in the opinion of the Utility; or

3. If Applicant furnishes an acceptable alternative to a cash deposit, namely a certificate of deposit, or an irrevocable standby letter of credit, in an amount equal to or greater than the required deposit; or

4. If Applicant’s credit is otherwise established to the satisfaction of the Utility.

B. RE-ESTABLISHMENT OF CREDIT – ALL CLASSES OF SERVICE

1. An Applicant who previously has been a Customer of the Utility and whose service has been discontinued by the Utility one or more times during the past twelve (12) billing periods of that prior service because of nonpayment of bills, may be required to reestablish credit by depositing the amounts prescribed in Rule 7 for that purpose.

2. An Applicant who previously has been a Customer of the Utility and who failed to pay its closing bill within 30 days of the Date of P resentation may be required to re -establish credit by depositing the amounts prescribed in Rule 7 for that purpose.

3. A Customer who fails to pay bills before they become past due as prescribed in Section B of Rule 11, and further fails to pay such bills by the date indicted on a disconti nuance of service notice for nonpayment of bills, may be required to pay said bills and re-establish credit by depositing the amount prescribed in Rule 7. This rule will apply regardless of whether or not service has been discontinued for such non-payment.

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4. A Customer may be required to re-establish credit in accordance with Section A of Rule 6 in case the conditions of service or basis on which credit was originally established have, in the opinion of the Utility, materially changed.

Rule 7
City of Victorville Municipal Utility Services - Electric Service Rules, Regulations and Rate Schedules Rules and Regulations Only – Revised Effective August 1, 2022 – City Council Resolution 22-092

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Rule 7 – Deposits

A. GENERAL

Deposits will be required when a Customer is otherwise unable to satisfactorily establish or re - establish credit as set forth in Rule 6.

B. AMOUNT OF DEPOSIT

The amount of deposit required to establish or re-establish credit for electric service is twice the maximum monthly bill as estimated by the Utility, but in no case shall the amount be less than the minimum deposit as set forth in Rule 20.

In the event that a Customer of the U tility has diverted electricity, a separate deposit shall be assessed. This deposit shall be twice the amount of the estimated loss to the Utility resulting from the diversion; but in no case shall the amount be less than the Minimum Diversion Deposit as set forth in Rule 20.

C. RETURN OF DEPOSIT

1. Upon discontinuance of service, the Utility will refund the Customer’s deposit or the balance in excess of the unpaid bills for service, except the City shall not be required to refund any advanced deposit balance where the cost to the City for processing such refund, which is herewith determined to be five dollars ($5.00) exceeds said advanced deposit balance.

2. After the Customer has paid bills for service for 12 months and has maintained a “Good” credit rating (no more than one Final Notice), or afte r 24 months and has maintained a Fair credit rating (no more than two Final Notices), or has an otherwise unimpaired credit rating the Utility will refund the deposit. If the Customer fails to meet the criteria for return of the deposit, the deposit will be held by the Utility until the Customer meets the criteria described above.

3. The Utility may return the deposit at any time upon request, provided the Customer’s credit may otherwise be established in accordance with Rule 6.

Rule 8
City of Victorville Municipal Utility Services - Electric Service Rules, Regulations and Rate Schedules Rules and Regulations Only – Revised Effective August 1, 2022 – City Council Resolution 22-092

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Rule 8 – Notices

A. NOTICES TO CUSTOMERS

When notices from the Utility to a Customer are required, they will normally be given in writing, either mailed or e-mailed to the address specified in the Customer’s application for service or to any address subsequently specified by the Customer or delivered to him or posted in the local newspaper of record, except that in emergencies, the Utility may give notices in the manner most suitable under the existing conditions (telephone, etc.)

Where electric service is provided through a master meter, the Utility shall make every good faith effort to inform the actual users of the electric services when the account is in arrears that service will be discontinued in fifteen (15) days. A 10-day notice stating that service shall be discontinued shall be posted at the Premises by the Utility not more than five (5) days after the 15-day notice of discontinuance is mailed to the Customer of record. These notices shall also inform the actual users that they have the right to pay the amount due on the account in order to maintain service without interruption.

B. NOTICES FROM CUSTOMERS

Notices from a Customer to the Utility may be given by written communication mailed to the Utility’s office, or may be given orally by the Customer or the Customer’s authorized agent at the Utility’s office except when written notice is specifically required in T ariff Schedules or in any written agreement.

Rule 9
City of Victorville Municipal Utility Services - Electric Service Rules, Regulations and Rate Schedules Rules and Regulations Only – Revised Effective August 1, 2022 – City Council Resolution 22-092

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Rule 9 – Rendering and Payment of Bills

A. RENDERING OF BILLS

1. Billing Period.

Bills for electric service will be rendered monthly or as otherwise provided in the Tariff Schedules.

2. Metered Service.

a. Bills for metered service will be based on meter registrations. Meters will be read remotely as required for the preparation of regular bills, opening bills and closing bills.

b. If for any reason (other than a remote-reading failure that is caused by the Utility) a manual meter read must be provided to a Customer in order to render a bill, the Customer shall pay a charge for that service.

c. If, because of unusual conditions or for reasons beyond the Utility’s control, the Utility is unable to read the meter on the scheduled reading date, the Utility may bill the Customer and/or those deriving the benefit of service, for estimated consumption during the billing period and make any necessary corrections when a reading is obtained.

Estimated consumption for this purpose will be calculated considering the Customer’s prior usage, the Utility’s experience with other Customers of the same general characteristics of the Customer’s operations. Adjustments for any underestimation or overestimation of a Customer’s consumption will be reflected on the first regularly scheduled bill rendered and based on an actual reading following any periods when estimation was required.

When a service start date can be reliably estimated, the undercharge can be computed back to that date, exclusive of Rule 17. Access to the meter, sufficient to permit its being read shall be provided by the Customer as a prerequisite to the Utility making any adjustment of consumption billed on an estimated basis.

3. Unmetered Service.

A flat rate may be applied upon request (in writing) where the applicant for service has a fixed connected load to be operated over a fixed number of hours during a billing period and where the following conditions are met:

a. Provision has been made to prevent any additional consumption on the service.

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b. The point of interconnection of the service is approved by the Utility.

c. Such service may be supplied under any appropriate Rate S chedule at the Utility’s Operating Convenience and all conditions of the Rate Schedule shall apply, including the Power Cost Adjustment.

4. Pro Rata Computation.

All bills for electric service rendered will be computed in accordance with the applicable T ariff Schedule, but for other than a monthly billing period, the amount of the Customer service demand or minimum charge, specified therein, will be prorated on the basis of the ratio of the number of days service has been rendered to the number of days in the month, unless otherwise provided in the Tariff Schedules.

5. Electronic Billing.

A bill prese ntment method that allows customers to receive and view bills electronically. All charges that would have appeared on the paper bill, along with all legal and mandated notices are provided with the electronic bill. However, all discontinuation of service notices are delivered separately in accordance with the provisions of Rule 8 and Rule 11.

B. READINGS OF SEPARATE METERS NOT COMBINED

For the purpose of billing, each meter upon the Customer’s premises will be considered separately and the readings of two, or more meters will not be combined, except as follows:

1. Where combinations of meter readings are specifically provided for in the Tariff Schedules.

2. Where the Utility’s Operating Convenience requires the use of more than one meter.

C. PAYMENT OF BILLS

1. All bills are due upon receipt, and are considered past due if not paid within nineteen (19) days of the Date of Presentation. Accepted methods of payment include checks sent via the U.S. Mail to the address on the payment stub: checks, money orders or cash paid at the City of Victorville, Finance Department, or any other means mutually agreeable to the Utility and the Customer.

2. Bills for connection or reconnection of service and payments for deposits or to reinstate deposits as required under the rules of the Utility shall be paid before service will be connected or reconnected.

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D. RETURNED CHECK CHARGE

The Utility may require payment of a returned check charge as contained in Rule 20.

E. FUND VERIFICATION FEE

A Fund Verification Fee may be charged to Customers paying by personal check if the Utility deems it necessary to verify that the Customer has sufficient funds in his/her account when: the Customer has been disconnected for non- payment of service or has a history of non-sufficient funds in his/her account.

F. LATE PAYMENT CHARGE

A late payment charge as contained in Rule 20 may be applied to the total unpaid balance of a Customer account if the Customer's payment is not received by the date indicated on the Customer account bill or summary bill.

G. RULE 20 CONTAINS THE ABOVE REFERENCED FEES AND CHARGES.

Rule 10
City of Victorville Municipal Utility Services - Electric Service Rules, Regulations and Rate Schedules Rules and Regulations Only – Revised Effective August 1, 2022 – City Council Resolution 22-092

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Rule 10 – Bil ling Discrepancies

A. Customers who feel that their bill is in error will first contact Customer Service by phone or in writing within ten (10) business days after receiving the bill to attempt to resolve the disputed bill. Failure to do so will authorize discontinuance of service in accordance with Rule 11.

B. If, after contact with Customer Service, the Customer believes the bill is still incorrect, the Customer must, within ten (10) business days after receiving the explanation from Customer Service, send his/her remittance for the entire amount of the disputed bill (payable to the City of Victorville) along with a written statement setting forth the reasons why the Customer believes the bill is incorrect to the Director or designee , P.O. Box 5001, Victorville, CA 92353 -5001. The explanation from Customer Service shall be provided in writing if the Customer makes a written inquiry and by phone if the Customer makes his/her bill inquiry by phone.

C. Failure of the Customer to file a written statement with the Director or designee within ten (10) business days after receipt of the explanation from Customer Service will constitute acceptance by the Customer of the bill as rendered, and authorize discontinuance of service in accordance with Rule 11.

D. Upon timely receipt of the written statement, the Director or designee will review the basis of the billed amount, and communicate the results of the review and decision to the Customer in writing.

E. If, before completion of the review by the Director or designee , additional bills become due that the Customer wishes to dispute, the Customer will not be required to file the dispute with Customer Service, as stated in Rule 10.A. above, but will be required to send his/her remittance (payable to the City of Victorville) for the entire amount of the additional bills disputed to the Director or designee and file additional written statements within ten (10) business days after receipt of such bills setting forth the reasons why the Customer believes the additional bills are incorrect. Failure to do so will authorize discontin uance of service in accordance with Rule 11.

F. If the billing dispute is not satisfactorily resolved with the Director or designee , the Customer may request a review by the City Manager by sending a written statement to: City Manager, City of Victorville, P.O. Box 5001, Victorville , California 9 2393-5001, within five (5) business days after receiving the written decision of the Director or designee . Upon timely receipt of this written statement, the City Mana ger will make his determination and communicate said determination to the Customer in writing.

G. If the Customer is not satisfied with the findings of the City Manager, the Customer may appeal to the City Council. The appeal must be submitted in writing to the Victorville City Clerk, together with the reasons for the dispute within ten (10) business days following mailing of the Rule 10
City of Victorville Municipal Utility Services - Electric Service Rules, Regulations and Rate Schedules Rules and Regulations Only – Revised Effective August 1, 2022 – City Council Resolution 22-092

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City Manager ’s determination. In the absence of a timely filed appea l, the City Manager ’s determination will be final. Upon receipt of a timely appeal, the matter will be reviewed by the City Council within 45 days of receipt. A written decision of the City Council shall be delivered to the Customer by personal delivery or certified mail within fifteen days following the appeal hearing.

Rule 11
City of Victorville Municipal Utility Services - Electric Service Rules, Regulations and Rate Schedules Rules and Regulations Only – Revised Effective August 1, 2022 – City Council Resolution 22-092

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Rule 11 – Discontinuance & Restoration of Service

A. PAST DUE BILLS

Bills rendered will be considered past due if not paid within nineteen (19) days after Date of Presentation.

B. DISCONTINUANCE OF SERVICE/SHUT OFF NOTICE

A Customer’s service may be discontinued for nonpayment of a bill for service previously rendered to such Customer at any location served by the Utility , if such bill is not paid within fifteen (15) days after a notice is em ailed to Customer advising that present service will be discontinued for nonpayment of such bill for prior service.

C. NONPAYMENT OF BILLS

1. When a bill for electric service has become past due and an overdue notice and final notice have been issued, service may be discontinued if the bill is not paid within the time required by such notice. A charge will be assessed if 48-hour notification is delivered.

2. Any Customer who contests a bill, and has initiated a complaint or requested an investigation within ten (10) business days of receiving said bill shall not have service discontinued for nonpayment during the pendency of an investigation by the Utility of such Customer’s dispute or complaint , provided the Customer also keeps current the account for electric services as charges accrue in each subsequent billing period. Services shall not be discontinued for nonpayment for any Customer complying with an amortization agreement (payment plan) entered into with the Utility , provided the Customer also keeps current the account for electric services as charges accrue in each subsequent billing period. If a Customer fails to comply with an amortization agreement, the Utility will give a seven-day ( 7-day) discontinuance of service notice before discontinuing services, but such notice shall not entitle the Customer to further investigation by the Utility.

3. If a Customer is receiving more than one service, any or all services may be discontinued when any service, regardless of location, is discontinued for nonpayment.

4. Under no circumstances may service be discontinued for nonpayment of a bill to correct previously billed incorrect charges for a period in excess of the preceding three months, unless such incorrect charges have resulted from the Customer not abiding by the T ariff Schedules.

5. Bills collected on the P remises by a field U tility representative shall include a collection fee which is contained in Rule 20.

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6. On any Saturday, Sunday, legal holiday recognized by the City, or at any time during which the business office of the City is not open to the public, service will not be discontinued by reason of delinquency in payment for electric services.

D. UNSAFE EQUIPMENT

The Utility may refuse or discontinue service to a Customer if any part of the Customer’s wiring or other equipment, or the use thereof, shall be determined by the U tility to be unsafe or in violation of applicable laws, ordinances, rules or regulations of public authorities, or if any condition existing upon the Customer’s P remises shall be thus determined to endanger the Utility’s service facilities, until it shall have been put in a safe condition or the violation remedied.

If there is an imminent service disconnection, the Utility may contact the Customer by telephone (including calls or text messages to mobile phones) under the emergency purpose provision described in Rule 3.F., or by e-mail when appropriate.

The Utility does not assume any responsibility of inspecting or repairing the Customer’s wiring or other equipment or any part thereof and assumes no liability therefore.

E. SERVICE DETRIMENTAL TO OTHER CUSTOMERS

The Utility will not provide service to utilizing equipment, the operation of which will be detrimental to the service of the Utility or its other Customers, and will discontinue electric service to any Customer who shall continue to operate such equipment after having been given notice by the Utility to cease so doing.

F. UNAUTHORIZED USE

The Utility may discontinue service if the acts of the Customer or the conditions upon the Customer’s Premises indicate intent to deny the Utility full compensation for services rendered, including, but not limited to, tampering or unauthorized use. Discontinuance of service for nonpayment of a bill for unauthorized use shall be in accordance with the provisions of Section

11.B of this Rule , “Discontinuance of Service/Shut Off Notice .” A fee will be collected for the investigation of acts of unauthorized use or tampering, as referenced in Rule 20.

G. FAILURE TO ESTABLISH OR RE-ESTABLISH CREDIT

If, for an Applicant’s convenience, the Utility should provide service before credit is established or should continue service to a Customer when credit has not been re-established in accordance with Rule 6, and the Customer fails to establish or re-establish credit, the Utility may discontinue service.

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H. NONCOMPLIANCE

Except as otherwise specifically provided in this Rule 11, the Utility may discontinue service to a Customer for noncompliance with Tariff Schedules, if, after written notice of at least five (5) days, the Customer has not complied with the notice. The Utility may dispense with the giving of such notice in the event there exists, in the Utility’s opinion, a dangerous condition thus rendering the immediate discontinuance of service to the premises imperative.

I. CUSTOMER’S REQUEST FOR SERVICE DISCONTINUANCE

When a Customer desires to terminate responsibility for service, the Customer shall give the Utility not less than two (2) days’ notice of this intention, state the date on which the Customer wishes the termination to become effective, and provide the Utility with the address to which the closing bill should be mailed. A Customer may be held responsible for all service furnished at the Premises until two (2) days after receipt of such notice by the Utility or until the date of termination specified in the notice, whichever date is later.

J. RESTORATION – RECONNECTION CHARGE (SERVICE CALL FEE)

The Utility will require payment of a reconnection charge for each incident in which the service(s) were disconnected before restoring service that has been disconnected for nonpayment of bills or for failure otherwise to comply with Tariff Schedules. If service(s) has been illegally restored or damaged due to tampering, the Customer must pay all damage charges prior to reconnection.

The Customer and/or beneficiary of service are responsible for all damage charges whether or not service is reconnected.

If the Customer requires service on a day when maximum workload has been scheduled, an additional charge will be made.

K. UNSAFE ENVIRONMENT

If the Customer or anyone on the premises inflicts Violence, as defined in Rule 1, or threatens with present ability to inflict Violence upon an employee of the Utility or its subcontractors, the Utility may discontinue service to a Customer after written notice of at least five (5) days. The discontinuance of service may be avoided if the Customer agrees to meet with the Director or designee and/or law enforcement and the Customer agrees to cease engaging in any act (s) of Violence.

L. RULE 20 CONTAINS THE ABOVE REFERENCED FEES AND CHARGES.

Rule 12
City of Victorville Municipal Utility Services - Electric Service Rules, Regulations and Rate Schedules Rules and Regulations Only – Revised Effective August 1, 2022 – City Council Resolution 22-092

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Rule 12 – Rates and Optional Rates

A. EFFECTIVE RATES

The rates charged by the Utility for electric service are those on file with the Utility, and legally in effect. A copy of the complete Tariff Schedules, as filed with the Utility, shall be maintained for public inspection on the Utility’s website.

B. OPTIONAL RATES

1. Where there are two or more R ate Schedules, rates, or optional provisions applicable to the class of service requested by the Applicant, the Utility or its authorized employees will call to Applicant’s attention, at the time application is made, the several schedules, and the Applicant must provide the estimated Billing Demand . When the Customer notifies the Utility of any material change in the size, character, or extent of his utilizing equipment or operations, in accordance with Section C of Rule 3, the Utility will, within a reasonable time, advise the Customer of the resulting rate. In the absence of the Notification provided for in Section C of Rule 3, the Utility assumes no responsibility for advising the Customer of lower optional rates under other existing schedules, rates, or optional provisions available as a result of the Customer’s changes in equipment or operations.

2. When an Applicant for new service has applied for service under a mutually agreed upon Rate S chedule, the Rate S chedule will remain in effect for a minimum of three (3) billing periods to determine the accuracy of the application of the rate.

C. NEW OR REVISED RATES

Should new or revised rates be established after the time application is made, the Utility will, within a reasonable time, use such means as may be practicable to bring them to the attention of those of its Customers who may be affected thereby.

D. CHANGE OF RATE SCHEDULE

1. A change to another applicable Rate Schedule, rate, or optional provisions will be made only or where, in the opinion of the Utility, another Rate Schedule is more applicable.

2. Should a Customer so elect, the Rate Schedule change will be made, provided:

a. A change has not been made effective during the past 12 -month period; or
b. The change is made to, or from, a new or revised Rate Schedule; or

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c. There has been a change in the Customer’s operating conditions for that service which, in the opinion of the Utility, justifies the change; and d. The change is not made more often than once in any twelve month ( 12 month) period where service is being supplied under a Rate Schedule containing an annual fixed charge or an annual minimum charge; and

e. The Customer has made the request by written notice to the Utility.

3. The change will become effective for the billing period during which the Customer has requested the change and is not subject to a retroactive adjustment except when such change is the result of a Utility error, in accordance with Rule 17 C.1.

E. POWER COST ADJUSTMENT FACTOR (PCAF)
The PCAF is a charge per kWh which is used to adjust the Utility’s electric rates for the actual cost of purchasing and generating electric power and energy to service the Utility ’s Customers, and minimizes fluctuations in rates.

The energy charge per kWh in each Rate Schedule recovers the costs of purchasing and delivering power and energy from all suppliers of power and energy, other suppliers, and the cost of power from the Utility’s owned generating resources.

The PCAF will reflect all changes in energy costs, including the following:

1. Changes in any component of the wholesale rate.

2. Changes in transmission and wheeling payments.

3. Changes in scheduling and dispatching payments.

4. Changes in contract incremental costs.

5. Changes in economy energy purchases.

6. Changes in take-or-pay obligations.

The PCAF as set forth in the Tariff Schedule shall be applied to kWh sold on and after the effective date, as also set forth below, and continuing thereafter until a new PCAF becomes effective. The amount to be added to or subtracted from each bill due to the PCAF shall be calculated by multiplying the number of kWh for which the bill is rendered by the applicable PCAF.

The PCAF, which may be either positive or negative, will be reviewed and revised quarterly to reflect actual changes in excess of a plus or minus ten percent (10%) of the amount stated in the energy charge included in the Tariff Schedule.

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The City Council shall have responsibility for establishing the PCAF and its effective date.

F. CHANGE OF LAW ADJUSTMENT FACTOR (CLAF)
Change in Law means any change, modification, revision , or adoption of : (1) any law, rule, regulation, order, writ, judgment, decree, resolution, ordinance, or other legal or regulatory determination by any court, regulatory agency or governmental authority of competent jurisdiction; or (2) any law, rule, regulation, order, writ, judgment, decree, resolution, ordinance, or other legal or regulatory determination, or interpretation thereof, which has been adopted, enacted, released or promulgated, which results in either partial or wholly new or different application of a pre-existing law. The CLAF is a charge or credit per kWh which is used to adjust the Utility ’s electric rates for the impact of Changes in Law that would materially change the Utility’s revenue or expenses.

The CLAF as set forth in the Tariff Schedule shall be applied to each kWh sold on and after the effective date, or also set forth below and continuing thereafter until a new CLAF becomes effective. The amount to be added to or subtracted from each bill due to the CLAF shall be calculated by multiplying the number of kWh for which the bill is rendered by the applicable CLAF.

The CLAF, which may be either positive or negative, will be reviewed and revised quarterly to reflect actual changes in excess of a plus or minus ten percent (10%) of the amount stated in the Tariff Schedule.

The City Council shall have the responsibility for establishing the CLAF and its effective date.

A. GREENHOUSE GAS (GHG) REBATE.

The California Global Warming Solutions Act of 2006, also known as Assembly Bill 32 (“AB 32”), d
irected the California Air Resources Board (CARB) to monitor and regulate sources of greenhouse gas (“GHG”) emissions in California. After several years of rulemaking activities, CARB adopted regulations to implement and modify the California Cap -and-Trade Program (“CARB Cap-and-Trade-Regulations”). To offset the additional cost of GHG emissions in electric generation, all Electric Distribution Utilities (“EDUs”) receive a free annual allocation of GHG Allowances. Each EDU is required to consign the GHG Allowances to CARB’s GHG Allowance auction and use the Allowance Value for the benefit of its Customers. Pursuant to CARB Cap-and- Trade-Regulations, customers that operate a facility primarily classified as either a manufacture or support airport activities under the North America Industry Classification System (“NAICS”), but are not designated as covered entities, are eligible to receive a GHG Rebate allocation listed on their bill. To receive the GHG Rebate, eligible customers are may be required to attest to their eligible NAICS classification. The GHG Rebate will be reviewed periodically to reflect the receipt of funds received from the GHG Allowance auction and determination of how these funds will be allocated to Customers.

H. I NTERCONNECTION
Rule 12
City of Victorville Municipal Utility Services - Electric Service Rules, Regulations and Rate Schedules Rules and Regulations Only – Revised Effective August 1, 2022 – City Council Resolution 22-092

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Unless otherwise stated in the R ate Schedule, the Rate Schedules of the Utility are applicable only for service supplied entirely by the Utility without interconnection with any other source of supply, except that interconnection may be double -throw switch where necessary to meet the minimum requirements for emergencies.

Rule 13
City of Victorville Municipal Utility Services - Electric Service Rules, Regulations and Rate Schedules Rules and Regulations Only – Revised Effective August 1, 2022 – City Council Resolution 22-092

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Rule 13 – Temporary Service

A. ESTABLISHMENT OF TEMPORARY SERVICE

If no undue hardship to its existing Customers will result there from, the Utility shall furnish Temporary Service under the following conditions:

1. The Applicant shall pay, in advance or otherwise required by the Utility, the estimated cost installed plus the estimated cost of removal, less the estimated salvage of the facilities necessary for furnishing service.

2. The Applicant shall establish credit as required by Rule 6, except that the amount of deposit prescribed in Rule 7 shall not exceed the estimated bill for the duration of service.

3. If service is requested to any structure not of a permanent construction with a foundation, or which can be classified as removable, such as trailers, billboards, sheds, signs, etc., they shall be determined to be temporary and applicable to the terms and conditions of the requirements above of this Rule.

4. Temporary se rvice for construction purposes shall be discontinued to the Applicant and removed if it is used for other than the intended purpose. With the Utility’s approval, a temporary service may be used for non -construction purposes when all applicable safety and construction codes are adhered to. If a non-utility approval power source is connected on the construction site, the Utility’s temporary service shall be discontinued. Service may be suspended without notice to the Applicant as required by Section B of Rule 14.

Rule 14
City of Victorville Municipal Utility Services - Electric Service Rules, Regulations and Rate Schedules Rules and Regulations Only – Revised Effective August 1, 2022 – City Council Resolution 22-092

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Rule 14 – Variations in the Quality or Supply of Electricity

A. QUALITY

The Utility does not give any warranty, express or implied, as to the quality, adequacy, safety, or other characteristics of the electricity and/or electric service provided by the Utility.

B. SHORTAGES, BROWNOUTS, INTERRUPTIONS, SPIKES, SURGES

1. The Utility will exercise reasonable diligence to furnish a continuous and sufficient supply of electricity to its Customers and minimize the occurrence of shortages, brownouts, interruptions, spikes, surges, or other electricity delivery problems; however , the Utility cannot and does not guarantee a continuous or sufficient supply, or freedom from such conditions which may affect the quality of the electricity provided.

2. The Utility will not be liable for variations in the quality of electricity supplied, nor for failure to supply a continuous or sufficient supply of electricity, nor will it be liable for variations in the quality of electricity supplied, nor for damage or loss occasioned by such failure to supply, or by shortages, brownouts, interrupti ons, spikes, surges, or other electricity delivery problems.

3. Whenever, in the operation of the Utility’s electric distribution properties, and/or systems, interruption in the delivery of electricity to Customers results from, or is occasioned by, causes other than the exercise by the Utility of its right to suspend temporarily the delivery of electricity for the purpose of making repairs or improvements to its system, notice of any such interruption will not be given to the Customers of the Utility, but the Utility will exercise reasonable diligence to reinstate delivery of electricity.

C. TEMPORARY SUSPENSION FOR REPAIRS

1. The Utility, whenever it shall find it necessary for the purpose of making repairs or improvements to its system, shall have the right to suspend temporarily the delivery of electricity. In all cases, as reasonable advance notice thereof as circumstances will permit will be given by Utility to the Customer, and the making of such repairs or improvements will be completed to the ex tent practicable and consistent with prudent utility practices will minimize the inconvenience to the Utility’s Customers.

2. When it is necessary to suspend temporarily the delivery of electricity for repairs or improvements to the system in accordance with Rule 14.C.1 above, and the Customer requests that such suspension of service occur at other than during normal Utility working hours, the Utility reserves the right to receive, in advance, the total estimated labor -related costs to be incurred by the Utility for performing the work during non- regular Utility work hours. The Customer shall also pay any additional cost actually incurred in excess of the estimated costs.

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D. APPORTIONMENT OF SUPPLY DURING TIME OF SHORTAGE

Should a shortage of supply ever occur, the Utility will apportion its available supply of electricity among its Customers as authorized or directed by the City Manager in the manner which he determines, at his discretion, to be equitable under conditions then prevailing. The decision of the City Manager shall be final in such matters.

Rule 15
City of Victorville Municipal Utility Services - Electric Service Rules, Regulations and Rate Schedules Rules and Regulations Only – Revised Effective August 1, 2022 – City Council Resolution 22-092

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Rule 15 – Line Extensions

A. GENERAL

The Utility is an underground utility; therefore, all new line extension s shall be underground, except in those areas where it is impractical to build underground lines, as determined by the Utility, and approved by the Director or designee.

Line extensions of standard voltages necessary to furnish permanent electric service to Applicants will be made by the Utility in accordance with the following provisions:

1. The Utility will be responsible for planning, reviewing, inspecting, energizing, installation of revenue meters and a pproving any design, and engineering Distribution Line Extensions using the Utility ’s standards for material, design, and construction. Applicant shall pay the Utility’s charges as set forth in the Facilities Contract for providing the planning, designing and engineering services.

2. The Distribution Line Extension facilities installed under the provisions of this Rule, shall be owned, operated, and maintained by the Utility.

3. The Utility shall not be required to serve any Applicant from Distribution Line Extension facilities that are not owned, operated, and maintained by the Utility.

4. The Utility shall not be required to connect service facilities to or serve any Applicant from Distribution Line Extension facilities that are not owned, operated, and maintained by the Utility.

5. Distribution Line Extension Locations.
a. The Utility wil l own, operate and maintain Distribution Line Extension facilities only along public streets, alleys, roads, highways and other publicly dedicated ways and places which the Utility has the legal right to occupy; and on public lands and private property across which rights-of-way and permits satisfactory to the Utility may be obtained without cost to or condemnation by the Utility.

b. The length and normal route of a Distribution Line Extension will be determined by the Utility and considered as the distance along the shortest, most practical, available, and acceptable route , which is clear of obstructions from the Utility ’s nearest permanent and available Distribution System to the point from which the service facilities will be connected.

6. Any Special or Added Facilities the Utility agrees in writing under an AF Contract to install at the request of Applicant will be installed at Applicant ’s expense in accordance with Rule 2.

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7. Facilities installed for Temporary Service or for operations of speculative character or questionable permanency shall be made in accordance with the fundamental installation and ownership provisions of this Rule and the provisions of Rule 13.

8. Service Extensions connected to the Distribution Lines to serve an Appli cant’s Premises will be installed, owned and maintained as provided in Rule 16.

9. Each Applicant requesting a Distribution Line Extension shall be required to execute a written Facilities Contract with Utility and pay Utility for all charges and fees specified therein, and for such other charges and fees as may be required by applicable provisions of the Tariff Schedules, prior to the Utility performing its work on the Distribution Line Extension.

B. INSTALLATION OF DISTRIBUTION LINE EXTENSIONS

1. In accordance with the Utility ’s design, specifications and other requirements, Applicant is responsible for:
a. Excavation. All necessary trenching, backfilling, compacting and furnishing of imported or suitable natur al backfill material as required and proper disposal of trench spoil as required and other digging as required;
b. Substructures, Conduits and facilities . Furnishing, installing, and upon inspection and acceptance by the Utility, conveying to the Utility ownership of all necessary installed Substructures, Conduits , cables, switches, transformers , pulls and service boxes, transformer pads, including Feeder Conduits and related Substructures and other distribution facilities required to extend to and within subdivisions and developments; and

c. Protective Structures. Furnishing, installing, and upon inspection and acceptance by the Utility, conveying to the Utility ownership of all necessary Protective Structures.

2. The Utility is responsible for:
a. P roviding inspection service to verify Applicant’s performance of the work specified in Subsections a through c of Section B.1 of this Rule; b. P roviding and installing revenue Meters and energizing services. c. Furnishing and installing cables, switches, transformers and other distribution facilities required to complete the Distribution Line Extension. Applicant shall bear the Utility’s costs of providing the inspection services, equipment and labor/installation specified in the preceding sentence.

3. Installation Options.

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a. Utility-Performed Work. Where requested by Applicant and mutually agreed upon in Facilities Contract, the Utility may perform that portion of the new Distribution Line Extension work normally installed by the Applicant, as set forth in Subsections a through c of Section B.1 of this Rule, provided Applicant pays the Utility its total estimated installed cost. b. Applicant-Performed Work. Where requested by Applicant and mutually agreed upon in a Facilities Contract, Applicant may install that portion of a new Distribution Line Extension normally installed by the Utility (see Section B.2 of this Rule), in accordance with the provisions of Section D of this Rule – Applicant Installation Options.

C. CONTRIBUTIONS OR PAYMENTS BY APPLICANT.

1. Contributions or P ayments by an Applicant to the Utility for the installation of a Distribution Line Extension to receive electric service consist of items such as cash payments, the value of facilities deeded to the Utility, and the value of Excavation performed by Applicant.

2. Project-Specific Cost Estimates. The Utility’s total estimated installed cost will be based on a project-specific cost estimate and set forth in the Facilities Contract executed by Applicant and Utility.

3. Applicant shall contribute or pay, before the start of the Utility’s construction, the following:
a. T he estimated value of all applicable items under section B.2 of this rule. b. Utility’s estimated value of Excavation, Conduits, and Protective Structures required by the Utility for the Distribution Line Extension under Subs ections a through c of Section B.1 of this Rule
c. After final design of the distribution facilities, the Utility wil l notify the Applicant of the estimated cost of any extra facilities or special requirements to be done at the Applicant’s request (e.g., Added Facilities). Extraordinary facilities or service provisions will be handled under Rule 2, Description of Electrical Service

4. The total Contribution or advance Payment from a group of Applicants will be apportioned among the members of the group in such manner as they may mutually agree.

5. If the loads provided by Applicant(s) result in the Utility having paid for and installed facilities, which are in excess of those needed to serve the actual loads and the Utility elects to reduce such excess facilities, the Applicant shall pay the Utility its estimated total costs to remove, abandon or replace the excess facilities, less the estimated salvage of any removed facilities.

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D. A PPLICANT INSTALLATION OPTIONS

1. T he Distribution Line Extension work normally performed by the Utility under Section B.2 of this Rule may be performed by the Applicant’s Qualified Contractor(s) (as defined below) in accordance with the Utility ’s design and specifications. Under this option, a fully- executed Facilities Contract is required prior to the commencement of any work. The Facilities Contract required under this option shall include, without limitation, the following provisions:
a. That upon inspection and acceptance by the Utility of the Applicant - Installed Distribution Line Extension facilities , ownership of all such facilities will transfer to the Utility.
b. That Applicant shall pay to the Utility all the Utility’s costs associated with the Distribution Line Extension, including the estimated costs of design, administration and installation of any Added Facilities and labor necessary to complete the Distribution Line Extension.
c. That Applicant shall pay to the Utility the cost of inspection. d. That only duly authorized employees of the Utility are allowed to connect to, disconnect from or perform any work upon the Utility’s facilities. e. That installation may only be performed by contractor s/subcontractors approved in advance by the Utility and that meet requirements, including without limitation to the following (“Qualified Contractor(s)”):
(1) Are currently licensed by the state of California for each type of type of contracting or other work to be performed;
(2) Employ or utilize workers properly qualified and possessing the specific skills required to perform the work;
(3) Perform work in c ompliance with all applicable laws , including without limitation, Equal Opportunity Regulations, OSHA and EPA; (4) Possess technical competence , access to proper equipment and demonstrate financial responsibility commensurate with the scope of the work to be performed under the Facilities Contract;

(5) Obtain or maintain adequate insurance coverage, including without limitation, worker’s compensation, liability and property damage; and

(6) Have the ability to furnish a surety bond for performance of the work, if required.

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2. Use of Qualified Contractor(s) will not constitute any warranty by the Utility, whether expressed or implied, regarding such Qualified Contractor(s) performance.

E. SPECIAL CONDITIONS

1. Any relocation or rearrangement of the Utility’s existing facilities, at the request of, or to meet the convenience o f an Applicant or Customer, which has been agreed to by the Utility, may be performed by the Utility at its option. In all instances, the Utility shall abandon or remove its existing facilities at the option of the Utility. Applicant/Customer shall be responsible for all costs associated with relocation, rearrangement and removal work performed by the Utility, and Applicant/Customer shall be required to enter into a Facilities Contract with Utility prior to the performance of any work by the Utility.

2. Exceptional Cases – In unusual circumstances, when the application of these R ules and Regulations appears impractical or unjust, or the circumstances are not expressly covered by these Rules and Regulations, the Applicant may refer the matter to the Director or designee for a special ruling or for the approval of special conditions. The special ruling or approval of special conditions will be agreed to in writing by the developer and the Utility prior to commencing construction and must comply with all standards for U tilities set forth by the National Electric Safety Code (NESC). If the matter is not satisfactorily resolved with the Director or designee, the developer may request a determination from the City Manager using the procedure set forth in Section F of Rule 10. If the matter is not satisfactorily resolved by the City Manager, the developer may seek appeal from the City Council using the procedure set forth in Section G of Rule 10.

Rule 16
City of Victorville Municipal Utility Services - Electric Service Rules, Regulations and Rate Schedules Rules and Regulations Only – Revised Effective August 1, 2022 – City Council Resolution 22-092

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Rule 16 – Service Extensions

This Rule is applicable to both (1) Utility Service Facilities (as further defined below) that extend from the Utility’s Distribution backbone Line facilities to the Service Delivery Point, and (2) service related equipment required of Applicant on Applicant’s Premises to receive electric service.

A. General

1. The Utility will be responsible for planning, reviewing and approving any design and engineering Service Extensions using the Utility ’s standards for material, design, and construction.

2. The Utility’s Service Facilities shall consist of primary or secondary underground conductors; service transformers ; Utility-owned Metering equipment; and Other Utility -owned service related equipment.

3. Service Facilities installed under the provisions of this Rule shall be owned, operated, and maintained by the Utility if they are located: (1) in the street, road or a public right- of-way area; (2) installed by the Utility under Section D.2, below, on the Applicant’s Premises for the purpose of delivering electric energy to the Applicant; or (3) installed by the Applicant under the provisions of this Rule and conveyed to the Utility.

4. The Utility shall not be required to connect S ervice Facilities to or serve any Applicant from electric facilities that are not owned, operated, and maintained by the Utility.

5. Any Special or Added Facilities the Utility agrees to inst all at the request of Applicant will be installed at the Applicant’s expense in accordance with Rule 2.

6. Facilities installed for Temporary Service or for operations of speculative character or questionable permanency shall be made in accordance with the fundamental installation and ownership provisions of this rule and the provisions of Rule 13.

7. Each Applicant requesting service may be required to execute a written Facilities Contract with the Utility and pay the Utility for all charges and fees specified therein and such other charges and fees as may be required by applicable provisions of the Tariff Schedules, prior to the Utility performing its work to establish service. The Facilities Contract shall be in the form provided by the Utility and shall specify the size of the service connection desired, the property to be served, and the purpose for which the electricity is to be used. The information supplied by the Applicant shall be considered as authoritative and final. I f any error in the application causes the installation of a service connection that is improper either in type, size or location, the cost of all changes required to correct the connection shall be paid by the Applicant.

8. Whenever the Utility’s Distribution backbone System is not complete to the point designated by the Utility where the S ervice Extension is to be connected to the Utility ’s Rule 16
City of Victorville Municipal Utility Services - Electric Service Rules, Regulations and Rate Schedules Rules and Regulations Only – Revised Effective August 1, 2022 – City Council Resolution 22-092

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Distribution backbone System, the extension of Distribution Line facilities will be installed in accordance with Rule 15.

9. Rights- of-way or easements may be required by the s ervice facilities on Applicant’s property to serve only Applicant.
a. If the service facilities must cross property owned by a third party to serve the Applicant, the Utility may, at its option, install such service facilities after appropriate rights- of-way or easements, satisfactory to the Utility, are obtained without cost to the Utility; or b. If the Utility’s facilities installed on the Applicant’s property, or third-party property, will be designed to serve adjacent property, then the Utility may, at its option, install its facilities under Rule 15, after appropriate rights -of-way or easements, satisfactory to the Utility, are obtained without cost to the Utility.
c. Any necessary rights -of-way or easements for the Utility ’s facilities shall have provisions to maintain legal clearances from adjacent structures. d. The Customer shall exercise reasonable care to prevent the facilities of the Utility upon the Premises from being damaged or destroyed and shall not relocate or otherwise interfere with them, and, if any defect is discovered, shall promptly notify the Utility.

10. The Utility shall, at all times, have the right to enter and leave the Applicant/Customer’s Premises for any purpose reas onably connected with the furnishing of electric service, including without limitation: Meter reading, inspection, testing, routine repairs, replacement, emergency work and repairs, maintenance, and the exercise of any and all rights secured to it by law, or under the Utility ’s Tariff Schedules. These rights include, but are not limited to:
a. The use of a Utility -approved locking device, if the Applicant desires to prevent unauthorized access to the Utility’s facilities; b. Safe and ready access for the Utility’s personnel that is free from unrestrained animals;
c. Unobstructed ready access for the Utility ’s vehicles and equipment to install, remove, repair, or maintain its facilities;
d. Removal of any and all of its property installed on the Applicant’s Premises after the termination of service.
e. Entry upon an Applicant /Customer’s Premises at any time, without advance notice, solely to address a utility service related emergency ( an a ctual or imminent condition or s ituation that jeopardizes the Utility’s Distribution System i ntegrity or poses a serious endangerment to life or property).

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Absent an emergency, when necessary and reasonably practicable, the Utility will make prior arrangements with and/or make good faith efforts to provide advance notice to the Applicant/Customer prior to gaining access to his/her Premises.

Failure of a Customer/Applicant to provide the Utility with access to its Premises for the purposes set forth in this Rule may result in discontinuance of electric service.

11. Only personnel duly authorized by the Utility are allowed to connect or disconnect service conductors to or from the Utility ’s Distribution Lines, remove Meters ( unless otherwise allowed pursuant to Utility Tariff Schedules), remove Utility-owned service facilities, or perform any work upon Utility-owned existing facilities.

12. Due to the long lead time for engineering, material acquisition, crew scheduling and construction, application for service must be made as fa r in advance as possible. After receipt of fees, service charges , deposits and clearance from the inspection agency having jurisdiction over the facilities, the Utility shall endeavor to complete within a reasonable time the installation of the necessary facilities. However, neither the Utility or the City, nor any of their respective subcontractors, agents and/or employees shall be liable for any special, incidental, indirect, exemplary, consequential or other damages, including without limitation, loss of product, loss of profit or revenue, loss of use, costs of replacement power or supply, or delivery obligations as a result of any delay in completing the installation , even if the Utility has been advised of the possibility of such damages.

13. If, for any reason caused or requested by the Applicant, installation of a service cannot be accomplished during standard working hours, the Applicant shall pay in advance the estimated cost of the Utility’s overtime, to the extent that it exceeds any costs included in other charges.

14. The Utility shall be obligated to provide facilities adequate to serve only the load initially specified by the Applicant and connected by the Utility, regardless of the rating of the service equipment, service switch or br eaker. Increased loads will be considered as new installations and the Customer shall pay the net cost of any changes required and may be required to make specified changes in the S ervice Facilities or equipment to accommodate the increased load or the type of service to be supplied by the Utility.

B. METERING FACILITIES

1. General.
a. Delivery of all electric power and energy will be metered, unless otherwise provided for by the Utility’s Tariff Schedules or by other applicable laws. b. All Meters and associated metering equipment shall be located at some protected location on the Applicant’s Premises that provides unfettered access to the Utility and said location shall be approved by the Utility prior to installation.

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2. Normally, only one Meter will be installed for a single non -residential enterprise on a single Premises, except:
a. When otherwise required or allowed under the Utility’s Tariff Schedules. b. At the option of and as determined by the Utility, for its Operating Convenience, consistent with its engineering design; or c. When required by law or local ordinance;
d. When additional services are granted by the Utility.

A single Meter is required for each S ingle Enterprise operating in one building or group of buildings or other development on a single Premises such as, but not limited to, a commercial business, school campus, industrial manufacturer or Recreational Vehicle Park, unless otherwise approved by the Utility.

3. In a building with two or more tenants, or where more than one Meter is furnished on the same Premises, the Meters normally shall be grouped at one central location, or as otherwise specified by the Utility, and each Meter position or socket shall be clearly and permanently marked by the Applicant, Cus tomer, or owner of the Premises to indicate the particular unit, occupancy, or load supplied by it.
a. E lectric service shall be individually metered to each tenant in a non - residential building or group of buildings or other development on a single Premises with multiple tenants or enterprises (such as, but not limited to, an office building or shopping center complex).

Alternative metering arrangements as determined by the Utility may be allowed only as specified in Rule 18 and applicable Rate Schedules.

4. All utility meters will be sealed by the Utility and no such seal shall be tampered with or broken except by an authorized representative of the Utility.

C. S ERVICE EXTENSIONS

1. The location of the service extension shall extend:
a. Public Right-of-way Area: From the point of connection at the Distribution Line to the Applicant’s nearest property line abutting upon any street, highway, road, or right-of- way, along which it already has, or will install distribution facilities; and b. Private Party: On private property, along the shortest, most practical and available route (clear of obstructions) as necessary to reach a Service Delivery Point designated by the Utility.

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2. The Utility will not normally provide more than one Service Exte nsion, including associated facilities, for any one building or group of buildings, for a Single Enterprise on a single Premises, except:
a. Where otherwise allowed or required under the Utility ’s Tariff Schedules; or
b. At the option of and as determined by the Utility, for its operating convenience, consistent with its engineering design for different voltage and phase classification, or when replacing an existing service; or
c. Where required by City ordinance or other applicable law, for such things as fire pumps, fire alarm systems, etc.
d. The Utility may charge for additional services provided under this Section, as Special or Added Facilities.

3. Installation of electric service facilities for all new services shall be underground and installed according to the Facilities Contract , applicable Tariff Schedules, laws, City ordinances, underground structure standards, and the Utility’s plans and specifications supplied for each specific installation.

4. Installation Options.
a. Utility-Performed Work. Where requested by the Applicant and mutually agreed upon in writing , in a Facilities Contract with the Utility; the Utility may perform that portion of the new Service Extension work normally installed by the Applicant according t o Subsections a through l of Section D.1 of this Rule, provided the Applicant pays the Utility its total estimated installed cost as set forth in the Facilities Contract. b. Applicant-Performed Work. Where requested by the Applicant and mutually agreed upon in writing in a Facilities Contract, the Applicant may install that portion of a new Service Extension normally installed by the Utility under Section D.2.a of this Rule in accordance with the provisions of Section F of this Rule – Applicant Installation Options.

D. RESPONSIBILITIES FOR NEW SERVICE EXTENSIONS

1. In accordance with the Utility’s approved design, specifications, and requirements for the installation of new Service Extensions, subject to the Utility’s inspection and approval and the terms and conditions of the Facilities Contract, the Applicant is responsible for:
a. Providing (or paying for) a route on any private property that is clear of obstructions, which would inhibit the construction of either underground or overhead S ervice Extensions.

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b. Performing all necessary trenching, backfilling and other digging as required, and obtaining all required permits and paying all associated permit fees. c. Conduit and Substructures as follows:
(1) Furnishing, installing, owning and maintaining all Conduits (including pull ropes) and Substructures on Applicant’s Premises. (2) Installing (or paying for) any Conduits and Substructures as necessary to install the service extension.
(3) Conveying ownership to the Utility upon its inspection and acceptance of those Conduits and Substructures not on the Applicant’s Premises. d. Furnishing, installing, owning and maintaining all necessary Protective Structures as specified by the Utility for the Utility’s facilities on Applicant’s Premises. e. Design and Operation. Applicant shall be solely responsible to plan, design, install, own, maintain and operate facilities and equipment beyond the Service Delivery Point (except for Utility -owned metering facilities) in order to properly receive and utilize the type of electric service available from the Utility. Refer to Rule 2 for a desc ription, among other things, of:
(1) Available service delivery voltages and the technical requirements and conditions to qualify for them;
(2) Customer utilization voltages;
(3) Load balancing requirements;
(4) Requirements for installing electrical protective devices; (5) Loads that may cause service interference to others; and (6) Motor starting limitations.
f. Applicant shall, at its sole liability, risk and expense, be responsible to furnish, install, own, maintain, inspect and keep in good and safe co ndition, all facilities of any kind or character on the Applicant’s Premises that are not the responsibility of the Utility, but are required by the Utility for the Applicant to receive service. Such facilities shall include , without limitation: underground termination equipment, Conduits, service entrance conductors from the Service Delivery Point to the location of the Utility ’s metering facilities , connectors, Meter sockets, Meter and instrument transformer housing , service switches , circuit breakers , fuses, relays, wire ways, metered conductors, and all other machinery and apparatus of any kind or character. Detailed information on the Utility ’s service equipment requirements will be furnished by the Utility.

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g. When, as determined by the Utility, the Applicant’s load is of sufficient size as to require coordination of response time characteristics between the Applicant’s electrical protective devices (circuit breakers, fuses, relays, etc.) and those of the Utility, it shall be the Applicant’s responsibility to provide such coordination in accordance with Rule 2. h. The Utility shall incur no liability , whatsoever, for any damage, loss or injury occasioned by:
(1) Applicant-owned equipment or the Applicant’s transm ission and delivery of energy; or
(2) The negligence, lack of proper care, or wrongful act of the Applicant or any of the Applicant’s agents, employees, contractor’s or licensees (including without limitation, failure to install proper protective devices) in installing, maintaining, using, operating or interfering with any such conductors, lines, machinery, or apparatus. i. Applicant shall provide a suitable means acceptable to the Utility for placing its seals on Meter rings and covers of service enclosures and instrument transformer enclosures which protect unmetered energized conductors installed by the Applicant. All Utility- owned Meters and enclosure covers will be sealed only by the Utility’s authorized employees and such seals shall be broken only by the Utility’s authorized employees. However, in an emergency, the Utility may allow a public authority or other appropriate party to break the seal. Any unauthorized tampering with the Utility-owned seals or connection of the Applicant-owned facilities to unmetered conductors at any time is prohibited and is subject to the provisions of Rule 11 for Unauthorized Use.
j. Transformer installations on the Applicant’s Premises shall be as specified by the Utility and in accordance with the following applicable provisions:
(1) Applicant shall provide space on the Applicant’s Premises at a location approved by the Utility for a standard transformer installation , including any necessary switches, capacitors and electric protective equipment where required if the Utility determines that the installation of a pad mounted, or subsurface transformer of any size is required on the Applicant’s Premises to serve only the Applicant.
(2) In the Utility ’s standard installation, the Applicant shall furnish, install, own, and maintain, at its expense, Substructures and any required Protective Structures as specified by the Utility for the proper installation of the transformer, switches, capacitors, etc., as determined by the Utility.
(3) Where the Applicant requests and the Utility approves the installation of the transformer(s) in a vault or room on Applicant ’s Premises, rather than the Utility’s standard pad mounted installation:

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(a) The room or vault on the Applicant’s Premises shall be furnished, installed, owned, and maintained by the Applicant and shall meet the Utility ’s specifications for such things as access, ventilation, drainage, grounding system, etc. (b) If space cannot be provided on the Applicant’s Premises for the installation of a transformer on either a pad or in a room or vault, a vault will be installed at the Applicant’s expense in the street near the property line. It shall be the Applicant’s responsibility to install (or pay for) such vault if not restricted by governmental authority having jurisdiction and the Applicant shall convey ownership of the vault to the Utility upon its acceptance. The additional facilities shall be treated as Special or Added Facilities under the provisions of Rule 2.
(4) Where the Utility has installed or agrees to install, transformers at locations where the Utility cannot use its standard transformer lifting equipment and special lifting facilities are required to install or remove the transformers on Applicant ’s Premises, the Applicant shall, at its expense, either furnish, install, own and maintain permanent lifting facilities and be responsible for lifting the transformer to and from its permanent position, or provide (or pay for) portable lifting facilities acceptable to the Utility for installing or removing the transformers. Rights -of-way and space provisions shall be provided by the Applicant, which allows access and required clearances from adjacent structures to be maintained. The Utility may require a separate contract for transformer lifting requirements. k. Building Code Requirements. Any service equipment and other related equipment owned by the Applicant, as well as any vault, room, enclosure or lifting facilities for the installation of transformers shall conform with applicable laws, codes and ordinances of all governmental authorities having jurisdiction.
l. Reasonable Care. The Applicant shall exercise reasonable care to prevent the Utility’s service extension, other Utility facilities, and Meters owned by the Utility or others on the Applicant’s Premises from being damaged or destroyed, and shall refrain from interfering with the Utility’s operation of the facilities and shall notify the Utility of any obvious defect. The Applicant may be required to provide and install suitable mechanical protecti on (barrier posts, etc.) as required by the Utility.

2. The Utility’s Responsibilities with respect to new Service Extensions are as follows:
a. The Utility will own and maintain the following s ervice facilities as applicable after the Applicant meets all requirements to receive service:
(1) A set of service conductors to supply permanent service from the Distribution Line source to the service delivery point approved by the Utility. (2) When the Meter is owned by the Utility, the Utility will be responsible for the necessary instrument transformers where required, test facilities, Meters, Rule 16
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associated metering equipment and the metering enclosures when the Utility elects to locate metering equipment at a point that is not accessible to the Applicant. (3) Transformer. The transformer where required, including any necessary switches, capacitors, electrical protective equipment, etc. When a pad mounted transformer is installed on the Applicant’s Premises, the s ervice extension shall include the primary conductors from the connection point at the distribution supply line to the transformer and the secondary conductors, if any, from the transformer to the service delivery point. b. Special Conduit Installations. The Utility shall own and maintain service Conduits only if they are located in the same trench with distribution facilities, and when it is necessary to locate Conduits on property other than that owned by the Applicant, as determined by the Utility, or as required by local authorities.
c. In those cases where the Utility elects to install its service conductors using pre-assembled cable -in-conduit (CIC), the conduit portion will be considered a part of the conductor installation provided by the Utility.
d. The Utility will establish electric service t o the Applicant following notice from the governmental authority having jurisdiction that the Applicant- owned facilities have been installed and inspected in accordance with any applicable laws, codes, ordinances, rules, or regulations and are safe to energize.

E. P AYMENT BY APPLICANT FOR NEW SERVICE EXTENSIONS.

Applicant is responsible to pay the Utility in advance of the Utility commencing its work for the Utility’s total estimated installed cost for new Service Extensions (including appurtenant facilities, such as connectors, service conductors, service transformers, metering equipment , and the conduit portion of CIC cable and any other work it performs) that is the Applicant’s responsibility or that the Utility performs for the convenience of the Applicant.

F. A PPLICANT INSTALLATION OPTIONS

1. New Service Extension work may be installed by the Applicant’s Qualified Contractor(s) (as defined in Rule 15) in accordance with the Utility ’s design and specifications.

Under this option, a fully executed Facilities Contract with the Utility is required prior to the commencement of any work, which the contract shall include, but not be limited to, the following provisions:
a. That upon inspec tion and acceptance by the Utility of the Applicant - Installed Service Extension facilities, ownership of all such facilities will transfer to the Utility. b. That Applicant shall pay to the Utility all Utility costs associated with the Service Extension, including the estimated costs of design, administration, and installation of any Added Facilities and labor necessary to complete the Service Extension.

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c. That Applicant shall pay to the Utility the cost of inspection. d. That only duly authorized employees of the Utility are allowed to connect to, disconnect from or perform any work upon the Utility’s facilities. e. That installation may only be performed by Qualified Contractor(s).

2. Use of Qualified Contractor(s) will not constitute any warranty by the Utility, whether express or implied, regarding such Qualified Contractor(s) performance.

G. E XISTING SERVICE FACILITIES

1. Service Reinforcement.
a. Utility Owned. When the Utility determines that its existing service facilities require replacement, the existing s ervice facilities shall be replaced as a new S ervice Extension under the provisions of this Rule.
b. Applicant-Owned. When the Utility determines that existing Applicant- owned service facilities (installed under a prior Rule) require replacement, such replacement shall be accomplished under the provisions for a new Service Extension, except if the Utility determines that any portion of the Applicant’s existing service conductors can be utilized by the Utility. The Applicant will convey any such usable part to the Utility and an appropriate credit by the Utility may be allowed to the Applicant.

The Applicant will replace or reinforce that portion of the service extension which Applicant will continue to own under the provisions of this rule for new services.

2. Service Relocation or Rearrangement.
a. When, in the judgment of the Utility, the relocation or rearrangement of a service, including Utility -owned transformers, is necessary for the maintenance of adequate service or for the operating convenience of the Utility, the Utility normally will perform such work at its own expense, except as provided in Sections G.2.b of this Rule. b. Any relocation or rearrangement of the Utility’s existing service facilities at the request of the Applicant (aesthetics, building additions, remodeling, etc.) and agreed upon by the Utility shall be performed in accordance with Section D above , except that the Applicant shall pay the Utility its total estimated costs and damages to the Utility’s facilities caused by others.
c. In all instances, the Utility shall abandon or remove its existing facilities, at the option of the Utility, rendered idle by the relocation or rearrangement.

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3. Impaired Access and Clearances.

Whenever the Utility determines that i ts existing service facilities have become inaccessible for the purposes of inspection, operation, maintenance, Meter reading or testing , or a hazardous condition exists, or any of the required clearances between the existing service facilities and any object becomes impaired in violation any applicable laws, ordinances, these Rules and Regulations, or the rules and regulations of other public authorities having jurisdiction, then the following applies:

The Applicant or owner shall, at the Applicant’s or owner’s expense, either correct the access or clearance infractions or pay the Utility its total estimated cost to relocate its facilities to a new location acceptable to the Utility. The Applicant or owner shall also be responsible for the expense to relocate any equipment that the Applicant owns and maintains.

Failure to comply with corrective measures within a reasonable time may result in discontinuance of service.

H. E XCEPTIONAL CASES
In unusual circumstances, when the application of these R ules appears impractical or unjust, or not expressly covered, the developer may refer the matter to the Director or designee for special ruling or for the approval of special conditions . The special ruling or approval of special conditions will be agreed to in writing by the developer and the Utility prior to commencing construction and must comply with all standards for utilities set forth by the National Electric Safety Code (NESC). If the matter is not satisfactorily resolved with the Director or designee, the developer may request a determination from the City Manager using the procedure set forth in Rule 10-F. If the matter is not satisfactorily resolved by the City Manager, the developer may seek appeal from the City Council using the procedure set forth in Rule 10-G.

I. SERVICE DESIGN AND ENGINEERING
Service designs, plans and estimates to determine service charges , or deposits will not be initiated by the Utility until it has reasonable assurance that the Applicant’s project will be b uilt.

This assurance is normally taken as the issuance of a building permit. Should the Applicant desire these service plans and the amount of charges at an earlier time, the Applicant may pay a deposit for early design as determined by the Utility. The design work will then be scheduled along with all other eligible Applicants. A deposit for early design will be credited to the cost of the design and installation of service or refunded as appropriate.

The cost of multiple designs to explore options or redesigns required by changes beyond the control of the Utility shall be paid by the Applicant.

J. RULE 20 CONTAINS THE ABOVE REFERENCED FEES AND CHARGES.

Rule 17
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Rule 17 – Meter Tests and Adjustment of Bills for Errors

A. G ENERAL
When regular, accurate Meter readings are not available or the electric usage has not been accurately measured, the Utility may estimate the Customer’s energy usage for billing purposes on the basis of information including, but not limited to, the physical condition of the metering equipment, available Meter readings, records of historical use and the general characteristics of the Customer’s load and operation.

B. TESTS

1. On Customer Request. The Customer may, on notice of not less than one week, request that the Utility test the Customer’s metered services.

2. No charge will be made for such test, but should the Customer request a test within four (4) months after installation or more often than once in six (6) months, a deposit will be required to cover the cost of the test. This deposit will be returned if the meter is found to register more than 2% fast or 2% slow. The amount of the deposit will be dependent on the type of Meter to be tested and is contained in Rule 20.

3. The Customer shall have the right to request that the Utility conduct the test in the Customer’s presence or in the presence of an expert or other representative appointed by the Customer. The results of the test will be furnished to the Customer within a reasonable time after completion of the test.

C. ADJUSTMENT OF BILLS FOR METER ERROR

A Meter Error is incorrect kilowatt -hour, kilovar-hour, or demand registration resulting from a malfunctioning or defective Meter. It does not include Billing Error, Unauthorized Use, or an error in registration caused by Meter tampering by an unauthorized person. It also does not include conditions such as grounds, shorts, incorrect Meter readings, Meter dial-overs, improper load wirin g (including other Customers ’ circuits connected to the wiring), accounting errors, switched Meters, improper Customer wiring, blown fuse in one energized conductor or incorrect Meter sizing.

When, as the result of a Meter test, a Meter is found to be non- registering or incorrectly registering, the Utility may render an adjusted bill to the Customer for the amount of the undercharge and shall issue a refund or credit to the Customer for the amount of the overcharge, computed back to the date that the Utility determines the Meter Error commenced, except that the period of adjustment shall not exceed three (3) years. Such adjusted bills shall be computed in accordance with the following:

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1. Fast Meters. When any Meter is tested and found to be registering more than two percent (2%) fast, the Utility will refund to the Customer the amount of the overcharge, based on corrected Meter readings or the Utility’s estimate of the energy usage either for the known period of the Meter Error, or if the period of error is not known, for the period during which the Meter was in use, not to exceed three (3) years.

2. Slow Meters. If a Meter is found to be registering more than two percent (2%) slow, the Utility may bill the Customer for the amount of the undercharge based on corrected Meter readings or the Utility’s estimate of the energy usage either for the known period of the Meter Error, or if the period of the Meter Error is not known for the period the Meter was in use, not exceeding three (3) years for all services.

3. Non-R egistering Meters. When any Meter is tested and found to be non- registering, the Utility may bill the Customer for the estimate of electricity consumed , but not registered, not to exceed three (3) years prior to the date the Meter is found to be non-registering for all service. Bills for this purpose will be estimated by the Utility.

D. A DJUSTMENT OF BILLS FOR BILLING ERROR
A Billing Error is an error by the Utility that results in incorrect billing charges to the Customer.

Billing Errors may include incorrect Meter reads or clerical errors by a Utility representative, such as applying the wrong rate, wrong billing factor , or an incorrect calculation. A Billing Error does not include a Meter Error or Unauthorized Use, nor any error in billing resulting from Meter dial over caused by other than the Utility; switched or mismarked Meters by other than the Utility; improper Customer wiring; blown fuse in one energized conductor; inaccessible Meter; failure of the Customer to notify the Utility of changes in the Customer’s equipment or operation; or failure of the Customer to take advantage of a rate or condition of service for which the Customer is eligible.

Where the Utility overcharges or undercharges the Customer as the result of a Billing Error, the Utility may render an adjusted bill for the amount of the undercharge, and shall issue a refund or credit to the Customer for the amount of the overcharge for the period of the billing error, but not exceeding three (3) years in the case of an overcharge, and, in the case of an undercharge, not exceeding three (3) years for all services.

E. A DJUSTMENT OF BILLS FOR UNAUTHORIZED USE
Unauthorized Use is the use of energy in noncompliance with the Utility’s tariffs or applicable law. It includes, but is not limited to , Meter tampering, unauthorized connection or reconnection, theft, fraud, intentional or unintentional use of energy , whereby the Utility is denied full compensation for electric service provided.

Where the Utility determines that there has been Unauthorized Use of electric service, the Utility may bill the Customer for the Utility’s estimate of such Unauthorized Use. However, such Rule 17
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estimated bill shall indicate Unauthorized Use for the most recent three (3) years and, separately, Unauthorized Use beyond the three-year period for collection as provided by law.

Nothing in this Rule shall be interpreted as limiting the Utility’s rights under any provision of any applicable law.

1. Actual Usage.

If accurate Meter readings from a remote check Meter are available for the Unauthorized Use period, they will be used for billing purposes.

2. Estimated Usage.

If the electric usage has not been accurately measured, the Utility may estimate the energy usage for billing purposes. The basis for the estimate may include, without limitation, the physical condition of the Metering equipment, available Meter readings, records of historical use, or the general characteristics of the load and operation of the Customer or person being billed, with consideration of any appropriate seasonal adjustment.

Estimated bills for the Unauthorized Use period may be determined by the Utility based on one or more of the following, without limitation:
a. Accurately-metered use from a remote check Meter during the Unauthorized Use period;
b. The known percentage error in metering attributable to the Unauthorized Use;
c. Accurately-metered use prior to the onset of the Unauthorized Use; d. The equipment and hours of operation of the Customer or person being billed;
e. Accurately measured, subsequent use of thirty (30) days or more (if available);
f. A nnual use profile of comparible Customers with similar Connected Load, Premises load profiles, hours or energy use, etc. (percent of annual use); or g. Other reasonable and supportable billing methodology when none of the aforementioned billing techniques are appropriate under the circumstances.

3. Recovery of Associated Costs.

The Utility may recover from the Customer the associated costs resulting from the Unauthorized Use, including both investigative and equipment damage costs. Investigative costs Rule 17
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include time and material spent for investigation, bookkeeping, film and film development, and other costs of gathering evidence. Equipment damage costs include the cost of replacing the Utility-owned equipment damaged by the Customer.

4. Discontinuance of Service.

In accordance with the provisions of Rule 11, where the Utility determines Unauthorized Use is occurring, the Utility may refuse or discontinue service without further notice.

If any part of the Customer’s wiring or any other equipment, or the use thereof, is determined by the Utility or any other authorized public agency to be unsafe or in violation of applicable laws, ordinances, rules or regulations of public authorities or is in such condition as to endanger the Utility service facilities, the Utility may discontinue service without further notice.

The Utility may also discontinue service in accordance with the provisions of its tariffs, for nonpayment of a delinquent billing for Unauthorized Use and for associated costs, including nonpayment under an amortization (payment plan) agreement.

F. Limitation on Adjustment of Bills for Energy Use.

For any error in billing not defined as Billing Error, Meter Error, or Unauthorized Use, the Utility is not required to adjust the bill. However, any billing adjustment not specifically covered in these Rules and Regulations for an undercharge or overcharge shall not extend beyond three (3) years prior to the date the billing error was discovered by the Utility.

Rule 18
City of Victorville Municipal Utility Services
Electric Service Rules, Regulations and Rate Schedules – Revised Effective August 1, 2022 – City Council Resolution 22-092

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Rule 18 – Supply to Premises and Resale

A. SEPARATE METERING

Separate Premises will not be supplied through the same meter, except as may be specifically provided for in the applicable Rate Schedule.

B. NONRESIDENTIAL LOADS
In accordance with Rule 16, electric service shall be individually metered to each tenant in a non- residential building or group of buildings or other commercial development on a single Premises with multiple tenants or enterprises. However, where, in the opinion of the Utility, it is impractical to meter each tenant individually or where the City Council has authorized the Utility to supply electric service through a single meter, the Utility may provide service through a single meter subject to the provisions of Sections D and E below.

C. OTHER USES OR PREMISES

The Customer shall not use electricity received from the Utility upon other premises, except for the Utility’s Operating C onvenience, nor for other purposes than those specified in the Applicant’s application or in the Rate Schedule applied.

D. CUSTOMER WITH MULTIPLE SERVICE ACCOUNTS/METERS AT A SINGLE PREMISES

When the Customer (Single Enterprise) occupies a single Premises with multiple service accounts and/or Meters, the readings of such Meters shall not be combined for billing purposes except as provided for in Rule 9. However, if the Customer physically aggregates the electric loads of such multiple service accounts and/or Meters into a single service account (master- Meter), the account will be provided service under an applicable Rate Schedule.

E. USE BY OTHERS

The Customer shall not charge for electricity received from the Utility and used by any other person, except where the charge to tenants is absorbed in the rental for the P remises or space occupied. All energy use, including use by others, supplied through a single Utility Meter is the responsibility of the Customer of record.

F. RESALE OF ELECTRICITY

Resale of electricity or sub-metering of electricity for the purpose of resale is prohibited, except as provided for under Section E, above.

Rule 19

City of Victorville Municipal Utility Services
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Rule 19 – Service Area

In January 2001, pursuant to Resolution No. 01 -11 adopted by the City Council, the City authorized and established the Utility as a new department of the City. As provided in Resolution No. 01 -11, the Utility has the power to provide various utility services to the residents and businesses of the City, including, without limitation, electric, gas, cable television, telephone, and telecommunications, as from time to time determined by the City Council. The Utility currently exercises only certain of its authorized functions relating to the provision of electric and gas services within the City to limited areas, consisting of the Souther n California Logistics Airport (SCLA) and the Foxborough Industrial Park.

Through the Utility, the City provides electric service for commercial and industrial customers at the SCLA and the Foxborough Industrial Park. New or expanded commercial or industrial electric service within these two geographical areas served by the Electric System are part of the exclusive service are a of the Utility. Electric service to all of the residents of the City and all businesses not located within the geographic areas served by the Utility as noted above is provided by Southern California Edison Company.

Rule 20
City of Victorville Municipal Utility Services
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Rule 20 – Utility Charges and Fees
Ap
plicability:

Ap
plicable to all classes of service as provided in accordance with these Rules and Regulations:

Rule Description Fee Amount
3 Service Connection Charge $29.00
3 Service Connection Fee – Additional $40.00
7 Minimum Deposit $100.00
7 Minimum Diversion Deposit $100.00
9 Returned Check Charge $6.00
9 Fund Verification Fee $3.50
9 Manual Meter Read Charge $80.00
9 Late Payment Charge of Unpaid Balance 0.6%
11 Collection Fee $7.00
11 Special 48-Hour Field Notification $10.00
11 Reconnection Charge- Service Call Fee $20.00
11 Reconnection Charge – Service Call Fee Same Day (After 4 p.m.) $40.00 11 Reconnection Charge – Underground Service or Poletop Time and Material 11 Investigation Charges $70.00 minimum
11 Damaged Steel Locking Ring $12.00
11 Damaged Aluminum Meter Ring $3.00
11 Replaced Damaged 1 Phase Meter $80.00
11 Replaced Damaged 1 Phase Meter – After Hours $120.00 11 Replaced Damaged 1 Phase Meter with Demand $215.00
11 Replaced Damaged 1 Phase Meter – with Demand, After Hours $255.00 21 Interconnection Application Fee $400.00
T
he following charges, fees, and bonds are to be assessed, as appropriate, on builders, developers, and Customers requiring the Utility’s services or relocations.

A. S

UBDIVISIONS

1. The Victorville Municipal Code requires developers to post Subdivision and Improvement Bonds for Public Improvements. The estimated cost for electrical underground utilities is: $4,500.00 per acre.

2. I
n addition to the above fees, the developer shall perform all necessary related work in accordance with Rule 15.

P
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Rule 20

3. If construction of the subdivision underground utility facilities has not begun within 12 months of the date of the fee payment, the fee shall be escalated by 10% and paid by the developer before construction proceeds.

4. This cost is reviewed and updated on an annual basis to reflect current expenses incurred by the Utility for installation of this type of underground facility.

B. COMMERCIAL/INDUSTRIAL SERVICE FEES
Applicants requesting new commercial/industrial service shall, at the time of application, enter into the appropriate written Facilities Contract with the Utility before start of construction which contract shall address any applicable fees or costs associated with installation of electric distribution and/or service facilities.

C. TEMPORARY POWER
Applicants requesting temporary e lectrical service must complete an application a nd pay any applicable deposits and fees as defined in Rules 13 and 20; prior to the start of construction.

D. STREET LIGHTING
It is the policy of the Utility that street lighting on private streets be installed in accordance with Southern California Logistics Airport standards. Street lighting on private streets shall be metered in accordance with the se Rules and Regulations a nd service requirements. If a private street is approved for dedication to the City as a public street, the streetlights shall be installed per City Standards and Specifications by the owner and the circuit r e-wired for City service prior to acceptance of dedication by the City.

E. REIMBURSEMENT FOR ACCESS REQUEST EVALUATION COSTS
The Utility shall charge a fee equal to all costs incurred to evaluate infrastructure access requests, including but not limited to direct City labor (plus a standard 15% overhead), contracted labor, materials, equipment rental and usage, and documentation costs. These fees shall be payable to disposition of any access request.

F. PLAN CHECK FEES
The Utility shall charge a fee equal to all costs incurred by Utility personnel in support of plan checking as required to evaluate the Electrical System for conflicts with any proposed new construction or modification of any existing structure or facility.

City of Victorville Municipal Utility Services - Electric Service Rules, Regulations and Rate Schedules Rules and Regulations Only – Revised Effective August 1, 2022 – City Council Resolution 22-092 City of Victorville Municipal Utility Services - Electric Service Rules, Regulations and Rate Schedules Rules and Regulations Only – Revised Effective August 1, 2022 – City Council Resolution 22-092 P
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Rule 20
G. ASSIGNMENT TRANSFER FEES
In the event that rights to any privately constructed facility are to be assigned to the City of Victorville, the assignment of rights under written agreement shall require prior approval by the City Council or its designee and shall be subject to a fee of three hundred dollars ($300.00) to cover the cost of processing the assignment.

H. COPIES OF RULES AND REGULATIONS/TARIFF PAGES
Copies of the Utility’s Rules and Regulations (including Tariff Pages) are on the City’s web site.

Rule 21
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Rule 21 – Generating Facility Interconnections
A. APPLICABILITY
T
his Rule describes the interconnection, operating and metering requirements for Generating Facilities to be connected to the Utility’s Distribution System. Subject to the requirements of this Rule, the Utility will allow the Interconnection of Generating Facilities with its Distribution System.

Definitions: Capitalized terms used in this Rule, and not defined in the Utility ’s other rules, shall have the meaning defined and shall only apply to this Rule and may not apply to the Utility’s other rules.

This Rule sets forth requirements and conditions for non-Utility-owned energy resource facilities where such energy resource may be connected in parallel operation with the Utility’s system. For purposes of this Rule, the interconnecting entity shall be designated as the Producer.

This Rule does not constitute an agreement or commitment to purchase or deliver the Producer’s power. The purchase or delivery of power and other services that the Producer may require are covered under separate agreements, if any. This Rule does not apply to E ligible Customer - Generators, except those subject to Net Energy Metering (NEM) and only to the extent set forth herein.

B. CONDITIONS

1. P
rior to parallel operation of its energy resource facility with the Utility's system, the Producer shall (a) submit an Interconnection Application Form and pay the Interconnection Application Fee , (b) execute an interconnection agreement with the Utility in the form most recently approved by the City Council ("Interconnection Agreement"), and (b) obtain the requisite City permits and authorizations for parallel operation.

2. At all times, the Producer shall design, site, construct, install, operate, and maintain its energy resource and interconnection facilities in compliance with the following:
a. Applicable Rates, Rules and Regulations;
b. The City’s local permitting requirements, as administered through the City's Planning & Building Department;
c. The Utility's current Generation Interconnection Standards and Guidelines (“GISG”); d. Applicable Federal Energy Regulatory Commission approved rules, tariffs, and regulations;
e. Any applicable federal, state, or local laws; and
f. Such other requirements contained in the Interconnection Agreement.

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3. The Utility has the right, but not the obligation, to review the design of the Producer’s energy resource and interconnection facilities and to inspect the Producer’s energy resource and interconnection facilities prior to the commencement of parallel operation with the Utility’s system. The Utility may require the Producer to make modifications, as necessary, to comply with the requirements of Section B.2 of this rule prior to commencement of operation.

4. The Producer shall operate and maintain its energy resource and interconnection facilities in accordance with prudent electrical practices and shall maintain compliance with all applicable federal, state, or local laws.

5. Where interconnection protective equipment is owned, operated and/or maintained by the Producer, the Producer shall be responsible for damages to the City and/or to others arising from Producer-owned equipment.

6. The Producer is solely responsible for providing protective equipment for all Producer facilities interconnected with the Utility’s system as provided in the GISG.

7. The Producer shall grant the City the right of ingress and egress to the energy resource and interconnection site to examine the site and applicable facilities for any purpose reasonably connected with this Rule No. 21. To the extent applicable to the City’s right to examine the Producer’s energy resource facility, the Producer shall clearly identify to the City any safety - related equipment and signage utilized by the Producer at this energy resource facility.

8. The Utility has the right to require the Producer to interrupt, disconnect, or reduce output from its energy resource facility as follows:
a. When necessary, in order to construct, install, maintain, repair, replace, remove, investigate, or inspect any of the Utility’s equipment or part of the Utility’s system; b. If the Utility determines in its sole discretion that curtailment, interruption, or reduction is necessary because of emergencies, forced or scheduled outages, force majeure, or compliance with prudent electrical practices;
c. When the Producer's energy resource facilities or their operation endanger City personnel, the Utility's system, or pose an immediate threat to any person, the environment, or any property; or
d. When the Producer fails to operate its energy resource facility in conformance with applicable federal, state, and local laws including the Rates, Rules and Regulations and the GISG.

The Utility may require the disconnection of the Producer's energy resource facility for as long as the conditions of (a) through (d) above exist. The Utility may, in its sole discretion, provide the Producer with reasonable notice of the possibility or actual interruption or reduction of energy resource output that may be required. The Utility shall not be required to provide written notice to the Producer when the Utility determines an emergency or unsafe operating condition exists related to the Producer's energy resource or interconnection facilities.

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C. DESIGN AND OPERATING REQUIREMENTS

1. The Producer shall design, site, construct, install, operate, and maintain its energy resource facility in such manner as to prevent or protect against adverse conditions to the Utility’s system including, but not limited to:
a. Conditions, as determined by the Utility, that can cause harm to persons, equipment damage, or electric service degradation.
b. Inadvertent and unwanted reenergizing of a utility deadline or bus. c. Interconnection while out of synchronization.
d. Overcurrent.
e. Utility system load imbalance.
f. Ground faults.
g. Generated alternating current frequency outside permitted safe limits. h. Voltage generated outside permitted limits.
i. Poor power factor.
j. Harmful wave forms.
k. Voltage flicker.
l. Unintended islanding, with the exception of designated protected loads that are disconnected from the Utility’s system for the purpose of emergency operation.

2. The necessary protective equipment (relays, switchgear, transformers, etc.) shall be provided by the Producer or by the City at the Producer's expense.

D. INTERCONNECTION FACILITIES AND COST RESPONSIBILITIES

1. Interconnection facilities include all required means and apparatus installed to interconnect the Producer's energy resource facility with the Utility’s system. Interconnection facilities may include, but are not limited to:
a. Connections, transformations, switching, communications, control, protective and safety equipment, accessible visual disconnects; and
b. Any necessary reinforcements and additions to the Utility’s system installed by the Utility at the Producer's expense.

2. Interconnection facilities installed on the Producer's side of the point of interconnection shall be owned, operated, and maintained by the Producer, except for those facilities owned and/or operated by the Utility.

3. Costs for initial design, engineering, testing or materials Rule 21
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Except as provided under applicable law, the Producer shall be responsible for all costs associated with interconnection facilities owned by the Producer. The Producer shall also be responsible for any costs reasonably incurred by the Utility in providing, operating, or maintaining interconnection facilities and any system upgrades and/or additions required solely for the interconnection of the Producer’s energy resource facility with the Utility's system.

The Producer shall pay the Utility’s reasonable costs to provide design, engineering, testing, equipment or materials at the request of the Producer. Such payment shall include, but not be limited to, the Utility's reasonable costs for labor, contracted labor, materials, and equipment incurred by the Utility in connection with this rule. The Producer shall make payment to the Utility prior to the Utility’s approval of the Producer's energy resource and interconnection facilities. At its option, the Utility may consider the service as a request for Added Facilities by the Producer.

The Utility may replace the Producer's interconnection facilities at the Producer's cost and expense whenever the Utility determines that such facilities have reached the end of their useful life, unless the Producer has terminated parallel operation of those facilities.

The Utility shall review the Producer’s plans as required to evaluate the effect of any proposed new construction or modification of any existing structure or facility upon the Utility's system.

The Utility shall charge its reasonable costs for the Producer’s plan reviews that require staff time or labor in excess of four (4) hours to complete.

4. An interconnection study shall take no more than three months to complete by the Utility.

The estimated cost of the interconnection study shall be provided to the Producer prior to commencement of the interconnection study.

E. METERING

1. For the purposes of monitoring the Producer’s operation, the Utility shall have the right to install meters and associated equipment at the Producer's expense.

2. The Producer shall provide, at no expense to the Utility, a suitable location for all meters and associated equipment.

F. ELIGIBLE CUSTOMER-GENERATORS

1. At its discretion, the Utility may determine that an NEM Eligible Customer-Generator is a Producer under this Rule No. 21. In the event of such determination, the Eligible Customer - Generator will be treated as a Producer under this Rule and must comply with all provisions of this Rule.

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2. Each NEM Eligible Customer -Generator, who is not subject to Section F.1 above, must comply with the Rates, Rules and Regulations and applicable provisions of the GISG.

G. DEFINITIONS
Eligible Customer -Generators: A residential customer, small commercial customer or commercial, industrial, or agricultural customer of an electric utility, who uses a renewable electrical generation facility, or a combination of those facilities, with a total capacity of not more than one megawatt, that is located on the customer's owned, leased, or rented premises, and is interconnected and operates in parallel with the electrical grid, and is intended primarily to offset part or all of the customer's own electrical requirements.

Generat ing Facility: A ll Generators, electrical wires, equipment, and other facilities owned or provided by Producer for the purpose of producing electric power.

Net Energy Metering: Metering for the receipt and delivery of electricity between the Generator and the Utility pursuant to Section 2827 of the Public Utilities Code.

Producer: The entity that executes an Interconnection Agreement with the Utility. The Producer may or may not own or operate the Generating Facility but is responsible for t he rights and obligations related to the Interconnection Agreement.

Item Number: 2
City Council / Board of Directors
Public Hearing(s)
Meeting of: September 6, 2022
Submitted By:

Scott Webb, City Planner

Subject:

A General Plan Amendment, Planned Unit Development, Site Plan and Tentative Tract Map with an Initial Study and Mitigated Negative Declaration to allow for the development of a mixed-use commercial and residential project on an approximately 34 acre site that includes approximately 230,632 square feet of commercial space and 376 multi-family residential units; and a request to reconfigure 18 parcels via a Tentative Tract Map on property located north of and abutting Bear Valley Road between Second Avenue and Third Avenue.

Recommendation:

That the Honorable City Council conduct a public hearing, receive testimony regarding the proposed project and take the following actions:
1) Adopt the attached Mitigated Negative Declaration with a Mitigation Monitoring and Reporting Program for the project;
2) Introduce Planned Unit Development Ordinance No. 2431 for adoption and first reading by title only;
3) Waive further reading in full of proposed Ordinance No. 2431; 4) Adopt Resolution No. 22-097, approving the General Plan Amendment to change property from a Commercial to Mixed Use land use;
5) Adopt Resolution No. 22-098, approving the Site Plan for the project; and 6) Adopt Resolution No. 22-099, approving the Tentative Tract Map for the project.

Fiscal Impact:

Development of the site will increase assessed property values as determined by the San Bernardino County Tax Collector, resulting in increased property taxes transferred to the City of Victorville. Additionally, the proposed commercial development will provide additional sales tax revenue to the City of Victorville. 2 7
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Background:

MJM Investment Company, LLC has proposed the development of a mixed-use project in order to convert existing commercial designated land to a Planned Unit Development and allow for a coordinated multi-family residential and commercial mixed-use development on the subject site. The project will provide a mixed-use development that includes 376 multi-family dwelling units comprised of 1, 2, and 3 bedroom apartments, as well as 230,632 sq. ft. of commercial space that will accommodate a mix of retail, restaurant, office and storage uses (Attachments E & F). The proposed “Victorville Connection” project also includes a Tentative Tract Map (Attachment G) to subdivide the underlying land into separate parcels and the entire project area will be unified by a Planned Unit Development zoning designation that will ensure site and building design, site access, pedestrian connections, parking, landscaping and other development standards are coordinated throughout the site. Inasmuch as the proposed General Plan Amendment and Zone Change to Planned Unit Development require review and approval by the City Council in accordance with California Government Code regulations, the remaining components of the project such as the Site Plan and Tentative Tract Map also require City Council review and approval pursuant to Section 16-2.05.010 of the Victorville Municipal Code.

Following a public hearing held at its August 10, 2022, meeting, the Planning Commission unanimously recommended City Council approval of the proposal and its various components by a vote of 5-0 (Attachment H).

Discussion:

General Plan Amendment
The proposed development includes the redesignation of approximately 34 acres of Commercial land identified in the Land Use Element of the General Plan from a Commercial to a Mixed Use land use, as depicted below.

This redesignation to Mixed Use will accommodate the inclusion of residential dwellings that are not permitted within the Commercial land use designation while still maintaining a commercial component. For reference, the Land Use Element of the General Plan defines the Mixed Use designation as “…intended to facilitate well integrated multi-family

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and commercial developments...” that permits a mix of residential and commercial development. Additionally, various polices within the Land Use and Housing Elements of the General Plan support the proposed change to Mixed Use as discussed in further in Planning Commission Staff Report (Attachment I - Planning Commission Staff Report).

Zone Change / Planned Unit Development
Pursuant to the Land Use Element of the General Plan as well as Section 16-3.09.010 of the Victorville Municipal Code (V.M.C.), the Mixed Use designation is required to obtain approval of a Planned Unit Development (PUD) in order to provide site specific development standards for the subject site. As proposed, Ordinance No. 2431 will allow for the approximately 34-acre site to be rezoned and Mixed Use, with an accompanying Planned Unit Development designation included that will provide site specific developments standards (e.g. building height, setbacks, required parking, etc.), as well as land use allowances (e.g. commercial, retail, office, self-storage, and multi-family residential) that will guide future development on-site (Attachment A). Additional components of the PUD include a phasing plan, alternative site designs, as well as a district plan that together will ensure orderly development on-site with appropriate separations and connections between residential and commercial development. The proposed district plan is shown below that indicates the location of the multi-family residential areas (“District 1”) and the commercial areas (“District 2) of the site.

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Site Plan
The Site Plan component of the proposed “Victorville Connection” development (Attachments E & F) is a required component of any PUD proposal in accordance with Section 16-3.16.040 of the V.M.C. Utilizing the standards outlined in the associated PUD, the Site Plan portion of the project provides final site designs, building designs, landscaping designs, etc. and is used as a point of reference during the Building Permit plan check process. As proposed, the Site Plan includes 376 multi-family dwelling units (apartments) at the northern half of the site as well as 230,632 sq. ft. of commercial space at the southern half of the site that will accommodate a mix of retail, restaurant, office and storage uses. Additionally, the Site Plan includes an alternative option that increases residential dwelling units to 428 while still maintaining commercial land uses along the site Bear valley Road frontage. Examples of the project’s building designs are provided below with both commercial and residential components including a coordinated architectural theme.

Commercial Example
Residential Example
Development on-site is proposed in six phases, with the majority of roadway improvements and driveways having been improved in conjunction with a previous entitlement on the subject site and minor adjustments made to conjunction with the project. The proposed project complies with the development standards and design guidelines outlined in the PUD, as well as other applicable V.M.C. standards including trash receptables throughout the site and pedestrian interconnectivity throughout the site.

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Tentative Tract Map
The proposed Tentative Tract Map (Attachment G) will subdivide the existing eighteen parcels into eighteen new parcels in order to provide lot dimensions and boundaries that reflect the current design. Given pre-existing site improvements such as water lines, sewer infrastructure, and street improvements, the Tentative Tract Map approach was proposed in lieu of multiple lot line adjustments in an effort clarify infrastructure ownership and dedication issues with a single action. All lots created by the Tentative Tract Map meet minimum size requirements of similar C-2 and R-4 Zone Districts with Conditions of Approval included to ensure reciprocal parking and access throughout the development.

Environmental Assessment
An Initial Study and Mitigated Negative Declaration (Attachment J) have been prepared for the project in accordance with Section 15070 of the California Environmental Quality Act (CEQA), and all of the proposed mitigation measures have been included within the proposed Site Plan Conditions of Approval (Conditions of Approval 39 - 56). Mitigation measures for air quality, biological resources, cultural and tribal cultural resources, geology and soils, greenhouse gas, hydrology and water, as well as transportation were included in the proposed Mitigated Negative Declaration that will ensure that any potential effects on the environment are considered less than significant. Comments on the subject environmental documents were received from the California Department of Fish and Wildlife (CDFW) as well as the Southwest Regional Council of Carpenters (SWRCC), which resulted in updated mitigation being included at the request of the CDFW.

Additionally, updated comments were received from the SWRCC on August 10, 2022 (Attachment K), noting their support for the proposed project and their previously noted project concerns being addressed in conjunction with a separate agreement with the project applicant.

Attachments:

Attachment A – Ordinance No. 2431 (Planned Unit Development) Attachment B – Resolution No. 22-097 (General Plan Amendment) Attachment C – Resolution No. 22-098 (Site Plan)
Attachment D – Resolution No. 22-099 (Tentative Tract Map) Attachment E – Site Plan Graphics
Attachment F – Commercial & Residential Elevations
Attachment G – Tentative Tract Map No. 20560
Attachment H – Planning Commission - Executive Summary, Excerpt Minutes & Planning Commission Resolution Nos. P-22-026 – P-22-029 Attachment I – Planning Commission - August 10, 2022, Agenda Item Attachment J – Initial Study & Mitigated Negative Declaration Attachment K– SWRCC Comments (Updated) - August 10, 2022 Attachment L – Aerial Image

CITY COUNCIL

ATTACHMENT A
Planned Unit Development
Ordinance No. 2431

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ORDINANCE NO. 2431

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE ADOPTING THE PLANNED UNIT DEVELOPMENT PORTION OF CASE NO.

PLAN21-00023; A PLANNED UNIT DEVELOPMENT TO ALLOW FOR A ZONE CHANGE TO REZONE APPROXIMATELY 34 ACRES OF GENERAL
COMMERCIAL (C-2) DESIGNATED LAND TO MIXED USE DESIGNATED

LAND, AND TO ALLOW FOR THE EXTABLISHMENT OF SITE SPECIFIC

DEVELOPMENT STANDARDS AND LAND USE ALLOWANCE IN

CONJUNCTION WITH A PLANNED UNIT DEVELOPMENT ON PROPERTY

LOCATED NORTH OF AND ABUTTING BEAR VALLEY ROAD BETWEEN

SECOND AVENUE AND THIRD AVENUE
WHEREAS, Pursuant to Article XI, Section 7 of the California Constitution, the City of Victorville (City”) is authorized to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and WHEREAS, Pursuant to Title 7, Division 1, Chapter 4, Article 2, Section 65850 of the Government Code of the State of California, the City may adopt by ordinance regulations affecting the use of buildings, structures and land, the location, height, bulk, number of stories and size of buildings, the size of lots, yards, courts and other open spaces, the percentage of a lot that may be occupied by a building or structure, the intensity of land use, and requirements for off-street parking and loading and building setback lines; and WHEREAS, Pursuant to Title 7, Division 1, Chapter 4, Article 2, Section 65850 of the Government Code of the State of California, the City has adopted Title 16, Chapter 3, Article 16, Section 16-3.16.010 of the Victorville Municipal Code, providing for the adoption by ordinance of specific regulations pertaining to buildings, structures and the uses of land as planned unit developments; and
WHEREAS, Pursuant to Section 16-3.16.040 of the Victorville Municipal Code, MJM Investment Company, LLC has initiated a Planned Unit Development request in order to allow for a mixed-use commercial and residential project that includes approximately 230,632 sq. ft. of commercial, retail, office, self-storage and restaurants on the southern half of the site and 376 multi-family residential units on the northern half of the site and calling for the adoption of a Planned Unit Development Amendment; and
WHEREAS, Pursuant to Title 7, Division I, Chapter 4, Article 2 of the Government Code of the State of California and Section 16-3.16.060 of the Victorville Municipal Code, a duly noticed Public Hearing was held on the 10 th day of August, 2022 to hear arguments for and against the project, and after hearing all verbal and written testimony offered, and after thoroughly reviewing and considering the project, the Planning Commission approved Resolution No. P-22-027, which recommended to the City Council the adoption of a Planned Unit Development specified in Planning Case No. PLAN21-00023 for certain property (the “Property”) located in the City of Victorville, County of San Bernardino, State of California hereinafter described as:

PARCELS 1 THROUGH 8 AND 10 THROUGH 19, INCLUSIVE, OF PARCEL MAP NO. 17603,

IN THE CITY OF VICTORVILLE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,

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AS SHOWN BY MAP ON FILE IN BOOK 230 PAGES 13 AND 14, OF PARCEL MAPS, RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA; and
WHEREAS, in accordance with the California Environmental Quality Act (CEQA), and the CEQA Guidelines, the City of Victorville Planning Department undertook and completed an Initial Study for the project, the result of which was the preparation and circulation of a Mitigated Negative Declaration; and
WHEREAS, the Initial Study, supporting documents, a Mitigated Negative Declaration, and comments from responsible agencies for the proposed Planned Unit Development were presented to the Planning Commission, and after review and consideration of the environmental information the Planning Commission found and the City Council concurs that the proposal will not have a significant effect on the environment with the inclusion of revised mitigation measures as recommended by the commenting responsible agencies; and WHEREAS, the Planning Commission found and the City Council concurs that the Mitigated Negative Declaration reflects the lead agency’s independent judgment and analysis; and WHEREAS, Pursuant to Section 16-3.16.050 of the Victorville Municipal Code, the Planning Commission has found and determined all of the following:
(1) that the location, design, and proposed uses are compatible with the existing uses in the vicinity due to the proposed Planned Unit Development providing a multi-family residential buffer between existing single-family residential abutting the site that does not currently exist, as well as the proposals maintenance of a commercial component along the site’s Bear Valley Road frontage in a manner consistent with existing commercial development in the vicinity; and
(2) that the total acreage needed for vehicular circulation has been reduced through efficient design of the site that includes a hierarchy of interior drive aisles and driveway entries, pedestrian interconnectivity between residential and commercial areas of the site that will reduce traffic, and pedestrian amenities and seating areas located through the Planned Unit Development that include pedestrian connections and will reduce automobile dependency; and
(3) that the proposed development will be well integrated into its setting without excessive earth moving, grading, or destruction of natural features due to the project’s location on a disturbed site previously cleared and graded, that includes existing infrastructure improvements, as well as the sites overall flat topography that will not require large grading operations to develop the site as proposed; and (4) that provisions are made within the planned unit development for both public and private open spaces, exceeding that required by the superseded district regulations; such as the inclusion of thirteen separate recreational amenities within the residential component such as a swimming pool and clubhouse, recreational equipment, and BBQ and seating areas, which exceeds the standard open space requirements of a typical R-4 (High Density Residential) zone district; and amenities within

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the commercial component such as a meditation garden to serve medical offices and outdoor seating areas to serve restaurant users that are not required by the C-2 (General Commercial) zone district; and (5) that the proposed planned unit development as a whole is unique, alternative, and superior to typical development that would otherwise be permitted at the subject site due to enhanced design standards, amenities, entry features, and the interconnectivity of the residential and commercial areas of the site that promote pedestrian activity; and (6) that the proposed planned unit development is consistent with and furthers the goals of the City’s adopted General Plan by promoting high quality development and high quality public spaces which are designed into the accompanying site plan and development standards outlined in the Planned Unit Development; and
WHEREAS, Pursuant to Section 16-3.16.060 of the Victorville Municipal Code, the Planning Commission has submitted information on the project and the minutes of the Planning Commission meetings to the City Council for consideration; and WHEREAS, Pursuant to Title 7, Division I, Chapter 4, Article 2 of the Government Code of the State of California and Section 16-3.16.070 of the Victorville Municipal Code, a duly noticed Public Hearing was held by the City Council on the 6 th day of September, 2022 to hear arguments for and against the project, and after hearing all verbal land written testimony offered, including the Planning Commission’s recommendation and minutes, and after thoroughly reviewing and considering the project, the City Council affirms the recommendation of the Planning Commission.

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

Section 1. Recitals
The recitals set forth above are true and correct and are hereby incorporated by this reference as if set forth in their entirety.

Section 2. Severability
The City Council declares that, should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Ordinance as hereby adopted shall remain in full force and effect.

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

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

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Section 5. Environmental Review
After review and consideration of the environmental information the City Council finds that the project will not have a significant effect on the environment with the inclusion of applicable mitigation measures, and therefore adopts the Mitigated Negative Declaration.

Section 6. Zoning
The zone classification is hereby redesignated to Mixed Use for the property described as:

PARCELS 1 THROUGH 8 AND 10 THROUGH 19, INCLUSIVE, OF PARCEL MAP NO. 17603,

IN THE CITY OF VICTORVILLE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 230 PAGES 13 AND 14, OF PARCEL MAPS, RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA;
Section 7. Planned Unit Development
The “Victorville Connection” Planned Unit Development (Case No. PLAN21-00023) on the hereinabove described Mixed Use zoned property comprised of a mixed-use commercial and residential project that includes approximately 230,632 sq. ft. of commercial, retail, office, self-storage and restaurants on the southern half of the site and 376 multi-family residential units on the northern half of the site shall be subject to the following development standards and land use allowances:

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CITY COUNCIL

ATTACHMENT B
General Plan Amendment
Resolution No. 22-097

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RESOLUTION NO. 22-097

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE ADOPTING THE GENERAL PLAN AMENDMENT PORTION OF CASE NO. PLAN21-00023; A GENERAL PLAN

AMENDMENT WITH AN INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION TO REDESIGNATE APPROXIMATELY 34 ACRES OF COMMERCIAL LAND IDENTIFIED IN THE

LAND USE ELEMENT OF THE GENERAL PLAN TO MIXED USE LAND ON PROPERTY

LOCATED NORTH OF AND ABUTTING BEAR VALLEY ROAD BETWEEN SECOND AVENUE

AND THIRD AVENUE
WHEREAS, an application has been received from MJM Investment Company, LLC regarding property in the City of Victorville, County of San Bernardino, State of California, particularly described as follows:

PARCELS 1 THROUGH 8 AND 10 THROUGH 19, INCLUSIVE, OF PARCEL MAP NO. 17603, IN

THE CITY OF VICTORVILLE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 230 PAGES 13 AND 14, OF PARCEL MAPS, RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA; and
WHEREAS, a public hearing was opened by the Planning Commission on the 8 th day of June 2022, and closed on the 10 th day of August 2022, pursuant to Title 7, Division I, Chapter 3, Article 6 of the Government Code, State of California, to hear arguments for and against the issue, who subsequently voted 5-0 in favor of recommending approval of the General Plan Amendment to the City Council; and
WHEREAS, a public hearing was duly held before the City Council of the City of Victorville on the 6 th day of September, 2022, Title 7, Division I, Chapter 3, Article 6 of the Government Code, State of California, and Section 16-2.05.010 of the Victorville Municipal Code for the purpose of taking public input relative to the General Plan Amendment; and WHEREAS, in accordance with the California Environmental Quality Act (CEQA), and the CEQA Guidelines, the City of Victorville Planning Department undertook and completed an Initial Study for the project, the result of which was the preparation and circulation of a Mitigated Negative Declaration; and
Resolution No. 22-097 September 6, 2022

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WHEREAS, the Initial Study, supporting documents, a Mitigated Negative Declaration, and comments from responsible agencies for the proposed General Plan Amendment were presented to the Planning Commission, and after review and consideration of the environmental information the Planning Commission found and the City Council concurs that the proposal will not have a significant effect on the environment with the inclusion of revised mitigation measures as recommended by the commenting responsible agencies; and WHEREAS, the Planning Commission found and the City Council concurs that the Mitigated Negative Declaration reflects the lead agency’s independent judgment and analysis; and
WHEREAS, the City Council finds that all materials that constitute the record of proceedings upon which its decision is based, shall be located with the City of Victorville Clerk, located at 14343 Civic Drive, Victorville, CA; and
WHEREAS, the Planning Commission found and the City Council concurs that the proposed General Plan Amendment is consistent with the goals, policies, and objectives of the General Plan as it encourages the development of a variety of residential densities as outlined by Land Use Element Policy 1.1.4; and
WHEREAS, the Planning Commission found and the City Council concurs that the proposed General Plan Amendment ensures that the proposed development is compatible with existing developments and public infrastructure as outlined in Land Use Element Policy

1.2.3: by providing the opportunity for residential buffers between existing single-family residences and commercial development; and by utilizing and completing water and sewer infrastructure that was previously installed; and
WHEREAS, the Planning Commission found and the City Council concurs that changing the General Plan Designation to Mixed Use does not affect the integrity of the neighborhood and it will not be detrimental to the public health, safety, or welfare or materially injurious to uses, properties or improvements in the vicinity given the required residential Resolution No. 22-097 September 6, 2022

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component of the Mixed Use designation that will provide a multi-family residential buffer between commercial development and existing single-family development that currently does not exist; and
WHEREAS, the Planning Commission found and the City Council concurs that the change to Mixed Use will further the City’s ability to meet the Regional Housing Needs Assessment (RHNA) goals by increasing the number and variety of dwelling units possible within the City; and
WHEREAS, the Planning Commission found and the City Council concurs that the subject site has been previously identified in conjunction with public workshops for a future General Plan update as a candidate for a conversion to mixed-use that includes a multi-family residential component as outlined by Housing Element Policies A.3 and P.1; and WHEREAS, the Planning Commission found and the City Council concurs that the loss of approximately 34 acres of commercial zoning will not impact the City’s ability to provide adequate retail commercial areas given the requirement for mixed use projects to include commercial components as outlined by Title 16 of the Victorville Municipal Code as well as changing land use patterns that have shifted away from large scale commercial shopping centers; and
WHEREAS, after hearing all verbal and written testimony offered, including the Planning Commission’s recommendation and minutes, and after thoroughly reviewing and considering the proposal, the City Council, in the exercise of its discretion as the final legislative and adjudicatory body of the City, pursuant to Title 7, Division I, Chapter 3, Article 6 of the Government Code of the State of California and Section 16-2.05.010 of the Victorville Municipal Code, based on substantial evidence in the record, votes to approve the General Plan Amendment portion of Case No. PLAN21-00023.

Resolution No. 22-097 September 6, 2022

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

Section 1. Recitals
The recitals set forth above are true and correct and are hereby incorporated by this reference as if set forth in their entirety.

Section 2. Severability
The City Council declares that, should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.

Section 3. Effective Date
This Resolution shall take effect in conjunction with the effective date of City of Victorville Ordinance No. 2431.

Section 6. General Plan Land Use Designation
The land use designation within the Land Use Element of the General Plan is hereby redesignated to Mixed Use for the property described as:

PARCELS 1 THROUGH 8 AND 10 THROUGH 19, INCLUSIVE, OF PARCEL MAP NO. 17603,

IN THE CITY OF VICTORVILLE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 230 PAGES 13 AND 14, OF PARCEL MAPS, RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA.

CITY COUNCIL

ATTACHMENT C
Site Plan
Resolution No. 22-098

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RESOLUTION NO. P-22-098

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE ADOPTING THE SITE PLAN PORTION OF CASE NO. PLAN21-00023; A SITE PLAN WITH AN INITIAL STUDY

AND MITIGATED NEGATIVE DECLARATION TO ALLOW FOR THE DEVELOPMENT OF A

MIXED-USE COMMERCIAL AND RESIDENTIAL PROJECT THAT INCLUDES APPROXIMATELY 230,632 SQ. FT. OF COMMERCIAL, RETAIL, OFFICE, SELF-STORAGE AND RESTAURANTS ON THE SOUTHERN HALF OF THE SITE AND 376 MULTI-FAMILY

RESIDENTIAL UNITS ON THE NORTHERN HALF OF THE SITE ON PROPERTY TO BE

ZONED MIXED USE WITH A PLANNED UNIT DEVELOPMENT ON PROPERTY LOCATED

NORTH OF AND ABUTTING BEAR VALLEY ROAD BETWEEN SECOND AVENUE AND

THIRD AVENUE
WHEREAS, an application has been received from MJM Investment Company, LLC regarding property in the City of Victorville, County of San Bernardino, State of California, particularly described as follows:

PARCELS 1 THROUGH 8 AND 10 THROUGH 19, INCLUSIVE, OF PARCEL MAP NO. 17603, IN

THE CITY OF VICTORVILLE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 230 PAGES 13 AND 14, OF PARCEL MAPS, RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA; and
WHEREAS, a public hearing was opened by the Planning Commission on the 8 th day of June 2022, and closed on the 10 th day of August 2022, pursuant to Title 7, Division I, Chapter 4, of the Government Code, State of California, to hear arguments for and against the issue, who subsequently voted 5-0 in favor of recommending approval of the Site Plan to the City Council; and
WHEREAS, a public hearing was duly held before the City Council of the City of Victorville on the 6 th day of September, 2022, pursuant to Title 7, Division I, Chapter 4, of the Government Code, State of California, and Section 16-2.05.010 of the Victorville Municipal Code for the purpose of taking public input relative to the Site Plan; and WHEREAS, in accordance with the California Environmental Quality Act (CEQA), and the CEQA Guidelines, the City of Victorville Planning Department undertook and completed Resolution No. 22-098 September 6, 2022

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an Initial Study for the project, the result of which was the preparation and circulation of a Mitigated Negative Declaration; and
WHEREAS, the Initial Study, supporting documents, a Mitigated Negative Declaration, and comments from responsible agencies for the proposed Site Plan were presented to the Planning Commission, and after review and consideration of the environmental information the Planning Commission found and the City Council concurs that the proposal will not have a significant effect on the environment with the inclusion of revised mitigation measures as recommended by the commenting responsible agencies; and WHEREAS, the Planning Commission found and the City Council concurs that the Mitigated Negative Declaration reflects the lead agency’s independent judgment and analysis; and
WHEREAS, the City Council finds that all materials that constitute the record of proceedings upon which its decision is based, shall be located with the City of Victorville Clerk, located at 14343 Civic Drive, Victorville, CA; and
WHEREAS, the Planning Commission found and the City Council concurs that the site is adequate in size to accommodate the proposed use along with adequate development standards to ensure land use compatibility due to: the projects inclusion of adequate buffers and setbacks to reduce impacts to neighboring single-family residential development; the projects conformance with applicable standards of Title 16 of the Victorville Municipal Code and the underlying Planned Unit Development including sufficient access and on-site circulation capacity, setbacks, building height limitations, and landscaping; the projects proposed site improvements such as off-street parking, refuse collection, recreational amenities, and landscaping; as well as sites location along Super Arterial (Bear Valley Road and Amethyst Road) and Arterial (Second and Third Avenues) Roadways; and WHEREAS, the Planning Commission found and the City Council concurs that the proposed use does not meet the suspension allowances provided by Planning Commission Resolution No. 22-098 September 6, 2022

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Policy PCP-09-001, Section 9.32.050 of the Victorville Municipal Code, or Section 16-5.12.190 of the Victorville Municipal Code for any unfinished right-of-way improvements or location of utilities underground, and that the suspension of any unfinished improvements or location of utilities underground may adversely affect the public’s health, safety and welfare; and therefore recommends that the City Council require the construction of any unfinished right-of-way improvements and the location of utilities underground as required by the Victorville Municipal Code and conditions of approval contained within this resolution; and WHEREAS, the Planning Commission found and the City Council concurs that the proposed site plan satisfies the Site Plan Review criteria, pursuant to Section 16-3.01.030(a) of the Victorville Municipal Code because the project follows the existing contours of the site and does not create artificial slopes or introduce buildings with views that would impact or reduce the privacy of neighboring residents given the setbacks and buffers proposed; and WHEREAS, the Planning Commission found and the City Council concurs that the proposed site plan satisfies the Site Plan Review criteria, pursuant to Section 16-3.01.030(b) of the Victorville Municipal Code because: the project will include a unified modern design theme throughout the residential and commercial areas with screened loading areas and refuse collection, the inclusion of complete roadway improvements that will aid in traffic congestion and improve upon existing development and circulation in the vicinity, and the additional of a residential buffer between commercial development and existing single-family residences that does not currently exist along with increased setbacks from these areas to ensure privacy; and WHEREAS, the Planning Commission found and the City Council concurs that the proposed site plan satisfies the Site Plan Review criteria, pursuant to Section 16-3.01.030(c) of the Victorville Municipal Code because the proposal will ensure minimum disruption to surrounding uses since as the project site is bound on all sides by public rights-of-way and large overhead utility line easements, and because the developed residential sites to the north and west of the project site are adequately buffered/screened with the inclusion of landscaping and enhanced setbacks Resolution No. 22-098 September 6, 2022

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while the developed properties to the east are primarily institutional/office in nature with similar impacts to surrounding properties; and
WHEREAS, the Planning Commission found and the City Council concurs that the proposed site plan satisfies the Site Plan Review criteria, pursuant to Section 16-3.01.030(d) & (e) of the Victorville Municipal Code because the development is in general compliance with: the applicable development standards, regulations and requirements of Title 16 of the Victorville Municipal Code; the applicable standards of the Commercial and Multi-Family Design Guidelines; as well as the site specific Planned Unit Development standards including setbacks, building height, parking, landscaping, site design, site access, and refuse collection; and WHEREAS, after hearing all verbal and written testimony offered, including the Planning Commission’s recommendation and minutes, and after thoroughly reviewing and considering the proposal, the City Council, in the exercise of its discretion as the final legislative and adjudicatory body of the City, pursuant to Title 7, Division I, Chapter 4, of the Government Code of the State of California and Sections 16-2.05.010 & 16-3.01.060 of the Victorville Municipal Code, based on substantial evidence in the record, votes to approve the Site Plan portion of Case No. PLAN21-00023.

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

Section 1. Recitals
The recitals set forth above are true and correct and are hereby incorporated by this reference as if set forth in their entirety.

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sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.

Section 3. Effective Date
This Resolution shall take effect in conjunction with the effective date of City of Victorville Ordinance No. 2431.

Section 6. Conditions of Approval
The development project approved by this resolution shall be subject to the following Conditions of Approval:

Planning Conditions:

1. This approval allows for the development of a mixed-use project that includes approximately 230,000 sq. ft. of commercial, retail, office, self-storage and restaurants as well as 376 multi- family residential units as associated improvements such as landscaping, parking, water quality measures, and the installation of trash enclosures in accordance with the construction phases outlined in the associated Planned Unit Development. The allowances provided by this Site Plan approval shall remain valid in accordance with Section 16-3.01.080 of the Victorville Municipal Code with active building permits on any portion of the project maintaining the validity of the remainder of the project entitlement in its entirety.

2. The proposed development shall comply with all applicable development standards of Title 16 and the underlying Planned Unit Development and shall be in general compliance with the Commercial and Multi-Family Design Guidelines.

3. The proposed development shall be in substantial conformity with the plans submitted as part of this application, unless modification is required to comply with the applicable development standards of the underlying Planned Unit Development, Title 16 and/or conditions of approval.

4. As a supplement to the Planned Unit Development approved phasing plan, the applicant/developer submit a final phasing plan that includes all improvements, measures to restrict access to undeveloped portions of the site, and temporary/future landscaping to be installed as each phase develops, subject to review and approval by the Zoning Administrator prior to the issuance of a building permit.

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5. Any change in the design, placement or scope of any building, parking area, or amenity shall be reviewed and approved as outlined in the associated Planned Unit Development unless otherwise required by Condition of Approval.

6. Any change in use or implementation of a new use within the facility, which will require additional parking spaces resulting in noncompliance with the parking standards of the Planned Unit Development, shall cause that use to be subject to Planning Commission review and approval unless otherwise determined by the Planned Unit Development.

7. The number and location of all handicapped parking spaces shall be subject to Development Department review and approval.

8. The applicant/developer shall install decorative paving (e.g. stamped color concrete) at all driveway entries to the site as well as within the drive aisles at pedestrian connections and paths of travel, with final design and placement to be reviewed and approved by the Zoning Administrator prior to the issuance of a building permit.

9. Prior to the issuance of a building permit the applicant shall record a reciprocal access, parking, and drainage agreement between the parcels, subject to Planning Staff review and approval. Other means to address this requirement such as: the recordation of Covenants, Conditions, and Restrictions (CC&Rs); or via recordation of the associated Tentative Tract Map shall be submitted for review and approval by the Zoning Administrator prior to recordation.

10. All proposed signs, including any freestanding signage, shall comply with Title 16 and the projects approved Master Sign Program. The applicant shall be required to submit a sign package for review and must gain approval by the Planning Commission prior to approval of any signage proposed which is inconsistent with Title 16. All signs shall be subject to Planning Staff review and approval prior to obtaining a building permit.

11. All proposed temporary signage shall comply with Title 16 and the projects approved master Sign Program. All temporary signs (grand openings, special sales, etc.) shall only be affixed to the suite they serve in accordance with an approved Temporary Sign Permit. Flags or other off-site signage is prohibited within multi-tenant developments.

12. With appropriate application and filing fees to the Planning Department, the applicant/developer shall gain approval of a Master Sign Program for the entire Planned Unit Development prior to the issuance of a sign permit. The required Master Sign Program shall include designs and locations for all freestanding signage as well as address minimum standards for wall and temporary signage. Any signage proposed which is inconsistent with Title 16 allowances shall require Planning Commission review and approval.

13. The development shall be in substantial conformity with the architectural elevations and renderings submitted with this application, unless modification is required by condition.

14. All rooftop and/or ground mounted equipment visible from public right-of-ways shall be screened from view and architecturally integrated into the building.

15. Any wall mounted utility equipment (i.e. meters, panels, boxes, conduit etc.) shall not be visually exposed on the building. This type of equipment shall be internally located, Resolution No. 22-098 September 6, 2022

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screened with landscaping or covered in a manner that is architecturally integrated into the design of the building, subject to the review and approval of the Zoning Administrator.

16. Roof drains (i.e. scuppers and down spouts) shall not be visually exposed on the building(s).

Roof drains shall be internally located, subject to the review and approval of the Zoning Administrator.

17. The applicant shall install trash enclosures throughout the site in conformance with Section 16-3.24.110(c)(3) of the Victorville Municipal Code. The enclosures shall have solid block walls with non-transparent metal gates, a solid roof/cover that is architecturally compatible with the primary building(s) onsite and serves to protect the refuse area from inclement weather, wrought iron that fully encloses the trash enclosure between the block wall/metal gates and the roof to prevent unauthorized entry and be designed to accommodate a minimum of 3 separate bins for general refuse, recyclables, and food waste/organics and deemed necessary the City’s refuse collection agency (Burrtec). Additionally, all trash enclosures shall include “walk-in” rear or side access for pedestrian use. The location, design, and quantity of said enclosures shall be subject to Burrtec and Zoning Administrator review and approval.

18. All trash enclosures on site shall provide numerical identification in accordance with Section 16-3.24.110(c)(3) of the Victorville Municipal Code. Details and specifications of required identification subject to review and approval by the Zoning Administrator prior to the issuance of a building permit.

19. Public litter containers shall be installed throughout the project at 300-350 foot intervals along walkways and within 10 feet of food generating or food selling stores in conformance with Section 16-3.24.110(k) of the Victorville Municipal Code. Actual container design and placement subject to review and approval by the Zoning Administrator prior to the issuance of a building permit.

20. Any businesses providing shopping carts for customer use shall install mandatory signage and include shopping cart identification measures in conformance with Section 16-3.07.020(j) of the Victorville Municipal Code. Compliance with these requirements shall be confirmed prior to the issuance of a Certificate of Occupancy and/or sign permit.

21. All carports shall incorporate architectural features/elements of the primary dwelling structures (including but not limited to roof pitch, style, building material and color as applicable), with final design and placement to be reviewed and approved by the Zoning Administrator prior to the issuance of a building permit.

22. Final designs of the clubhouse, pool building, and other accessory building within the residential area of the site shall incorporate architectural features/elements of the primary dwelling structures (including but not limited to roof pitch, style, building material and color), with final designs to be reviewed and approved by the Zoning Administrator prior to the issuance of a building permit.

23. The perimeter fence surrounding the north, east, and west boundaries of the residential area of the property shall be constructed of wrought iron with decorative masonry columns located approximately every twenty linear feet of fence while the perimeter wall separating the residential and commercial components of the development shall be constructed of a Resolution No. 22-098 September 6, 2022

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decorative masonry block wall or similar with final design and placement to be reviewed and approved by the Zoning Administrator prior to the issuance of a building permit.

24. A six-inch wide planter curbing, in accordance with Engineering Standard S-09, is required along the perimeter of all landscaped areas, including planters that abut the public right-of-way sidewalk. All planter strips abutting a public right-of-way and planter islands/landscape fingers shall be a minimum interior width of five feet, exclusive of curbing unless otherwise approved by the Planning Commission. Additionally, said curbing shall be installed at all driveways and drive aisles where abutting undeveloped property in order to prevent access to undeveloped areas of the site, unless otherwise approved by the Zoning Administrator. The grading and site plans shall clearly show all required curbing.

25. The applicant/developer shall provide landscaping/irrigation plans in accordance with Chapter

13.60 of the Victorville Municipal Code, entitled Water Conservation. Landscape areas shall not exceed a slope of 3:1 and shall also meet Title 16 standards, including the minimum interior percentage of landscaping and the maximum dispersal of landscaping within a parking lot. The landscaping plan shall include a minimum of one 24-inch box tree for every eight parking spaces provided on-site. In addition, the landscaping plan shall include the maximum spacing of all plants as follows:

A. Ground cover – eighteen inches on center
B. One gallon plants – three feet on center
C. Five gallon plants – five feet on center
In addition, a note shall be conspicuously placed on the landscape plan indicating the following: Any discrepancy between the maximum spacing criteria and the number of plants shown on the landscape plan shall result in the spacing criteria superseding any other information shown on the landscape plan.

26. All proposed landscaping plant materials shall be listed on the City’s approved water-wise plant list and verified during the building permit plan check. Any plant materials not listed on the approved plant shall be subject to review and approval by the Zoning Administrator to confirm the plant’s ability to survive in the local climate.

27. All landscaped areas shall be maintained in a neat, clean, orderly, and healthful condition.

This includes proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants when necessary and the regular watering of all plants. In addition, all landscaped areas shall be provided with a suitable permanent water system.

28. Prior to issuance of a certificate of occupancy, the Applicant/Owner shall submit documentation that demonstrates the site will be regularly maintained by a commercial landscape company or comparable means, subject to the review and approval of the Zoning Administrator. The Applicant/Owner shall also include current property management contact information when submitting the documentation.

29. Access to and development within the easement for overhead utility lines along the northern boundary of the site shall be approved in writing by the entity with rights to said easement prior to the issuance of any building permits related to residential portion of the Planned Unit Development.

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30. All light standards (wall and freestanding) shall be approved by the Zoning Administrator prior to building permit issuance and be architecturally compatible with the design of the buildings.

All freestanding light standards shall match and be consistently utilized throughout all lots within the Planned Unit Development with sufficient lighting installed to provide visibility, subject to review and approval by the Zoning Administrator prior to the issuance of a building permit. Typical square “shoebox” style lighting is prohibited.

31. Electrical transformers and associated bollards shall be delineated on the site plan, landscape plan and utility plan. This equipment shall be appropriately screened from view, should not be placed adjacent to public areas, and shall not encroach into required planters and/or parking stalls. The location of this equipment shall be subject to the review and approval of the Zoning Administrator and shall correspond with the utility company’s approved location.

32. Prior to the release of any utilities for the use, all Title 16 improvements for the project shall be installed or a bond posted in the amount of one hundred fifty percent (150%) of the value of the uncompleted work shall be submitted to the Development Department, unless otherwise deemed unnecessary by the Zoning Administrator. Any modifications to the amount of the bond shall be subject to review and approval by the Zoning Administrator only if it is found that there are circumstances unique to the use that is not applicable to other uses.

33. The proposed development is required to mitigate its ongoing economic impacts that require the provision of additional municipal services. To mitigate ongoing economic impacts created by new development, the City is preparing to form a Community Facilities District (CFD) to fund the ongoing costs of City services permitted by the CFD, including such services as public safety, street/sidewalk maintenance, and other eligible service impacts. Once formed, the City CFD will have established a uniform, standardized City-wide rate structure that will apply to new developments. If the City forms said CFD prior to the recordation of a final map or issuance of a building permit for the proposed development, the Developer shall annex the subject site into the CFD or shall establish a funding mechanism to provide an ongoing source of funds for the additional services comparable to the uniform standardized City-wide rate established in the CFD Resolution and associated Financial Impact Analysis report.

34. The Applicant/Owner shall agree to defend, indemnify and hold harmless, the City of Victorville, its agents, officers and employees from any claim, action or proceeding against the City of Victorville or its agents, officers or employees to attack, set aside, void or annul this approval. The City of Victorville shall promptly notify the applicant of any such claim, action or proceeding, and the City of Victorville shall cooperate fully in the defense.

35. The applicant/developer shall be responsible for obtaining all necessary permits from any affected regulatory agencies.

36. The project shall comply with all Federal, State and local laws and policies, including: the California Government Code (including the Planning, Zoning and Development Laws), Environmental Quality Act (CEQA), Subdivision Map Act, International Building Code, Green Code, Fire Code; and, Victorville General Plan and Municipal Code; unless permitted to deviate through provisions of such, or through adopted mitigation measures, conditions of approval, or the plans themselves.

37. The applicant shall file a Notice of Determination and pay the necessary filing fee to the County of San Bernardino pursuant to Public Resources Code Section 21089(b). The Resolution No. 22-098 September 6, 2022

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project is not effective until such time as this condition has been satisfied. The applicant shall submit evidence to the Zoning Administrator or his designee indicating that this condition has been satisfied. Any delay in the applicant’s payment of the required fee shall not toll the lapse of approval date nor appeal period of this project.

38. The applicant shall indemnify, protect, and hold harmless the City from any lawsuit filed due to the applicant’s failure to pay the fee imposed by Fish and Game Code Section 711.4.

39. (AQ-1) The Project Proponent shall prepare and submit 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.

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

41. (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.

42. (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.

43. (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-related 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.

44. (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.

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

46. (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 (including access routes) and a Resolution No. 22-098 September 6, 2022

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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 start 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 survey, 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 by the qualified avian biologist and will depend on the level of noise and/or surrounding anthropogenic disturbances, line of sight between the nest and the construction activity, type and duration of construction activity, ambient noise, species habituation, and topographical barriers. These factors will be evaluated 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 affected by the construction activity. Once the young have fledged and left the nest, or the nest otherwise 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.

47. (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 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 finds 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 cultural 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.

48. (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 origin and disposition of remains pursuant to Public Resources Code Section 5097.98. The County 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 determine and notify a Most Likely Descendant (MLD). With the permission of the landowner or his/her authorized Resolution No. 22-098 September 6, 2022

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representative, the MLD may inspect the site of the discovery. The MLD shall complete the inspection within 48 hours of notification by the NAHC.

49. (GEO-1) Excavation activity associated with the development of the project area would impact paleontologically sensitive Pleistocene alluvial units 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.

50. (GHG-1) Prior to the issuance of building permits, 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.

51. (GHG-2) To the extent feasible, the City of Victorville 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 version of the City’s Greenhouse Gas Screening Table prior to the issuance of building permit(s).

52. (WTR-1) Prior to issuance of a grading permit the applicant shall obtain coverage under the statewide general NPDES permit for control of construction 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 Prevention Plan (SWPPP) as required in the NPDES permit and shall identify site-specific erosion 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 components 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 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 must be implemented and maintained to temporarily stabilize all stockpiled sediment until such time that it is reused and/or permanently stabilized.

53. (WTR-2) The applicant/developer shall prepare and implement a comprehensive Spill Prevention and Response Plan for 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-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.

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54. (TRAN-1) The Applicant/Developer shall be responsible for implementing all required mitigation measures as outlined in the Traffic Impact Analysis prepared for the subject project on December 3, 2020 by TJW Engineering, inc., as approved by the City Traffic Engineer. 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.

55. (TCR-1) The San Manuel Band of Mission Indians Cultural Resources 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 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.

56. (TCR-2) Any and all archaeological/cultural documents created as a part of the project (isolate records, site records, survey reports, testing reports, 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.

Engineering Conditions:

57. The developer shall install all improvements required by Section 9.32.040 of the Victorville Municipal Code (including curbs, gutters, sidewalks, pavement widening, drive approaches, street lighting, and drainage facilities) along the street frontages of the project, in accordance with the Standard Specifications for Public Improvements of the City of Victorville. The required street improvements include:
i. Installation of commercial sidewalk and driveway approaches along the frontages of the property, per City Standards. The existing sidewalk panels and driveway approaches on Bear Valley Road, Second and Third Avenues shall be removed & replaced if they do not meet current City and ADA Standards.
ii. The construction of a raised center median along on the Bear Valley Road frontage. iii. Widening and striping of the pavement along the Second Avenue frontage as required for the dedicated right turn pocket for southbound traffic and per the approved traffic study.
iv. Relocation of a storm drain catch basin, installation of a streetlight, and striping of the pavement along the Bear Valley Road frontage.
v. Removal and relocation of the curb return at the northwest corner of Bear Valley Road and Second Avenue such that it includes a 50-foot radius return with an ADA compliant City standard accessibility ramp.
vi. The developer shall modify the traffic signal at the northwest corner of Bear Valley Road and Second Avenue to accommodate the new improvements. The traffic signal shall always remain in operation during the construction of this development. vii. Removal and relocation of the curb return at the northeast corner of Bear Valley Road and Third Avenue such that it includes a 50-foot radius return with an ADA compliant ramp.

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viii. Widening and striping of the pavement along Third Avenue and at the northeast corner of Bear Valley Road and Third Avenue.
ix. The developer shall install a traffic signal at the intersection of Bear Valley Road and Third Avenue.
x. Construct Third Avenue street improvements northerly to the southerly boundary of Tract No. 12666-3 including the removal of the existing k-rails and/or barricade.

58. Street improvement plans for all required curb, gutter, sidewalks, pavement widening, driveway approaches, street lighting, and other improvements within public right-of-way shall be submitted to the Engineering Department for review and approval by the City Engineer.

59. Traffic signal improvement plans shall be submitted to the Engineering Department for review and approval by the City Engineer.

60. A signing and striping improvement plan shall be submitted to the Engineering Department for review and approval by the City Engineer.

61. The developer subdivider shall comply with all requirements of the approved Traffic Impact Study, including all applicable fair share fees.

62. The developer shall install streetlights on decorative marblelite standards along the frontages of the project property as required by the City Engineer. A street lighting plan shall be prepared by the developer’s engineer and submitted to the Engineering Department for review and approval.

63. The developer shall comply with Section 16-5.12.170 of the Victorville Municipal Code regarding the undergrounding of any existing above ground utilities on-site, along property lines, and street frontages. Overhead electrical utilities shall be relocated and placed underground prior to occupancy.

64. Prior to the issuance of permits, the developer shall enter into an Improvement Agreement for the completion of all improvements as required by Section 9.32.040 of the Victorville Municipal Code. The improvement agreement shall be secured by one of the forms specified by Section 17.64.060 of the Victorville Municipal Code.

65. The site and public walkways shall be designed and constructed for accessibility in compliance with the guidelines of the Americans with Disabilities Act Standards for Accessible Design and the Standard Specifications for Public Improvements of the City of Victorville.

66. A permit issued from the City’s Engineering Department is required prior to commencement of any work performed within public right-of-way and the City’s inspection process followed for the connection to and construction of any facilities that are to be dedicated to, owned, and maintained by the City.

67. A permit issued from the City of Hesperia’s Engineering Department is required prior to commencement of any work performed within the City of Hesperia’s public right-of-way.

68. All improvements required along the Bear Valley Road frontage shall be completed during nighttime hours, i.e. 10:00 PM to 5:00 AM. Overtime inspection fees shall be required for all nighttime works.

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69. In accordance with State Water Quality Resources Board requirements, the developer shall implement measures for site design, source control, run-off reduction, storm water treatment and baseline hydro modification as defined by the Phase II Small MS4 Permit. This includes measures installed such that post-development peak storm water runoff discharge rates do not exceed the estimated pre-development rate, and on-site post-construction BMPs for treatment of storm water run-off.

70. The developer shall prepare a water quality management plan for the on-site post- construction BMPs for treatment of storm water run-off. The project property owner shall enter into a maintenance agreement with the City for the water quality management plan.

71. A grading plan/site improvement plan shall be submitted to the Engineering Department for review and approval. The grading plan shall address all on-site and off-site drainage issues, including nuisance water and flows entering and exiting the site. A final drainage study shall be submitted with the grading plan. The developer shall provide hydrology and hydraulic calculations to size any drainage structure included in the grading plan design.

72. A geotechnical report shall be submitted with and incorporated into the grading plan.

73. Grading operations and construction shall be conducted in a manner and/or measures taken to prevent sand, dust, and debris to blow onto other properties. An adequate dust palliative shall be used at all times. After completion of grading the developer shall maintain the site such that sand, dust and debris do not blow onto other properties.

74. Temporary fencing shall be erected as required by City staff during construction to prevent windblown debris from leaving the project site and to ensure public safety.

75. If landscaped areas equal or exceeds 1,000 square feet, a separate irrigation with an RP devise shall be required. A reduced pressure backflow device per City standard W-39 must be installed behind the domestic water meter serving the site. A Fire Service Reduced Pressure Detector Assembly per City standard W-28 shall be installed on the fire protection service if on-site protection is required. The developer shall submit plans for water service connections and valves to the Engineering Department for review and approval by the City Engineer. A current water service will serve letter from Victorville Water District is required with the plan submittal. Water service shall be subject to the conditions within the will serve letter and the approved Water Feasibility Study.

76. This project requires a connection to the City’s sewage collection system. All improvements shall be installed by the developer in accordance with the Standard Specifications for Public Improvements of the City of Victorville. Sewer improvement plans shall be submitted to the Engineering Department for review and approval by the City Engineer.

77. A permit issued from the City’s Engineering Department is required for the connection to the City’s sewer and water systems.

78. The onsite water and sewer systems shall remain privately owned and maintained. The onsite sewer system shall be pressure tested, flushed, and CCTV inspected, prior to allowing the development to connect to the City’s sewer collection system.

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79. The onsite storm drain system shall be pressure tested, cleaned, and CCTV inspected, prior to occupancy.

80. All public utility distribution lines, including service lines to the site, shall be installed by the developer.

81. The method of installation (trenching or boring) for connections to existing utilities (sewer, water, storm drain, etc.) within paved streets shall be subject to approval by the City Engineer.

82. The developer shall be responsible for all costs (including application fees) incurred due to the relocation of existing utility facilities where such facilities conflict with the improvements associated with this project.

83. Landscaping within the traffic sighting distance triangle at intersections and driveway connections to public streets shall be limited to ground cover only and shall not include shrubs and trees.

84. The developer shall pay any and all fees and charges that may become effective prior to the issuance of a building permit or utility connection and shall pay such fees as a condition of obtaining a building permit.

85. Prior to construction of any improvements or any land disturbance, the developer shall construct temporary drainage facilities and provide erosion control measures as necessary to minimize storm water run-off, erosion, and silt deposition. The developer shall provide an erosion control plan of the Best Management Practices to be implemented during construction. The National Pollutant Discharge Elimination System (NPDES) stormwater permit program requires operators of construction sites one acre or larger (including smaller sites that are part of a larger common plan of development) to obtain an NPDES permit and prepare a Storm Water Pollution Prevention Plan (SWPPP). A copy of the SWPPP, and an erosion control plan shall be submitted to the Engineering Department. All NPDES guidelines must be adhered to, and best management practices followed at all times during construction.

86. A boundary survey must be performed and property corners verified prior to construction to facilitate the placement of improvements per plan direction. The developer’s engineer shall provide a horizontal control plan to the City for review or provide adequate control/dimensioning on the site/grading plan.

87. On-site drainage to streets shall be conveyed through parkway drains or as approved by the City Engineer.

88. An application for plan review and an engineer’s construction cost estimate for civil improvements shall be required at the time of initial improvement plan submittal. Payment of plan and map check fees as per the City’s Engineering Department Engineering Plan Check Fee Schedule based on the engineer’s cost estimate shall be required with the plan submittal.

Building Conditions:

89. The project shall comply with all building codes in effect at the time of plan submittal.

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90. The scope of work indicated will require full accessibility to be included in accordance with Chapter 11A and/or 11B of the California Building Code.

91. Plan check fees for this project will be due, and shall be paid in full, upon submittal of plans to the Building Division. The Building Division may be contacted at (760) 955-5100 for an estimation of these fees. Tools for estimating total permit fees are available on the City’s website at https://www.victorvilleca.gov/government/city-departments/development/permit- center/fees-forms. Actual amounts owed will be determined upon submittal of the plans via the City’s online permit center
Fire Conditions:

92. Shall comply with all 2019 Building and Fire Code requirements based on occupancy classification.

93. Monitored fire sprinkler system(s) are required for proposed building(s). Plans shall be submitted prior to construction.

94. Monitored fire alarm system(s) are required for proposed building(s). Plans shall be submitted prior to construction.

95. Homes (including attached garages) must be protected by automatic fire sprinkler systems.

96. Tracts with more than 100 homes shall have a water system feed from two different distribution lines.

97. Paved access from 2 points shall be required for completion and occupancy. Plans shall be submitted and approved prior to construction commencement.

98. Interior/exterior Fire Department access roadways/fire lanes shall be required per Fire Department Standard. Fire Department access roadways providing access to the buildings in this project shall be a minimum of 26 feet wide and shall be directly adjacent to 2 sides of the building. If gates, installed must comply with Fire Department Standards.

99. An approved on-site fire protection system, in accordance with Fire and Water Department Standards is required. The system is required to be in place and serviceable prior to building construction.
100. Provide a preliminary on-site fire protection plan which indicates the location of all required fire protection appliances (FDC’s, PIV’s, RP’s, hydrants, etc.) Required appliances shall be unobstructed by fencing, storage containers, parked vehicles, etc. 101. An approved water supply system, complete with street hydrants complying with Fire Department Standards, shall be in place prior to any combustible construction. 102.Required fire flow for this project is 2,500gpm @ 20psi for 4 hours duration at furthest remote hydrant. Contact Water Department to assure availability of required fire flow. 103.Fire Department access roadways greater than 150’ in length shall require approved Resolution No. 22-098 September 6, 2022

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turnarounds per Fire Department Standard. Any street exceeding 600; will require secondary access.
104.Knox Box/Key Box is required and shall be provided and installed in accordance with Fire Department Standards.
105.Access gates shall be provided with an “Opticom” receiver capable of opening gates via decoding of the “Opticom” strobe signal transmitted by Fire, Police, and Ambulance units. All access gates shall require mechanical means for opening in event of power failure, shall not impinge on required clear width when fully open, and shall be equipped with Knox Box lock actuation devices.
106.Street Addressing for Commercial, Condominiums and Industrial Buildings a. The street address shall be posted with a minimum of twelve (12) inch in height numbers with a one (1) inch stroke, visible from the street of the corresponding address.

During the hours of darkness, they shall be electrically illuminated either externally or internally.
b. Posted numbers shall contrast with their background and be legible from the street of the corresponding address prior to occupancy.
c. Where building setbacks exceed one hundred (100) feet from roadway, additional non-illuminated contrasting numbers twelve (12) inch in height with a one (1) inch stroke, shall be displayed at property access entrance on a permanent monument. d. Commercial/Industrial buildings - Secondary or rear entrance doors shall be marked with unit designators with a minimum of four (4) inch high and 3/8-inch stroke numbers/letters.
e. In multifamily complex there shall be positioned at each entrance of the complex, an illuminated diagrammatic representation of the complex showing the location of fire hydrants, egress/ingress, building and unit designators within the complex f. Where interior buildings exist, completely detached from roadway circulation, illuminated or reflector signs shall be posted along walkway entrances from road circulation points, indicating interior buildings that take access from that particular path. 1) Each individual unit/building within the complex shall display a prominent identification letter, not less than six (6) inches in height and on-half (1/2) inch stroke, which is easily visible to approaching vehicular and/or pedestrian traffic. During the hours of darkness, these letters shall be internally or externally electrically illuminated.
g. Each individual unit shall have a number/letter with the first digit indicating floor level, not less than four (4) inches in height and one-half (1/2) inch stroke.

CITY COUNCIL

ATTACHMENT D
Tentative Tract Map
Resolution No. 22-099

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RESOLUTION NO. P-22-099

A RESOLUTION OF THE CITY COUNICIL OF THE CITY OF VICTORVILLE ADOPTING THE TENTATIVE TRACT MAP PORTION OF CASE NO. PLAN21-00023; A TENTATIVE TRACT

MAP WITH AN INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION TO ALLOW FOR THE SUBDIVISION OF 18 EXISTING PARCELS INTO 18 NEW PARCELS IN

CONJUNCTION WITH A MIXED USE DEVELOPMENT AND PLANNED UNIT DEVELOPMENT

ON PROPERTY LOCATED NORTH OF AND ABUTTING BEAR VALLEY ROAD BETWEEN

SECOND AVENUE AND THIRD AVENUE
WHEREAS, an application has been received from MJM Investment Company, LLC regarding property in the City of Victorville, County of San Bernardino, State of California, particularly described as follows:

PARCELS 1 THROUGH 8 AND 10 THROUGH 19, INCLUSIVE, OF PARCEL MAP NO. 17603, IN

THE CITY OF VICTORVILLE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 230 PAGES 13 AND 14, OF PARCEL MAPS, RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA; and
WHEREAS, a public hearing was opened by the Planning Commission on the 8 th day of June 2022, and closed on the 10 th day of August 2022, pursuant to Title 7, Division 2, Chapter 3, of the Government Code, State of California, and Sections 16-4.01.020 & 17.20.030 of the Victorville Municipal Code to hear arguments for and against the issue, who subsequently voted 5-0 in favor of recommending approval of the Tentative Tract Map to the City Council; and WHEREAS, a public hearing was duly held before the City Council of the City of Victorville on the 6th day of September, 2022, pursuant to Title 7, Division 2, Chapter 3, of the Government Code, State of California, and Section 16-2.05.010 of the Victorville Municipal Code for the purpose of taking public input relative to the Site Plan; and WHEREAS, in accordance with the California Environmental Quality Act (CEQA), and the CEQA Guidelines, the City of Victorville Planning Department undertook and completed an Initial Study for the project, the result of which was the preparation and circulation of a Mitigated Negative Declaration; and
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WHEREAS, the Initial Study, supporting documents, a Mitigated Negative Declaration, and comments from responsible agencies for the proposed Tentative Tract Map were presented to the Planning Commission, and after review and consideration of the environmental information the Planning Commission found and the City Council concurs that the proposal will not have a significant effect on the environment with the inclusion of revised mitigation measures as recommended by the commenting responsible agencies; and WHEREAS, the Planning Commission found and the City Council concurs that the Mitigated Negative Declaration reflects the lead agency’s independent judgment and analysis; and
WHEREAS, the City Council finds that all materials that constitute the record of proceedings upon which its decision is based, shall be located with the City of Victorville Clerk, located at 14343 Civic Drive, Victorville, CA; and
WHEREAS, the Planning Commission found and the City Council concurs that the proposed project will have no adverse effect upon abutting properties due to: development standards included in Title 16 and the associated Planned Unit Development that ensure this proposal and any future development is in accordance with minimum standards designed to protect the health, safety and welfare of the community; because the subject proposal is a mixed-use development that is in accordance with the underlying General Plan and Zone District; and because the project will complement existing development vicinity; and WHEREAS, the Planning Commission found and the City Council concurs that this land division is consistent with the City's adopted General Plan and Zoning Ordinance since the site meets the required lot size, access requirements, is in general conformance with the purpose of the applicable Design Guidelines and Planned Unit Development standards, and the proposal will not divide an established land use designation; and WHEREAS, after hearing all verbal and written testimony offered, including the Planning Commission’s recommendation and minutes, and after thoroughly reviewing and Resolution No. 22-099 September 6, 2022

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considering the proposal, the City Council, in the exercise of its discretion as the final legislative and adjudicatory body of the City, pursuant to Title 7, Division 2, Chapter 3, of the Government Code of the State of California and Sections 16-2.05.010, 16-4.01.020 & 17.20.030 of the Victorville Municipal Code, based on substantial evidence in the record, votes to approve the Tentative Tract Map portion of Case No. PLAN21-00023.

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

Section 1. Recitals
The recitals set forth above are true and correct and are hereby incorporated by this reference as if set forth in their entirety.

Section 3. Effective Date
This Resolution shall take effect in conjunction with the effective date of City of Victorville Ordinance No. 2431.

Section 6. Conditions of Approval
The development project approved by this resolution shall be subject to the following Conditions of Approval:

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Planning Conditions:

1. The proposed subdivision shall comply with all applicable development standards of Title 16 and Title 17 of the City of Victorville Municipal Code, as well as the Subdivision Map Act of the State of California.

2. The final map shall be in substantial conformance with the tentative map submitted as part of this application, unless modification is required to comply with Title 16 of the City of Victorville Municipal Code and/or conditions of approval.

3. The applicant shall provide the Zoning Administrator or his designee with a lot closure list for all lots within the subdivision at the time of submission of maps for final approval.

4. The final map shall be subject to review and approval by the Zoning Administrator or his designee prior to recordation.

5. Prior to the recordation of the final the applicant shall record a reciprocal access, parking, and drainage agreement between the parcels, subject to Planning Staff review and approval.

Other means to address this requirement such as: the recordation of Covenants, Conditions, and Restrictions (CC&Rs); or via recordation of the associated Tentative Tract Map shall be submitted for review and approval by the Zoning Administrator prior to recordation.

6. In accordance with Section 13.60.110 of the Victorville Municipal Code, all new residential tract development shall provide for the installation of reclaimed water pipelines, to the extent required by the responsible water purveyor. Such pipelines shall be connected to the water purveyor's reclaimed water system. The foregoing requirements are not applicable to individual residential lots.

7. The City of Victorville’s name shall not be used in any Conditions, Covenants, and Restrictions (CC&Rs) associated with this development to which it is not a party.

8. Prior to the release of any utilities for the use, all Title 16 improvements for the project shall be installed or a bond posted in the amount of one hundred fifty percent (150%) of the value of the uncompleted work shall be submitted to the Development Department, unless otherwise deemed unnecessary by the Zoning Administrator. Any modifications to the amount of the bond shall be subject to review and approval by the Zoning Administrator only if it is found that there are circumstances unique to the use that is not applicable to other uses.

9. The proposed development is required to mitigate its ongoing economic impacts that require the provision of additional municipal services. To mitigate ongoing economic impacts created by new development, the City is preparing to form a Community Facilities District (CFD) to fund the ongoing costs of City services permitted by the CFD, including such services as public safety, street/sidewalk maintenance, and other eligible service impacts. Once formed, the City CFD will have established a uniform, standardized City-wide rate structure that will apply to new developments. If the City forms said CFD prior to the recordation of a final map or issuance of a building permit for the proposed development, the Developer shall annex the subject site into the CFD or shall establish a funding mechanism to provide an ongoing source of funds for the additional services comparable to the uniform standardized City-wide rate established in the CFD Resolution and associated Financial Impact Analysis report.

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10. The Applicant/Owner shall agree to defend, indemnify and hold harmless, the City of Victorville, its agents, officers and employees from any claim, action or proceeding against the City of Victorville or its agents, officers or employees to attack, set aside, void or annul this approval. The City of Victorville shall promptly notify the applicant of any such claim, action or proceeding, and the City of Victorville shall cooperate fully in the defense.

11. The applicant/developer shall be responsible for obtaining all necessary permits from any affected regulatory agencies.

12. The project shall comply with all Federal, State and local laws and policies, including: the California Government Code (including the Planning, Zoning and Development Laws), Environmental Quality Act (CEQA), Subdivision Map Act, International Building Code, Green Code, Fire Code; and, Victorville General Plan and Municipal Code; unless permitted to deviate through provisions of such, or through adopted mitigation measures, conditions of approval, or the plans themselves.

13. The applicant shall file a Notice of Determination and pay the necessary filing fee to the County of San Bernardino pursuant to Public Resources Code Section 21089(b). The project is not effective until such time as this condition has been satisfied. The applicant shall submit evidence to the Zoning Administrator or his designee indicating that this condition has been satisfied. Any delay in the applicant’s payment of the required fee shall not toll the lapse of approval date nor appeal period of this project.

14. The applicant shall indemnify, protect, and hold harmless the City from any lawsuit filed due to the applicant’s failure to pay the fee imposed by Fish and Game Code Section 711.4.

15. (AQ-1) The Project Proponent shall prepare and submit 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.

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

17. (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.

18. (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.

19. (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 Resolution No. 22-099 September 6, 2022

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Victorville City CouncilSeptember 6, 2022

Victorville City Council
September 6, 2022