Cities Index.
Agenda packet

Victorville City Council
November 15, 2022

Document
Agenda packet
Meeting
November 15, 2022
Body
Victorville City Council
Pages
16
Original file
26.7 MB
Text extracted from the city's file for reading and search. Open the original on victorvilleca.primegov.com. That file is the official record.

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, November 15, 2022
6:00 p.m. Regular Session
The

City

Council

holds

its

business

meetings

in

public

in

accordance

with

the

requirements

of

the

Ralph
M.

Brown

Act,

its

established

policies

and

procedures,

and

its

adopted

parliamentary

authority.

The
Council

strives

to

carry

out

its

meetings

in

an

atmosphere

of

professionalism

with

full

participation

by
members

of

the

body

and

the

public.

As

such,

the

Presiding

Officer

is

empowered

to

govern

City

Council
Meetings

to

foster

the

efficient

and

fair

administration

of

City

business

and

reserves

the

right

to

enforce
(or

cause

to

be

enforced)

the

Meeting

Rules

of

Conduct

and

Decorum

as

set

forth

in

Chapter

5 of

the

City
Council Policy and Procedures Manual.

The

City

Council

welcomes

and

encourages

public

participation

and

invites

the

community

to
attend

in

person
.

Now

that

COVID-19

cases

in

our

area

have

reduced

to

a

point

that

social
distancing

requirements

have

been

lifted,

City

Council

Meetings

will

be

held

in-person

at

City

Hall
in

Council

Chambers.

Remote

viewing

of

our

Council

Meetings

is

available

through

YouTube,

but
public comments must be given in-person at the meeting or in advance as noted below.

Public

Comments:

Members

of

the

public

may

submit

comments

electronically
to

[email protected]

by

4 p.m.

the

day

of

the

meeting

to

be

distributed

to

City

Council.

Participants

are

invited

to

address

the

Council

on

agendized

and

non-agendized

topics

at

the

beginning
of

the

meeting.

Public

comments

will

be

no

longer

than

three

(3)

minutes

per

community

member.

Should
a

speaker

conclude

their

comments

prior

to

the

expiration

of

three

(3)

minutes,

the

speaker

waives

the
right

to

speak

for

any

remaining

amount

of

time.

For

further

information

about

how

to

address

the

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

In

compliance

with

the

Americans

with

Disabilities

Act,

if

you

need

special

assistance

to

participate

in

this
meeting,

please

contact

the

City

Clerk’s

office

at

(760)

955-5188

no

later

than

72 hours

prior

to

the
meeting.

6:00 p.m. Regular Session

Call to Order

Roll Call

Invocation: Elder Steven Hailey of Destiny Christian Church

Pledge of Allegiance: Police Captain John Wickum

City Clerk Presents Agenda/Revisions to Agenda

Conflict of Interest Declarations
Any

items

on

this

agenda

that

might

be

a

conflict

of

interest

to

any

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

Introduction to Public Comments

Public Comments

PUBLIC HEARING(S)

1. Consideration

of

City

Council

Ordinance

No.

2432

with

an

environmental
exemption,

approving

various

amendments

to

Chapter

5 of

Title

16 of

the

Victorville
Municipal

Code

to

adopt

State

of

California

mandated

2022

Title

24 Building

Codes
and

other

standards;

update

sections

to

reference

the

City’s

recently

adopted
Master Fee Schedules; and revise sections relating to Development Impact Fees

Recommendation:

That

the

Honorable

City

Council

conduct

a

public

hearing,

receive

public

testimony,
and take the following actions:
(1)

Find

the

Municipal

Code

Amendment

exempt

from

the

California

Environmental
Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3); (2) Introduce Ordinance No. 2432 for adoption and first reading by title only; and (3) Waive further reading in full of proposed Ordinance No. 2432.

CONSENT CALENDAR

2. Substitution

of

Trustee

and

Deed

of

Reconveyance

for

Residential

Curb

Appeal
Program

Case

No.

18-07-18

(15469

Nisqualli

Road,

Victorville,

CA

92395)

and
Acceptance and Reallocation of Associated Program Income Funds

Recommendation:

That

City

Council

take

the

following

actions

regarding

Residential

Curb

Appeal
Program (RCAP) Case No. 18-07-18:
(1) Approve the Substitution of Trustee and Deed of Reconveyance; (2)

Confirm

the

required

termination

and

release

of

the

original

Declaration

of
Covenants, Conditions and Restrictions (CC&Rs);
(3)

Authorize

the

execution

of

the

Substitution

of

Trustee

and

Deed

of

Reconveyance

as

well

as

the

Termination

and

Release

of

the

original

CC&Rs

by
the Deputy City Manager;
(4)

Accept

the

payoff

of

the

loan

receivable

to

the

Residential

Rehabilitation
Program Income Account;
(5)

Adopt

Resolution

No.

22-118

amending

the

annual

budget

for

fiscal

year

2022-
2023,

reallocating

the

subject

$16,783.20

of

Residential

Curb

Appeal

Program
funds to the Residential Rehabilitation Program Income Account.

3. Victorville

Water

District

Operating

Results

Report

for

the

Fourth

Quarter

of

Fiscal
Year 2022

Recommendation:

That the Honorable Victorville Water District Board of Directors review and file.

4. Notice of Completion - Air Exchange, Inc.

Recommendation:

That the Honorable City Council
(1)

accept

as

complete

and

approve

the

Notice

of

Completion

for

the

Fire

Station
Air Exchange/Plymovent Exhaust System Conversions, Project CCT22-072 and (2) authorize the Fire Chief to execute the Notice of Completion.

5. Commercial Demand Schedule No. 9

Recommendation:

That

the

City

Council

and

Board

of

Directors

ratify

Commercial

Demand

Schedule
No.

9 in

the

amount

of

$12,261,770.45,

covering

Electronic

Fund

Transfers

No.
332156

through

332392

and

Warrant

No.

785983

through

787770

for

10/19/2022
through

10/26/2022

and

Wire

Transfers

dated

10/18/2022

through

10/26/2022,

per
the

adopted

budget

for

Fiscal

Year

2022-2023

for

the

period

covering

July

1,

2022
through June 30, 2023.

6. Payroll Warrant List

Recommendation:

That

the

City

Council

and

Board

of

Directors

ratify

Payroll

Demand

Schedule

No.
3C

for

Payroll

Period

September

16,

2022,

through

September

30,

2022,

in

the
amount

of

$1,898,330.02

covering

Check

Nos.

33100

through

33113,

including
Vendor

checks.

Please

note

employee

Check

No.

33103

has

a

live

Check

and

an
EFT

Advice.

Also

included

are

Advice

Nos.

292816

through

293283,

per

adopted
budget

for

Fiscal

Year

2022-2023

(period

covering

July

1,

2022,

through

June

30,
2023).

7. Quarterly Investment Report as of September 30, 2022

Recommendation:

That

the

City

Council/Board

of

Directors

receive

and

file

the

attached

Quarterly
Investment Report as of September 30, 2022.

8. Code Compliance Department Fiscal Year 2022/2023 Quarter 1 Activity Reports

Recommendation:

That the Honorable City Council review and file.

9. Building Division Quarterly Activity Report

Recommendation:

That the Honorable City Council review and file.

10. Settlement Agreement between the City of Victorville and Alex Mandoyan

Recommendation:

That

the

Honorable

City

Council

approve

the

Citation

Settlement

Agreement

by

and
between

Alex

Mandoyan

and

the

City

of

Victorville

in

regard

to

Citation

No.

25861
and Superior Court Case No. CIVSB2200951.

11. Minutes

of

the

August

16,

2022,

and

September

6,

2022,

Regular

City

Council
Meetings

Recommendation:

That

the

Honorable

City

Council

approve

the

minutes

of

the

Regular

City

Council
Meetings held on August 16, 2022, and September 6, 2022

12. Designation of Applicant's Agent Resolution for Non-State Agencies

Recommendation:

Therefore,

staff

recommends

that

the

Honorable

City

Council

approve

the
execution

and

submittal

of

the

California

Office

of

Emergency

Services

(Cal

OES)
130

Form

in

order

to

pursue

reimbursement

for

losses

due

to

any

disaster,

cost
recovery, or grant opportunity over the next three (3) years.

WRITTEN COMMUNICATIONS

13. Green

Tree

Blvd.

Extension

and

Bear

Valley

Rd.

Overhead

at

BNSF

Railroad
Projects - Amendments to Project Funding Agreements

Recommendation:

That

the

Honorable

City

Council

approve

amendments

to

project

funding
agreements

with

San

Bernardino

County

Transportation

Authority

(SBCTA)

to
extend the terms until December 31, 2024:
(1)

Amendment

No.

7 to

the

Project

Funding

Agreement

for

the

Green

Tree

Blvd.

Extension Project; and
(2)

Amendment

No.

2 to

the

Project

Funding

Agreement

for

the

Bear

Valley

Rd.

Overhead at BNSF Railroad Project.

14. Award of Construction Agreement to Aqua Source - Doris Davies Pool Re-plaster

Recommendation:

That

the

Honorable

City

Council

award

a

Construction

Agreement

to

Aqua

Source
for

the

Doris

Davies

Pool

Re-plaster,

Project

CC23-034-1,

in

the

amount

of
$166,612.00.

15. Adoption

of

Resolution

No.

22-121

Regarding

Range

Change

for

Fire

Mechanic,
Senior Fire Mechanic, and Lead Mechanic positions

Recommendation:

That

the

Honorable

Victorville

City

Council

adopt

Resolution

No.

22-121,

updating
the

pay

range

for

the

positions

of

Fire

Mechanic,

Senior

Fire

Mechanic,

and

Lead
Mechanic.

16. City Manager Reports

17. Discussion and Possible Action Regarding Upcoming Agenda Items

18. Reports from Council Members

Adjournment

Item Number: 1
City Council / Board of Directors
Public Hearing(s)
Meeting of: November 15, 2022
Submitted By:

Joe Slegers, Building Official

Subject:

Consideration of City Council Ordinance No. 2432 with an environmental exemption, approving various amendments to Chapter 5 of Title 16 of the Victorville Municipal Code to adopt State of California mandated 2022 Title 24 Building Codes and other standards; update sections to reference the City’s recently adopted Master Fee Schedules; and revise sections relating to Development Impact Fees.

Recommendation:

That the Honorable City Council conduct a public hearing, receive public testimony, and take the following actions:
(1) Find the Municipal Code Amendment exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3); (2) Introduce Ordinance No. 2432 for adoption and first reading by title only; and (3) Waive further reading in full of proposed Ordinance No. 2432.

Fiscal Impact:

There is no fiscal impact associated with this action.

Background:

At its October 12, 2022 meeting, the Planning Commission recommended City Council approval of the subject Title 16 Victorville Municipal Code (VMC) amendment in order to adopt current state mandated building codes and update various articles and sections of Chapter 5 of said Title 16 to correctly reference the new Development Impact Fee requirements and Master Fee Schedules which were recently approved by the City Council.

Discussion:

The State of California triennially adopts updated versions of all parts of Title 24 of the California Code of Regulations as published by the California Building Standards Commission. The majority of the Title 16 sections being modified are simply updates to 2 8
4 5
the 2019 versions of the same codes that are currently being enforced within the City.

Adoption of the following updated codes will bring Victorville into compliance with State mandated codes, therefore increasing the overall level of code compliance within the City.

These 2022 State mandated codes, which the State requires cities and local jurisdictions to adopt prior to their effective date of January 1, 2023, will replace the 2019 versions currently contained in Title 16, Chapter 5 of the VMC. The titles of the updated codes being adopted are provided below, with the full text of each of the codes available at https://www.dgs.ca.gov/BSC/Codes:
• Part 1: 2022 California Administrative Code
• Part 2: 2022 California Building Code
• Part 2.5: 2022 California Residential Code
• Part 3: 2022 California Electrical Code
• Part 4: 2022 California Mechanical Code
• Part 5: 2022 California Plumbing Code
• Part 6: 2022 California Energy Code
• Part 11: 2022 California Green Building Standards Code One of the most impactful of the proposed changes to the codes mentioned above is a number of requirements in the California Green Building Standards Code that aim to reduce greenhouse gas emissions by eliminating appliances from homes that are reliant on natural gas or propane as their fuel source. In the case of appliances such as heaters, water heaters, and clothes dryers, if a developer elects to install gas appliances, there is an additional requirement to install “future” electrical connections so that the appliances can be easily converted. It will also be more difficult to make these homes comply with the performance calculation methods, which further encourages the use of electric appliances.

Sections 16-5.03.030 and 16-5.04.030 of the VMC are also included for the purpose of removing Emergency Housing Appendix O from the California Building Code adoption and Appendix X from the California Residential Code adoption. Both appendices contain the same provisions but amend different codes. Unlike the main body of the Building and Residential Code, which is mandated to be adopted, most of the appendices are voluntary adoptions, allowing the City to opt out of those provisions. These appendices were added when the 2019 editions of the Title 24 codes were adopted for relaxed housing standards during a declaration of state of emergency, local emergency, or shelter crisis. However, staff has since determined that the relaxed measures allowed by these optional appendices would only serve to allow housing with far less of the life safety measures required by the base codes. Items such as fire sprinkler systems, which are now required by the base code in all residential occupancies, are not required under the provisions of these appendices. The lack of these type of safety measures also creates a more difficult and dangerous situation for first responders responding to an emergency in or around these housing units.

Furthermore, the provisions of these appendices have been used in other communities to house the most vulnerable of populations in substandard conditions for indefinite 2 8
4 5
periods, and staff views these the allowances within these optional appendices as reckless when addressing a lasting statewide shelter crisis with no immediate end in sight.

Fires within tiny home communities for the homeless have become common place throughout the state within jurisdictions that have allowed the provisions of these appendices. Staff seeks to hold all new housing to the same established standards. For example, the Wellness Center campus that is currently under construction by the City in Old Town Victorville is being built with all of the required life safety features, such as fire sprinklers.

Additionally, various sections of Chapter 5 of Title 16 are being updated to correctly reference the new Master Fee Schedules for User Fees and Development Impact Fees which were approved by the City Council on June 7, 2022 and are scheduled to become effective on January 1, 2023. These sections will not impose or change any fee and are only being modified to reference the most recently studied and adopted fees, as previously approved and established by the City Council.

Therefore, in accord with the Planning Commission’s recommendation, staff recommends that the City Council adopt Ordinance No. 2432 to amend Chapter 5 of Title 16 of the VMC as discussed herein.

Attachments: A. Ordinance No. 2432
B. Planning Commission Minutes, Agenda Item, and Resolution No.

P-22-042

ATTACHMENT
A

Page 1 of 12 ends

ORDINANCE NO. 2432

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE APPROVING AMENDMENT PLAN22-00031, A TITLE 16 VICTORVILLE

MUNICIPAL CODE AMENDMENT WITH AN ENVIRONMENTAL EXEMPTION, AMENDING SPECIFIED SECTIONS OF ARTICLES 1, 2, 3, 4, 6, 8, 9, 10, AND 11 OF CHAPTER 5 (BUILDING AND FIRE REGULATIONS) IN ORDER TO ADOPT STATE OF CALIFORNIA MANDATED 2022 TITLE 24 BUILDING CODES AND OTHER STANDARDS; UPDATE SECTIONS TO REFERENCE THE CITY’S RECENTLY ADOPTED MASTER FEE SCHEDULES; AND REVISE

SECTIONS RELATING TO DEVELOPMENT IMPACT FEES
WHEREAS, California Health and Safety Code section 17960 requires the City to enforce the provisions of the California Building Standards Code (“CBSC”) published by the California Building Standards Commission; and
WHEREAS, Title 16 of the Victorville Municipal Code (“VMC”) adopts and incorporates the requirements of the CBSC and other uniform codes prescribing regulations for the construction, quality of materials, use and occupancy, location and maintenance of all buildings of all buildings and structures within the City of Victorville; and
WHEREAS, the California Building Standards Commission published the 2022 Edition of the CBSC on July 1, 2022, with an effective date of January 1, 2023; and WHEREAS, on June 7, 2022, the Victorville City Council passed various resolutions approving and adopting User and Development Impact Fee/Capacity Charge studies, an associated capital improvement plan, a Development Impact Fee (DIF) Council Policy, and Master Fee Schedules establishing DIF and Capacity Charges, and User Fees; and WHEREAS, pursuant to VMC Section 16-2.01.020, the City of Victorville Building Department has initiated an amendment to Chapter 5 of Title 16 of the VMC in order to adopt the most recent California State mandated building codes and related regulations; reference the recently adopted Master Fee Schedules; and update sections of Article 1 of said Chapter 5 to reflect the City’s updated DIF requirements; and
Ordinance 2342 - PLAN22-00031 Amendments November 15, 2022

Page 2 of 12 ends

WHEREAS, pursuant to Title 7, Division 1, Chapter 4, Article 2 of the California Government Code and Section 16-2.01.040 of the VMC, the Victorville Planning Commission held a public hearing on October 12, 2022, to hear arguments for and against the proposed amendments to Title 16 of the VMC ( the “Development Code”); and, after hearing all testimony offered, the Planning Commission unanimously voted to adopt Resolution No. P-22-042, which recommended the City Council adopt the VMC amendments specified in Planning Case No.

PLAN22-00031; and
WHEREAS, the City Council finds that the proposed amendments relating to the building regulations in Chapter 5 are necessary updates and modifications in accordance with the most recent California State mandated building code and Federal Emergency Management Agency requirements and are necessary to protect the health, safety and welfare of the community and its residents; and
WHEREAS, the City Council further finds that certain articles and sections of Chapter 5 of Title 16 of the VMC must be updated to maintain consistency with the fee studies and Master Fee Schedules for DIF and Capacity Charges and User Fees most recently adopted by the City Council; and
WHEREAS, the City Council finds on their own independent judgment that this proposed Title 16 amendment has been determined to be categorically exempt from the California Environmental Quality Act (CEQA), based upon CEQA Guidelines Section 15061(b)(3), as it can be seen with certainty that there is no possibility that the proposed amendments will have a significant effect on the environment inasmuch as the amendments do not increase land use allowances or modify existing standards in a manner that will negatively affect the environment, and are intended to update and clarify the existing VMC by adopting the most recent California State mandated building codes, as well as adding and revising provisions to reflect the recent adoption of Master Fee Schedules and DIF and User Fee studies; and Ordinance 2342 - PLAN22-00031 Amendments November 15, 2022

Page 3 of 12 ends

WHEREAS, the City Council finds that the amendments contained herein are necessary to provide a Development Code that is clear, enforceable, and readable by the public and City Staff; and
WHEREAS, pursuant to Title 7, Division I, Chapter 4, Article 2 of the California Government Code and Section 16-2.01.060 of the VMC, the City Council held a duly noticed public hearing on November 15, 2022 to hear arguments for and against the code amendments, and after hearing all verbal and written testimony offered, including the Planning Commission's recommendation and minutes, and after thoroughly reviewing and considering the code amendments, the City Council affirms the recommendation of the Planning Commission, approving the VMC amendments included in Case No. PLAN22-00031.

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 in this Ordinance 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.

Ordinance 2342 - PLAN22-00031 Amendments November 15, 2022

Page 4 of 12 ends

Section 4.Repeal of Conflicting Provisions
All provisions of the Victorville Municipal Code as heretofore adopted by the City Council that are in conflict with the provisions of this Ordinance are hereby repealed.

Section 5.Certification
The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published according to law.

Section 6.Additions, Deletions, and Revisions to Various Sections of Chapter 5 of Title 16 of the Victorville Municipal Code
Title 16 of the Victorville Municipal Code shall hereby be amended as follows (legend defining new text and editing notes by means of strikethroughs, underlining, italicization, and brackets included for reference purposes only):

Legend
Existing Text
New Text
Deleted Text
{Editing Notes}
Chapter 5: Building and Fire Regulations
Article 1: Administrative Building Code
Sec. 16-5.01.020: *Change*
Code adoption
One copy of the 2019 2022 Edition of the California Building Standards Administrative Code known as the California Code of Regulations, Title 24, Part 1, and Chapter 1, Division 2 of both the 2019 2022 California Building Code, Title 24, Part 2, and the 2019 2022 California Residential Code, Title 24, Part 2.5, having been filed in the office of the City Clerk, said code hereinafter modified, is designated and adopted by reference as the administrative building code of the City.

Ordinance 2342 - PLAN22-00031 Amendments November 15, 2022

Page 5 of 12 ends

Sec. 16-5.01.050: *Change*
Creation of enforcement agency
Section 103.1 of the California Building Code and Section R103.1 of the California Residential Code are amended as follows:

The Building Division of the Development Department is hereby created and the official in charge shall be known as the Building Official.

Sec. 16-5.01.080: *Change*
Development Impact Fees
(a) The purpose of this section is to continue to provide for the orderly, fair, and fiscally sound development of property within the City to promote the health, safety and welfare of its residents and to comply with the provisions of California Government Code section 66000 et seq. (the “Mitigation Fee Act”), or any applicable successor statutes. (b) The City Council has previously established and charged development impact fees as a condition of approval of a development project for the purpose of defraying the cost of public facilities (including public improvements, public services and community amenities) resulting from the increased demand for public facilities reasonably related to the development project. (c) Development impact fees are to be charged and paid on all development projects within the City in accordance with the most recent City Council resolutions making the findings required by the Mitigation Fee Act and adopting the development impact fee study(ies), capital improvement plan, development impact fee master fee schedule, and development impact fees and capacity charges Council policy.
(d)Development impact fees collected by the City shall be deposited, accounted for, reported on, and expended in accordance with the requirements of the Mitigation Fee Act and said City Council resolutions.
(a) Purpose. In order to implement the goals and objectives of the City General Plan (i.e., circulation, safety, parks and recreation elements) and to mitigate the overburdening of existing capital facilities such as the City's roadway, park and fire systems of facilities which are caused by new development in the City, certain public roads, parks and fire stations must be constructed. The City Council has determined, on the basis of the City General Plan and a report entitled "Fiscal Impacts of Development" dated November, 1988, and subsequent addenda dated May 1, 19 and 20, 1989, that a development impact fee is needed to supplement an existing capital facilities fee in order to finance these public improvements and to pay for the development's fair share of the construction costs of these improvements.

In establishing the fee described in this Section, the City Council has found the fee to be consistent with the City's General Plan and, pursuant to Government Code Section 65913.2, has considered the effects of the fee with respect to the City's housing needs as established in the housing element of the General Plan.
(b) Establishment of Development Impact Fee. A development impact fee is calculated at the time of building permit issuance and collected not later than the time of final inspection for development in the city to pay for roadways, parks, fire and public safety facilities. For residential projects requesting early activation of gas and electric utilities, these fees are to be paid prior to the release of said utilities. The City Council shall, in a council resolution, set forth the specific amount of the fee, describe the benefit and impact area on which the development impact fee is imposed, refer to specific public improvements to be financed, the estimated cost of these facilities, and the reasonable relationship between this fee and the various types of new developments and set forth the time for payment. On a biennial basis, the City Council shall review this fee to determine whether the fee amounts are reasonably related to the impacts of developments and whether the described public facilities are still needed.

Ordinance 2342 - PLAN22-00031 Amendments November 15, 2022

Page 6 of 12 ends

(c) Limited Use of Fees. The revenues raised by payment of this fee shall be placed in a separate and special account and such revenues, along with any interest earnings on that account, shall be used solely to:
(1) Pay for the City's future construction of facilities described in the resolution enacted pursuant to subsection (b) of this Section, or to reimburse the City for those described or listed facilities constructed by the City with funds advanced by the City from other sources; or
(2) Reimburse developers who have been required or permitted by subsection (d) of this Section, to install such listed facilities which are oversized with supplemental size, length or capacity.
(d) Developer Construction of Facilities. Whenever a developer is required as a condition of approval of a development permit to construct a public facility described in the resolution adopted pursuant to subsection (b) of this Section which facility is determined by the City to have supplemental size, length of capacity over that needed for the impacts of that development, and construction of the facilities network, a reimbursement agreement with the developer and a credit against the fee, which would otherwise be charged pursuant to this Section on the development project, shall be offered. The reimbursement amount shall not include the portion of the improvement needed to provide services or mitigate the need for the facility or the burdens created by the development. (e) Fee Adjustments. A developer of any project subject to the fee described in subsection (b) of this Section may apply to the City Council for a reduction or adjustment to that fee, or a waiver of that fee, based upon the absence of any reasonable relationship or nexus between the development and the impacts mitigated by the construction of the public improvements financed by this fee. The application shall be made in writing and filed with the City Clerk not later than ten days prior to the public hearing on the development permit for the project, or (2) if no development permit is required, at the time of the filing of the request for a building permit. The application shall state in detail the factual basis for the claim of waiver, reduction or adjustment. The City Council shall consider the application at the public hearing on the permit application or at a separate hearing held within sixty days after the filing of the fee adjustment application, whichever is later.

The decision of the City Council shall be final. If a reduction, adjustment or waiver is granted, any change in use within the project shall invalidate the waiver, adjustment or reduction of the fee.

Sec. 16-5.01.090 *Change*
Street lighting and fire hydrants
In order to provide adequate lighting and water flow in all subdivisions and along streets in residential, commercial and industrial areas where these services are not otherwise provided, a fee shall be charged on all new building permits in the area where the services are not provided. (a) The following fee for street light installation which has been determined by the average current cost of street light installation at the recommended spacing shall be charged. The fee shall be reviewed from time to time for consistency with the current costs: three dollars and ten cents per lineal foot of frontage, not to exceed three hundred ten dollars per lot or parcel. (b) The following fee for fire hydrants which has been determined by the average current cost of installation at the recommended spacing shall be charged. The fee shall be reviewed from time to time for consistency with current costs: five dollars per lineal foot of frontage, not to exceed five hundred dollars per lot or parcel.
(c) Such fees shall be deposited in a revolving fund and street lights and fire hydrants installed according to a plan established by the City for that area. Street light spacing shall be determined according to Section 16-4.08.030 of the Municipal Code. Fire hydrant spacing shall be determined by the Fire Code Official.
(d) No street lighting or fire hydrant requirement shall be imposed upon any frontage where the owner or previous owner has borne the cost of City-owned street lighting or fire hydrants, Ordinance 2342 - PLAN22-00031 Amendments November 15, 2022

Page 7 of 12 ends

nor shall a fee be charged where the improvements have already been made by some other means.

Article 2: Grading Regulations
Sec. 16-5.02.060: *Change*
Permit applications and fees
(a) Application for a grading permit is made with the Building Official and the fees for inspection and plan review shall be charged in the amount prescribed in Table 3H of the Uniform Administrative Code, 1991 Edition, as published within the adopted Master Fee Schedule. (b) Contents. The application shall include:
(1) Plans and Specifications. Three sets of Digital plans signed by a civil engineer, a soils engineer and an engineering geologist shall be submitted. The Building Official may waive the signature requirements for minor grading projects of less than five thousand cubic yards and modify them as appropriate. Plans shall show:
(i) A vicinity sketch or other data adequately locating the site; (ii) Property lines, dimensions and bearings of the property on which the work is to be performed;
(iii) Existing buildings or structures on the property where the work is to be performed and other buildings or structures within fifty feet of the property line; (iv) All Joshua trees, as per Chapter 13.33 of the Victorville Municipal Code, shall be indicated by showing the exact center of its trunk as established by a licensed surveyor. Its tag number, trunk diameter and height must be indicated. The health and proposed disposition of the tree must be indicated. Where a tree or trees are to be removed, the applicant shall meet all current requirements and standards as set forth by the California Department of Fish and Wildlife, and proof shall be submitted to the Building Department prior to issuance of a permit. The application shall include Alternatively, the Applicant may provide a detailed plan report, from a licensed Arborist or Biologist, for protecting, and preserving, relocating the tree or trees in accordance with applicable California Department of Fish and Wildlife standards, which may be affected by the proposed grading. The details of which shall conform to Chapter 13.33 of the Victorville Municipal Code as amended;
(v) An accurate topographical map showing contours of the existing ground. Contours must be extended past the boundary lines of the project for at least one hundred feet.

The Building Official may require the contours to be extended to include the watershed area and all other areas influencing the proposed development; (vi) The elevation, dimensions, locations, extent, and slopes of all proposed grading shown by contours or other means;
(vii)Certification of the quantity and type of material involved to be used for fill and/or the location to which excavated materials will be removed;
(viii) Detailed plans of all drainage devices, walls, cribbing, dams, or other protective devices to be constructed in connection with, or as a part of, the proposed work, together with a map showing the drainage area and estimated runoff of the area served by the drains. All hydrologic and hydraulic calculations shall be signed by a civil engineer;
(ix) Additional plans, drawings or calculations required by the Building Official; Ordinance 2342 - PLAN22-00031 Amendments November 15, 2022

Page 8 of 12 ends

(x) The estimated starting and completion dates;
(xi) The proposed use of the site including the kind of structure to be built; and (xii)Providing an approved project for development.
(2) Soils Engineering Report. The Building Official shall require a soils engineering investigation, based upon the most recent grading plan. The report shall include data regarding the nature, distribution and strength of existing soils, conclusions and recommendations for grading procedures, design criteria for corrective measures and other data required by the Building Official. Soils investigation shall be prepared and signed by a registered soils engineer and approved by the Building Official. (3) Geological Engineering Report. The Building Official shall require an engineering geological investigation for a hillside development and may require one for other grading work. The geological engineering report, prepared and signed by an engineering geologist, shall include an adequate description of the geology of the site and conclusions and recommendations regarding the effect of geological conditions on the proposed development. This report must be approved by the Building Official who may require supplemental geological reports and data. Recommendations included in the report and approved by the Building Official shall be incorporated into the grading plan. (4) Wind Generated Soil Erosion. The Building Official shall require the owner/contractor to provide a proposal for sufficient control of wind-born soil and dust during and after all grading operations.
(c) Development Permit and Tract Map Requirements. No authorization shall be granted for the import and export of earth materials to or from a site nor shall any grading be conducted on a site unless a grading permit has been issued. As a condition for development, the Planning Commission may limit the height, angle and design of any cut or fill slope and may impose standards such as contour grading and additional landscaping to mitigate the adverse environmental impact created by a development project.
(d) Modifications of Approved Plans. Modifications of approved grading plans shall be approved in writing by the Building Official. Required soils and geological reports shall be submitted with the modified plans. No grading work in connection with the proposed modifications shall be permitted without the prior written approval of the soils engineer. (e) Waivers. The Building Official may waive the requirement for a contour map or subsurface exploration if it is determined to be unnecessary, but the work must conform to the provisions of this Article and other relevant laws.

Article 3: Building Code
Sec. 16-5.03.020: *Change*
Code adoption
One copy of the 2019 2022 Edition of the California Building Code known as the California Code of Regulations, Title 24, Part 2, incorporating by reference, the 2018 2021 Edition of the International Building Code, published by the International Code Council with the California amendments, having been filed in the office of the City Clerk, such code hereinafter modified, is designated and adopted by reference as the building code of the City.

Sec. 16-5.03.030: *Change*
Appendix adoption
Appendices G, I, J, and N O of the of the California Building Code are part of this Code and are incorporated in this Chapter by reference.

Ordinance 2342 - PLAN22-00031 Amendments November 15, 2022

Page 9 of 12 ends

Sec. 16-5.03.040: *Change*
Building and miscellaneous permit fees
Pursuant to Sections 109.2 of the California Building Code and R108.2 of the California Residential Code, the following is the adopted fee schedule:
(a) Plan review and building permit fees for every new construction, addition or tenant improvement permit shall be paid to the Development Department as set forth in the Uniform Administrative Code, 1991 Edition, as published by the International Conference of Building Officials.
(b) The building valuation data as set forth in the latest edition of the Building Safety Journal published by the International Code Council shall be used to determine building permit fees for new construction, additions and tenant improvements. (c) permit applicants shall be assessed plan review and building permit fees for all project types in accordance with the user fee study and Master Fee Schedule most recently adopted by resolution of the City Council, and these fees are to be paid prior to the services being provided. not mentioned in subsection (a) shall be adopted by City Council resolution and administratively adjusted, as necessary, to reflect annual cost fluctuation. The adjustment shall occur in accordance with changes to employee salaries, using the cost of living index as a guide and the fee study recommendation as a baseline. (d) A fee shall be paid for the duplication and maintenance of approved plans on microfilm or other type of photographic media. Such fee shall be determined per the most current rates as set forth by the development department but shall not exceed actual costs. (e) Exception: Plan review fees for repeat single-family residential structures that are identical to structures that have been previously reviewed shall only be assessed thirty percent of the established plan review fee for a single, non-repeat structure of the same type.

Article 4: Residential Code
Sec. 16-5.04.020: *Change*
Code adoption
One copy of the 2019 2022 Edition of the California Residential Code known as the California Code of Regulations, Title 24, Part 2.5, incorporating by reference, the 2018 2021 Edition of the International Residential Code, published by the International Code Council with the California amendments, having been filed in the office of the City Clerk, such code hereinafter modified, is designated and adopted by reference as the building code of the City.

Sec. 16-5.04.030: *Change*
Appendix adoption
Appendices H AH, and J AJ, X of the California Residential Code are part of this Code and are incorporated in this Chapter by reference.

Sec. 16-5.04.040: *Change*
Establishment of climatic and geographic design criteria Table R301.2(1) is completed for the City of Victorville as follows:

Ground
Snow
Load
Wind
Speed
Wind -
Topographic
Effects
Wind -
Special
Wind
Region
Wind -
Windborne
Debris
Zone
Seismic
Design
Category
Damage -
Weathering
Damage
-
Frost
Line
Depth
Ordinance 2342 - PLAN22-00031 Amendments November 15, 2022

Page 10 of 12 ends

5 lbs. 110
MPH
No No No E Negligible 12"
Damage -
Termite
Winter
Design
Temp
Ice Barrier
Underlayment
Required
Flood
Hazards
Air Freezing
Index
Mean
Annual
Temp
Very Heavy 32° No See footnote 1,500 or less 62°
Elevation Latitude Winter Heating Summer Cooling Altitude Correction
Factor
2875' 34°N 30° 98° 0.91
Indoor
Design
Temperature
Design
Temperature
Cooling
Heating
Temperature
Difference
Cooling
Temperature
Difference
Wind
Velocity
Heating
70° 75° 40° 23° 15 MPH
Wind Velocity
Cooling
Coincident Wet
Bulb
Daily Range Winter Humidity Summer
Humidity
7½ MPH 65° 35° 50% 70%
Table R301.2 is completed for the City of Victorville as follows:

Ground
Snow
Load
Wind
Speed
Wind -
Topographic
Effects
Wind -
Special
Wind
Region
Wind -
Windborne
Debris
Zone
Seismic
Design
Category
Damage -
Weathering
Damage
-
Frost
Line
Depth
5 lbs. 96 MPH No No No E Negligible 12"
Damage -
Termite
Ice Barrier
Underlayment
Required
Flood
Hazards
Air Freezing
Index
Mean
Annual
Temp
Elevation
Very Heavy No See footnote 1,500 or less 62° 2875'
Elevation Altitude
Correction
Factor
Coincident Wet
Bulb
Indoor Winter
Design Dry-Bulb
Temperature
Outdoor Winter
Design Dry-Bulb
Temperature
2875' 0.91 65° 70° 30°
Heating
Temperature
Difference
Latitude Daily Range Indoor Summer
Design Relative
Humidity
Indoor Summer
Design Dry-Bulb
Temperature
Ordinance 2342 - PLAN22-00031 Amendments November 15, 2022

Page 11 of 12 ends

40° 34°N H 70% 76°
Outdoor
Summer Design
Dry-Bulb
Temperature
Cooling
Temperature
Difference
98° 32°
Footnote: The City initially entered the National Flood Insurance Program December 1, 1987 and the date of the initial Flood Insurance Study was August 5, 1977. Refer to Flood Insurance Rate Maps numbered 06071C5125H, 06071C5150J, 06071C5785H, 06071C5805H, 06071C5810H, 06071C5795H, 06071C5815H, 06071C5820H, **06071C6475H, 06071C6480H, and 06071C6485H, all current as of September 2, 2016.

Article 6: Plumbing Code
Sec. 16-5.06.020: *Change*
Code adoption
One copy of the 2019 2022 Edition of the California Plumbing Code and Appendices known as the California Code of Regulations, Title 24, Part 5, incorporating by reference, the 2021 Uniform Plumbing Code, published by the International Association of Plumbing and Mechanical Officials with California amendments, having been filed in the office of the City Clerk, said code and appendixes are designated and adopted by reference as the plumbing code of the City, in addition to those additions, amendments and deletions as set forth in this chapter.

Article 8: Mechanical Code
Sec. 16-5.08.020: *Change*
Code adoption
One copy of the 2019 2022 Edition of the California Mechanical Code and Appendices known as the California Code of Regulations, Title 24, Part 4, incorporating by reference, the 2018 2021 Uniform Mechanical Code, published by the International Association of Plumbing and Mechanical Officials with California amendments, having been filed in the office of the City Clerk, said code and appendixes are designated and adopted by reference as the mechanical code of the city.

Article 9: Electrical Code
Sec. 16-5.09.020: *Change*
Code adoption
One copy of the 2019 2022 Edition of the California Electrical Code known as the California Code of Regulations, Title 24, Part 3, incorporating by reference, the 2017 2020 National Electrical Code, published by the National Fire Protection Association with California Amendments, having been filed in the office of the City Clerk, said code is designated and adopted by reference as the electrical code of the City.

Ordinance 2342 - PLAN22-00031 Amendments November 15, 2022

Page 12 of 12 ends

Article 10: Energy Code
Sec. 16-5.10.020: *Change*
Code adoption
One copy of the 2019 2022 California Energy Code and Appendices known as the California Code of Regulations, Title 24, Part 6, published by the International Code Council with California amendments, having been filed in the office of the City Clerk, said code and appendices are designated and adopted by reference as the energy code of the City along with those additions, amendments and deletions as set forth in this chapter.

Article 11: Green Building Code
Sec. 16-5.11.020: *Change*
Code adoption
One copy of the 2019 2022 California Green Building Standards Code and Appendices known as the California Code of Regulations, Title 24, Part 11, published by the International Code Council with California amendments, having been filed in the office of the City Clerk, said code and appendices are designated and adopted by reference as the green code of the City along with those additions, amendments and deletions as set forth in this chapter.

Attachment
B

EXECUTIVE SUMMARY

PLAN22-00031

PROJECT DESCRIPTION: An Amendment to the Victorvill e Municipal Code with an Environmental Exemption introducing various amendments within Chapters 5 and 6 of Title 16 in order to adopt State of California mandated 2022 Title 24 Building Codes and other standards, as well as update various sections to reference the City of Victorville Adopted.

APPLICANT: City of Victorville

PLANNING COMMISSION PUBLIC HEARING DATES: October 12, 2022

SUMMARY FOR October 12, 2022 PLANNING COMMISSION MEETING

NUMBER OF PEOPLE WHO COMMENTED: 0

NUMBER OF PEOPLE SPEAKING IN FAVOR: 0

NUMBER OF PEOPLE SPEAKING OPPOSED: 0

NUMBER OF WRITTEN COMMENTS IN FAVOR: 0

NUMBER OF WRITTEN COMMENTS OPPOSED: 0

STAFF RECOMMENDATION: Recommend City Council Approval

PLANNING COMMISSION ACTION: Recommended City C ouncil Approval

PLANNING COMMISSION VOTE: Cook-Askins Jr. Aye
Mesen Aye
Thomas Aye
Kurth Aye
Harriman Aye

cj

Excerpt from the October 12, 2022 Regular Planning Commission Meeting

1. An Amendment to the Victorville Municipal Code with an Environmental Exemption introducing various amendments within Chapters 5 and 6 of Title 16 in order to adopt State of California mandated 2022 Title 24 Building Codes and other standards, as well as up date various sections to reference the City of Victorvil le Adopted Master Fee Schedules and revise provisions relating to Development Impact Fees.

Location: Citywide

Recommendation:

Staff recommends that the Planning Commission condu ct a public hearing, receive testimony regarding the proposed project and take the following actions:

1. Environmental Assessment – Recommend that the City Council find the Code
Amendment exempt pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines; and

2. Code Amendment - Adopt Resolution No. P-22-042, recommending City Council approval of Case No. PLAN22-00031.

Questions ensued.

Chairman Kurth opened the public hearing.

Speakers:

None.

Chairman Kurth closed the public hearing.

Motion was made to approve staff recommendations.

Moved: Commissioner Mesen
Seconded: Commissioner Cook -Askins, Jr.

Motion passed 5-0

Ayes: Commissioner Cook- Askins, Jr., Commissioner Mesen, Commissioner Thoma s, Vice Chair Harriman, Chairman Kurth

1. An

Amendment

to

the

Victorville

Municipal

Code

with

an

Environmental

Exemption
introducing

various

amendments

within

Chapters

5 and

6 of

Title

16 in

order

to
adopt

State

of

California

mandated

2022

Title

24 Building

Codes

and

other
standards,

as

well

as

update

various

sections

to

reference

the

City

of

Victorville
Adopted

Master

Fee

Schedules

and

revise

provisions

relating

to

Development
Impact Fees.

Recommendation:

Staff

recommends

that

the

Planning

Commission

conduct

a

public

hearing,

receive
testimony

regarding

the

proposed

project

and

take

the

following

actions:

1. Environmental

Assessment

–

Recommend

that

the

City

Council

find

the

Code
Amendment

exempt

pursuant

to

Section

15061(b)(3)

of

the

California

Environmental
Quality

Act

(CEQA)

Guidelines;

and

2. Code

Amendment

-

Adopt

Resolution

No.

P-22-042,

recommending

City

Council
approval of Case No. PLAN22-00031.

Item Number: 1
Planning Commission

PUBLIC HEARINGS
Meeting of: October 12, 2022
Submitted By:

Alex Jauregui, Senior Planner

Case:

PLAN22-00031
Subject:

An Amendment to the Victorville Municipal Code with an Environmental Exemption introducing various amendments within Chapters 5 and 6 of Title 16 in order to adopt State of California mandated 2022 Title 24 Building Codes and other standards, as well as update various sections to reference the City of Victorville Adopted Master Fee Schedules and revise provisions relating to Development Impact Fees.

Applicant:

City of Victorville - Building Department
Location:

Citywide
Recommendation:

Staff recommends that the Planning Commission conduct a public hearing, receive testimony regarding the proposed project and take the following actions:

1. Environmental Assessment – Recommend that the City Council find the Code Amendment exempt pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines; and

2. Code Amendment - Adopt Resolution No. P-22-042, recommending City Council approval of Case No. PLAN22-00031.

Summary:

The State of California triennially adopts updated versions of all parts of Title 24 of the California Code of Regulations, including various construction codes such as the California Building, Electrical, Plumbing, Mechanical, and Energy Codes. The majority of 2 8
0 6
the sections being modified are simply updates to the 2022 versions of codes already enforced by the Building Department as required by the State of California. Additionally, the proposal includes an update to various sections of the Victorville Municipal Code (VMC) in order to implement the recently adopted Master Fee Schedule, including both User Fees and Development Impact Fees.

Discussion/Analysis:

Code Amendment
Adoption of the following updated codes will bring Victorville into compliance with State mandated code, therefore increasing the overall level of code compliance within the City.

These 2022 State mandated codes will replace the 2019 versions currently adopted in the VMC which the State requires to be adopted prior to their effective date of January 1, 2023. The titles of the updated codes are provided below, with the full text of each of the codes available at https://www.dgs.ca.gov/BSC/Codes:
•Part 1: 2022 California Administrative Code
•Part 2: 2022 California Building Code
•Part 2.5: 2022 California Residential Code
•Part 3: 2022 California Electrical Code
•Part 4: 2022 California Mechanical Code
•Part 5: 2022 California Plumbing Code
•Part 6: 2022 California Energy Code
•Part 11: 2022 California Green Building Standards Code Sections 16-5.03.030 and 16-5.04.030 of the VMC are also included for the purpose of removing Emergency Housing Appendix O from the California Building Code adoption and Appendix X from the California Residential Code adoption. Both appendices contain the same provisions but amend different codes. These appendices were added when the 2019 editions of the Title 24 codes were adopted for relaxed housing standards during a declaration of state of emergency, local emergency, or shelter crisis, but staff has since determined that the relaxed measures allowed by these optional appendices would only serve to allow housing with far less of the life safety measures required by the base codes.

Items such as fire sprinkler systems, which are now required by the base code in all residential occupancies, are not required under the provisions of these appendices. The lack of these type of safety measures also creates a more difficult and dangerous situation for first responders responding to an emergency in or around these housing units.

Furthermore, the provisions of these appendices have been used in other communities to house the most vulnerable of populations in substandard conditions for indefinite periods, and staff views these appendices allowances as reckless when addressing a lasting statewide shelter crisis with no immediate end in sight. Fires within tiny home communities for the homeless have become common place throughout the State within jurisdictions that have allowed the provisions of these appendices. Staff seeks to hold all new housing to the same established standards. For example, the Wellness Center interim housing campus that is currently under construction in Old Town Victorville is being built with all of the required life safety features, such as fire sprinklers. Unlike the 2 8
0 6
main body of the Building and Residential Code, which is mandated to be adopted, most of the appendices are voluntary adoptions, allowing the City to opt out of those provisions.

Additionally, various sections of Title 16 are being updated to correctly reference the new user and development impact fees which were approved by the City Council at its June 7, 2022, meeting. These sections will not impose or change any fee and are only being modified to reference the most recently studied and adopted fees, as approved and established by the City Council.

Environmental Assessment
The proposed Amendments, which deal primarily with text updates and relocations, as well as administration of Title 16 of the Municipal Code, do not have the potential to cause a significant effect on the environment since they do not increase land use allowances or modify existing standards in a manner that will cause negative effects on the environment.

Therefore, it can be seen with certainty that there is no possibility the changes will have a significant effect on the environment, and the proposed Code Amendment is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA guidelines.

Number of Radius Letters Mailed:

N/A - Required Newspaper Publishing in Lieu of Individual Radius Letters Attachments:

Attachment A – Resolution No. P-22-042 (Code Amendments)

PLANNING COMMISSION

ATTACHMENT A
Resolution No. P-22-042

Page 1 of 10 ends

RESOLUTION NO. P-22-042

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF VICTORVILLE

RECOMMENDING APPROVAL OF AN AMENDMENT TO THE VICTOR VILLE MUNICIPAL CODE WITH AN ENVIRONMENTAL EXEMPTION, CASE NO. PLAN22-00031, INTRODUCING VARIOUS AMENDMENTS WITHIN CHAPTERS 5 AND 6 OF TITLE 16 IN ORDER TO ADOPT STATE OF CALIFORNIA MANDATED 2022 TITLE 24 BUILDING CODES AND OTHER

STANDARDS, AS WELL AS UPDATE VARIOUS SECTIONS TO RE FERENCE THE CITY OF

VICTORVILLE ADOPTED MASTER FEE SCHEDULES AND REVISE PROVISIONS RELATING

TO DEVELOPMENT IMPACT FEES

WHEREAS, pursuant to Section 16-2.01.020 of the Vi ctorville Municipal Code, the City of Victorville Building Department has initiated an am endment to the Victorville Municipal Code as a means to update and clarify its provisions, in accordance with the most recent California State mandated building code and Federal Emergency Management Agency requirements; and WHEREAS, a public hearing was held on the 12th day of October, 2022 pursuant to Title 7, Chapter 4, Article 2 of the Government Code, Sta te of California, to hear arguments for and against the proposal; and
WHEREAS, the Planning Commission finds that the pr oposed amendments relating to building and fire regulations are necessary updates and modifications in accordance with the most recent California State mandated building code and Federal Emergency Management Agency requirements in order to protect the health, safety and welfare of the community and its residents; and
WHEREAS, the Planning Commission finds that certai n sections of the Development Code must be updated to maintain consistency with t he fee studies and Master Fee Schedules for Development Impact Fees and Capacity Charges an d User Fees most recently adopted by the City Council; and
WHEREAS, the Planning Commission finds that multip le provisions of the Development Code will be updated by these amendments, which are necessary to provide a Development Code that is clear, enforceable, and readable by the public and City Staff; and P-22-042– PLAN22-00031 October 12, 2022

Page 2 of 10 ends

WHEREAS, the Planning Commission finds on their ow n independent judgment that this proposed Development Code Amendment has been determined to be categorically exempt from the California Environmental Quality Act (CEQA) bas ed upon CEQA Guidelines Section 15061(b)(3), as it can be seen with certainty that there is no possibility that the proposed amendments will have a significant effect on the en vironment inasmuch as the amendments do not increase land use allowances or modify existing standards in a manner that will negatively affect the environment, as they are intended to update and clarify the existing Municipal Code in accordance with the most recent California State mandated building code and Federal Emergency Management Agency requirements; and
WHEREAS, the Planning Commission finds that all ma terials 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
THEREFORE, BE IT RESOLVED by the Planning Commission, pursuant to Section 16 -

2.01.050 of the Victorville Municipal Code, that it recommends to the City Council that Development Code Amendment Case No. PLAN22-00031, a n amendment to the Victorville Municipal Code that includes various amendments within Chapters 5 and 6 of Title 16 be adopted as follows:

Legend
Existing Text
New Text
Deleted Text
{Editing Notes}

P-22-042– PLAN22-00031 October 12, 2022

Page 3 of 10 ends

Chapter 5: Building and Fire Regulations

Article 1: Administrative Building Code

Sec. 16-5.01.020: *Change*
Code adoption
One copy of the 2019 2022 Edition of the California Building Standards Admin istrative Code known as the California Code of Regulations, Title 24, Part 1, and Chapter 1, Division 2 of both the 2019 2022 California Building Code, Title 24, Part 2, and the 2019 2022 California Residential Code, Title 24, Part 2.5, having been filed in the office of the City Clerk, said code hereinafter modified, is designated and adopted by reference as the administrative building code of the City.

Sec. 16-5.01.050: *Change*
Creation of enforcement agency
Section 103.1 of the California Building Code and S ection R103.1 of the California Residential Code are amended as follows:

The Building Division of the Development Department is hereby created and the official in charge shall be known as the Building Official.

Sec. 16-5.01.080: *Change*
Development Impact Fees

(a) The purpose of this section is to continue to p rovide for the orderly, fair, and fiscally sound development of property within the City to promote the health, safety and welfare of its residents and to comply with the provisions of California Government Code section 66000 et seq. (the “Mitigation Fee Act”), or any applicable successor statutes. (b) The City Council has previously established and charged development impact fees as a condition of approval of a development project for the purpose of defraying the cost of public facilities (including public improvements, public services and community amenities) resulting from the increased demand for public facilities reasonably related to the development project. (c) Development impact fees are to be charged and p aid on all development projects within the City in accordance with the most recent City Council resolutions making the findings required by the Mitigation Fee Act and adopting the developm ent impact fee study(ies), capital improvement plan, development impact fee master fee schedule, and development impact fees and capacity charges Council policy.
(d) Development impact fees collected by the City shall be deposited, accounted for, reported on, and expended in accordance with the requirement s of the Mitigation Fee Act and said City Council resolutions.

(a) Purpose. In order to implement the goals and ob jectives of the City General Plan (i.e., circulation, safety, parks and recreation elements) and to mitigate the overburdening of existing capital facilities such as the City's roadway, park and fire systems of facilities which are caused by new development in the City, certain public roads, parks and fire stations must be constructed. The City Council has determined, on the basis of the City General Plan and a report entitled "Fiscal Impacts of Development" d ated November, 1988, and subsequent addenda dated May 1, 19 and 20, 1989, that a develo pment impact fee is needed to supplement an existing capital facilities fee in or der to finance these public improvements and to pay for the development's fair share of the construction costs of these improvements.

In establishing the fee described in this Section, the City Council has found the fee to be consistent with the City's General Plan and, pursuant to Government Code Section 65913.2, P-22-042– PLAN22-00031 October 12, 2022

Page 4 of 10 ends

has considered the effects of the fee with respect to the City's housing needs as established in the housing element of the General Plan.
(b) Establishment of Development Impact Fee. A deve lopment impact fee is calculated at the time of building permit issuance and collected not later than the time of final inspection for development in the city to pay for roadways, parks, fire and public safety facilities. For residential projects requesting early activation of gas and electric utilities, these fees are to be paid prior to the release of said utilities. The City Council shall, in a council resolution, set forth the specific amount of the fee, describe the benefit and impact area on which the development impact fee is imposed, refer to specific public improvements to be financed, the estimated cost of these facilities, and the reasona ble relationship between this fee and the various types of new developments and set forth the time for payment. On a biennial basis, the City Council shall review this fee to determine whether the fee amounts are reasonably related to the impacts of developments and whether the described public facilities are still needed.
(c) Limited Use of Fees. The revenues raised by pay ment of this fee shall be placed in a separate and special account and such revenues, alo ng with any interest earnings on that account, shall be used solely to:
(1) Pay for the City's future construction of facil ities described in the resolution enacted pursuant to subsection (b) of this Section, or to r eimburse the City for those described or listed facilities constructed by the City with f unds advanced by the City from other sources; or
(2) Reimburse developers who have been required or permitted by subsection (d) of this Section, to install such listed facilities which ar e oversized with supplemental size, length or capacity.
(d) Developer Construction of Facilities. Whenever a developer is required as a condition of approval of a development permit to construct a pub lic facility described in the resolution adopted pursuant to subsection (b) of this Section which facility is determined by the City to have supplemental size, length of capacity over tha t needed for the impacts of that development, and construction of the facilities network, a reimbursement agreement with the developer and a credit against the fee, which would otherwise be charged pursuant to this Section on the development project, shall be offere d. The reimbursement amount shall not include the portion of the improvement needed to pr ovide services or mitigate the need for the facility or the burdens created by the development. (e) Fee Adjustments. A developer of any project sub ject to the fee described in subsection (b) of this Section may apply to the City Council f or a reduction or adjustment to that fee, or a waiver of that fee, based upon the absence of any reasonable relationship or nexus between the development and the impacts mitigated by the construction of the public improvements financed by this fee. The application shall be made in writing and filed with the City Clerk not later than ten days prior to the public hearing on the development permit for the project, or (2) if no development permit is required, at the time of the filing of the request for a building permit. The application shall state in detail the factual basis for the claim of waiver, reduction or adjustment. The City Council shall consider the application at the public hearin g on the permit application or at a separate hearing held within sixty days after the filing of the fee adjustment application, whichever is later.

The decision of the City Council shall be final. If a reduction, adjustment or waiver is granted, any change in use within the project shall invalidate the waiver, adjustment or reduction of the fee.

Sec. 16-5.01.090 *Change*
Street lighting and fire hydrants
P-22-042– PLAN22-00031 October 12, 2022

Page 5 of 10 ends

In order to provide adequate lighting and water flo w in all subdivisions and along streets in residential, commercial and industrial areas where these services are not otherwise provided, a fee shall be charged on all new building permits in the area where the services are not provided. (a) The following fee for street light installation which has been determined by the average current cost of street light installation at the recommended spacing shall be charged. The fee shall be reviewed from time to time for consistency with the current costs: three dollars and ten cents per lineal foot of frontage, not to exceed three hundred ten dollars per lot or parcel. (b) The following fee for fire hydrants which has b een determined by the average current cost of installation at the recommended spacing shall be charged. The fee shall be reviewed from time to time for consistency with current costs: fi ve dollars per lineal foot of frontage, not to exceed five hundred dollars per lot or parcel.
(c) Such fees shall be deposited in a revolving fun d and street lights and fire hydrants installed according to a plan established by the City for tha t area. Street light spacing shall be determined according to Section 16-4.08.030 of the Municipal Code. Fire hydrant spacing shall be determined by the Fire Code Official.
(d) No street lighting or fire hydrant requirement shall be imposed upon any frontage where the owner or previous owner has borne the cost of City- owned street lighting or fire hydrants, nor shall a fee be charged where the improvements have already been made by some other means.

Article 2: Grading Regulations

Sec. 16-5.02.060: *Change*
Permit applications and fees
(a) Application for a grading permit is made with t he Building Official and the fees for inspection and plan review shall be charged in the amount pres cribed in Table 3H of the Uniform Administrative Code, 1991 Edition, as published within the adopted Master Fee Schedule. (b) Contents. The application shall include:
(1) Plans and Specifications. Three sets of Digital plans signed by a civil engineer, a soils engineer and an engineering geologist shall be subm itted. The Building Official may waive the signature requirements for minor grading projects of less than five thousand cubic yards and modify them as appropriate. Plans shall show:
(i) A vicinity sketch or other data adequately loca ting the site; (ii) Property lines, dimensions and bearings of the property on which the work is to be performed;
(iii) Existing buildings or structures on the property where the work is to be performed and other buildings or structures within fifty feet of the property line; (iv) All Joshua trees, as per Chapter 13.33 of the Victorville Municipal Code, shall be indicated by showing the exact center of its trunk as established by a licensed surveyor. Its tag number, trunk diameter and height must be indicated. The health and proposed disposition of the tree must be indicated. Where a tree or trees are to be removed, the applicant shall meet all current requirements and standards as set forth by the California Department of Fish and Wildlife, and proof shall be submitted to the Building Department prior to issuance of a permit. The application shall include Alternatively, the Applicant may provide a detailed plan report, from a licensed Arborist or Biologist , for protecting, and preserving, relocating the tree or trees in accordance with applicable California Department of Fish and W ildlife standards , which may be P-22-042– PLAN22-00031 October 12, 2022

Page 6 of 10 ends

affected by the proposed grading. The details of which shall conform to Chapter 13.33 of the Victorville Municipal Code as amended;
(v) An accurate topographical map showing contours of the existing ground. Contours must be extended past the boundary lines of the project for at least one hundred feet.

The Building Official may require the contours to be extended to include the watershed area and all other areas influencing the proposed development; (vi) The elevation, dimensions, locations, extent, and slopes of all proposed grading shown by contours or other means;
(vii) Certification of the quantity and type of material involved to be used for fill and/or the location to which excavated materials will be removed;
(viii) Detailed plans of all drainage devices, wall s, cribbing, dams, or other protective devices to be constructed in connection with, or as a part of, the proposed work, together with a map showing the drainage area and estimated runoff of the area served by the drains. All hydrologic and hydraulic calcula tions shall be signed by a civil engineer;
(ix) Additional plans, drawings or calculations required by the Building Official; (x) The estimated starting and completion dates;
(xi) The proposed use of the site including the kind of structure to be built; and (xii) Providing an approved project for development.
(2) Soils Engineering Report. The Building Official shall require a soils engineering investigation, based upon the most recent grading p lan. The report shall include data regarding the nature, distribution and strength of existing soils, conclusions and recommendations for grading procedures, design crit eria for corrective measures and other data required by the Building Official. Soils investigation shall be prepared and signed by a registered soils engineer and approved by the Building Official. (3) Geological Engineering Report. The Building Off icial shall require an engineering geological investigation for a hillside development and may require one for other grading work. The geological engineering report, prepared a nd signed by an engineering geologist, shall include an adequate description of the geology of the site and conclusions and recommendations regarding the effect of geological conditions on the proposed development. This report must be approved by the Building Official who may require supplemental geological reports and data. R ecommendations included in the report and approved by the Building Official shall be incorporated into the grading plan. (4) Wind Generated Soil Erosion. The Building Offic ial shall require the owner/contractor to provide a proposal for sufficient control of wind-b orn soil and dust during and after all grading operations.
(c) Development Permit and Tract Map Requirements. No authorization shall be granted for the import and export of earth materials to or from a site nor shall any grading be conducted on a site unless a grading permit has been issued. As a condition for development, the Planning Commission may limit the height, angle and design o f any cut or fill slope and may impose standards such as contour grading and additional la ndscaping to mitigate the adverse environmental impact created by a development project.
(d) Modifications of Approved Plans. Modifications of approved grading plans shall be approved in writing by the Building Official. Required soils and geological reports shall be submitted with the modified plans. No grading work in connection with the proposed modifications shall be permitted without the prior written approval of the soils engineer. (e) Waivers. The Building Official may waive the re quirement for a contour map or subsurface exploration if it is determined to be unnecessary, but the work must conform to the provisions of this Article and other relevant laws.

P-22-042– PLAN22-00031 October 12, 2022

Page 7 of 10 ends

Article 3: Building Code

Sec. 16-5.03.020: *Change*
Code adoption
One copy of the 2019 2022 Edition of the California Building Code known as the California Code of Regulations, Title 24, Part 2, incorporating by reference, the 2018 2021 Edition of the International Building Code, published by the Inter national Code Council with the California amendments, having been filed in the office of the City Clerk, such code hereinafter modified, is designated and adopted by reference as the building code of the City.

Sec. 16-5.03.030: *Change*
Appendix adoption
Appendices G, I, J, and N O of the of the Californi a Building Code are part of this Code and are incorporated in this Chapter by reference.

Sec. 16-5.03.040: *Change*
Building and miscellaneous permit fees
Pursuant to Sections 109.2 of the California Buildi ng Code and R108.2 of the California Residential Code, the following is the adopted fee schedule:
(a) Plan review and building permit fees for every new construction, addition or tenant improvement permit shall be paid to the Development Department as set forth in the Uniform Administrative Code, 1991 Edition, as published by the International Conference of Building Officials.
(b) The building valuation data as set forth in the latest edition of the Building Safety Journal published by the International Code Council shall be used to determine building permit fees for new construction, additions and tenant improvements. (c) permit applicants shall be assessed plan review and building permit fees for all project types in accordance with the user fee study and Master Fe e Schedule most recently adopted by resolution of the City Council, and these fees are to be paid prior to the services being provided. not mentioned in subsection (a) shall be adopted by City Council resolution and administratively adjusted, as necessary, to reflect annual cost fluctuation. The adjustment shall occur in accordance with changes to employee salaries, using the cost of living index as a guide and the fee study recommendation as a baseline. (d) A fee shall be paid for the duplication and m aintenance of approved plans on microfilm or other type of photographic media. Such fee shall be determined per the most current rates as set forth by the development department but shall not exceed actual costs. (e) Exception: Plan review fees for repeat single-f amily residential structures that are identical to structures that have been previously reviewed shall only be assessed thirty percent of the established plan review fee for a single, non-repeat structure of the same type.

Article 4: Residential Code

Sec. 16-5.04.020: *Change*
Code adoption
One copy of the 2019 2022
Edition of the California Residential Code known as the California Code of Regulations, Title 24, Part 2.5, incorporating by reference, the 2018 2021 Edition of the P-22-042– PLAN22-00031 October 12, 2022

Page 8 of 10 ends

International Residential Code, published by the In ternational Code Council with the California amendments, having been filed in the office of the City Clerk, such code hereinafter modified, is designated and adopted by reference as the building code of the City.

Sec. 16-5.04.030: *Change*
Appendix adoption
Appendices H AH , and J AJ , X of the California Residential Code are part of this Code and are incorporated in this Chapter by reference.

Sec. 16-5.04.040: *Change*
Establishment of climatic and geographic design criteria Table R301.2(1) is completed for the City of Victorville as follows:

Ground
Snow
Load
Wind
Speed
Wind -
Topographic
Effects
Wind -
Special
Wind
Region
Wind -
Windborne
Debris
Zone
Seismic
Design
Category
Damage -
Weathering
Damage
-
Frost
Line
Depth
5 lbs. 110
MPH
No No No E Negligible 12"

Damage -
Termite
Winter
Design
Temp
Ice Barrier
Underlayment
Required
Flood
Hazards
Air Freezing
Index
Mean
Annual
Temp
Very Heavy 32° No See footnote 1,500 or less 62°

Elevation Latitude Winter Heating Summer Cooling Altitude Correction
Factor
2875' 34°N 30° 98° 0.91

Indoor
Design
Temperature
Design
Temperature
Cooling
Heating
Temperature
Difference
Cooling
Temperature
Difference
Wind
Velocity
Heating
70° 75° 40° 23° 15 MPH

Wind Velocity
Cooling
Coincident Wet
Bulb
Daily Range Winter Humidity Summer
Humidity
7½ MPH 65° 35° 50% 70%

Table R301.2 is completed for the City of Victorville as follows:

Ground
Snow
Load
Wind
Speed
Wind -
Topographic
Effects
Wind -
Special
Wind
Region
Wind -
Windborne
Debris
Zone
Seismic
Design
Category
Damage -
Weathering
Damage
-
Frost
Line
Depth
P-22-042– PLAN22-00031 October 12, 2022

Page 9 of 10 ends

5 lbs. 96 MPH No No No E Negligible 12"

Damage -
Termite
Ice Barrier
Underlayment
Required
Flood
Hazards
Air Freezing
Index
Mean
Annual
Temp
Elevation
Very Heavy No See footnote 1,500 or less 62° 2875'

Elevation Altitude
Correction
Factor
Coincident Wet
Bulb
Indoor Winter
Design Dry-Bulb
Temperature
Outdoor Winter
Design Dry-Bulb
Temperature
2875' 0.91 65° 70° 30°

Heating
Temperature
Difference
Latitude Daily Range Indoor Summer
Design Relative
Humidity
Indoor Summer
Design Dry-Bulb
Temperature
40° 34°N H 70% 76°

Outdoor
Summer Design
Dry-Bulb
Temperature
Cooling
Temperature
Difference
98° 32°

Footnote: The City initially entered the National Flood Insurance Program December 1, 1987 and the date of the initial Flood Insurance Study was August 5, 1977. Refer to Flood Insurance Rate Maps numbered 06071C5125H, 06071C5150J, 06071C5785H , 06071C5805H, 06071C5810H, 06071C5795H, 06071C5815H, 06071C5820H, **06071C6475 H, 06071C6480H, and 06071C6485H, all current as of September 2, 2016.

Article 6: Plumbing Code

Sec. 16-5.06.020: *Change*
Code adoption
One copy of the 2019 2022 Edition of the California Plumbing Code and Append ices known as the California Code of Regulations, Title 24, Part 5, incorporating by reference, the 2021 Uniform Plumbing Code, published by the International Association of Plumbing and Mechanical Officials with California amendments, having been filed in th e office of the City Clerk, said code and appendixes are designated and adopted by reference as the plumbing code of the City, in addition to those additions, amendments and deletions as set forth in this chapter.

Article 8: Mechanical Code

P-22-042– PLAN22-00031 October 12, 2022

Page 10 of 10 ends

Sec. 16-5.08.020: *Change*
Code adoption
One copy of the 2019 2022 Edition of the California Mechanical Code and Appendices known as the California Code of Regulations, Title 24, Part 4, incorporating by reference, the 2018 2021 Uniform Mechanical Code, published by the Internati onal Association of Plumbing and Mechanical Officials with California amendments, having been filed in the office of the City Clerk, said code and appendixes are designated and adopted by reference as the mechanical code of the city.

Article 9: Electrical Code

Sec. 16-5.09.020: *Change*
Code adoption
One copy of the 2019 2022 Edition of the California Electrical Code known as the California Code of Regulations, Title 24, Part 3, incorporating by reference, the 2017 2020 National Electrical Code, published by the National Fire Protection Association with California Amendments, having been filed in the office of the City Clerk, said code is designated and adopted by reference as the electrical code of the City.

Article 10: Energy Code

Sec. 16-5.10.020: *Change*
Code adoption
One copy of the 2019 2022 California Energy Code and Appendices known as the California Code of Regulations, Title 24, Part 6, published by the International Code Council with California amendments, having been filed in the office of the City Clerk, said code and appendices are designated and adopted by reference as the energy c ode of the City along with those additions, amendments and deletions as set forth in this chapter.

Article 11: Green Building Code

Sec. 16-5.11.020: *Change*
Code adoption
One copy of the 2019 2022 California Green Building Standards Code and Appendices known as the California Code of Regulations, Title 24, Part 11, published by the International Code Council with California amendments, having been filed in th e office of the City Clerk, said code and appendices are designated and adopted by reference as the green code of the City along with those additions, amendments and deletions as set forth in this chapter.

P:\APPS\WPDATA\VVCA\0006 - PLANNING & DEVELOPMENT\ADOPT NEW BUILDING CODES 2022\100.7-ATTACHMENT A - RESOLUTION NO. P-22-042 AJ VER 09.27.22 TLT NOTES REVS 09.29.22 V2 DIF MORE ROBUST - SW EDITS 093022 TLT RESP.DOCX

Item Number: 2
City Council / Board of Directors
Consent Calendar
Meeting of: November 15, 2022
Submitted By:

Scott Webb, City Planner

Subject:

Substitution of Trustee and Deed of Reconveyance for Residential Curb Appeal Program Case No. 18-07-18 (15469 Nisqualli Road, Victorville, CA 92395) and Acceptance and Reallocation of Associated Program Income Funds
Recommendation:

That City Council take the following actions regarding Residential Curb Appeal Program (RCAP) Case No. 18-07-18:
(1) Approve the Substitution of Trustee and Deed of Reconveyance; (2) Confirm the required termination and release of the original Declaration of Covenants, Conditions and Restrictions (CC&Rs);
(3) Authorize the execution of the Substitution of Trustee and Deed of Reconveyance as well as the Termination and Release of the original CC&Rs by the Deputy City Manager; (4) Accept the payoff of the loan receivable to the Residential Rehabilitation Program Income Account;
(5) Adopt Resolution No. 22-118 amending the annual budget for fiscal year 2022-2023, reallocating the subject $16,783.20 of Residential Curb Appeal Program funds to the Residential Rehabilitation Program Income Account.

Fiscal Impact:

Approval of the item will allow for the acceptance and reallocation of $16,783.20 in RCAP funds, which will be used to benefit participants in the City’s Residential Rehabilitation Program (RRP). Funding will be received and dispersed to the following accounts:

Budget Account Number:
2853025-47520-20733 – Residential Rehabilitation Program Income (Revenue) 2853025-52300-20733 – Residential Rehabilitation Program Income (Expenditure) 2 8
3 6
Per the Department of Housing and Urban Development (HUD) rules, program income must be spent before yearly Community Development Block Grant (CDBG) allocations can be spent. Therefore, this reallocation request of $16,783.20 in RCAP funds into the current Fiscal Year 2022-2023 budget will benefit additional RRP participants, as outlined in the 2022-2026 Consolidated Plan (which includes the 2022-2023 Annual Action Plan).

The RRP maintains a waiting list of over 37 residents, which would utilize over a year’s worth of future funding dedicated to this program. Due to the popularity of the program and an expanding wait list, the City will be able to assist a greater number of residents in accordance with the adopted Consolidated Plan and Action Plan with Program Income funds provided to the RRP.

Background:

The RCAP program was designed to promote local beautification, increase property values, boost curb appeal, and correct any Health and Safety Code, Building Code or Victorville Municipal Code violations. The RCAP program was combined with the Residential Compliance Program to create the successor Residential Rehabilitation Program (RRP) in FY 2019-2020, which is provided through Community Development Block Grant funding as a deferred payment loan at three percent (3%) interest in amounts ranging from $1,000 to $15,000. Loans provided are secured against the property for the term of 10 years. The loan can be forgiven should participants remain the property owner and occupy the dwelling as their principal residence for no less than the program’s 10- year term.

Discussion:

On July 18, 2018, the program participant (“Participant”) received an RCAP loan in the amount of $14,985 to aid in the rehabilitation of the home at 15469 Nisqualli Road, Victorville, CA 92395. Rehabilitation improvements included: updated landscaping within the front yard, painting of the home’s exterior, and fence repair, with all items completed using an RCAP loan. The Participant has now requested the City reconvey the Deed of Trust that secured the RCAP loan and remove the associated Declarations of Covenant, Conditions, and Restrictions (CC&Rs). This request has been made due to the terms of the Promissory Note, Deed of Trust and CC&Rs being satisfied with the repayment of RCAP loan funds and associated interest on October 17, 2022.

According to the Promissory Note, the repayment of the RCAP loan required the Participant to pay the principal loan of $14,985 plus three percent (3%) simple interest, calculated at $1,798.20 ($449.55 annual simple interest annually x 4 years = $1,798.20).

The Participant has paid the principal and simple interest balance totaling $16,783.20.

Since the Participant has satisfied the terms of the Promissory Note, Deed of Trust and CC&Rs, staff is requesting approval in executing and recording of the Substitution of Trustee and Deed of Reconveyance, as well as the Termination and Release of the CC&Rs. Recordation of the noted documents and removal of the CC&Rs will reconvey the City’s Deed of Trust and remove the specific CC&Rs (e.g. occupancy, maintenance standards, affordability covenants, etc.) as required per “Article V” of the original CC&Rs. 2 8
3 6
The subject request will also comply with the City of Victorville 2020-2023 Strategic Plan by addressing “Goal A. Financial Sustainability” and “Goal C. Community and Economic Development” as follows:
•Goal A. Financial Sustainability – Allocating program income from a completed RCAP project to the successor RRP provides funds to assist additional residents of the City of Victorville while utilizing a revenue opportunity that does not impact the General Fund.
•Goal C. Community and Economic Development – Utilizing available funds for ongoing projects such as the Residential Rehabilitation Program help maintain the City’s existing housing stock, thereby supporting the preservation and economic vitality of the community.

Attachments: A. Resolution No. 22-118
B. Substitution of Trustee and Deed of Reconveyance
C. Termination and Release of CC&Rs
D. Original Promissory Note, Deed of Trust, CC&Rs and
Notice of Affordability Restrictions

ATTACHMENT A
Resolution No. 22-118

RESOLUTION NO. 22-118

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR 2022-2023

WHEREAS, the City Manager of the City of Victorville did heretofore submit to the City Council an estimate of the expen ditures and revenues of the City departments and offices, together with a proposed budget for the fiscal year 2022-2023; and

WHEREAS, copies of said budget were prepared and distributed to the City Council, approved by the City Council prior to June 30, 2022, and have been available for the inspection by the public in the office of the City Clerk of the City of Victorville; and

WHEREAS, after preparation of the budget, a need to amend the budget is being recommended to the Council for approval; and

WHEREAS, the City Manager or his designee will provide all necessary justification for the budget a mendment as an attachment to this resolution or in the associated City Council agenda report.

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

SECTION 1. That the annual budget for the fiscal year 2022-2023 for the City of Victorville be hereby amended to reflect a change in the amounts and associated accounts listed below and as described in the corresponding Agenda Item.

Account Amount Adjusted
2853025-47520-20733 $16,783.20
2853025-52300-20733 $16,783.20

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

ATTACHMENT B
Substitution of Trustee and Deed of
Reconveyance

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

CITY OF VICTORVILLE
ATTN: JENELE DAVIDSON
14343 CIVIC DRIVE
VICTORVILLE, CA 92392
RE: RCP Case No. 18-07-18

________________________________________________________________________________________

APN: 3093-301-11-0000
15469 Nisqualli Rd.

Victorville, CA 92395

SUBSTITUTION OF TRUSTEE AND FULL RECONVEYANCE

Owner and Holder of the Note secured by the Deed of Trust dated July 18, 2018, executed by Susan F. A. Rodriguez, as original Trustor and the City of Victorville, as original Trustee: and City of Victorville, a Municipal Corporation, as original Beneficiary; which Deed of Trust recorded October 11, 2018 as Instrument No. 2018-0372528 of the Official Records of San Bernardino County, in the State of California; and

The UNDERSIGNED being the present legal owner and holder of the indebtedness secured by said Deed of Trust regarding 15469 Nisqualli Rd., Victorville, CA, 9239 5 in the County of San Bernardino and the State of California, and more particularly described in “EXHIBIT A” (attached) , hereby substitutes themselves as Trustee in lieu of above named Trustee under said Deed of Trust.

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

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

CITY OF VICTORVILLE

Date:_______________ By: ______________________________ Jenele Davidson
Deputy City Manager

EXHIBIT A

LEGAL DESCRIPTION

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

LOT 11 OF TRACT NO. 5319, IN THE CITY O F VICTORVILLE, COUNTY OF S AN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 63, PAGE(S) 74 TO 86, INCLUSIVE OF MAPS, RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA.

APN: 3093-301-11
15469 Nisqualli Rd.

Victorville, CA 92395

State of California
County of San Bernardino

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

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

WITNESS my hand and official seal.

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

ATTACHMENT C
Termination and Release of CC&Rs

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

CITY OF VICTORVILLE
ATTN: JENELE DAVIDSON
14343 CIVIC DRIVE
VICTORVILLE, CA 92392
RE: RCP Case No. 18-07-18

______________________________________________________________________

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

APN: 3093-301-11-0000
15469 Nisqualli Rd.

Victorville, CA 92395

TERMINATION AND RELEASE OF DECLARATION OF COVENANTS, CONDITIONS

AND RESTRICTIONS AND

NOTICE OF AFFORDABILITY RESTRICTIONS ON TRANSFER OF PROPERTY

PLEASE TAKE NOTICE THAT the City of Victorville, a Municipal Corporation (the “City”) is the sole beneficiary of that certain Declaration of Covenants, Conditions, and Restrictions (CC&Rs) executed by the City of Victorville Development Department on July 18, 2018 and recorded on October 11, 2018 as Instrument No. 2018-0372529 in the Official Records of San Bernardino County, C alifornia (the “Affordable Housing Restrictions”), upon that certain real property identified in t he Affordable Housing Restrictions and described in the attached Exhibit A (the “Property”) . The Affordable Housing Restrictions were recorded concurrently with the Notice of Affordability Restrictions on Trans fer of Property, executed on July 18, 2018 by Development Department, and recorded on October 11, 2018 as Instrument No. 2018-0372530 in the Official Records of San Bernardino County, California (the “Notice of Affordability Restrictions on Transfer of Property”).

Pursuant to the t erms of t he Affordable Housing Restrictions, the City shall execute a release of the encumbrances provided that the homeowner has repaid the Residential Curb Appeal Program loan in full and remitted the accrued interest payment to the City of Victorvil le. As the pre ceding con ditions have now been met, the City of Victorville hereby terminates the Affordable Housing Restrictions and forever releases the encumbrances of the Affordable Housing Restrictions from the Property. Accordingly, the Notice of Aff ordability Rest rictions o n Transfer of Property is also terminated and released.

CITY OF VICTORVILLE

DATE: _____________________ By:

Jenele Davidson
Deputy City Manager

EXHIBIT A

LEGAL DESCRIPTION

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

LOT 11 OF TRACT NO. 5319, IN THE CITY O F VICTORVILLE, COUNTY OF S AN BERNARDINO, STATE OF CALIFORNIA, AS PER P LAT RECORDED IN BOOK 63, PAGE(S) 74 TO 86, INCLUSIVE OF MAPS, RECOR DS OF SAN BERNAR DINO COUNTY, CALIFORNIA.

APN: 3093-301-11
15469 Nisqualli Rd.

Victorville, CA 92395

State of California
County of San Bernardino

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

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

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

WITNESS my hand and official seal.

Signature Place Notary Seal Above

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

ATTACHMENT D
Original Promissory Note, Deed of Trust,
CC&Rs and Notice of Affordability
Restrictions

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

Doug Mathews, Director of Public Works and Water

Subject:

Victorville Water District Operating Results Report for the Fourth Quarter of Fiscal Year 2022.

Recommendation:

That the Honorable Victorville Water District Board of Directors review and file.

Fiscal Impact:

There is no fiscal impact associated with this action.

Discussion:

The Victorville Water District (District) serves both residential and commercial customers, with just over 37,800 water connections. District staff will be providing the Board of Directors (Board) with a Quarterly Operating Results Report as a means to present the Board with key financial information, pertinent highlights, and operational performance indicators.

Staff remains available for any questions the Board may have.

Attachments: A. Victorville Water District FY2022 Q4 Operating Results Report Attachment A
Victorville Water District
FY2022 Q4 Operating Results
Report
WATER
BUZZ

Apr. — Jun. 2022
FY 2022
Q4
Water News
You Can Use

 Watering schedule for Sprin-
kler Irrigation
Summer:

June - September hours are
10:00 pm - 6:00 am.

Winter:

October - May hours are
9:00 am - 3:00 pm.

 Our Water Conservation staff
members continue to assist
customers with irrigation timer
programing . For additional
information, please call 866-
955-4426 or visit us at
www.victorvilleca.gov/conserve

Highlights From this Quarter
Capital Projects Completed
The District In Numbers
Water Production – Groundwater & R3
Revenues from Potable and Recycled Water
Our Staff
FY 2022 Overview
PG
1-2
2 3
4 4
4 5

IN THIS ISSUE...

A QUARTERLY UPDATE FROM THE

VICTORVILLE WATER DISTRICT

HIGHLIGHTS FROM THIS QUARTER

Victorville Water District Purchases
Permanent Water Rights in the Centro Subarea

The District’s water comes from a local underground basin in the Alto Sub- area of the Upper Mojave River Basin. The basin is divided into five distinct, but hydrologically related subareas Alto (Upper Basin), Baja (Lower Basin), Centro (Middle Basin), Este (East Basin), and Oeste (West Basin).

On May 30, 1990, The City of Barstow and Southern California Water Com- pany filed a lawsuit claiming that groundwater production by upstream wa- ter producers in the Mojave River Basin was adversely impacting the natu- ral flow of water to the central part of the Mojave Basin. A cross -complaint was filed requesting that the Court declare the native natural water supply of the Mojave Basin inadequate to meet the demands of cumulative water production within the basin, as well as determine individual water produc- tion rights of producers throughout the entire Mojave Basin Area. On Janu- ary 10, 1996, a Final Judgment was entered by the Court, which estab- lished a physical solution to address overdraft conditions within each subar- ea and ensure that downstream users continue to receive historical aver- age annual flows from upstream areas.

As a result of the Judgment, the Mojave Basin Area Watermaster deter- mines how much water (Makeup Obligation) the Alto Subarea owes the Centro Subarea on an annual basis. The total Makeup Obligation for the Alto Subarea is then allocated to each Producer by calculating the Produc- er’s percentage share of Base Annual Production (BAP) rights. The District owns approximately 30% of the Alto Subarea’s BAP.

Makeup Water obligations can be satisfied by purchasing water through the Watermaster at the current year’s rate. Had the District taken this option last year, the cost would have been just over $402,350. Another option is to lease available free production allowance (FPA) from Centro Producers annually.

However, when an Alto Producer leases FPA from a Centro Producer, the judgement requires that the Alto Producer acquire two times the amount needed to satisfy their Makeup Obligation.

Historically, leasing has been the District’s choice as it provided a significant savings over the Watermaster’s rate. However, due to significant rampdown of FPA in the Centro Subarea, the District is expecting the availability of leased water to be drasti- cally reduced over the next few years. This limited supply and high demand will likely cause the cost per acre foot (AF) of leased water to significantly increase.

To mitigate increasing costs and help maintain the lowest possible rates for our rate- payers, the District took advantage of sale opportunities to obtain additional water rights in the Centro Subarea. In FY 2022, the District was able to acquire an addition- al 4,368 AF of BAP; thus, drastically decreasing the District’s future Makeup Obliga- tion costs, and in some years, eliminating it! This helps us meet our #1 goal, to con- tinuously provide safe, reliable, and affordable water for our customers.

Apr.— Jun. 2022
WATER
BUZZ

FY 2022
Q4

A QUARTERLY UPDATE FROM THE

VICTORVILLE WATER DISTRICT

Leaks Repaired
110
5,333 Service
Orders Completed

176
185
New Meters
Installed
37,878
Number of Water
Connections

Page 3 ends

VICTORVILLE WATER DISTRICT BY THE NUMBERS

52 Toilets Provided

Conservation Water Audits
Completed
Conservation Toilet Program
287 Pick Tickets Issued
from the Warehouse
15 Irrigation Systems
Programmed

FY 2021
Revenues for Q4 of FY 2022 were $8,159,376 vs. $8,232,315 during the same quarter last year. This represents a decrease of 0.9%.

The District produced a total of 1,942 MG of water in Q4 FY 2022 vs. 2,145 MG during the same quarter last year. This represents a decrease of 9.4%. Water production refers to the un- derground water pumped from wells and water deliveries from Mojave Water Agency’s Regional Recharge and Recovery (R3) water system.

OUR STAFF:

Keith C. Metzler,
General Manager

Jenele Davidson,
Deputy City
Manager

Doug Mathews,
Director of Public
Works & Water

Arnold Villarreal,
Water Supply
Manager

Sam Arvizu,
Water Distribution
Manager

Carmen Cun,
Sr. Administrative
Analyst

Maria Villagomez,
Administrative
Secretary
Victorville
Water
District

Est.

08.15.2007

Page 4 ends

WATER
BUZZ

FY 2022
Q4

A QUARTERLY UPDATE FROM THE

VICTORVILLE WATER DISTRICT

Apr.— Jun. 2022

Page 5 ends

* One acre foot of water is equivalent to 325,851.45 gallons

The District produced a total of 25.06 AF of water in FY 2022 vs. 22.78 AF in FY 2021. This represents an increase of 10%. Revenues for FY 2022 were $31.4 Million vs. $29.7 Million for FY 2021. This rep- resents an increase of 5.7%.

FY 2022 COMPLETED CIP & CAPITAL PURCHASES:
 Purchased 4,368 acre feet of permanent water rights in the Centro Subarea  Security upgrades were completed for Well Sites #208 & #209 & #204  New plant lighting at the IWWTP
 A new Blower Variable Frequency Drive (VFD) was installed at the IWWTP  Replaced five working trucks

FY 2022 MULTI-YEAR PROJECTS (CURRENTLY IN PROGRESS):
 Advanced Metering Infrastructure (AMI)

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

Brian Fallon, Fire Chief

Subject:

Notice of Completion - Air Exchange, Inc.

Recommendation:

That the Honorable City Council (1) accept as complete and approve the Notice of Completion for the Fire Station Air Exchange/Plymovent Exhaust System Conversions, Project CCT22-072 and (2) authorize the Fire Chief to execute the Notice of Completion.

Fiscal Impact:

There will be no fiscal impact. Payment was processed through a Federal Grant and matching funds which were budgeted in the FY2022-2023 budget. The project is complete, and the vendor has been paid the full amount so there is no additional impact.

Background:

On February 1, 2022, Council approved the award of contact to Air Exchange, Inc., in the amount of $277,376.14 for the Plymovent Vehicle Exhaust Extraction System to be installed throughout the six (6) fire stations. On March 10, 2022, there was a change order request in the amount of $9,569.47, for a project total of $286,945.48.

The purpose of this project was to assist in eliminating hazardous vehicle exhaust emissions at the fire stations by updating outdated systems, and increase the overall health and safety of our fire personnel. Hazardous vehicle emissions in a fire station are a health risk and pursuant to report by the U.S. Department of Health and Human Services, “Workers exposed to diesel exhaust face the risk of adverse health effects ranging from headaches to nausea to cancer and respiratory disease.” Therefore, the Victorville Fire Department, in searching avenues to fund the replacement, upgrade and/or repair of current vehicle exhaust removal systems throughout all six (6) Victorville fire stations, applied for the Fiscal Year 2020 Assistance to Firefighters Grant 2 8
0 8
(FY2020 AFG), a grant through the Department of Homeland Security and was awarded the grant in the amount of $252,160.13 with a ten percent (10%) match of $25,216.01.

Discussion:

On August 20,2022, the Project was completed and inspected to the satisfaction of staff.

The final cost of the Project is $286,945.53.

Staff recommends the Honorable City Council accept as complete and approve the issuance of the Notice of Completion for the Fire Station Air Exchange/Plymovent Exhaust System Conversions, Project CCT22-072.

Attachments: A. Notice of Completion

ATTACHMENT A

NOTICE OF COMPLETION
RECORDING REQUESTED BY:

CITY OF VICTORVILLE

WHEN RECORDED MAIL TO:

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

Recording of this document is fee-exempt under Government SPACE ABOVE THIS LINE FOR RECORDER’S USE Code Section 6103. No Documentary Transfer Tax is due on the document pursuant to Revenue Taxation Code Section 11922

PUBLIC CONTRACT

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:

1. The undersigned is OWNER or agent of the OWNER of the interest or estate stated below in the property hereinafter described.

2. The FULL NAME of the OWNER is CITY OF VICTORVILLE

3. The FULL ADDRESS of the OWNER is 14343 CIVIC DRIVE, VICTORVILLE, CA 92392 A work of improvement on the property hereinafter described was COMPLETED August 20, 2022

4. The work of improvement completed is described as follows: Fire Station Air Exchange/Plymovent Exhaust System.

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

6. The street address of said property is 16200 Desert Knoll Drive, Victorville, CA 92395, 15182 El Evado Road, etc.

7. Assessor’s Parcel Number: 0477-121-27,

8. The property on which said work of improvement was completed is in the City of VICTORVILLE, County of SAN BERNARDINO, State of CALIFORNIA.

Verification of NON-INDIVIDUAL owner: I, Brian Fallon, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the Fire Chief of the aforesaid interest or estate in the property described in the above notice; that I have read said notice, that I know and understand the contents thereof, and that the facts stated therein are true and correct.

at Victorville, California.

Date Brian Fallon, Fire Chief

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

John Mendiola, Finance Director / City Treasurer

Subject:

Commercial Demand Schedule No. 9
Recommendation:

That the City Council and Board of Directors ratify Commercial Demand Schedule No. 9 in the amount of $12,261,770.45, covering Electronic Fund Transfers No. 332156 through 332392 and Warrant No. 785983 through 787770 for 10/19/2022 through 10/26/2022 and Wire Transfers dated 10/18/2022 through 10/26/2022, per the adopted budget for Fiscal Year 2022-2023 for the period covering July 1, 2022 through June 30, 2023.

Fiscal Impact:

The total fiscal impact for FY22-23 in the amount of $12,261,770.45 is authorized with this action. The attached report details the total funds paid to vendors.

Background:

Pursuant to the City’s Municipal Code (2.24.080) the attached demands were presented by the departments, audited by the Finance Department and subsequent warrants/wire transfers were issued. All were found to be in conformity to City policies and procedures and funds were budgeted or available to pay said demands. List of commercial warrants and wire transfers are now being presented to Council for approval.

Attachments: A. Commercial Demand Schedule No. 9 Check Register Summary ATTACHMENT A:

Commercial Demand Schedule No. 9 Check Register Summary

CITY OF VICTORVILLE
Report generated: 10/27/2022 08:20 Page 1User:

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

AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
332156 10/19/2022 EFT 014856 AGRI-CON HYDRAULICS 612.56 332157 10/19/2022 EFT 010826 AIR EXPRESSWAY TOWING, IN 75.00 332158 10/19/2022 EFT 014305 ALBERT A .WEBB ASSOCIATES 1,826.50 332159 10/19/2022 EFT 001646 ALLSTAR FIRE EQUIPMENT 5,895.23 332160 10/19/2022 EFT 014085 ANGELES CONTRACTOR, INC 600,685.00 332161 10/19/2022 EFT 000205 ATLAS COPCO USA HOLDINGS 3,707.45 332162 10/19/2022 EFT 007650 BAKER & TAYLOR, INC. 909.43 332163 10/19/2022 EFT 000297 BECK OIL, INC. 47,070.77
332164 10/19/2022 EFT 010668 BLX GROUP, LLC 3,000.00
332165 10/19/2022 EFT 003245 CALIFORNIA DEPARTMENT OF 1,176.00 332166 10/19/2022 EFT 002720 CALIFORNIA TOOL & WELDING 31.80 332167 10/19/2022 EFT 014820 CAL-STATE AUTO PARTS 1,831.60 332168 10/19/2022 EFT 028287 CASTELLON, STEPHANIE 75.00 332169 10/19/2022 EFT 012417 CLEAN DIESEL SPECIALISTS 673.34 332170 10/19/2022 EFT 018132 CLINICAL LABORATORY OF SA 6,476.75 332171 10/19/2022 EFT 015486 CONSOLIDATED ELECTRICAL D 271.88 332172 10/19/2022 EFT 016340 CONSUMERS PIPE & SUPPLY C 45,955.48 332173 10/19/2022 EFT 022345 DIAMOND ENVIRONMENTAL SER 313.94 332174 10/19/2022 EFT 022931 DUKE'S ROOT CONTROL, INC. 100,000.00 332175 10/19/2022 EFT 009691 BOB FAMILY ENTERPRISES, I 292.63 332176 10/19/2022 EFT 019731 EL DORADO BROADCASTERS LL 1,722.00 332177 10/19/2022 EFT 010860 ESTRADA, MIGUEL A. 14,500.00 332178 10/19/2022 EFT 018364 HILL, JUSTIN 5,709.96
332179 10/19/2022 EFT 015760 FASTENAL COMPANY 1,227.02
332180 10/19/2022 EFT 017560 FERGUSON WATERWORKS 65,989.01 332181 10/19/2022 EFT 016263 AFECO, INC 656.83
332182 10/19/2022 EFT 011206 FLYERS ENERGY LLC 645.41
332183 10/19/2022 EFT 016134 FRONTIER COMMUNICATIONS C 5,097.00 332184 10/19/2022 EFT 001002 G & M AUTOMOTIVE & TOWING 4,146.00 332185 10/19/2022 EFT 003960 CENGAGE LEARNING, INC. 80.71 332186 10/19/2022 EFT 001740 G.A. OSBORNE PIPE-SUPPLY 553.42 332187 10/19/2022 EFT 001063 GOODYEAR TIRE & RUBBER CO 7,473.62 332188 10/19/2022 EFT 016317 GREATER HOPE FOUNDATION F 900.00 332189 10/19/2022 EFT 006269 GREEN, DE BORTNOWSKY, LLP 63,583.65 332191 10/19/2022 EFT 001104 HAAKER EQUIPMENT CO. 1,101.28 332192 10/19/2022 EFT 021166 HARKEY, DAWN MARIE 150.00
332193 10/19/2022 EFT 028225 HESPERIA OUTDOOR POWER EQ 7,937.04 332194 10/19/2022 EFT 014969 LOS ANGELES TRUCK, LLC 38.60 332195 10/19/2022 EFT 007512 IMPERIAL SPRINKLER SUPPLY 2,022.73 332196 10/19/2022 EFT 000094 KIMBALL MIDWEST 18.45
332197 10/19/2022 EFT 000696 L.N. CURTIS & SONS 4,964.01 332198 10/19/2022 EFT 017743 PULICE, SAMUEL A. 150.98
332199 10/19/2022 EFT 001603 MOJAVE WATER AGENCY 32,700.00 332200 10/19/2022 EFT 016352 MONTGOMERY, ROGER 250.00
332201 10/19/2022 EFT 017470 MRC SMART TECHNOLOGY SOLU 634.03 332202 10/19/2022 EFT 028213 O'REILLY AUTO PARTS 42.61
332203 10/19/2022 EFT 001789 PARKHOUSE TIRE, INC. 750.22 332204 10/19/2022 EFT 022232 PERMA-BOUND BOOKS 1,014.41 332205 10/19/2022 EFT 013165 PETE'S ROAD SERVICE 912.80 332206 10/19/2022 EFT 001886 PRUDENTIAL OVERALL SUPPLY 555.77 332207 10/19/2022 EFT 000319 R&R INDUSTRIES, INC. 1,151.02 332208 10/19/2022 EFT 016328 RIVERSIDE CONSTRUCTION CO 418,608.13

CITY OF VICTORVILLE
Report generated: 10/27/2022 08:20 Page 2User:

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

AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
332209 10/19/2022 EFT 002037 SAN BERNARDINO COUNTY 2,793,653.00 332210 10/19/2022 EFT 002123 SHERWIN WILLIAMS COMPANY 141.73 332211 10/19/2022 EFT 020203 SKANSKA USA CIVIL WEST CA 1,420,958.02 332212 10/19/2022 EFT 014499 SOUTHERN CALIFORNIA FLEET 910.00 332213 10/19/2022 EFT 005712 SOUTHERN COUNTIES OIL CO. 35,289.33 332214 10/19/2022 EFT 010553 SPOK, INC. 12.40
332215 10/19/2022 EFT 012798 PRO SALES GROUP 250.00
332216 10/19/2022 EFT 017269 TOWN & COUNTRY TIRE INC 4,656.40 332217 10/19/2022 EFT 028349 TYLER TECHNOLOGIES, INC. 30,921.75 332218 10/19/2022 EFT 002419 UNDERGROUND SERVICE ALERT 966.90 332219 10/19/2022 EFT 003089 UNITED RENTALS, INC. 1,177.33 332220 10/19/2022 EFT 029118 UNITED ROTARY BRUSH CORPO 368.00 332221 10/19/2022 EFT 000095 UNIVAR SOLUTIONS USA INC. 34,063.60 332222 10/19/2022 EFT 027706 HD SUPPLY FACILITIES MAIN 1,223.73 332223 10/19/2022 EFT 015079 VERIZON WIRELESS SERVICES 16,176.61 332224 10/19/2022 EFT 008430 CALMAT COMPANY 3,718.12
332225 10/19/2022 EFT 002498 VICTOR VALLEY WASTEWATER 81,325.26 332226 10/19/2022 EFT 011361 WALTERS WHOLESALE ELECTRI 1,832.51 332227 10/19/2022 EFT 002554 WAXIE SANITARY SUPPLY 3,112.45 332229 10/19/2022 EFT 021844 WILLDAN FINANCIAL SERVICE 985.52 332230 10/19/2022 EFT 018845 Z GLOBAL INC. 20,910.96
332231 10/26/2022 EFT 000004 LITTLEFIELD, DAVID S. 625.00 332232 10/26/2022 EFT 019621 AGA ENGINEERS, INC. 10,809.59 332233 10/26/2022 EFT 002921 AMERICAN LANDSCAPE AND MA 72,751.28 332234 10/26/2022 EFT 014085 ANGELES CONTRACTOR, INC 496,802.46 332235 10/26/2022 EFT 018562 BEST POWER EQUIPMENT, LLC 1,305.85 332236 10/26/2022 EFT 003075 BABCOCK LABORATORIES, INC 42.00 332237 10/26/2022 EFT 007650 BAKER & TAYLOR, INC. 695.00 332238 10/26/2022 EFT 000297 BECK OIL, INC. 10,141.25
332239 10/26/2022 EFT 015877 BOOT BARN, INC. 3,949.14
332240 10/26/2022 EFT 010986 BRAUN BLAISING SMITH WYNN 12,441.86 332241 10/26/2022 EFT 013472 BROADLUX, INC. 11,840.00
332242 10/26/2022 EFT 003245 CALIFORNIA DEPARTMENT OF 577.00 332243 10/26/2022 EFT 002720 CALIFORNIA TOOL & WELDING 46.77 332244 10/26/2022 EFT 014820 CAL-STATE AUTO PARTS 766.97 332245 10/26/2022 EFT 028287 CASTELLON, STEPHANIE 75.00 332246 10/26/2022 EFT 016335 CHARTER COMMUNICATION HOL 50.00 332247 10/26/2022 EFT 027067 COMPASS PEST MANAGEMENT I 112.00 332248 10/26/2022 EFT 015486 CONSOLIDATED ELECTRICAL D 2,216.45 332249 10/26/2022 EFT 012875 J W D'ANGELO CO INC 604.01 332250 10/26/2022 EFT 028115 D'S BOOTERY 225.00
332251 10/26/2022 EFT 011613 ECORP CONSULTING, INC. 3,485.00 332252 10/26/2022 EFT 014726 HOLT, RODERICK SOLOMON 180.00 332253 10/26/2022 EFT 018870 ENNIS-FLINT, INC. 14,360.73 332254 10/26/2022 EFT 010860 ESTRADA, MIGUEL A. 11,300.00 332255 10/26/2022 EFT 015760 FASTENAL COMPANY 1,657.92
332256 10/26/2022 EFT 017560 FERGUSON ENTERPRISES, LLC 20.70 332257 10/26/2022 EFT 001829 FINDAWAY WORLD, LLC 971.01 332258 10/26/2022 EFT 011206 FLYERS ENERGY LLC 1,316.72 332259 10/26/2022 EFT 015874 FRIENDS OF THE VICTORVILL 1,205.12 332260 10/26/2022 EFT 003960 CENGAGE LEARNING, INC. 189.37 332261 10/26/2022 EFT 001740 G.A. OSBORNE PIPE-SUPPLY 627.34

CITY OF VICTORVILLE
Report generated: 10/27/2022 08:20 Page 3User:

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

AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
332262 10/26/2022 EFT 001063 GOODYEAR TIRE & RUBBER CO 1,675.55 332263 10/26/2022 EFT 021387 GREEN, KYNUNULA 75.00
332265 10/26/2022 EFT 021166 HARKEY, DAWN MARIE 150.00
332266 10/26/2022 EFT 002809 HIGH DESERT HOMELESS SERV 68,000.00 332267 10/26/2022 EFT 028225 HESPERIA OUTDOOR POWER EQ 28.88 332268 10/26/2022 EFT 000278 HI DESERT ALARM 496.00
332269 10/26/2022 EFT 008848 HI DESERT FIRE PROTECTION 278.50 332270 10/26/2022 EFT 001206 HITT PLUMBING INC. 1,320.00 332271 10/26/2022 EFT 007512 IMPERIAL SPRINKLER SUPPLY 1,085.22 332273 10/26/2022 EFT 004986 LESLIE'S SWIMMING POOL SU 189.81 332274 10/26/2022 EFT 017743 PULICE, SAMUEL A. 115.51
332275 10/26/2022 EFT 016352 MONTGOMERY, ROGER 75.00
332276 10/26/2022 EFT 016376 SHEPARD, MARSHALL 29,523.00 332277 10/26/2022 EFT 003523 ODYSSEY POWER CORPORATION 1,583.00 332278 10/26/2022 EFT 028213 O'REILLY AUTO PARTS 64.36
332279 10/26/2022 EFT 013165 PETE'S ROAD SERVICE 925.03 332280 10/26/2022 EFT 001886 PRUDENTIAL OVERALL SUPPLY 635.06 332281 10/26/2022 EFT 013661 REBEL OIL COMPANY 2,798.75 332282 10/26/2022 EFT 021144 THE DRALA PROJECT, INC. 3,436.75 332283 10/26/2022 EFT 024930 REFRIGERATION SUPPLIES DI 37.26 332284 10/26/2022 EFT 017661 SCHARDIJN, LISA 774.00
332285 10/26/2022 EFT 015670 SCORPION FIRE PROTECTION, 5,822.91 332286 10/26/2022 EFT 002936 SONSRAY MACHINERY LLC 193.04 332287 10/26/2022 EFT 018962 THATTE, SUBODH 350.00
332288 10/26/2022 EFT 002252 STOVER SEED COMPANY 1,604.07 332289 10/26/2022 EFT 019701 TIME WARNER CABLE LLC 2,375.00 332290 10/26/2022 EFT 017269 TOWN & COUNTRY TIRE INC 637.45 332291 10/26/2022 EFT 029118 UNITED ROTARY BRUSH CORPO 1,925.96 332292 10/26/2022 EFT 014536 UNITED SITE SERVICES OF C 2,015.22 332293 10/26/2022 EFT 015079 VERIZON WIRELESS SERVICES 2,938.38 332294 10/26/2022 EFT 008430 CALMAT COMPANY 1,077.51
332295 10/26/2022 EFT 002862 V.V. TOW, INC. 1,525.00
332296 10/26/2022 EFT 005698 WEST COAST ARBORISTS INC. 5,166.00 332297 10/26/2022 EFT 007786 WILLIAMS, MONIQUE 2,196.00 332298 10/26/2022 EFT 022033 WOODARD & CURRAN, INC. 1,120.25 332299 10/26/2022 EFT 018845 Z GLOBAL INC. 192,417.91
332300 10/26/2022 EFT 014212 ALDERETE, EVONIA 337.24
332301 10/26/2022 EFT 011930 ANDERSON, PAMELA K 323.78
332302 10/26/2022 EFT 019717 ARROYO, JOANN 178.80
332303 10/26/2022 EFT 022271 ASHTON, STEVE 735.31
332304 10/26/2022 EFT 004941 BATES, CAROLEE 588.16
332305 10/26/2022 EFT 003638 BECERRA, ELIZABETH 687.80
332306 10/26/2022 EFT 012054 BECKER, JOHN R 183.33
332307 10/26/2022 EFT 014654 BEVILACQUA, ANTHONY 803.01 332308 10/26/2022 EFT 011916 BIER, MICHAEL 304.78
332309 10/26/2022 EFT 018689 BORROWMAN, STEVEN H. 661.52 332310 10/26/2022 EFT 012066 BROWN, MARTY R 337.24
332311 10/26/2022 EFT 012044 BURCHAK, GLORIA J 301.26
332312 10/26/2022 EFT 012056 CALDWELL, TERRY E 183.33
332313 10/26/2022 EFT 001114 CAMELI-STEVENS, LORAINE 158.02 332314 10/26/2022 EFT 003218 CARBAJAL, STEVEN 622.39
332315 10/26/2022 EFT 025314 CASTRO, MELISSA 675.08

CITY OF VICTORVILLE
Report generated: 10/27/2022 08:20 Page 4User:

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

AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
332317 10/26/2022 EFT 008111 COLLINS, KEVIN 386.97
332318 10/26/2022 EFT 011935 COSTELLO, JOSE 110.51
332319 10/26/2022 EFT 011934 COX, JAMES L 265.55
332320 10/26/2022 EFT 012064 COY, MICHAEL 87.85
332321 10/26/2022 EFT 012069 DEZWART, AMY LYN 301.26
332322 10/26/2022 EFT 006095 DIAZ, JANET 502.26
332323 10/26/2022 EFT 019734 DORAN, WILLIAM J. III 243.08 332324 10/26/2022 EFT 009544 FALZONE, RICHARD 161.28
332325 10/26/2022 EFT 012046 FITZSIMMONS, RALPH L 50.79 332326 10/26/2022 EFT 012062 FLORES, CYNTHIA D 161.28
332327 10/26/2022 EFT 004773 FLORES, JOSEPH P. 555.09
332328 10/26/2022 EFT 011940 GARCIA, VINCENT J 720.26
332329 10/26/2022 EFT 011909 GARLAND, SHEILA D 178.26
332330 10/26/2022 EFT 012063 HARBOUR, RAYMOND LEE 831.26 332331 10/26/2022 EFT 015665 HELDRETH, GREGORY 818.67
332332 10/26/2022 EFT 012052 HINOJOS, JANICE A 249.95
332333 10/26/2022 EFT 011677 HOLLAND, KELLEY 243.50
332334 10/26/2022 EFT 012050 JARRETT, JENNIE L 301.26
332335 10/26/2022 EFT 022215 KARRES, RONALD J. 257.09
332336 10/26/2022 EFT 012049 KUHLMANN, EULEMA 102.63
332337 10/26/2022 EFT 029000 LACEY, MICHAEL P. 281.27
332338 10/26/2022 EFT 014183 LAURIE, BERNEE 163.02
332339 10/26/2022 EFT 012061 LAWSON, JAMES 394.99
332340 10/26/2022 EFT 012047 LEEF, DAVID 183.33
332341 10/26/2022 EFT 009048 LUDWIG, TRACY 481.68
332342 10/26/2022 EFT 019051 LUTHER, KARLA 243.50
332343 10/26/2022 EFT 012060 MADDOX, JONNIE F 337.24
332344 10/26/2022 EFT 011919 MARTINEZ, BASILIO 803.01
332345 10/26/2022 EFT 019440 MCCORMICK, DONNA 661.62
332346 10/26/2022 EFT 014184 MCGINN, JOHN 511.79
332347 10/26/2022 EFT 011918 MCGLADE, JOHN A 161.58
332348 10/26/2022 EFT 004588 MCGOWAN, CHERYL 244.37
332349 10/26/2022 EFT 003603 MCMURTRY, DANIEL 616.98
332350 10/26/2022 EFT 011913 MILLENDER, FRANCENE J 495.14 332351 10/26/2022 EFT 004745 MILLER, BRUCE 106.57
332352 10/26/2022 EFT 011917 MORSE, RENEE 323.78
332353 10/26/2022 EFT 012070 MOSHER, ADELE 74.58
332354 10/26/2022 EFT 012426 MULLINS, DENNIS M. 225.77
332355 10/26/2022 EFT 012065 NEWELL, CAROLYN 719.18
332356 10/26/2022 EFT 003200 O'DELL, DARRELL 477.87
332357 10/26/2022 EFT 013672 OGILVIE-HARPER, MARQUITA 220.72 332358 10/26/2022 EFT 012697 OROS, DWAYNE E. 675.08
332359 10/26/2022 EFT 012057 PATTERSON, ADAIR MARIE 323.78 332360 10/26/2022 EFT 011914 PETERSON, ROGER 152.11
332361 10/26/2022 EFT 022185 PIEPER, WADE 675.08
332362 10/26/2022 EFT 020717 PRUEITT, CORINNE 661.62
332363 10/26/2022 EFT 020716 PRUEITT, DAVID 661.62
332364 10/26/2022 EFT 011910 RAMIREZ, DIANA M 38.11
332365 10/26/2022 EFT 018894 RANDALL, DAVID L. 521.17
332366 10/26/2022 EFT 011920 RANKIN, SHARON 261.02
332367 10/26/2022 EFT 013209 RANKIN, TIMOTHY 471.39
332368 10/26/2022 EFT 020907 RODRIGUEZ, ANGELA 257.09

CITY OF VICTORVILLE
Report generated: 10/27/2022 08:20 Page 5User:

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

AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
332369 10/26/2022 EFT 014496 RODRIGUEZ, LOUIE 616.98
332370 10/26/2022 EFT 017345 RUSSO, MARILEE 365.70
332371 10/26/2022 EFT 003583 RUSSO, VINCE 519.39
332372 10/26/2022 EFT 014493 SALAS, GLENN 279.68
332373 10/26/2022 EFT 012045 SALBERG, RAYMOND A 217.58
332374 10/26/2022 EFT 011929 SALINAS SR., XAVIER S 178.26 332375 10/26/2022 EFT 017488 SCHROEDER, KAY D. 265.55
332376 10/26/2022 EFT 014082 SMITH, ARNOLD 106.57
332377 10/26/2022 EFT 011931 SONGER FAMILY SURVIVAL TR 337.24 332378 10/26/2022 EFT 024654 SPARKS, DAVID J. 655.46
332379 10/26/2022 EFT 005559 ST. LOUIS, LINDA 803.01
332380 10/26/2022 EFT 018887 STONESIFER, ROBERT 102.63
332381 10/26/2022 EFT 021852 STONESIFER, BARRY 675.08
332382 10/26/2022 EFT 012949 STRATTON, DANIEL 495.14
332383 10/26/2022 EFT 017153 SZARZYNSKI, MICHAEL J. 457.33 332384 10/26/2022 EFT 021025 TAYLOR, SHARON 667.57
332385 10/26/2022 EFT 012078 THOMASSON, PHILLIP 536.32
332386 10/26/2022 EFT 014806 WASSERMAN, REBECCA A 103.92 332387 10/26/2022 EFT 019160 WEAVER, STUART 419.17
332388 10/26/2022 EFT 011915 WHITE, JAMES M 337.24
332389 10/26/2022 EFT 011924 WILSON, BOBBY G 217.49
332390 10/26/2022 EFT 012048 WILSON, HELEN E 442.45
332391 10/26/2022 EFT 012958 WOLTERS, MARCELLA 414.20
332392 10/26/2022 EFT 012059 ZIZZI, WARREN J 565.27
787770 10/19/2022 PRINTED 999973 ALKUINO, RHEENA 60.00
787771 10/19/2022 PRINTED 013312 A & B HITCHES AND MUFFLER 39.86 787772 10/19/2022 PRINTED 014848 DOMINGUEZ, MIGUEL 1,513.12 787773 10/19/2022 PRINTED 010036 ADAPT CONSULTING, INC. 1,876.52 787774 10/19/2022 PRINTED 006716 AIRGAS USA, LLC 131.82 787775 10/19/2022 PRINTED 016435 ALLIANT INSURANCE SERVICE 1,875.00 787776 10/19/2022 PRINTED 014878 ALLTECH INDUSTRIES, INC 5,701.80 787777 10/19/2022 PRINTED 017045 ALVAREZ, JONATHAN 347.99 787778 10/19/2022 PRINTED 021533 ALVAREZ, SUNI 12.98
787779 10/19/2022 PRINTED 000191 APPLIED INDUSTRIAL TECH 1.56 787780 10/19/2022 PRINTED 017968 AVCOM SERVICES, INC. 185.00 787781 10/19/2022 PRINTED 015662 BALLARD, JAMES ANDREW AND 1,141.14 787782 10/19/2022 PRINTED 000290 BATTERY MART OF APPLE VAL 366.12 787783 10/19/2022 PRINTED 000380 BURRTEC WASTE INDUSTRIES 2,591.35 787784 10/19/2022 PRINTED 000380 BURRTEC WASTE INDUSTRIES 18,487.63 787785 10/19/2022 PRINTED 000380 BURRTEC WASTE INDUSTRIES 3,546.69 787786 10/19/2022 PRINTED 016222 CACEO 1,000.00
787787 10/19/2022 PRINTED 000787 DEPARTMENT OF CONSERVATIO 8,018.20 787788 10/19/2022 PRINTED 014097 CANON SOLUTIONS AMERICA, 254.10 787789 10/19/2022 PRINTED 020755 MIKE CAPOSIO BUICK GMC, L 322.18 787790 10/19/2022 PRINTED 021532 CARDENAS, YESENIA 31.46 787791 10/19/2022 PRINTED 011084 COMMERCIAL TRANSPORTATION 4,373.23 787792 10/19/2022 PRINTED 019431 CONSTANT AND ASSOCIATES, 12,906.00 787793 10/19/2022 PRINTED 009898 CWEA 105.00
787794 10/19/2022 PRINTED 017067 DEROIAN, JOHN 320.00
787795 10/19/2022 PRINTED 000764 DESERT TRUCK SUPPLY 77.00 787796 10/19/2022 PRINTED 018020 DIXON PEST CONTROL, INC. 180.00 787797 10/19/2022 PRINTED 000946 FIRST AMERICAN TITLE COMP 1,365.00

CITY OF VICTORVILLE
Report generated: 10/27/2022 08:20 Page 6User:

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

AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
787798 10/19/2022 PRINTED 013384 LASTAND, INC. 145.00
787799 10/19/2022 PRINTED 021099 F.M. THOMAS AIR CONDITION 5,603.91 787800 10/19/2022 PRINTED 021500 FORMSTACK ACQUISITION, CO 3,000.00 787801 10/19/2022 PRINTED 000975 FRANKLIN TRUCK PARTS, INC 110.74 787802 10/19/2022 PRINTED 021440 GATEHOUSE MEDIA CALIFORNI 714.49 787803 10/19/2022 PRINTED 021256 GRIFFITH, CARLENE M. 180.00 787804 10/19/2022 PRINTED 007552 GROOVELABS LLC 950.00
787805 10/19/2022 PRINTED 025408 THE HARTFORD - PRIORITY A 681.85 787806 10/19/2022 PRINTED 025408 THE HARTFORD - PRIORITY A 42,450.17 787807 10/19/2022 PRINTED 017053 HIGH DESERT LOCK & SAFE, 768.47 787808 10/19/2022 PRINTED 021441 HENRY SCHEIN, INC. 3,393.94 787809 10/19/2022 PRINTED 001155 HESPERIA HOSE SUPPLY 2,331.42 787810 10/19/2022 PRINTED 004021 HIGH DESERT LASER GRAPHIC 114.19 787811 10/19/2022 PRINTED 017074 HOWER, KENNETH 350.00
787812 10/19/2022 PRINTED 027317 INDUSTRIAL MEDICAL SERVIC 5,785.00 787813 10/19/2022 PRINTED 021522 JAUREGUI, ALEJANDRO 229.02 787814 10/19/2022 PRINTED 001334 JOBS AVAILABLE INC 400.00 787815 10/19/2022 PRINTED 014207 JOHNSON, TYSON A. 682.50 787816 10/19/2022 PRINTED 004807 KONE, INC. 350.00
787817 10/19/2022 PRINTED 018875 KONICA MINOLTA BUSINESS S 790.04 787818 10/19/2022 PRINTED 018875 KONICA MINOLTA BUSINESS S 690.56 787819 10/19/2022 PRINTED 020477 LIFE-ASSIST, INC. 81.56 787820 10/19/2022 PRINTED 015232 LOGICALIS, INC 19,470.63 787821 10/19/2022 PRINTED 017054 LOOPNET, INC. 652.00
787822 10/19/2022 PRINTED 010660 LOVELAND'S AUTOMOTIVE SER 2,991.00 787823 10/19/2022 PRINTED 020519 LUDWIG, MADONNA 204.73 787824 10/19/2022 PRINTED 004292 LU'S LIGHTHOUSE 1,873.29 787825 10/19/2022 PRINTED 001592 MOBILE OCCUPATIONAL SERVI 165.00 787826 10/19/2022 PRINTED 019967 MOJAVE AUTO COLLISION 468.03 787827 10/19/2022 PRINTED 021195 MYTHICS, INC. 986.19
787828 10/19/2022 PRINTED 001648 NAPA AUTO PARTS 4,159.12 787829 10/19/2022 PRINTED 006330 NATIONAL AUTO FLEET GROUP 36,738.04 787830 10/19/2022 PRINTED 006330 NATIONAL AUTO FLEET GROUP 37,173.04 787831 10/19/2022 PRINTED 017450 NUTRIEN AG SOLUTIONS, INC 27,095.51 787832 10/19/2022 PRINTED 021150 ODP BUSINESS SOLUTIONS, L 644.87 787833 10/19/2022 PRINTED 020257 PARK PLACE TECHNOLOGIES 2,217.12 787834 10/19/2022 PRINTED 018519 PARSONS TRANSPORTATION GR 62,385.98 787835 10/19/2022 PRINTED 020977 PATINO, JACOB 100.57
787836 10/19/2022 PRINTED 999990 RIVERA, YOLANDA 50.00
787837 10/19/2022 PRINTED 999990 RODRIGUEZ, TRISTINA 80.00 787838 10/19/2022 PRINTED 017865 REA, LUIS 361.68
787839 10/19/2022 PRINTED 021531 REZEK, RONALD 2,183.15 787840 10/19/2022 PRINTED 025286 SANCHEZ, DONNY 225.00
787841 10/19/2022 PRINTED 017316 SECC CORPORATION 689.88 787842 10/19/2022 PRINTED 018884 FIRST STREET PARENT, INC. 211.47 787843 10/19/2022 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 368,102.60 787844 10/19/2022 PRINTED 014412 SOUTHWEST PIPELINE & TREN 329,915.76 787845 10/19/2022 PRINTED 002269 SUNLAND FORD 7,395.96
787846 10/19/2022 PRINTED 017111 SUTTON, DEREK 350.00
787847 10/19/2022 PRINTED 020635 URENA, JENNIFER 92.64
787848 10/19/2022 PRINTED 013655 WEINBERG, DAYLYNN 225.49 787849 10/19/2022 PRINTED 029510 WEST END MATERIAL SUPPLY 251.52

CITY OF VICTORVILLE
Report generated: 10/27/2022 08:20 Page 7User:

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

AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
787850 10/19/2022 PRINTED 021387 GREEN, KYNUNULA 75.00
787851 10/19/2022 PRINTED 015764 WESTRUX INTERNATIONAL INC 478.36 787852 10/19/2022 PRINTED 021540 DR&G SERIVCES LLC 656.85 787853 10/19/2022 PRINTED 021544 FIRST AMERICAN TITLE CO 14.40 787854 10/19/2022 PRINTED 021545 FIRST AMERICAN TITLE CO 65.57 787855 10/19/2022 PRINTED 021542 FU, WENDY LIWEN 76.48
787856 10/19/2022 PRINTED 021475 GENTRY GENERAL ENGINEERIN 133.68 787857 10/19/2022 PRINTED 021546 GROSSRIEDER, RENE 317.86 787858 10/19/2022 PRINTED 021535 JOHNS, PAUL A. 37.49
787859 10/19/2022 PRINTED 015579 OAKTREE APARTMENTS 74.59 787860 10/19/2022 PRINTED 021277 PAK, CHARLES 10.19
787861 10/19/2022 PRINTED 019845 RICHMOND AMERICAN HOMES 90.22 787862 10/19/2022 PRINTED 014618 RICHMOND, TIAMARIE 15.34 787863 10/19/2022 PRINTED 021541 RUDE, ARTHUR L 21.68
787864 10/19/2022 PRINTED 021538 SHIVE, MELISSA L TRUST 6/ 44.39 787865 10/19/2022 PRINTED 021536 SPILLMAN, KIMBERLY A. 32.00 787866 10/19/2022 PRINTED 021537 THOMPSON, DANIEL 49.81 787867 10/19/2022 PRINTED 021510 VICTOR VALLEY SHOPPING CE 120.00 787868 10/19/2022 PRINTED 021539 WATER TREE TRUST 12/6/21 20.32 787869 10/19/2022 PRINTED 021543 WESTBROOK NATIONAL 12.28 787870 10/26/2022 PRINTED 002336 3M 12,671.00
787871 10/26/2022 PRINTED 016204 4LEAF, INC. 91,265.60
787872 10/26/2022 PRINTED 013312 A & B HITCHES AND MUFFLER 247.80 787873 10/26/2022 PRINTED 021550 AFTERMATH SERVICES LLC. 1,275.00 787874 10/26/2022 PRINTED 005159 AMERICAN WATER WORKS ASSO 7,488.00 787875 10/26/2022 PRINTED 000174 APEX RENTAL 210.38
787876 10/26/2022 PRINTED 000191 APPLIED INDUSTRIAL TECH 124.19 787877 10/26/2022 PRINTED 003042 APPLE VALLEY COMMUNICATIO 122.00 787878 10/26/2022 PRINTED 000290 BATTERY MART OF APPLE VAL 612.93 787879 10/26/2022 PRINTED 019478 BELLGARDT, JACOB 394.99 787880 10/26/2022 PRINTED 019571 MJ AUTO GLASS INC. 585.52 787881 10/26/2022 PRINTED 017353 BOUND TREE MEDICAL, LLC 796.88 787882 10/26/2022 PRINTED 000380 BURRTEC WASTE INDUSTRIES 10,651.62 787883 10/26/2022 PRINTED 000380 BURRTEC WASTE INDUSTRIES 870.79 787884 10/26/2022 PRINTED 028287 CASTELLON, STEPHANIE 50.00 787885 10/26/2022 PRINTED 000618 CDW GOVERNMENT, INC. 1,109.00 787886 10/26/2022 PRINTED 021254 CODING MINDS, INC. 350.00 787887 10/26/2022 PRINTED 014721 CORE & MAIN LP 4,431.63 787888 10/26/2022 PRINTED 017271 D R HORTON AMERICA'S BUIL 2,134.90 787889 10/26/2022 PRINTED 002752 D & H WATER SYSTEMS 5,254.25 787890 10/26/2022 PRINTED 010314 DAVID EVANS AND ASSOCIATE 7,373.50 787891 10/26/2022 PRINTED 016284 DELVALLE, LUIS ANTONIO 90.00 787892 10/26/2022 PRINTED 014737 DITCH WITCH WEST 71.98 787893 10/26/2022 PRINTED 018020 DIXON PEST CONTROL, INC. 834.41 787894 10/26/2022 PRINTED 000133 DMC-DOCUMENT & MIRCROFILM 193.51 787895 10/26/2022 PRINTED 018833 ESTRADA JR., FRANCISCO 407.18 787896 10/26/2022 PRINTED 999978 FIESTA EDUCATIVA, INC 200.00 787897 10/26/2022 PRINTED 002607 FAUST MEDIA SERVICES, LLC 176.81 787898 10/26/2022 PRINTED 021361 FIRST AMERICAN TITLE CO 606.60 787899 10/26/2022 PRINTED 015258 FITZGERALD-GUTIERREZ, JEN 42.00 787900 10/26/2022 PRINTED 000975 FRANKLIN TRUCK PARTS, INC 478.42 787901 10/26/2022 PRINTED 007383 GRAYBAR ELECTRIC CO., INC 70,352.12

CITY OF VICTORVILLE
Report generated: 10/27/2022 08:20 Page 8User:

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

AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
787902 10/26/2022 PRINTED 021186 GREGORY, GORDON 26.82
787903 10/26/2022 PRINTED 021256 GRIFFITH, CARLENE M. 270.00 787904 10/26/2022 PRINTED 999980 HAWKES, KRISTINA 53.00 787905 10/26/2022 PRINTED 999980 HD BULLS 200.00
787906 10/26/2022 PRINTED 020948 HARPER, JAMES JR 372.00 787907 10/26/2022 PRINTED 017053 HIGH DESERT LOCK & SAFE, 354.61 787908 10/26/2022 PRINTED 001155 HESPERIA HOSE SUPPLY 111.31 787909 10/26/2022 PRINTED 001285 INLAND WATER WORKS SUPPLY 312.12 787910 10/26/2022 PRINTED 020596 KECSKES, JEFFREY 50.00 787911 10/26/2022 PRINTED 018875 KONICA MINOLTA BUSINESS S 25.29 787912 10/26/2022 PRINTED 009081 LEE & ASSOCIATES INLAND E 500.00 787913 10/26/2022 PRINTED 020906 LEGENDARY FIRE SYSTEMS, I 1,595.00 787914 10/26/2022 PRINTED 020477 LIFE-ASSIST, INC. 2,452.36 787915 10/26/2022 PRINTED 004292 LU'S LIGHTHOUSE 2,590.37 787916 10/26/2022 PRINTED 021415 MOAT, LEVI 100.00
787917 10/26/2022 PRINTED 001595 MOJAVE BASIN AREA WATERMA 4,758.69 787918 10/26/2022 PRINTED 021534 MORENO, KAYLEE 300.00
787919 10/26/2022 PRINTED 001648 NAPA AUTO PARTS 5,103.55 787920 10/26/2022 PRINTED 007044 NATIONAL CONSTRUCTION REN 856.80 787921 10/26/2022 PRINTED 021023 NEWMAN - HARRISON, SUSAN 4,628.81 787922 10/26/2022 PRINTED 021150 ODP BUSINESS SOLUTIONS, L 509.38 787923 10/26/2022 PRINTED 018455 OWENBY, MATTHEW PAUL 180.00 787924 10/26/2022 PRINTED 019735 PACIFIC UTILITY INSTALLAT 84,550.00 787925 10/26/2022 PRINTED 016198 RETAIL MARKETING SERVICES 1,600.00 787926 10/26/2022 PRINTED 003150 ROBERTSON'S 2,370.53
787927 10/26/2022 PRINTED 002746 ROTO ROOTER PLUMBERS 12,528.00 787928 10/26/2022 PRINTED 999991 SUNDEEN, DESIREE 58.00 787929 10/26/2022 PRINTED 002037 SAN BERNARDINO COUNTY 429.27 787930 10/26/2022 PRINTED 002037 SAN BERNARDINO COUNTY 429.27 787931 10/26/2022 PRINTED 002037 SAN BERNARDINO COUNTY 252.97 787932 10/26/2022 PRINTED 002071 SAN BERNARDINO CO SOLID W 276,253.62 787933 10/26/2022 PRINTED 017535 SCHNEIDER ELECTRIC SYSTEM 12,011.18 787934 10/26/2022 PRINTED 017081 SEDARU, INC. 5,940.00
787935 10/26/2022 PRINTED 007321 SIMPLOT PARTNERS FULLERTO 13,015.20 787936 10/26/2022 PRINTED 016345 NNN INVESTMENTS INC. 49.75 787937 10/26/2022 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 12,270.69 787938 10/26/2022 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 24,875.75 787939 10/26/2022 PRINTED 019732 DUNABLE, WILLIAM F. 3,515.00 787940 10/26/2022 PRINTED 024609 STAPLES BUSINESS ADVANTAG 193.29 787941 10/26/2022 PRINTED 002269 SUNLAND FORD 1,223.20
787942 10/26/2022 PRINTED 021375 TREETOP PRODUCTS, INC. 6,907.20 787943 10/26/2022 PRINTED 027174 TT TECHNOLOGIES, INC. 1,681.10 787944 10/26/2022 PRINTED 016520 UNITED STATES CUSTOMS AND 186.23 787945 10/26/2022 PRINTED 002879 VICTOR VALLEY TRANSIT AUT 215.00 787946 10/26/2022 PRINTED 021549 ZAMORA, MARCOS 50.00
787947 10/26/2022 PRINTED 001104 HAAKER EQUIPMENT CO. 968.09 787948 10/26/2022 PRINTED 016775 INTERWEST CONSULTING GROU 495.00 787949 10/26/2022 PRINTED 013671 WEBB, WILLIAM C 326.47 787950 10/26/2022 PRINTED 003645 CATHCART, MICHAEL 566.35 787952 10/26/2022 PRINTED 021556 AGUILAR, KENIA G 74.58 787953 10/26/2022 PRINTED 021561 CHICAGO TITLE CO 168.98 787954 10/26/2022 PRINTED 003044 CRIST, TONI L 145.50

CITY OF VICTORVILLE
Report generated: 10/27/2022 08:20 Page 9User:

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

AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
787955 10/26/2022 PRINTED 021557 DYLAN JOI INC. 11.50
787956 10/26/2022 PRINTED 018823 GJH DEVELOPMENT INC 169.42 787957 10/26/2022 PRINTED 018823 GJH DEVELOPMENT INC 26.97 787958 10/26/2022 PRINTED 021484 JONES-LEWIS, D MICHELLE 100.00 787959 10/26/2022 PRINTED 021554 MEJIA MEJIA, KRIS ALLEN 48.08 787960 10/26/2022 PRINTED 021552 MILTON, MELVIN C 29.35 787961 10/26/2022 PRINTED 021309 MUNOZ, HECTOR J. 100.47 787962 10/26/2022 PRINTED 021558 RAMIREZ, JAIME 120.81
787963 10/26/2022 PRINTED 021562 RITE WAY SERVICES 143.82 787964 10/26/2022 PRINTED 021559 SPRUCE TITLE CO 209.32 787965 10/26/2022 PRINTED 021563 SPRUCE TITLE CO 127.29 787966 10/26/2022 PRINTED 021560 WFG NATIONAL TITLE CO 20.56 787967 10/26/2022 PRINTED 021553 WU, YANG 111.24
787968 10/26/2022 PRINTED 021555 ZHOU, MEI 65.19
787969 10/26/2022 PRINTED 020337 ZILLOW HOMES PROPERTY TRU 14.32 787970 10/26/2022 PRINTED 020762 OREMOR OF VICTORVILLE, LL 57,500.00 432 CHECKS CASH ACCOUNT TOTAL 8,766,069.82 .00
Wires Initiated through Wells Fargo Bank

DATE OF

WIRE ACCOUNT NAME DESCRIPTION AMOUNT WELLS FARGO BANK
CONF #
10/18/22 BG LAW LLP Stapleton/SCLAA Settlement $ 2,500,000.00 FED:1018I1B7032R009700 10/21/22 STATE STREET BANK MissionSquare Ret Clients 401 $ 251.80 FED:1021I1B7033R001057 10/26/22 VV ELEC REV 2022A Principal and Interest payment $ 786,532.50 FED:1026I1B7031R000675 10/26/22 VV ELEC REV 2022B Principal and Interest payment $ 208,916.33 FED:1026I1B7033R000525 Total: $ 3,495,700.63
Item Number: 6
City Council / Board of Directors
Consent Calendar
Meeting of: November 15, 2022
Submitted By:

John Mendiola, Finance Director / City Treasurer

Subject:

Payroll Warrant List
Recommendation:

That the City Council and Board of Directors ratify Payroll Demand Schedule No. 3C for Payroll Period September 16, 2022, through September 30, 2022, in the amount of $1,898,330.02 covering Check Nos. 33100 through 33113, including Vendor checks.

Please note employee Check No. 33103 has a live Check and an EFT Advice. Also included are Advice Nos. 292816 through 293283, per adopted budget for Fiscal Year 2022-2023 (period covering July 1, 2022, through June 30, 2023).

Fiscal Impact:

A total fiscal impact of $1,898,330.02 is authorized with this action. The attached report details the payments by check numbers.

Discussion:

I hereby certify that the claims or demands covered by the attached list of warrants have been audited as to the accuracy and availability of funds for payment thereof and that said claims or demands are accurate and the funds are available for payment thereof.

Attachments: A. Payroll Report PPE 093022
Attachment A
Payroll Report PPE 093022
City of Victorville Council Payroll Report 10/27/2022Page 1 of 13 City of Victorville
City Council Payroll Report
Payroll Period Beginning: September 16, 2022 through September 30, 2022 Checks
Check Number Employee ID Check Date Total Net
33100 3088 09/30/2022 $3,518.27
33101 3551 10/07/2022 $584.87
33102 3700 10/07/2022 $1,040.69
33103 2705 10/07/2022 $1,170.45
33104 3654 10/07/2022 $810.20
33105 240 10/07/2022 $5.00
33106 787 10/07/2022 $50.00
33107 1145 10/07/2022 $292.77
33108 1182 10/07/2022 $100.00
33109 1182 10/07/2022 $100.00
33110 13491 10/07/2022 $422.31
33111 18154 10/07/2022 $175.00
33112 20821 10/07/2022 $423.00
33113 3665 10/13/2022 $251.64
Checks Total 8,944.20

City of Victorville Council Payroll Report 10/27/2022Page 2 of 13 Advices
Check Number Employee ID Check Date Total Net
33103 2705 10/07/2022 $2,000.00
292816 1117 10/03/2022 $67,063.65
292817 3608 10/07/2022 $2,346.87
292818 1099 10/07/2022 $657.43
292819 3495 10/07/2022 $2,088.51
292820 3597 10/07/2022 $3,479.56
292821 3243 10/07/2022 $3,947.91
292822 2115 10/07/2022 $5,053.05
292823 3142 10/07/2022 $1,644.56
292824 3640 10/07/2022 $1,758.29
292825 3297 10/07/2022 $630.71
292826 3458 10/07/2022 $357.45
292827 3229 10/07/2022 $4,122.57
292828 3283 10/07/2022 $2,525.70
292829 1064 10/07/2022 $6,986.53
292830 2287 10/07/2022 $2,359.98
292831 3467 10/07/2022 $1,992.19
292832 1706 10/07/2022 $4,502.31
292833 2395 10/07/2022 $3,554.17
292834 3625 10/07/2022 $1,795.52
292835 3684 10/07/2022 $2,173.19
292836 2624 10/07/2022 $2,449.78
292837 3043 10/07/2022 $1,926.87
292838 3031 10/07/2022 $2,755.98
292839 1748 10/07/2022 $2,737.33
292840 2361 10/07/2022 $2,155.31
292841 3328 10/07/2022 $2,271.19
292842 3638 10/07/2022 $3,501.92
292843 3502 10/07/2022 $2,124.13
292844 3561 10/07/2022 $2,332.29
292845 1903 10/07/2022 $1,746.70
292846 3616 10/07/2022 $2,341.21
292847 3630 10/07/2022 $1,727.45
292848 3527 10/07/2022 $2,071.49
292849 2682 10/07/2022 $1,797.12
292850 2627 10/07/2022 $2,021.86
292851 2366 10/07/2022 $1,847.09
292852 3643 10/07/2022 $3,415.78
292853 2594 10/07/2022 $2,819.12
292854 2297 10/07/2022 $2,013.07
292855 3516 10/07/2022 $2,615.65
City of Victorville Council Payroll Report 10/27/2022Page 3 of 13 292856 3695 10/07/2022 $1,429.02
292857 2093 10/07/2022 $1,755.85
292858 3697 10/07/2022 $4,873.75
292859 1973 10/07/2022 $3,290.85
292860 2019 10/07/2022 $2,496.35
292861 3494 10/07/2022 $2,409.93
292862 3538 10/07/2022 $1,757.77
292863 2102 10/07/2022 $3,091.92
292864 2233 10/07/2022 $2,607.23
292865 2606 10/07/2022 $2,256.66
292866 3660 10/07/2022 $1,633.54
292867 3046 10/07/2022 $2,087.98
292868 1635 10/07/2022 $4,805.75
292869 3653 10/07/2022 $2,272.26
292870 3327 10/07/2022 $2,127.17
292871 3624 10/07/2022 $2,013.31
292872 3009 10/07/2022 $3,235.38
292873 2618 10/07/2022 $1,783.98
292874 2619 10/07/2022 $2,325.98
292875 2603 10/07/2022 $1,920.02
292876 2491 10/07/2022 $2,403.06
292877 2235 10/07/2022 $3,452.16
292878 2300 10/07/2022 $3,302.99
292879 2655 10/07/2022 $1,738.32
292880 2032 10/07/2022 $3,217.03
292881 2685 10/07/2022 $1,775.58
292882 3521 10/07/2022 $2,283.01
292883 3528 10/07/2022 $2,210.18
292884 3045 10/07/2022 $2,280.70
292885 3499 10/07/2022 $2,261.04
292886 3362 10/07/2022 $2,130.76
292887 2232 10/07/2022 $2,780.57
292888 1957 10/07/2022 $2,327.76
292889 3290 10/07/2022 $2,026.13
292890 3085 10/07/2022 $2,047.30
292891 3246 10/07/2022 $2,995.45
292892 2042 10/07/2022 $4,952.45
292893 3615 10/07/2022 $2,485.44
292894 2323 10/07/2022 $3,289.54
292895 1767 10/07/2022 $2,917.12
292896 3508 10/07/2022 $2,113.53
292897 3682 10/07/2022 $3,193.81
292898 2225 10/07/2022 $3,436.58
292899 3544 10/07/2022 $1,933.44
City of Victorville Council Payroll Report 10/27/2022Page 4 of 13 292900 3221 10/07/2022 $2,795.96
292901 3627 10/07/2022 $2,085.10
292902 1533 10/07/2022 $2,317.37
292903 2833 10/07/2022 $2,088.74
292904 2211 10/07/2022 $4,673.11
292905 3497 10/07/2022 $1,702.13
292906 1426 10/07/2022 $1,065.79
292907 3105 10/07/2022 $1,781.13
292908 2254 10/07/2022 $3,029.33
292909 3618 10/07/2022 $2,183.89
292910 3482 10/07/2022 $1,680.56
292911 3354 10/07/2022 $3,446.02
292912 3011 10/07/2022 $2,096.41
292913 3623 10/07/2022 $1,126.78
292914 3295 10/07/2022 $1,826.05
292915 3184 10/07/2022 $3,129.84
292916 3400 10/07/2022 $2,335.00
292917 3547 10/07/2022 $1,126.78
292918 3673 10/07/2022 $1,126.78
292919 2742 10/07/2022 $2,751.24
292920 3089 10/07/2022 $2,751.89
292921 3641 10/07/2022 $1,611.08
292922 2379 10/07/2022 $2,002.31
292923 3672 10/07/2022 $1,126.78
292924 3634 10/07/2022 $2,624.71
292925 2711 10/07/2022 $1,744.62
292926 3639 10/07/2022 $1,471.86
292927 3586 10/07/2022 $508.36
292928 3190 10/07/2022 $3,020.02
292929 2249 10/07/2022 $4,875.91
292930 3650 10/07/2022 $1,434.98
292931 3393 10/07/2022 $1,684.53
292932 3250 10/07/2022 $1,606.47
292933 3491 10/07/2022 $1,106.06
292934 3548 10/07/2022 $1,126.78
292935 3511 10/07/2022 $2,076.84
292936 3581 10/07/2022 $2,172.10
292937 3396 10/07/2022 $1,916.17
292938 3663 10/07/2022 $1,483.72
292939 3541 10/07/2022 $2,345.15
292940 2499 10/07/2022 $2,954.54
292941 3379 10/07/2022 $2,479.97
292942 3694 10/07/2022 $2,095.31
292943 2105 10/07/2022 $4,547.71
City of Victorville Council Payroll Report 10/27/2022Page 5 of 13 292944 3474 10/07/2022 $1,922.79
292945 2515 10/07/2022 $2,246.53
292946 3636 10/07/2022 $2,514.20
292947 2679 10/07/2022 $2,553.97
292948 3490 10/07/2022 $2,114.87
292949 3475 10/07/2022 $2,589.06
292950 3353 10/07/2022 $2,601.59
292951 3542 10/07/2022 $2,347.57
292952 1955 10/07/2022 $2,047.32
292953 3147 10/07/2022 $2,764.85
292954 1632 10/07/2022 $2,482.94
292955 3692 10/07/2022 $2,353.23
292956 3148 10/07/2022 $2,946.43
292957 3195 10/07/2022 $1,931.38
292958 3602 10/07/2022 $2,238.71
292959 1970 10/07/2022 $2,347.92
292960 1520 10/07/2022 $2,745.30
292961 2605 10/07/2022 $2,023.11
292962 3505 10/07/2022 $4,672.97
292963 2540 10/07/2022 $3,349.27
292964 3522 10/07/2022 $1,779.89
292965 2377 10/07/2022 $2,805.09
292966 1079 10/07/2022 $2,590.28
292967 2312 10/07/2022 $2,881.35
292968 3510 10/07/2022 $1,745.36
292969 3637 10/07/2022 $2,610.04
292970 1901 10/07/2022 $5,882.42
292971 3628 10/07/2022 $2,596.12
292972 3068 10/07/2022 $2,063.63
292973 3633 10/07/2022 $2,405.95
292974 3129 10/07/2022 $3,410.63
292975 1998 10/07/2022 $2,820.21
292976 2376 10/07/2022 $4,316.74
292977 2111 10/07/2022 $3,193.29
292978 3303 10/07/2022 $3,394.44
292979 3558 10/07/2022 $2,544.03
292980 1655 10/07/2022 $3,588.69
292981 3285 10/07/2022 $3,331.23
292982 1529 10/07/2022 $1,895.38
292983 3238 10/07/2022 $3,967.68
292984 3242 10/07/2022 $2,199.95
292985 3346 10/07/2022 $2,074.64
292986 1776 10/07/2022 $3,087.40
292987 3192 10/07/2022 $2,000.92
City of Victorville Council Payroll Report 10/27/2022Page 6 of 13 292988 2798 10/07/2022 $2,378.51
292989 2522 10/07/2022 $1,776.93
292990 3265 10/07/2022 $2,131.28
292991 1503 10/07/2022 $3,052.59
292992 1515 10/07/2022 $2,590.21
292993 2505 10/07/2022 $3,038.03
292994 3299 10/07/2022 $1,714.07
292995 3113 10/07/2022 $2,300.93
292996 1007 10/07/2022 $3,379.73
292997 2343 10/07/2022 $713.74
292998 3273 10/07/2022 $2,324.99
292999 3121 10/07/2022 $1,837.49
293000 3635 10/07/2022 $2,036.25
293001 1497 10/07/2022 $2,522.45
293002 3537 10/07/2022 $2,302.88
293003 2192 10/07/2022 $1,790.84
293004 3685 10/07/2022 $1,126.78
293005 2034 10/07/2022 $2,308.65
293006 2275 10/07/2022 $2,813.82
293007 3380 10/07/2022 $2,232.52
293008 3191 10/07/2022 $2,072.20
293009 2530 10/07/2022 $2,840.07
293010 3496 10/07/2022 $427.92
293011 3051 10/07/2022 $2,067.89
293012 1750 10/07/2022 $2,344.29
293013 2770 10/07/2022 $1,862.97
293014 2228 10/07/2022 $2,217.05
293015 3101 10/07/2022 $2,599.34
293016 3335 10/07/2022 $2,111.02
293017 3611 10/07/2022 $1,214.62
293018 3388 10/07/2022 $1,233.91
293019 1249 10/07/2022 $1,969.76
293020 3284 10/07/2022 $1,911.58
293021 3580 10/07/2022 $1,126.78
293022 3621 10/07/2022 $1,126.78
293023 3270 10/07/2022 $1,760.60
293024 2248 10/07/2022 $1,929.78
293025 3263 10/07/2022 $1,635.95
293026 3622 10/07/2022 $1,028.26
293027 1588 10/07/2022 $2,115.75
293028 2189 10/07/2022 $2,492.27
293029 3560 10/07/2022 $1,668.25
293030 3509 10/07/2022 $2,165.99
293031 3226 10/07/2022 $1,732.17
City of Victorville Council Payroll Report 10/27/2022Page 7 of 13 293032 3257 10/07/2022 $1,790.86
293033 1121 10/07/2022 $2,198.80
293034 2689 10/07/2022 $1,032.75
293035 3149 10/07/2022 $2,536.02
293036 2181 10/07/2022 $2,459.68
293037 1865 10/07/2022 $2,340.30
293038 3479 10/07/2022 $1,137.70
293039 3689 10/07/2022 $998.24
293040 1723 10/07/2022 $10.60
293041 3288 10/07/2022 $1,112.39
293042 3296 10/07/2022 $2,117.99
293043 3572 10/07/2022 $1,229.21
293044 2531 10/07/2022 $3,712.91
293045 1513 10/07/2022 $2,364.06
293046 2118 10/07/2022 $1,160.76
293047 3387 10/07/2022 $1,088.78
293048 3330 10/07/2022 $1,655.78
293049 2681 10/07/2022 $3,239.24
293050 2119 10/07/2022 $1,815.15
293051 1612 10/07/2022 $2,048.01
293052 1282 10/07/2022 $2,572.61
293053 3610 10/07/2022 $1,126.78
293054 3277 10/07/2022 $1,772.21
293055 3287 10/07/2022 $1,883.41
293056 3037 10/07/2022 $1,691.74
293057 1449 10/07/2022 $2,712.46
293058 3481 10/07/2022 $1,112.39
293059 2677 10/07/2022 $4,991.23
293060 3688 10/07/2022 $1,126.78
293061 3341 10/07/2022 $1,854.15
293062 1137 10/07/2022 $1,841.79
293063 2383 10/07/2022 $1,814.32
293064 3687 10/07/2022 $1,126.78
293065 3130 10/07/2022 $1,874.06
293066 2489 10/07/2022 $1,655.96
293067 3361 10/07/2022 $2,106.86
293068 3139 10/07/2022 $1,757.49
293069 3099 10/07/2022 $1,054.05
293070 2696 10/07/2022 $1,827.28
293071 1287 10/07/2022 $2,843.37
293072 3536 10/07/2022 $2,864.19
293073 1254 10/07/2022 $1,980.84
293074 3187 10/07/2022 $1,092.52
293075 2368 10/07/2022 $1,922.30
City of Victorville Council Payroll Report 10/27/2022Page 8 of 13 293076 3095 10/07/2022 $2,203.06
293077 3532 10/07/2022 $1,909.81
293078 3258 10/07/2022 $1,142.93
293079 3100 10/07/2022 $3,000.44
293080 3259 10/07/2022 $1,142.93
293081 3344 10/07/2022 $1,995.72
293082 1338 10/07/2022 $3,455.27
293083 3507 10/07/2022 $1,142.93
293084 2229 10/07/2022 $1,647.41
293085 1049 10/07/2022 $2,298.25
293086 1506 10/07/2022 $1,894.17
293087 1959 10/07/2022 $3,240.62
293088 3004 10/07/2022 $1,799.71
293089 1893 10/07/2022 $1,966.18
293090 3626 10/07/2022 $1,856.92
293091 1581 10/07/2022 $2,615.58
293092 3279 10/07/2022 $1,943.46
293093 2460 10/07/2022 $1,838.52
293094 3671 10/07/2022 $1,648.49
293095 3112 10/07/2022 $1,921.65
293096 2732 10/07/2022 $1,812.37
293097 3338 10/07/2022 $1,201.94
293098 2552 10/07/2022 $1,936.17
293099 2476 10/07/2022 $3,310.48
293100 2279 10/07/2022 $2,560.39
293101 3515 10/07/2022 $4,847.18
293102 3092 10/07/2022 $2,727.78
293103 3138 10/07/2022 $2,684.19
293104 3146 10/07/2022 $2,858.82
293105 2590 10/07/2022 $2,167.57
293106 2748 10/07/2022 $1,955.82
293107 2669 10/07/2022 $3,065.34
293108 2623 10/07/2022 $1,869.50
293109 2637 10/07/2022 $2,306.84
293110 3079 10/07/2022 $1,784.00
293111 2638 10/07/2022 $2,792.26
293112 3513 10/07/2022 $2,033.13
293113 3109 10/07/2022 $2,494.15
293114 2671 10/07/2022 $3,139.11
293115 3019 10/07/2022 $3,535.22
293116 2593 10/07/2022 $2,422.34
293117 3461 10/07/2022 $2,055.80
293118 2626 10/07/2022 $1,816.51
293119 3038 10/07/2022 $2,492.01
City of Victorville Council Payroll Report 10/27/2022Page 9 of 13 293120 3052 10/07/2022 $2,039.45
293121 2290 10/07/2022 $2,017.10
293122 3110 10/07/2022 $2,584.81
293123 2641 10/07/2022 $2,037.02
293124 2612 10/07/2022 $2,379.76
293125 3698 10/07/2022 $1,336.50
293126 2642 10/07/2022 $2,587.18
293127 3331 10/07/2022 $1,762.53
293128 2674 10/07/2022 $2,462.15
293129 3231 10/07/2022 $2,320.57
293130 3228 10/07/2022 $2,628.88
293131 2628 10/07/2022 $3,458.52
293132 3301 10/07/2022 $1,649.74
293133 2630 10/07/2022 $2,741.43
293134 3182 10/07/2022 $2,538.11
293135 2599 10/07/2022 $2,199.88
293136 2683 10/07/2022 $2,050.25
293137 2753 10/07/2022 $2,159.30
293138 2610 10/07/2022 $2,435.95
293139 3323 10/07/2022 $1,739.70
293140 1389 10/07/2022 $3,051.35
293141 3264 10/07/2022 $1,934.94
293142 2808 10/07/2022 $4,016.59
293143 2646 10/07/2022 $2,271.99
293144 3617 10/07/2022 $2,750.32
293145 2600 10/07/2022 $2,369.94
293146 2524 10/07/2022 $2,603.70
293147 2686 10/07/2022 $1,996.07
293148 2193 10/07/2022 $2,340.29
293149 3322 10/07/2022 $2,593.92
293150 3629 10/07/2022 $2,367.15
293151 3230 10/07/2022 $2,881.79
293152 1931 10/07/2022 $2,034.20
293153 2038 10/07/2022 $1,573.76
293154 2339 10/07/2022 $2,367.83
293155 2678 10/07/2022 $3,684.78
293156 3240 10/07/2022 $2,451.95
293157 3215 10/07/2022 $2,804.98
293158 3140 10/07/2022 $1,949.86
293159 3035 10/07/2022 $1,962.46
293160 3651 10/07/2022 $2,045.30
293161 3185 10/07/2022 $2,641.22
293162 1853 10/07/2022 $2,814.90
293163 3645 10/07/2022 $561.66
City of Victorville Council Payroll Report 10/27/2022Page 10 of 13 293164 3503 10/07/2022 $2,722.92
293165 3589 10/07/2022 $735.41
293166 3676 10/07/2022 $330.51
293167 3579 10/07/2022 $401.88
293168 3376 10/07/2022 $3,464.00
293169 3384 10/07/2022 $1,085.49
293170 3386 10/07/2022 $1,947.00
293171 2488 10/07/2022 $962.60
293172 3120 10/07/2022 $972.16
293173 3582 10/07/2022 $1,045.14
293174 3252 10/07/2022 $2,513.42
293175 3070 10/07/2022 $2,226.13
293176 3657 10/07/2022 $915.60
293177 1866 10/07/2022 $1,848.91
293178 3371 10/07/2022 $1,017.52
293179 3674 10/07/2022 $973.05
293180 3655 10/07/2022 $608.63
293181 3656 10/07/2022 $915.60
293182 2478 10/07/2022 $1,059.30
293183 3648 10/07/2022 $274.18
293184 3470 10/07/2022 $237.18
293185 3573 10/07/2022 $1,080.03
293186 3471 10/07/2022 $1,352.80
293187 3531 10/07/2022 $3,831.37
293188 3587 10/07/2022 $915.60
293189 3029 10/07/2022 $1,778.04
293190 3326 10/07/2022 $3,131.73
293191 3649 10/07/2022 $501.96
293192 3609 10/07/2022 $915.60
293193 3492 10/07/2022 $455.58
293194 3691 10/07/2022 $915.60
293195 3576 10/07/2022 $709.30
293196 3647 10/07/2022 $221.60
293197 3566 10/07/2022 $469.48
293198 2006 10/07/2022 $1,370.13
293199 2684 10/07/2022 $1,405.55
293200 1966 10/07/2022 $1,865.36
293201 2204 10/07/2022 $3,084.11
293202 2355 10/07/2022 $2,608.70
293203 3696 10/07/2022 $2,740.04
293204 3500 10/07/2022 $2,348.36
293205 2039 10/07/2022 $1,840.67
293206 3281 10/07/2022 $1,651.24
293207 1990 10/07/2022 $1,745.74
City of Victorville Council Payroll Report 10/27/2022Page 11 of 13 293208 3550 10/07/2022 $1,979.67
293209 2629 10/07/2022 $2,050.60
293210 3348 10/07/2022 $1,636.79
293211 1544 10/07/2022 $2,434.15
293212 3543 10/07/2022 $1,879.37
293213 3107 10/07/2022 $2,138.68
293214 3081 10/07/2022 $2,035.21
293215 3523 10/07/2022 $3,618.22
293216 3271 10/07/2022 $1,785.56
293217 3017 10/07/2022 $4,630.47
293218 3512 10/07/2022 $2,346.56
293219 2027 10/07/2022 $1,282.88
293220 2330 10/07/2022 $3,313.30
293221 2795 10/07/2022 $794.80
293222 1932 10/07/2022 $1,799.13
293223 3437 10/07/2022 $3,042.80
293224 3652 10/07/2022 $2,109.40
293225 3421 10/07/2022 $5,245.11
293226 3439 10/07/2022 $1,991.34
293227 3440 10/07/2022 $6,163.63
293228 3441 10/07/2022 $2,899.52
293229 3473 10/07/2022 $8,830.55
293230 3406 10/07/2022 $8,656.76
293231 3422 10/07/2022 $2,998.63
293232 3407 10/07/2022 $1,025.10
293233 3442 10/07/2022 $3,425.63
293234 3368 10/07/2022 $1,426.24
293235 3433 10/07/2022 $5,391.39
293236 3469 10/07/2022 $3,622.87
293237 3424 10/07/2022 $6,624.84
293238 3414 10/07/2022 $4,931.35
293239 3443 10/07/2022 $3,016.62
293240 3600 10/07/2022 $4,633.87
293241 3598 10/07/2022 $4,711.80
293242 3418 10/07/2022 $5,166.37
293243 3444 10/07/2022 $2,540.87
293244 3583 10/07/2022 $7,746.29
293245 3585 10/07/2022 $3,471.54
293246 3594 10/07/2022 $6,218.13
293247 1718 10/07/2022 $5,632.22
293248 3409 10/07/2022 $4,720.88
293249 3426 10/07/2022 $5,176.95
293250 3642 10/07/2022 $3,305.32
293251 3584 10/07/2022 $3,679.12
City of Victorville Council Payroll Report 10/27/2022Page 12 of 13 293252 3410 10/07/2022 $4,362.23
293253 3447 10/07/2022 $3,904.67
293254 3427 10/07/2022 $6,264.60
293255 3607 10/07/2022 $3,537.26
293256 3411 10/07/2022 $5,007.29
293257 3448 10/07/2022 $2,222.30
293258 3571 10/07/2022 $2,189.21
293259 3518 10/07/2022 $1,854.43
293260 3449 10/07/2022 $5,315.04
293261 3428 10/07/2022 $6,752.73
293262 3429 10/07/2022 $3,889.36
293263 3455 10/07/2022 $3,580.87
293264 3451 10/07/2022 $4,440.90
293265 3595 10/07/2022 $4,447.93
293266 3430 10/07/2022 $5,072.13
293267 3452 10/07/2022 $4,111.05
293268 3417 10/07/2022 $1,678.07
293269 3431 10/07/2022 $4,790.61
293270 3419 10/07/2022 $2,942.82
293271 3524 10/07/2022 $5,832.37
293272 3412 10/07/2022 $4,686.54
293273 3420 10/07/2022 $3,949.43
293274 3378 10/07/2022 $4,073.39
293275 3435 10/07/2022 $4,168.11
293276 3432 10/07/2022 $3,932.28
293277 3408 10/07/2022 $3,204.05
293278 3445 10/07/2022 $2,771.95
293279 3456 10/07/2022 $5,032.78
293280 3591 10/07/2022 $3,353.31
293281 3392 10/07/2022 $3,667.41
293282 2210 10/07/2022 $2,996.64
293283 3434 10/07/2022 $2,793.24
Advices Total 1,223,121.58
City of Victorville Council Payroll Report 10/27/2022Page 13 of 13 Electronic Vendor Payments
Vendor Check Date Total Gross
IRS 9/23/2022 $6.38
IRS 10/3/2022 $24,655.26
IRS 10/7/2022 $201,540.18
State Taxes 10/3/2022 $6,466.77
State Taxes 10/7/2022 $57,502.88
CASDU 10/7/2022 $4,392.35
Deferred Comp (457) 10/4/2022 $15,750.00
Deferred Comp (457) 10/7/2022 $1,150.00
Deferred Comp (457) 10/11/2022 $73,544.45
Deferred Comp (401a) 10/12/2022 $251.80
PERS 10/14/2022 $278,064.17
VV Professional Firefighters 10/5/2022 $2,940.00
Electronic Vendor Payments Total 666,264.24
Item Number: 7
City Council / Board of Directors
Consent Calendar
Meeting of: November 15, 2022
Submitted By:

John Mendiola, Finance Director / City Treasurer

Subject:

Quarterly Investment Report as of September 30, 2022
Recommendation:

That the City Council/Board of Directors receive and file the attached Quarterly Investment Report as of September 30, 2022.

Fiscal Impact:

There is no fiscal impact associated with this item. This is a report of cash and investments held by the City to be provided quarterly to the City Council/Board of Directors to receive and file.

Background:

The City Treasurer is to provide the City Council/Board of Directors a quarterly report of investments, as stated in California Government Code Section 53646.

Discussion:

In accordance with the City’s Investment Policy and California Government Code Section 53646, the City Treasurer shall prepare a Quarterly Investment Report, with interim reports as may be requested by the City Council/Board of Directors or deemed as appropriate by the City Treasurer. This report shall include a management summary that provides a status of the current investment portfolios.

Below is a summary of the City’s investment performance for the last five fiscal years and the average yield of the five fiscal years. A large portion of the City’s funds are held in Local Agency Investment Fund (LAIF) accounts and are classified as cash since the City can access these funds at any time. The majority of the funds held in the Trustee Accounts are reserve funds for the City’s bond issuances and are required to be held with the trustee until the bond’s final maturity date. The detail of these investments can be 2 8
5 5
found in the Quarterly Investment Reports. Staff is available to answer any questions the City Council/Board of Directors may have.

Average Annual Yield Past 5 Fiscal Years & 5-Year Average

Fiscal Year:

Investment Type
2017/18 2018/19 2019/20 2020/21 2021/22
5-Year
Avg
LAIF/Bank Accounts
(Cash) 1.24% 2.10% 1.71% 0.54% 0.34% 1.19%
Trustee Accounts
(Bond Reserve Funds) 1.37% 2.14% 0.85% 0.13% 0.48% 0.99%

Attachments: A. Quarterly Investment Report as of September 30, 2022

Item Number: 8
City Council / Board of Directors
Consent Calendar
Meeting of: November 15, 2022
Submitted By:

Jorge Duran, Code Enforcement Official

Subject:

Code Compliance Department Fiscal Year 2022/2023 Quarter 1 Activity Reports Recommendation:

That the Honorable City Council review and file.

Fiscal Impact:

There is no fiscal impact associated with the staff recommendation.

Background:

Staff compiled the attached Code Compliance Department Activity Reports consisting of the Code Compliance Division and Animal Care and Control Division statistics for the 1st fiscal quarter of fiscal year 2022/2023.

Discussion:

The attached Code Compliance Department reports include information relating to compliance efforts for the first quarter of fiscal year 2022/2023 (July 1, 2022 - September 30, 2022). The reports highlight efforts in compliance activity related to land use, public nuisances, parking, homeless outreach and clean-up efforts, animal care and control programs, field activity resident service calls and animal licensing Attachments: A. Code Compliance Division Activity Report, Q1 FY 2022-2023 B. Animal Care & Control Division Activity Report, Q1 FY 2022-2023

ATTACHMENT A

Current Staff Levels
• 1 Code Enforcement Official
• 2 Supervisors
• 7 Code Enforcement Officer II
(2 assigned to the Homeless Engagement Team)
• 2 Code Enforcement Officer I
• 3 Technicians
Fiscal Year 2023, Qt. 1, July 1—September 30
In this Quarterly Report
Current Recruitments
• 1 Enforcement Manager
• 4 Code Enforcement Officer II
• 1 Code Enforcement Officer I
Enforcement Type Comparison Page 4
Staff Levels & Fiscal Year Stats Page 1
Case Types & Enforcement Tasks Page 2
Case Type Comparison Page 3
Rental Inspection Comparison Page 5
Business License Comparison Page 5
Homeless Outreach Page 7
Parking Enforcement Comparison Page 6

• CEBL - Business License
• CEPK - Parking
• CEWA - Weed Abatement
• CODE - Property Maintenance
Case Types & Enforcement Tasks

Case Type - Fiscal Year Comparison
New case type, CEPK (parking enforcement), was implemented in the 4th quarter of Fiscal Year 2022.

Enforcement Type - Fiscal Year Comparison

Rental Property Inspections / Issued Business Licenses - Comparison

Parking Enforcement - Fiscal Year Comparison

Homeless Outreach Surveys 7/1/2022 - 9/30/2022
• 206 outreach surveys were completed in the field during this time period. • 270 call-ins were received from homeless individuals seeking shelter at High Desert Homeless Services (HDHS) during this time period.
• 91 referrals were issued to High Desert Homeless Services (HDHS) by Code Enforce- ment’s Homeless Engagement Team (HET) during the first quarter of fiscal year 2023.

Fiscal Year 2023, Qt. 1
Encampment Locations - Shelter Offered

ATTACHMENT B

Staff Levels Page 1
Case Counts Page 1
Highlights Page 2
Dog Licenses Page 3
Notable Calls Page 4
In this Quarterly Report:

Quarterly Update FY 2023/ Quarter 1

Current Staffing Levels
Filled Positions
1 Lead Animal Control Officer
5 Animal Control Officers
2 Animal Control Technicians

Open Position Status
1 Enforcement Manager
(Recruitment in process)
2 Animal Control Supervisors
(Recruitment in process)

Animal Control Vehicles
4 Trucks - Active Fleet
1 Truck - In Process
Quarter 1 of the new fiscal year is already showing records breaking case intake with current numbers surpassing 2021 by 20% and 2020 case numbers by 80%.

Project Updates Page 4
12 23
35 48
72 Quarter 1 Case Count vs 2022 Year to Date Case Count 2,037
5,199
.

City Dog
License Fun
Facts

Most Common Breed
Licensed in Victorville
Chihuahua

Most Common Pet
Names
In Victorville
Bella
Max

Age of Oldest Dog
Licensed in Victorville
Almost 21 years
old

Longest Maintained
License in Victorville
2004 - Poodle

Notable Cases and Causes Notable Cases and Causes
 An Animal Control Officer received a call for animal cruelty and neglect on two dogs that had been dangerously tethered in their backyard with one having visible neck wounds. When the Officer responded, the collar appeared to be imbedded long term into the neck of the animal causing open wounds and severe infection. The dog was taken in for surgery, to cleanse, stitch, and repair the damage. The case has been sent to the District Attorney for consideration. Both dogs were adopted out to loving homes though Victor Valley Animal Protective League.
 Natural wild life has recently taken an interest in education, visiting a number of public schools. During this quarter, several bats, racoons, opossums, and snakes have been re- moved from school grounds throughout the city.
 The city gained a new resident, a 110 lb African Sulcata Tortoise. The owner found that the tortoise was a little unsure of his new residence, and was apt to try and escape. After three adventures throughout the neighborhood, the new resident seems to have finally decided to stay home.
 An animal safety presentation was conducted for the summer Kids Club at Doris Davies Park. Four dozen children participated in the educational program learning about an Animal Control Officers duties, local wild life, how to properly care for animals, and how to avoid being bitten. The program was highly enjoyed by the children and staff at Kids Club.  Animal Care & Control received a generous donation of animal food from Victor Valley Animal Protective League. Considering the current surplus of our animal food inventory , the food was graciously passed along to the Victor Valley Rescue Mission to support animal owners through this organization.

Shelter Animal Housing Update
• The animal housing at the temporary shelter
celebrated a new milestone with all dog kennels
being filled with resident dogs. With a generous
grant from San Manuel Band of Mission Indians,
Animal Care & Control was able to repurpose a
modular building for the safe and comfortable
animal housing at the Interim Shelter at
Westwinds Sports Center. Having onsite animal
housing available reduces barriers for homeless
animal owners seeking shelter while maintaining
their pets. The animal kennel project, since start
up in March, has housed 14 dogs and 1 cat.

Item Number: 9
City Council / Board of Directors
Consent Calendar
Meeting of: November 15, 2022
Submitted By:

Joe Slegers, Building Official

Subject:

Building Division Quarterly Activity Report
Recommendation:

That the Honorable City Council review and file.

Fiscal Impact:

None.

Background:

Staff has compiled the attached Building Division Activity Report for the third quarter of calendar year 2022.

Discussion:

The attached Building Division Activity Report included information regarding permit activity and revenue for single family residences, new commercial construction, and miscellaneous issued and finaled permits.

Attachments: A. Building Division Activity Report - Q3 2022

Attachment
A
City of Victorville
Building Department
Building Division
Submitted by
Joseph Slegers
Building Official
September 2022 Year-to-Date
Monthly Report Summary
Year-to-Date Report of New Construction Permits Issued
Year-to-Date Report of New Construction Permits Finaled Year-to-Date Report of Miscellaneous Permits Finaled
Year-to-Date Report of Permit Revenue
Year-to-Date Summaries of Permit Activity
City of Victorville
Building Department
Building Division
Year-to-Date Report of New Construction Permits Issued
0 20
40 60
80 100
120
140
January February March April May June July August September 69 15
43 39
60 69
84 68
124
53 58
117
55 86
41 20
41 37
2021 2022
Single Family Residences - Prior Year Comparison
Year-to-Date Permits Issued
2021: 571
2022: 508
0 0.4

0.8 1.2

1.6 2

2.4 2.8

3.2 January February March April May June July August September 2 0
1 0
1 1
0 0
1 0
2 2
3 3
2 0
1 0
2021 2022
Commercial - Prior Year Comparison
Year-to-Date Permits Issued
2021: 6
2022: 13

Page 2 of 16 ends

City of Victorville
Building Department
Building Division
Year-to-Date Report of New Construction Permits Issued
Category Quantity Valuation
January
Single Family Residences 53 $16,264,404
February
Commercial 2 $2,669,748
Single Family Residences 58 $18,656,422
March
Commercial 2 $571,064
Single Family Residences 117 $41,504,139
April
Commercial 3 $1,022,991
Single Family Residences 55 $19,587,567
May
Commercial 3 $7,254,261
Single Family Residences 86 $31,368,792
June
Commercial 2 $1,476,103
Single Family Residences 41 $15,418,391
July
Single Family Residences 20 $5,312,110
August
Commercial 1 $728,946
Single Family Residences 41 $13,969,087
September
Single Family Residences 37 $13,144,458
Year-to-Date Total: 521 $188,948,484

Page 3 of 16 ends

City of Victorville
Building Department
Building Division
Year-to-Date Report of New Construction Permits Finaled 0 20
40 60
80 100
January February March April May June July August September 32 47
82 34
72 61
43 26
51 39
80 77
63 82
84 47
56 66
2021 2022
Single Family Residence - Prior Year Comparison
Year-to-Date Permits Finaled
2021: 448
2022: 594
0 0.4

0.8 1.2

1.6 2
January February March April May June July August September 0 2
0 0
1 1 1 1 11 1 1
0 1
2 0 0
1 2021 2022
Commercial - Prior Year Comparison
Year-to-Date Permits Finaled
2021: 7
2022: 7

Page 4 of 16 ends

City of Victorville
Building Department
Building Division
Year-to-Date Report of New Construction Permits Finaled Category Quantity Valuation
January
1Commercial $366,799.10
39Single Family Residence $11,436,200.86
40 $11,803,000
February
1Commercial $993,577.92
80Single Family Residence $25,318,243.60
81 $26,311,822
March
1Commercial $119,727.66
77Single Family Residence $23,227,572.26
78 $23,347,300
April
63Single Family Residence $19,283,191.45
63 $19,283,191
May
1Commercial $1,166,370.80
82Single Family Residence $25,170,280.14
83 $26,336,651
June
2Commercial $431,778.10
84Single Family Residence $27,336,077.84
86 $27,767,856
July
47Single Family Residence $16,131,329.74
47 $16,131,330
August
56Single Family Residence $19,394,251.62
56 $19,394,252

Page 5 of 16 ends

Category Continued Quantity Cont. Valuation Cont.

City of Victorville
Building Department
Building Division

Year-to-Date Report of New Construction Permits Finaled September
1Commercial $10,000.00
66Single Family Residence $22,762,134.01
67 $22,772,134
Year-to-Date Total: 601 $193,147,535

Page 6 of 16 ends

City of Victorville
Building Department
Building Division
Year-to-Date Report of Miscellaneous Permits Finaled
0 40
80 120
160
200
240
280
320
January February March April May June July August September 260
256
195
203
200
254
241
282
276
256
251
308
277
229
262
222
289
270
2021 2022
Miscellaneous Permits Finaled - Prior Year Comparison
Year-to-Date Permits Finaled
2021: 2167
2022: 2364

Page 7 of 16 ends

City of Victorville
Building Department
Building Division
Year-to-Date Report of Miscellaneous Permits Finaled
Category Quantity
January
1Building (Residential) - Addition
7Building (Residential) - Alteration/Remodel/Fire Damage Repair
1Building (Non-Residential) - Cell Tower
41Mechanical (Residential) - HVAC Changeout/Repair
10Pool - In Ground
22Building (Residential) - Patio Cover
107Electrical (Residential) - Photovoltaic System
6Building (Residential) - Roof
1Demolition - Single Family Residential
5Building (Non-Residential) - Tenant Improvement/Alteration 55Plumbing (Residential) - Water Heater
256
February
8Building (Residential) - Alteration/Remodel/Fire Damage Repair
1Building (Non-Residential) - Cell Tower
57Mechanical (Residential) - HVAC Changeout/Repair
9Pool - In Ground
1Demolition - Non-Residential
14Building (Residential) - Patio Cover
95Electrical (Residential) - Photovoltaic System
10Building (Residential) - Roof
1Demolition - Single Family Residential
4Building (Non-Residential) - Tenant Improvement/Alteration 51Plumbing (Residential) - Water Heater
251

Page 8 of 16 ends

Quantity ContinuedCategory Continued
City of Victorville
Building Department
Building Division

Year-to-Date Report of Miscellaneous Permits Finaled
March
6Building (Residential) - Alteration/Remodel/Fire Damage Repair
82Mechanical (Residential) - HVAC Changeout/Repair
9Pool - In Ground
16Building (Residential) - Patio Cover
123Electrical (Residential) - Photovoltaic System
11Building (Residential) - Roof
1Demolition - Single Family Residential
3Building (Non-Residential) - Tenant Improvement/Alteration 57Plumbing (Residential) - Water Heater
308
April
4Building (Residential) - Alteration/Remodel/Fire Damage Repair
2Building (Non-Residential) - Cell Tower
76Mechanical (Residential) - HVAC Changeout/Repair
11Pool - In Ground
11Building (Residential) - Patio Cover
137Electrical (Residential) - Photovoltaic System
12Building (Residential) - Roof
3Demolition - Single Family Residential
1Building (Non-Residential) - Tenant Improvement/Alteration 20Plumbing (Residential) - Water Heater
277

Page 9 of 16 ends

Quantity ContinuedCategory Continued
City of Victorville
Building Department
Building Division

Year-to-Date Report of Miscellaneous Permits Finaled
May
1Pool - Above Ground Pool/Spa
9Building (Residential) - Alteration/Remodel/Fire Damage Repair
42Mechanical (Residential) - HVAC Changeout/Repair
5Pool - In Ground
17Building (Residential) - Patio Cover
126Electrical (Residential) - Photovoltaic System
14Building (Residential) - Roof
1Demolition - Single Family Residential
5Building (Non-Residential) - Tenant Improvement/Alteration 9Plumbing (Residential) - Water Heater
229
June
4Building (Residential) - Addition
9Building (Residential) - Alteration/Remodel/Fire Damage Repair
1Building (Non-Residential) - Cell Tower
40Mechanical (Residential) - HVAC Changeout/Repair
16Pool - In Ground
1Demolition - Non-Residential
23Building (Residential) - Patio Cover
144Electrical (Residential) - Photovoltaic System
11Building (Residential) - Roof
7Building (Non-Residential) - Tenant Improvement/Alteration 6Plumbing (Residential) - Water Heater
262

Page 10 of 16 ends

Quantity ContinuedCategory Continued
City of Victorville
Building Department
Building Division

Year-to-Date Report of Miscellaneous Permits Finaled
July
1Pool - Above Ground Pool/Spa
8Building (Residential) - Alteration/Remodel/Fire Damage Repair
28Mechanical (Residential) - HVAC Changeout/Repair
3Pool - In Ground
1Demolition - Non-Residential
14Building (Residential) - Patio Cover
140Electrical (Residential) - Photovoltaic System
3Building (Residential) - Roof
4Building (Non-Residential) - Tenant Improvement/Alteration 20Plumbing (Residential) - Water Heater
222
August
1Pool - Above Ground Pool/Spa
1Building (Residential) - Addition
7Building (Residential) - Alteration/Remodel/Fire Damage Repair
1Building (Non-Residential) - Cell Tower
28Mechanical (Residential) - HVAC Changeout/Repair
15Pool - In Ground
24Building (Residential) - Patio Cover
196Electrical (Residential) - Photovoltaic System
7Building (Non-Residential) - Roof
1Demolition - Single Family Residential
3Building (Non-Residential) - Tenant Improvement/Alteration 5Plumbing (Residential) - Water Heater
289

Page 11 of 16 ends

Quantity ContinuedCategory Continued
City of Victorville
Building Department
Building Division

Year-to-Date Report of Miscellaneous Permits Finaled
September
6Building (Residential) - Alteration/Remodel/Fire Damage Repair
3Building (Non-Residential) - Cell Tower
28Mechanical (Residential) - HVAC Changeout/Repair
8Pool - In Ground
19Building (Residential) - Patio Cover
180Electrical (Residential) - Photovoltaic System
15Building (Residential) - Roof
4Building (Non-Residential) - Tenant Improvement/Alteration 7Plumbing (Residential) - Water Heater
270
Year-to-Date Total: 2,364

Page 12 of 16 ends

City of Victorville
Building Department
Building Division
Year-to-Date Summaries of Permit Activity (01/01/2022 TO 09/30/2022) 167
Building (Non-Residential)
982
Building (Residential)
14 Demolition
41 Electrical (Non-Residential)
1,675
Electrical (Residential)
197
Fence/Wall
8 Grading (Non-Residential)
2 Grading (Residential)
8 Mechanical (Non-Residential)
383
Mechanical (Residential)
11 Plumbing (Non-Residential)
289
Plumbing (Residential)
84 Pool
46 Sign
Building (Non-Residential) 4.3%
Building (Residential) 25.1%
Demolition 0.4%
Electrical (Non-Residential) 1.0%
Electrical (Residential) 42.9%
Fence/Wall 5.0%
Grading (Non-Residential) 0.2%
Grading (Residential) 0.1%
Mechanical (Non-Residential) 0.2%
Mechanical (Residential) 9.8%
Plumbing (Non-Residential) 0.3%
Plumbing (Residential) 7.4%
Pool 2.1%
Sign 1.2%
Total: 100.0%
Permits Applied For By Permit Type
169
Building (Non-Residential)
948
Building (Residential)
12 Demolition
28 Electrical (Non-Residential)
1,731
Electrical (Residential)
192
Fence/Wall
11 Grading (Non-Residential)
4 Mechanical (Non-Residential)
378
Mechanical (Residential)
9 Plumbing (Non-Residential)
278
Plumbing (Residential)
82 Pool
45 Sign
Building (Non-Residential) 4.3%
Building (Residential) 24.4%
Demolition 0.3%
Electrical (Non-Residential) 0.7%
Electrical (Residential) 44.5%
Fence/Wall 4.9%
Grading (Non-Residential) 0.3%
Grading (Residential) 0.0%
Mechanical (Non-Residential) 0.1%
Mechanical (Residential) 9.7%
Plumbing (Non-Residential) 0.2%
Plumbing (Residential) 7.2%
Pool 2.1%
Sign 1.2%
Total: 100.0%
Permits Issued By Permit Type

Page 13 of 16 ends

City of Victorville
Building Department
Building Division
Year-to-Date Summaries of Permit Activity (01/01/2022 TO 09/30/2022) $1,602K
Building (Non-Residential)
$13,657K
Building (Residential)
$3K
Demolition
$16K
Electrical (Non-Residential)
$435K
Electrical (Residential)
$152K
Fence/Wall
$5K
Grading (Non-Residential)
$0K
Grading (Residential)
$1K
Mechanical (Non-Residential)
$41K
Mechanical (Residential)
$7K
Plumbing (Non-Residential)
$51K
Plumbing (Residential)
$40K
Pool
Building (Non-Residential) 10.0%
Building (Residential) 85.2%
Demolition 0.0%
Electrical (Non-Residential) 0.1%
Electrical (Residential) 2.7%
Fence/Wall 0.9%
Grading (Non-Residential) 0.0%
Grading (Residential) 0.0%
Mechanical (Non-Residential) 0.0%
Mechanical (Residential) 0.3%
Plumbing (Non-Residential) 0.0%
Plumbing (Residential) 0.3%
Pool 0.2%
Sign 0.1%
Total: 100.0%
Invoiced Permit Revenue By Permit Type
100
Building (Non-Residential)
990
Building (Residential)
11 Demolition
14 Electrical (Non-Residential)
1,293
Electrical (Residential)
142
Fence/Wall
8 Grading (Non-Residential)
2 Mechanical (Non-Residential)
420
Mechanical (Residential)
7 Plumbing (Non-Residential)
327
Plumbing (Residential)
89 Pool
34 Sign
Building (Non-Residential) 2.9%
Building (Residential) 28.8%
Demolition 0.3%
Electrical (Non-Residential) 0.4%
Electrical (Residential) 37.6%
Fence/Wall 4.1%
Grading (Non-Residential) 0.2%
Grading (Residential) 0.0%
Mechanical (Non-Residential) 0.1%
Mechanical (Residential) 12.2%
Plumbing (Non-Residential) 0.2%
Plumbing (Residential) 9.5%
Pool 2.6%
Sign 1.0%
Total: 100.0%
Permits Finaled By Permit Type

Page 14 of 16 ends

City of Victorville
Building Department
Building Division
Year-to-Date Report of Permit Revenue
0K 100K 200K 300K 400K 500K 600K 700K
January
February
March
April
May
June
July
August
September
$200,999
$198,565
$225,617
$259,043
$495,429
$319,205
$321,953
$605,522
$381,510
$258,152
$184,672
$524,773
$289,088
$345,486
$383,767
$127,387
$287,766
$173,383
2021 2022
Permit Revenue - Prior Year Comparison
Year-to-Date Totals
2021: $3,007,842.46
2022: $2,574,473.12

Page 15 of 16 ends

City of Victorville
Building Department
Building Division
Monthly Report of Permit Inspections
0 400
800
1200
1600
2000
2400
2800
January February March April May June July August September 2,354
2,044
2,533
1,968
2,326
1,893
1,751
2,104
1,732
1,629
1,480
1,796
1,412
1,656
1,391
1,251
1,487
1,291
Monthly Inspections Monthly Stops
Monthly Inspection Report

Page 16 of 16 ends

Item Number: 10
City Council / Board of Directors
Consent Calendar
Meeting of: November 15, 2022
Submitted By:

Andre de Bortnowsky, City Attorney

Subject:

Settlement Agreement between the City of Victorville and Alex Mandoyan Recommendation:

That the Honorable City Council approve the Citation Settlement Agreement by and between Alex Mandoyan and the City of Victorville in regard to Citation No. 25861 and Superior Court Case No. CIVSB2200951.

Fiscal Impact:

The City recovered its abatement costs of $4,451.01 in September 2021. This amount was allocated to the account as reflected below:

Account No. Description Amount
1004030-44350 Code Compliance – Cost Recovery $4,451.01 The City will recover the sum of $40,000 in fines on the Citation, payable in two (2) $20,000 payments; the first within 7 days of full execution of this agreement and the second within 60 days following the payment of the first payment. This amount will be allocated to the account as reflected below:

Account No. Description Amount
1004030-47140 Code Compliance – Admin. Citation Fees $40,000.00 Background:

On December 17, 2019, the City of Victorville (“City”) adopted Ordinance No. 2400 amending the Victorville Municipal Code (“VMC”) to include section 13.150.060. VMC section 13.150.060 became effective on January 1, 2020 and provides an administrative citation and fine structure for excess cannabis cultivation within the City limits. The State of California allows for the cultivation of up to six (6) cannabis plants at a residential 2 8
5 8
property. VMC section 13.150.060(c) prohibits cultivation of cannabis in excess of six (6) allowable cannabis plants.

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

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

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

Discussion:

Alex Mandoyan owns a commercial property in the City of Victorville at 16424 Victor Street (“Property”). An excess cannabis cultivation operation was found inside the property in August 2021. The City issued citation No. 25861 for the violation of the VMC Section 13.150.060(c). The City’s Code Compliance, Police and Building Departments abated the dangerous conditions present at Mr. Mandoyan’s property. Mr. Mandoyan desires to settle the ongoing court case associated with his appeal of Citation No. 25861 issued by the City. Pursuant to Closed Session discussions on September 20, 2022, Mr.

Mandoyan has accepted the terms of the settlement agreement where he will pay to the City the sum of $40,000.00 and the City will waive the penalties, interests or other fees that have accrued since the issuance of the citation. Mr.Mandoyan will dismiss court case CIVSB2200951 with prejudice. Mr. Mandoyan previously paid the City’s abatement costs in September of 2021 and no further amount is due. In addition, Mr. Mandoyan has brought his property up to code and has finalized all of the building permits issued in connection with the renovation of the property.

Staff and the City Attorney’s office recommend approval of the attached Citation Settlement Agreement as it is consistent with the Council direction given at its September 20, 2022, Closed Session meeting.
2 8
5 8
Attachments: A. Citation Settlement Agreement

ATTACHMENT A

SECTION 6. JOINTLY DRAFTED
It is agreed to by and between the Parties that his Agreement was jointly negotiated and jointly drafted by the Parties, and that it shall not be interpreted or construed in favor or against either party on the ground that said party drafted the Agreement. The language of this Agreement shall be construed as a whole according to its fair and logical meaning and not strictly for or against any of the Parties.

SECTION 7. RIGHT TO SEEK INDEPENDENT LEGAL COUNSEL
Each Party acknowledges that it has had the right to retain independent legal counsel if its own choice throughout all of the negotiations which preceded the execution of this Agreement, and that each Party has executed this Agreement voluntarily and with a full understand of each and every term of the Agreement whether or not with the consent and on the advice of such independent legal counsel.

SECTION 8. SEVERABILITY
If any part of this Agreement is said to be unlawful or not effective, the remainder of this Agreement shall remain in full force and effect.

SECTION 9. COUNTERPARTS
This Agreement may be executed in one or more identical counterparts, each of which shall be deemed to be an original hereof. Signatures via facsimile or otherwise transmitted electronically are authorized and shall be deemed to e an original hereof.

Signatures via facsimile or otherwise transmitted electronically are authorized and shall be deemed original signatures.

CITATION SETTLEMENT AGREEMENT
5 Item Number: 11
City Council / Board of Directors
Consent Calendar
Meeting of: November 15, 2022
Submitted By:

Jennifer Thompson, City Clerk

Subject:

Minutes of the August 16, 2022, and September 6, 2022, Regular City Council Meetings Recommendation:

That the Honorable City Council approve the minutes of the Regular City Council Meetings held on August 16, 2022, and September 6, 2022 Fiscal Impact:

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

Attachments: A. Minutes of the August 16, 2022, Regular City Council Meeting B. Minutes of the September 6, 2022, Regular City Council Meeting Attachment A

City Council Chambers
14343 Civic Drive
Victorville, CA
www.victorvilleca.gov

VICTORVILLE CITY COUNCIL

VICTORVILLE LIBRARY BOARD OF TRUSTEES

SOUTHERN CALIFORNIA LOGISTICS RAIL AUTHORITY

SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

THE CITY AS HOUSING ASSETS SUCCESSOR

JOINT POWERS FINANCING AUTHORITY

VICTORVILLE WATER DISTRICT

Regular Meeting Minutes
Tuesday, August 16, 2022
5:00 p.m. Closed Session
6:00 p.m. Regular Session

5:00 p.m. Closed Session

Call to Order

Roll Call

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

Absent: None

Introduction to Public Comments

Mayor Jones provided an opening statement regarding public comments.

Public Comments for Closed Session Items

The following people spoke:

Blanca Gomez spoke on items A and B

Declaration of Closed Session Item(s) by City Attorney

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

CITY COUNCIL

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

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

Recess to Closed Session

6:00 p.m. Regular Session

Call to Order

Roll Call

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

Absent: None

Also Present:

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

Closed Session Announcements by the City Attorney

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

Invocation: Pastor Mike Roberts of High Desert Church

Pledge of Allegiance: Police Captain, John Wickum

Proclamations/Special Presentations

2022 Fireworks Enforcement Program presented by Code Enforcement Official Jorge Duran.

City Clerk Presents Agenda/Revisions to Agenda

Agenda presented with no revisions reported.

Conflict of Interest Declarations

There were no conflicts of interest reported.

Introduction to Public Comments

Mayor Jones provided an opening statement regarding public comments.

Public Comments

The following people spoke:

Henry Hernandez spoke on general items

Dave Gross spoke on general items

Brendan O’Brian spoke on general items

DeAnn Hudgens spoke on general items

Blanca Gomez spoke on general items

Maggie Martin spoke on general items

PUBLIC HEARING(S)

1. Award of Construction Contract – Pipeline Replacement Project – Area 1 and 2

Recommendation:

That the Honorable Board of Directors:
(1) Open and conduct the Public Hearing;
(2) Close the Public Hearing;
(3) Approve the Notice of Exemption; and
(4) Award a construction contract to DDH Apple Valley Construction in the amount of $5,291,906.00 for the Pipeline Replacement Project – Area 1 and 2.

Questions ensued

The Chair opened the Public Hearing

There were no speakers

The Chair closed the Public Hearing

Motion was made to approve staff recommendations

Moved: Mayor Pro Tem Irving
Seconded: Councilmember Becerra

Comments ensued

Motion passed 4-0

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

2. Proposed Updated Electric Service Rules and Regulations

Please Note: The previously advertised public hearing on Resolution No. 22- 092 has been cancelled and will be re- noticed and advertised for a future
meeting as additional materials and revisions to the original item are necessary

CONSENT CALENDAR

3. Quarterly Investment Report as of June 30, 2022

Recommendation:

That the City Council/Board of Directors receive and file the attached Quarterly Investment Report as of June 30, 2022.

4. Annual Review of the City’s Investment Policy

Recommendation:

That the City Council review and file the attached Investment Policy CP-15-01.

5. Full Release of Public Improvement Labor & Materials Securities for Case No.

EROW19-00042/PMT17-01682

Recommendation:

That the Honorable City Council approve the full release of the Public Improvements Labor and Materials Securities for case EROW19- 00042/PMT17- 01682.

6. Security Substitution for Lane’s Crossing Tract Map Nos.: 17582, 17583, 17585, 17586, 17587 and 17588

Recommendation:

That the Honorable City Council:
(1) Approve a Subdivision Improvement Agreement with LGI Homes, a California Limited Liability Company;
(2) Accept the Faithful Performance and Labor & Material Securities for Phase I; (3) Accept a Lien Agreement as Security for Phases II and III; (4) Release the existing Subdivision Improvement Agreement with Joshua Tree Fund 589 VIC, LLC; and
(5) Release the existing Lien Agreement with Joshua Tree Fund 589 VIC, LLC.

7. Full Release of LMAD Faithful Performance and Labor & Materials Securities for Tract Map No. 14741

Recommendation:

That the Honorable City Council approve the full release of the LMAD Faithful Performance and Labor & Material Securities for Tract Map No. 14741.

8. Commercial Demand Schedule No. 2

Recommendation:

That the City Council and Board of Directors ratify Commercial Demand Schedule No. 2 in the amount of $12,208,372.49, covering Electronic Fund Transfers No. 330938 through 331069 and Warrant No. 786448 through 786654 for 07/07/2022 through 07/20/2022 and W ire Transfers dated 07/15/2022 through 07/18/22, per the adopted budget for Fiscal Year 2021-2022 for the period covering July 1, 2021 through June 30, 2022 and Fiscal Year 2022- 2023 for the period covering July 1, 2022 through June 30, 2023.

9. Commercial Demand Schedule No. 3

Recommendation:

That the City Council and Board of Directors ratify Commercial Demand Schedule No. 3 in the amount of $6,798,760.34, covering Electronic Fund Transfers No. 331070 through 331287 and Warrant No. 786655 th rough 786851 for 07/27/2022 through 08/03/2022 and Wire Transfers dated 07/25/2022, per the adopted budget for Fiscal Year 2021- 2022 for the period covering July 1, 2021 through June 30, 2022 and Fiscal Year 2022-2023 for the period covering July 1, 2022 through June 30, 2023.

10. Payroll Warrant List

Recommendation:

That the City Council and Board of Directors ratify the Payroll Demand Schedule No. 12A for Payroll Period May 27, 2022 through June 10, 2022, in the amount of $1,700,501.38 covering Check Nos. 32829 through Nos. 32861, including Vendor checks. Please note employee Check Nos. 32838 has a live Check and an EFT Advice. Also included are Advice Nos. 289097 through 289542, per adopted budget for Fiscal Year 2021- 2022 period covering July 1, 2021 through June 30, 2022.

11. Payroll Warrant List

Recommendation:

That the City Council and Board of Directors ratify Payroll Demand Schedule No. 12B for Payroll Period June 10, 2022, through June 24, 2022, in the amount of $1,730,747.60 covering Check No. 32862 through 32899, including Vendor checks. Please note employee Check No. 32866 has a live Check and an EFT Advice. Also included are Advice Nos. 289543 through 289995, per adopted budget for Fiscal Year 2021-2022 period covering July 1, 2021, through June 30, 2022.

12. Payroll Warrant List

Recommendation:

That the City Council and Board of Directors ratify Payroll Demand Schedule No. 1A for Payroll Period June 24, 2022 through July 08, 2022, in the amount of $1,820,997.22 covering Check No. 32900 through 32934, including Vendor checks. Please note employee Check No. 32903 has a live Check and an EFT Advice. Also included are Advice Nos. 289996 through 290456, per adopted budget for Fiscal Year 2022- 2023 period covering July 1, 2022 through June 30, 2023.

13. Settlement Agreement between the City of Victorville and Marieta Tahmazyan

Recommendation:

That the Honorable City Council approve the Citation Settlement Agreement by and between Marieta Tahmazyan and the City of Victorville in regard to Citation No. 25322 and Superior Court Case No. CIVSB2119134.

14. Settlement Agreement between the City of Victorville and Andrey Zargarian

Recommendation:

That the Honorable City Council approve the Citation Settlement Agreement by and between Andrey Zargarian and the City of Victorville in regard to Citation No. 25321 and Superior Court Case No. CIVSB2119056.

15. Minutes of the June 14, 2022, Adjourned Special City Council Meeting and the June 21, 2022, Regular City Council Meeting

Recommendation:

That the Honorable City Council approve the minutes of the Adjourned Special City Council Meeting held on June 14, 2022, and the Regular City Council Meeting held on June 21, 2022

Motion was made to approve staff recommendations for Consent Calendar items 3 through 15

Moved: Mayor Pro Tem Irving
Seconded: Councilmember Becerra

Motion passed 4-0

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

WRITTEN COMMUNICATIONS

16. Old Town Sidewalk Connectivity Project Phase 1 – Rejection of Bids

Recommendation:

That the Honorable City Council reject all bids submitted for the Old Town Sidewalk Connectivity Project – Phase 1.

Questions ensued

Motion was made to approve staff recommendation

Moved: Councilmember Becerra
Seconded: Mayor Pro Tem Irving

Comments ensued

Motion passed 4-0

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

17. Award two (2) General Services Provider Agreements for Laboratory Testing Services

Recommendation:

That the Honorable Victorville Water District Board of Directors award the General Services Provider Agreements for Laboratory Testing Services, Project #CC23- 003, in an amount not to exceed $150,000 to Clinical Laboratory of San Bernardino and to Eurofins Eaton Analytical, LLC.

Questions ensued

Motion was made to approve staff recommendation

Moved: Councilmember Becerra
Seconded: Councilmember Gomez

Comments ensued

Motion passed 4-0

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

18. Award Two (2) General Services Provider Agreements for Water Well Maintenance and Repair

Recommendation:

That the Honorable Victorville Water District Board of Directors award the General Services Provider Agreements for Water Well Maintenance and Repair, Project #CC23-007, in an amount not to exceed $889,000 to Layne Christensen Company and General Pump Company, Inc.

Questions ensued

Motion was made to approve staff recommendation

Moved: Councilmember Gomez
Seconded: Mayor Pro Tem Irving

Comments ensued

Motion passed 4-0

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

19. Two Loan Agreements between the Successor Agency to the Victorville Redevelopment Agency ("Successor Agency") and the Victorville Housing Successor Agency (“Housing Successor”) to repay amounts borrowed by the Victor Valley Economic Development Authority

Recommendation:

That the Successor Agency Board adopt Resolution No. R-SA-22-006, finding that the original loans were for legitimate redevelopment purposes and approving both Loan Agreements.

Questions ensued

Motion was made to approve staff recommendation

Moved: Councilmember Becerra
Seconded: Mayor Pro Tem Irving

Comments ensued

Motion passed 4-0

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

20. Measure I Five-Year Capital Improvement Plan

Recommendation:

That the Honorable City Council:
(1) Adopt Resolution No. 22- 093, approving the Measure I Five- Year Capital Improvement Plan for Fiscal Years 2022/2023 through 2026/2027. (2) Add the La Mesa Road (Cantina Dr. to Mesa View Dr.) Project to the Measure I Five Year Capital Improvement Plan for Fiscal Year 2021/2022 for an expense of $50,437.54.

Questions ensued

Motion was made to approve staff recommendations

Moved: Councilmember Gomez
Seconded: Mayor Pro Tem Irving

Comments ensued

Motion passed 4-0

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

The Chair called for a recess at 7:52 p.m.

Recess concluded at 8:00 p.m.

21. Macerich Assistance Payment #8 - Mall of Victor Valley Development Agreement

Recommendation:

That Your Honorable City Council:
(1) authorizes assistance payment as provided for in the Development Agreement with Macerich Victor Valley LLC in the amount of $466,859 for Calendar Year (CY) 2021, and
(2) approves Resolution No. 22-095 authorizing an additional appropriation for the Fiscal Year 2021-2022 budget in the amount of $366,859.

Questions ensued

Motion was made to approve staff recommendations

Moved: Councilmember Becerra
Seconded: Mayor Pro Tem Irving

Comments ensued

Motion passed 3-1

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

Motion was made to consider items 22 through 25 concurrently

Moved: Councilmember Becerra
Seconded: Mayor Pro Tem Irving

Comments ensued

Motion passed 3-1

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

22. Wellness Center Project - Grant of Easement to Southern California Edison (SCE)

Recommendation:

Staff recommends that the Honorable City Council grant an easement to Southern California Edison (SCE) as described in the attached documents and authorize the City Engineer to make minor revisions to the documents if required.

23. Wellness Center Network and Telecommunications Equipment Order

Recommendation:

That the Honorable City Council:
(1) award the purchase of on- site network and telecommunication hardware, software, and installation services to Logicalis, Inc. in the amount not to exceed $301,198.75 for the Wellness Center located at 16902 First St, and (2) authorize the City Manager to execute any documents related to this transaction.

24. Wellness Center – Purchase of Sewer Lift Station

Recommendation:

That the Honorable City Council approve a General Service Provider Agreement with ROMTEC Utilities for the purchase, manufacturing, and delivery of the sewer lift station for the Wellness Center in an amount not to exceed $292,277.88.

25. Wellness Center Project – Award Construction Contract / Work Order for Phase 2

Recommendation:

That the Honorable City Council approve a construction contract / Work Order with Angeles Contractor Inc. for the Phase 2 construction of the Wellness Center Project in an amount not to exceed of $15,427,974.88.

Questions ensued

Motion was made to approve staff recommendations for items 22 through 25

Moved: Councilmember Becerra
Seconded: Mayor Jones

Comments ensued

Motion passed, with Councilmember Gomez voting no on item 25

Ayes: Councilmember Becerra, Councilmember Gomez, Mayor Pro Tem Irving, Mayor Jones
Noes: Councilmember Gomez voting no on item 25

26. City Manager Reports

City Manager Keith C. Metzler discussed the Teen Activity Group, designed for teens aged 13- 17 to focus on community engagement and college preparation, occurring from 6:30 – 8:00 p.m. at the Hook Community Center on Thursdays.

August is “Clear the Shelter Month” at the Victor Valley Animal Protection League, dog adoptions are $20 and cat adoptions are $10.

Paving was complete on Arrowhead and 7th St as of August 12th, and striping will be completed by the end of August.

An all-inclusive elderly care facility was approved by the Planning Commission, to be located at Bear Valley Rd. and Amethyst Rd.

The Fairfield by Marriot Hotel has been approved for development on Cottonwood and Monarch. Carmax has been issued a permit for development.

27. Discussion and Possible Action Regarding Upcoming Agenda Items

A motion was made to increase Animal Control budget and employee base to be agendized for discussion and action in September 2022.

A substitute motion was made to receive a report from staff on calls and personnel prior to budget adjustments.

Moved: Councilmember Becerra
Seconded: Mayor Jones

Motion passed 4-0

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

28. Reports from Councilmembers

Councilmember Gomez spoke about her involvement in the community.

Councilmember Becerra spoke about her involvement with the Victor Valley Transportation Authority and the Mojave Desert Air Quality Management District.

She also thanked the staff for their work on the Wellness Center project.

Mayor Jones welcomed the new IT Officer, Mazharul Islam. She also spoke about her appointment to serve on the Measure I Ad Hoc committee for the San Bernardino County Transportation Authority. She also expressed her gratitude for the approval of the new elderly care facility.

Adjournment

Mayor Jones adjourned the meeting at 8:48 p.m.

ATTEST:

_________________________ __________________________ Debra Jones, Mayor Jennifer Thompson, City Clerk Attachment B

City Council Chambers
14343 Civic Drive
Victorville, CA
www.victorvilleca.gov

VICTORVILLE CITY COUNCIL

VICTORVILLE LIBRARY BOARD OF TRUSTEES

SOUTHERN CALIFORNIA LOGISTICS RAIL AUTHORITY

SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

THE CITY AS HOUSING ASSETS SUCCESSOR

JOINT POWERS FINANCING AUTHORITY

VICTORVILLE WATER DISTRICT

Regular Meeting Minutes
Tuesday, September 6, 2022
6:00 p.m. Regular Session

6:00 p.m. Regular Session

Call to Order

Roll Call

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

Absent: None

Also Present:

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

Invocation: Pastor Josh Gerbracht of First Assembly of God Church

Pledge of Allegiance: Police Captain John Wickum

City Clerk Presents Agenda/Revisions to Agenda

Agenda presented with no revisions reported

Conflict of Interest Declarations

There were no conflicts of interest reported

Introduction to Public Comments

Mayor Jones provided an opening statement regarding public comments

Public Comments

The following people spoke:

Al Cutillo spoke on general items

Councilmember Gomez left the dais at 6:09 p.m.

PUBLIC HEARING(S)

1. 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.

Questions ensued

Councilmember Gomez returned to the dais at 6:12 p.m.

Questions continued

The Chair opened the Public Hearing

There were no speakers

The Chair closed the Public Hearing

Motion was made to approve staff recommendations

Moved: Councilmember Gomez
Seconded: Mayor Pro Tem Irving

Motion passed 4-0

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

2. 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.

Questions ensued

The Chair opened the Public Hearing

There were no speakers

The Chair closed the Public Hearing

Motion was made to approve staff recommendations

Moved: Councilmember Becerra
Seconded: Councilmember Gomez

Motion passed 4-0

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

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

Recommendation:

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

Questions ensued

The Chair opened the Public Hearing

There were no speakers

The Chair closed the Public Hearing

The Chair directed the Clerk to canvass the ballots

No majority protest existed for either ballot

Motion was made to approve staff recommendations

Moved: Councilmember Gomez
Seconded: Mayor Pro Tem Irving

Comments ensued

Motion passed 4-0

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

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 of Completion for the Building 717 and 728 Roof Replacement Project #CC22-047 (“Project”); and
(2) authorize the Airport Director to execute the Notice of Completion.

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

Recommendation:

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

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 to the veracity of 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 of Directors ratify Commercial Demand Schedule No. 4 in the amount of $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 1, 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 of Directors ratify Payroll Demand Schedule No. 1B for Payroll Period July 08, 2022, through July 22, 2022, in the amount of $1,758,675.56 covering Check No. 32935 through 32975, incl uding Vendor checks. Please note employee Check No. 32944 has a live Check and an 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 accept as 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 of the Monumentation Security for Tract Map No. 16720.

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

Recommendation:

That the Honorable City Council accept the public improvements and approve an 80 percent release of 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 a reduction of 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 of 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 a 60 percent partial reduction for the Landscaping Maintenance Assessment District Improvements Faithful Performance Securities for Tract Map No. 15396;
(2) Approve a reduction of 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 to conduct a review of the Conflict of Interest Codes for the City of Victorville, the Southern California Logistics Airport Authority, the Southern California Logistics Rail Authority, the Victorville Joint Powers Financing Authority, the Victorville Library Board of Trustees, the Successor Agency to 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 of the Citation Settlement Agreement by 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 of the Citation Settlement Agreement by the City Manager and between Shaoying Li and the City of 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 of the Citation Settlement Agreement by the City Manager and between Ricardo Pena and the City of Victorville in regard to Citation No. 28203.

Questions ensued

Motion was made to approve staff recommendations for Consent Calendar items 4 through 19

Moved: Councilmember Becerra
Seconded: Mayor Pro Tem Irving

Motion passed 4-0

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

WRITTEN COMMUNICATIONS

20. Request to Approve an Award for Unarmed Security Guard Services under Project CC22-111

Recommendation:

That the Honorable City Council / Water District Board of Directors approve the award to Alltech Industries, Inc. in the not-to-exceed amount of $192,144.

Questions ensued

Motion was made to approve staff recommendation

Moved: Councilmember Gomez
Seconded: Mayor Pro Tem Irving

Motion passed 4-0

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

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

Recommendation:

That the Honorable City Council approve a five- year professional services consultant agreement with Granicus, LLC to support and host our public and internal website(s), in the amount not to exceed $170,000, and that the Honorable City Council authorize the City Manager to execute all documents related to this agreement.

Questions ensued

Motion was made to approve staff recommendation

Moved: Councilmember Becerra
Seconded: Mayor Pro Tem Irving

Motion passed 4-0

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

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

Questions ensued

Motion was made to approve staff recommendations

Moved: Councilmember Becerra
Seconded: Mayor Pro Tem Irving

Comments ensued

Motion passed 4-0

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

23. Miscellaneous Engineering Services - Agreement with Woodard & Curran

Recommendation:

That the Honorable Victorville Water District Board of Directors approve the Consultant/Professional Services Provider Agreement with Woodard & Curran in an amount not to exceed $150,000.00 for performing miscellaneous engineering and consulting services for the City of Victorville Industrial Wastewater Treatment Plant (IWWTP).

Questions ensued

Motion was made to approve staff recommendation

Moved: Councilmember Becerra
Seconded: Councilmember Gomez

Comments ensued

Motion passed 4-0

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

24. Sheriff’s Department Schedule A Amendment

Recommendation:

That the Honorable City Council:
(1) Approve the amended Schedule A contract for FY 2022- 2023 for Law Enforcement Services with the San Bernardino County Sheriff’s Department; and (2) Adopt Resolution 22-086 approving an additional appropriation in the amount of $750,898 for such agreement.

Questions ensued

Motion was made to approve staff recommendations

Moved: Councilmember Becerra
Seconded: Mayor Pro Tem Irving

Motion passed 3-1

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

25. City Councilmembers’ Proof of Residency

Recommendation:

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

Questions ensued

A motion was made for the City Manager to work with the City Attorney to make the City Council policy more robu st, specifying accepted forms of proof of residency, and the consequences of not providing such proof, to be brought to Council by the first meeting of October, to be voted on by the second meeting of October, to be in place by the first meeting of November.

Moved: Councilmember Becerra
Seconded: Mayor Jones

A substitute motion was made for the City Manager to work with the City Attorney to make the City Council policy more robust, specifying more than three forms of acceptable proof of residency, and the consequences of not providing such proof, to be brought to Council by the first meet ing of October, to be voted on by the second meeting of October, to be in place by the first meeting in November

The Chair ruled the substitute motion out of order

Councilmember Gomez appealed the ruling of the Chair

A vote was taken that the ruling of the Chair shall be sustained

Passed 3-1

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

The ruling of the Chair stands

A recess was called at 7:54 p.m.

Recess concluded at 7:59 p.m.

Comments ensued

Main motion passed 3-1

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

26. Mayor Pro -Tem Irving’s recommendation for appointment to the Community Services Advisory Committee

Recommendation:

That Your Honorable City Council appoint Terrance Stone to serve on the Community Services Advisory Committee, as recommended by Mayor Pro -Tem Irving.

Motion was made to appoint Terrance Stone to serve on the Community Services Advisory Committee

Moved: Mayor Pro Tem Irving
Seconded: Councilmember Gomez

Comments ensued

Motion passed 4-0

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

27. City Manager Reports

C
ity Manager, Keith C. Metzler , spoke about the Kids Club Fall Camp occurring from October 10 through 14 from 7:30 a.m. to 5:30 p.m. at Doris Davies park for kids ages 5 to 12.

The Library is offering story time, every Tuesday starting September 13 at 5:00 p.m., multilingual story time is every Wednesday starting September 14 at 10:00 a.m., and kinder-prep story time will be every Thursday starting September 15 at 10:00 a.m.

Construction on 7th Ave. and Arrowhead Dr. is complete and the roads are open.

Greentree Blvd. and Hesperia Rd. intersection is scheduled to be open on Wednesday, September 15.

The Senior Adult Day and Clinical Care Facility is in plan check.

A Certificate of Occupancy has been issued to the Amazon facility at SCLA.

28. Discussion and Possible Action Regarding Upcoming Agenda Items

A motion was made to bring back to the next Council meeting the outcome of the

citizen survey that was conducted some months ago

Moved: Mayor Pro Tem Irving
Seconded: Councilmember Becerra

Motion passed 4-0

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

29. Reports from Councilmembers

Councilmember Becerra spoke about her involvement as a representative for the Southern California Association of Government.

Councilmember Gomez spoke about her involvement in the community.

Mayor Pro Tem Irving spoke about the NAACP Victor Valley branch family fun day.

Mayor Jones spoke about her attendance at the Police and Fire Activities League board meeting, the League of California Cities Desert and Mountain Division meeting in Councilmember Becerra’s stead, the Victorville Audit Planning meeting, and the Victor Valley College’s President’s Circle. She als o spoke to the senior class at Lakeview Leadership Academy and attended several ribbon cuttings.

Adjournment

Mayor Jones adjourned the meeting at 8:12 p.m

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

Brian Fallon, Fire Chief

Subject:

Designation of Applicant's Agent Resolution for Non-State Agencies Recommendation:

Staff recommends that the Honorable City Council approve the execution and submittal of the California Office of Emergency Services (Cal OES) 130 Form in order to pursue reimbursement for losses due to any disaster, cost recovery, or grant opportunity over the next three (3) years.

Fiscal Impact:

No fiscal impact.

Background:

The City of Victorville may apply for assistance from the Federal Emergency Management Agency (FEMA) and the California Office of Emergency Services (Cal OES) when major disasters occur and result in a financial loss to the City. FEMA administers federal disaster assistance programs and Cal OES administers California disaster assistance programs.

Therefore, designation of Applicant’s Agent Resolution for Non-State Agencies (Cal OES 130) is required to be on file with Cal OES to designate certain individuals as representatives of a city when a city requests grant monies or requests disaster cost assistance.

Discussion:

A new Designation of Applicant’s Agent Resolution is required if the previously submitted document is older than three (3) years from the last date of Council approval. The last resolution was approved by, the City Council on September 3, 2019, and the updated designation will authorize the City Manager, Deputy City Manager, or the Director of Finance to represent the City with FEMA and Cal OES.
2 8
4 8
Therefore, staff recommends that the Honorable City Council approve the execution and submittal of the California Office of Emergency Services (Cal OES) 130 Form in order to pursue reimbursement for losses due to any disaster, cost recovery, or grant opportunity over the next three (3) years.

Attachments: A. State of California Governor’s Office of Emergency Services Cal OES 130
B. List of Authorized Agents
Attachment A

State of California Governor’s Office of
Emergency Services Cal OES 130

STATE OF CALIFORNIA
GOVERNOR’S OFFICE OF EMERGENCY SERVICES Cal OES ID No:

Cal OES 130

DESIGNATION OF APPLICANT'S AGENT RESOLUTION FOR

NON-STATE AGENCIES

BE IT RESOLVED BY THE OF THE
(Governing Body) (Name of Applicant)

THAT , OR
(Title of Authorized Agent)
, OR
(Title of Authorized Agent)
(T
itle of Authorized Agent)
is hereby authorized to execute for and on behalf of the , (Name of Applicant)
a p
ublic entity established under the laws of the State of California, this application and to file it with the California Governor’s Office of Emergency Services for the purpose of obtaining federal financial assistance for any existing or future grant program, including, but not limited to any of the following:
- Federally declared Disaster (DR), Fire Mitigation Assistance Grant (FMAG), California State Only Disaster (CDAA), Immediate Services Program (ISP), Hazard Mitigation Grant Program (HMGP), Building Resilient Infrastructure and Communities (BRIC), Legislative Pre-Disaster Mitigation Program (LPDM) , under
- Public Law 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act.
- Flood Mitigation Assistance Program (FMA)
, under Section 1366 of the National
Flood Insurance Act of 1968.
- National Earthquake Hazards Reduction Program (NEHRP) 42 U.S. Code 7704 (b)
((2) (A) (ix) and 42 U.S. Code 7704 (b) (2) (B) National Earthquake Hazards Reduction Program, and also The Consolidated Appropriations Act, 2018, Div. F, Department of Homeland Security Appropriations Act, 2018, Pub. L. No. 115-141 - California Early Earthquake Warning (CEEW) under CA Gov Code – Gov, Title 2, Div. 1, Chapter 7, Article 5, Sections 8587.8, 8587.11, 8587.12 That the , a public entity established under the
(Name of Applicant)
laws of the State of California, hereby authorizes its agent(s) to provide to the Governor’s Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances and agreements required.

Cal OES 130 (Rev 3/9/22)
071-82590
City Manager
Deputy City Manager
Director of Finance
City of Victorville
City of Victorville
City of Victorville
City Council

STATE OF CALIFORNIA
Cal OES 130 (Rev 3/9/22)
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Cal OES 130
Please check the appropriate box below

This
is a universal resolution and is effective for all open and future disasters/grants declared up to three (3) years following the date of approval.

This is a disaster/grant specific resolution and is effective for only disaster/grant number(s):

Passed and approved this __day of , 20
(Na
me and Title of Governing Body Representative)
(Na
me and Title of Governing Body Representative)
(Na
me and Title of Governing Body Representative)

CERTIFICATION
I, , duly appointed and of
(Name) (Title)
, d o hereby certify that the above is a true and
(Name of Applicant)
correct copy of a resolution passed and approved by the (Governing Body)
of the on the day of , 20 .
(Name of App licant)
(S
ignature) (Title)
(Page
2 of 2)
City of Victorville
City of Victorville
✔
22 Mayor - Debra Jones
Mayor Pro-Tem, Leslie Irving
Council Members, Blanca Gomez and Liz Becerra
Jennifer Thompson
City Council
22 City Clerk
City Clerk

STATE OF CALIFORNIA
Cal OES 130 (Rev 3/9/22)
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Cal OES 130 - Instructions
Cal OES Form 130 Instructions
A Designation of Applicant’s Agent Resolution for Non-State Agencies is required of all Applicants to be eligible to receive funding. A new resolution must be submitted if a previously submitted resolution is older than three (3) years from the last date of approval, is invalid, or has not been submitted.

When c
ompleting the Cal OES Form 130, Applicants should fill in the blanks on pages 1 and 2. The blanks are to be filled in as follows:

Resolution Section:

Governing Body
: This is the group responsible for appointing and approving the Authorized Agents.

Examples include: Board of Directors, City Council, Board of Supervisors, Board of Education, etc.

Name of Applicant
: The public entity established under the laws of the
State of California.

Examples include: School District, Office of Education, City, County or Non-profit agency that has applied for the grant, such as: City of San Diego, Sacramento County, Burbank Unified School District, Napa County Office of Education, University Southern California.

Authorized
Agent: These are the individuals that are authorized by the Governing Body to engage with the Federal Emergency Management Agency and the California Governor’s Office of Emergency Services regarding grants for which they have applied.

There are two ways of completing this section:

1. Titles Only: The titles of the Authorized Agents should be entered here, not their names. This allows the document to remain valid if an Authorized Agent leaves the position and is replaced by another individual. If “Titles Only” is the chosen method, this document must be accompanied by either a cover letter naming the Authorized Agents by name and title, or the Cal OES AA Names document.

The supporting document can be completed by any authorized person within the Agency (e.g., administrative assistant, the Authorized Agent, secretary to the Director). It does not require the Governing Body’s signature.

2. Names and Titles: If the Governing Body so chooses, the names and titles of the Authorized Agents would be listed. A new Cal OES Form 130 will be required if any of the Authorized Agents are replaced, leave the position listed on the document, or their title changes.
(

Page 1 of 2 ends

STATE OF CALIFORNIA
Cal OES 130 (Rev 3/9/22)
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Cal OES 130 - Instructions
Checking Universal or Disaster-Specific Box:

A Universal resolution is effective for all
past disasters and for those declared up to three (3) years following the date of approval. Upon expiration it is no longer effective for new disasters, but it remains in effect for disasters declared prior to expiration. It remains effective until the disaster goes through closeout unless it is superseded by a newer resolution.

Governing Body Representative
: These are the names and titles of the approving
Board Members.

Examples include: Chairman of the Board, Director, Superintendent, etc. The names and titles cannot be one of the designated Authorized Agents. A minimum of three (3) approving board members must be listed. If less than three are present, meeting minutes must be attached in order to verify a quorum was met.

Certification Section:

Name and Title
: This is the individual in attendance who recorded the creation and approval of this resolution.

Examples include: City Clerk, Secretary to the Board of Directors, County Clerk, etc. This person cannot be one of the designated Authorized Agents or Approving Board Member. If a person holds two positions (such as City Manager and Secretary to the Board) and the City Manager is to be listed as an Authorized Agent, then that person could sign the document as Secretary to the Board (not City Manager) to eliminate “Self-Certification.” (Page 2 of 2)
Attachment B
List of Authorized Agents
•An Approved Contact may be designated by an AA to request or receive information on grant payment status. Add them by inputting their information below. (Ex. Accounting/Admin offices) Must use an official email URL. Email Pkg?Approved Contact Name Approved Contact Title Email Address Email
Pkg?
List of Authorized Agents
OES ID:

Entity Name:

Authorized Agent Name Authorized Agent Title Email Address • Enter each Authorized Agent (AA) as listed on the Designation of Applicant's Agent Resolution (Cal OES 130) for Non-State Agencies or as it appears on the Signature Authority (Cal OES 130SA) for California State Agencies. • Check box to receive electronic copies of Cal OES Notification of Obligation and/or Payment packages. (Minimum 1 AA.) • Email addresses must use an email that shares the official entity URL.

Please use a second page if more space is needed.

Cal OES AA Names - Revised 9/2020
City of Victorville
071-00000
Keith Clyde Metzler
City Manager
[email protected]
Sophie Smith
Deputy City Manager
[email protected]
Jenele Davidson
Deputy City Manger
[email protected]
John Mendiola
Director of Finance
[email protected]
Dana Wellborn
Emergency Management Coordinator
[email protected]
✔
✔
✔

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

Brian Gengler, City Engineer

Subject:

Green Tree Blvd. Extension and Bear Valley Rd. Overhead at BNSF Railroad Projects - Amendments to Project Funding Agreements
Recommendation:

That the Honorable City Council approve amendments to project funding agreements with San Bernardino County Transportation Authority (SBCTA) to extend the terms until December 31, 2024:
(1) Amendment No. 7 to the Project Funding Agreement for the Green Tree Blvd.

Extension Project; and
(2) Amendment No. 2 to the Project Funding Agreement for the Bear Valley Rd. Overhead at BNSF Railroad Project.

Fiscal Impact:

There will not be a fiscal impact resulting from this action. The amendments to the project funding agreements will not change the amounts of the funding which are referenced in the agreements.

Background:

On December 16, 2014, City Council approved a Project Funding Agreement for the Green Tree Blvd. Extension Project with SBCTA. The agreement was subsequently executed by the City and SBCTA in February of 2015. There have been six amendments to that agreement approved by City Council which have either extended the term of the agreement or added funding to the project.

On June 18, 2019, City Council approved a Project Funding Agreement for the Bear Valley Rd. Overhead at BNSF Railroad Project with SBCTA. The agreement was subsequently executed by the City and SBCTA in July of 2019. There has been one amendment to that agreement approved by City Council which added funding to the project.
2 8
3 3
Discussion:

The terms of the funding agreements for both the Green Tree Blvd. Extension Project and the Bear Valley Rd. Overhead at BNSF Railroad Project will expire on December 31, 2022. The construction is continuing to progress for both projects. Construction started for the Green Tree Blvd. Extension Project in June of 2021 and the estimated completion is May of 2023. Construction started for the for the Bear Valley Rd. Overhead at BNSF Railroad Project in March of 2022 and the estimated completion is summer of 2023.

It will be necessary to extend the terms of the funding agreements for both projects. The requested extension of the terms for both funding agreements is until December 31, 2024.

The term extensions are well beyond the estimated completion of construction to allow adequate time for financially closing out both projects. The funding agreements will terminate upon reimbursement of all eligible costs by SBCTA or December 31, 2024, whichever is sooner. Staff anticipates that the final reimbursements will be received long before the end of the agreement terms. However, the term extensions will assure that no more extensions will be needed.

Staff recommends that the Honorable City Council approve Amendment No. 7 to the Project Funding Agreement for the Green Tree Blvd. Extension Project and Amendment No. 2 to the Project Funding Agreement for the Bear Valley Rd. Overhead at BNSF Railroad Project.

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

Attachments: A. Original Agreement and Amendment No. 7 to Project Funding Agreement for Green Tree Blvd. Extension Project
B. Original Agreement and Amendment No. 2 to Project Funding Agreement for Bear Valley Rd. Overhead at BNSF Railroad Project

ATTACHMENT A

15-1001115-7

Page 1 of 3 ends

AMENDMENT NO. 7 TO PROJECT FUNDING AGREEMENT 15-1001115

FOR

THE YUCCA LOMA CORRIDOR-GREEN TREE BOULEVARD EXTENSION PROJECT

IN THE CITY OF VICTORVILLE

(CITY OF VICTORVILLE)

THIS AMENDMENT NO . 7 to PROJECT FUNDING AGREEMENT 15 -1001115 is made and entered into by and between the CITY OF VICTORVILLE ("CITY") and the SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY ("SBCTA"). SBCTA and CITY are each a “Party” and collectively “Parties”.

RECITALS

A. On September 5, 2012, the SBCTA Board of Directors approved allocation principles resulting in the allocation of $3,947,535 in idle federal earmark funds as Public Share funding to the Design and Right of Way Phases of the Yucca Loma Corridor - Green Tree Boulevard Extension Project ("PROJECT"); and

B. The Parties entered into Project Funding Agreement No. 15-1001115 on or about February 11, 2015 ("Agreement"), to allocate an additional $1,240,465 in Measure I Major Local Highway Projects Program funds to fully fund the Right of Way Phase of the PROJECT; and

C. Amendment No. 1 to the Agreement, dated March 15, 2017 , extended the termination date to December 31, 2018; and

D. Amendment No. 2 to the Agreement, dated July 10, 2018, extended the termination date to June 30, 2019; and

E. Amendment No. 3 to the Agreement , dated October 3, 2018, increased the allocation from $1,240,465 to $2,090,465 for the Right of Way Phase; and

F. Amendment No. 4 to the Agreement , dated June 27 , 2019, extended the termination date to December 31, 2022; and

G. Amendment No. 5 to the Agreement, dated August 22, 2019, increased the allocation from $2,090,465 to $21,635,594 to fund the Public Share of the PROJECT through the Construction Phase; and

H. Amendment No. 6 to the Agreement, dated June 1, 2021, increased the allocation from $21,635,594 to $22,718,018 to fully fund the Public Share of the PROJECT through the Construction Phase; and

I. CITY has requested an extension of the termination date to December 31, 2024.

15-1001115-7

Page 2 of 3 ends

NOW, THEREFORE, the Parties agree to amend the Agreement as follows:

1. Section III, Paragraph 8 is deleted in its entirety and replaced with the following:

“8. This Agreement will be considered terminated upon reimbursement of eligible costs by SBCTA or December 31, 2024, whichever is sooner, provided that the provisions of Paragraphs 7, 8, 9, 10 and 11 of Section II, and Paragraphs 6 and 7 of Section III, shall survive the termination of this Agreement. The Agreement may also be terminated by SBCTA, in its sole discretion, in the event the PROJECT work described in Attachment A has not been initiated or let by CITY within twelve (12) months of the Effective Date of this Agreement.”

2. Except as amended by this Amendment No. 7, all other terms and conditions of the A greement, and amendments thereto, shall remain in full force and effect and are incorporated herein by this reference.

3. The Recitals set forth above are incorporated herein by this reference.

4. This Amendment No. 7 may be signed in counterparts, each of which shall constitute an original.

5. This Amendment No. 7 shall be effective on the date executed by SBCTA.

-- SIGNATURES ON FOLLOWING PAGE --

15-1001115-7

Page 3 of 3 ends

IN WITNESS WHEREOF, SBCTA and CITY have executed this Amendment No. 7 below.

SAN BERNARDINO COUNTY CITY OF VICTORVILLE

TRANSPORTATION AUTHORITY

By: _________________________________ By: _______________________________ Raymond W. Wolfe, Ph.D. Debra Jones
Executive Director Mayor

Date: ________________________________ Date: ______________________________

APPROVED AS TO FORM: ATTEST:

By: __________________________________ By: _________________________________ Julianna K. Tillquist Jennifer Thompson, SBCTA General Counsel City Clerk

Date: _________________________________ Date: _______________________________

APPROVED AS TO FORM:

By: __________________________________
Andre de Bortnowsky,
City Attorney

Date: _________________________________

By: _________________________________
Lee Brown,
Risk Manager

Date: ________________________________

ATTACHMENT B
PROJECT FUNDING AGREEMENT No. 19-1002212
FOR

BEAR VALLEY ROAD OVERHEAD AT BNSF RAILROAD PROJECT

CITY OF VICTORVILLE)
THIS Project Funding Agreement (" Agreement") is madeandenteredinto thisJuly 10, 2019byand between the San Bernardino County Transportation Authority (" SBCTA") and the City ofVictorville (" CITY") SBCTAandCITYareeacha"Party" orcollectively "Parties."

RECITALS
A.

TheMeasure12010-2040ExpenditurePlanandtheVictorValleySubareatransportation planningpartnershaveidentifiedprojectseligibleforPublicSharefundingfromtheMeasureI 2010- 2040 Victor Valley Subarea Major Local Highway Projects Program (" MLHP"), and B SBCTApreparedtheDevelopmentMitigationNexusStudy, referencedhereinastheNexus Study, originallyapprovedinOctober2005andregularlyupdated, mostrecentlyonJuly11, 2018, that, inaccordancewiththeMeasure12010-2040ExpenditurePlan, identifiedforprojectslocated in CITY, the SBCTA Public Share as 51% and the CITY Development Share as 49%, and
C. TheMeasureI 2010-2040StrategicPlanPolicy40013, VictorValleyMajorLocalHighways Program, includesasPublicSharefunds. MeasureI MajorLocalHighways, StateTransportation ImprovementProgram, SurfaceTransportationProgram, CongestionMitigationandAirQuality, StateLocalPartnershipProgram, andLocalPartnershipProgramfunds, and D The Bear Valley Road Bridge over BNSF Railway Project (" PROJECT") is one of the projectsidentifiedaseligibleforsuchfundingandisdescribedmorefullyinAttachmentA, and E.

CITYidentifiedacostof $3,203,448tocompletetheconstructionphaseofthePROJECT, and
F TheVictorValleySubareatransportationplanningpartnershaveidentifiedthisPROJECTas eligible for Public Share funding in an amount up to $ 1, 633, 758, or 51% of the eligible PROJECT cost, whichever is less, and
G
ThisAgreementistobecarriedoutin accordancewiththepoliciesin theMeasureI 2010- 2040StrategicPlanincludingtheuseof DevelopmentImpactFeesbyCITYto paytheDevelopment Shareof PROJECT costs, and, 19- 1002212 Page 1 of 9
H. Partiesdesireto proceedwith thePROJECTin atimely manner; and I. This Agreementis intendedto delineatethe dutiesandfunding responsibilitiesof the Parties for the PROJECT
NOW, THEREFORE, SBCTAandCITY agreeto thefollowing-

SECTION I
SBCTA AGREES.
1 To allocate up to a maximum of$ 1,633, 758 in Public Share funds for the actual cost of the PROJECT, or up to 51% of the eligible PROJECT cost, whichever is less An estimateof costsfor the PROJECTand Public Sharefund sourcesis provided in Attachment B SBCTA shall have.no further responsibilitiesto provide anyfunding for PROJECT exceeding this amount without a written amendmentto this Agreement signed by both Parties.

2. In the case that Measure I funds are allocated to the PROJECT, to reimburse CITY within 30 days after CITY submits an original and two copies of the signed invoices in the proper form covering those actual allowable PROJECT expenditures that were incurredby CITY, consistentwith theinvoicing requirementsof theMeasureI 2010- 2040 Strategic Plan, including backup information. Invoices may be submitted to SBCTA asfrequently as monthly
3 When conducting an audit of the costs claimed under the provisions of this Agreement, to rely to the maximum extent possibleon any prior audit of CITY performed pursuant to the provisions of State and Federal laws. In the absence of such an audit, work of other auditors will be relied upon to the extent that work is acceptableto SBCTAwhenplanningandconductingadditionalaudits 4 To assigna project liaison for the purposeof attendingProjectDevelopmentTeam PDT) meetings
SECTION lI
CITY AGREES.
1 To betheleadagencyfor this PROJECTandto diligently undertakeandcompletein a timely manner the Scope of Work for the PROJECT as shown in Attachment A.

2. To be responsiblefor expendingthat portion of allocatedPublic Sharefunds on eligible PROJECT expenses in an amount not to exceed $ 1, 633, 758, or up to 51% of eligible PROJECT costs, whichever is less, unless this Agreement is amended and 19- 1002212 Page 2 of 9
approved increasing- PROJECT costs. Reimbursement by SBCTA shall be in accordance with Section I, Paragraph 2 Additionally, expensesrelative to time spent on the PROJECTby CITY staff areconsideredeligible PROJECTexpensesandmay bechargedto thePROJECT, subjectto SBCTA, State, andFederalguidelines. 3 In the case that State and Federal funds are allocated to the PROJECT, to secure all necessaryStateandFederalauthorizationsthat arerequiredbeforeincurring eligible PROJECT expenditures
4 To abideby all applicableSBCTA, CITY, StateandFederallaws, regulations, policies and procedurespertaining to the PROJECT
5 In thecasethatMeasureI fundsareallocatedto thePROJECT, to prepareandsubmit to SBCTA an original and an electronic copy of signed invoices for reimbursement of eligible PROJECTexpenses. Invoicesmay be submittedto SBCTA as frequentlyas monthly
6 To maintainall sourcedocuments, booksandrecordsconnectedwith its performance under this Agreement for a minimum of five ( 5) years from the date of the Final Report of Expenditures submittal to SBCTA or until audit resolution is achieved, whichever is later, and to make all such supporting information available for inspectionand audit by representativesof SBCTA during normal businesshours at CITY' s City Hall. Copies will be made and furnished by CITY upon written request by SBCTA.
7 To establishand maintain an accountingsystemconfornungto GenerallyAccepted Accounting Principles ( GAAP) to support CITY' s requests for reimbursement, payment vouchers, or invoices which segregate and accumulate costs of PROJECT work elementsandproducemonthlyreportswhich clearlyidentify reimbursablecosts, matching fund costs, indirect cost allocation, and other allowable expendituresby CITY
8 To preparea Final Report of Expenditures, including a final invoice reporting the actual eligible PROJECT costs expended for those activities described in the work activities, and to submit that Final Report of Expenditures and final invoice no later than one hundred twenty ( 120) days following the completion of the PROJECT work funded under this Agreement. An original and two copies of the Final Report of Expenditures shall be submitted to SBCTA and must state that these PROJECT funds were used in conformance with this Agreement and for those PROJECT- specific work activities described.
9 To cooperatein havinga PROJECT-specificauditcompletedby SBCTA, at SBCTA's option and expense, upon completion of the PROJECT The audit must state that all funds expended on the PROJECT were used in conformance with this Agreement. 19- 1002212 Page 3 of 9
10 To repayto SBCTAanyreimbursementfor MeasureI coststhataredeterminedby subsequent audit to be unallowable within one hundred twenty ( 120) days of CITY receivingnoticeof auditfindings, which time shallincludeanopportunityfor CITY to respond to and/ or resolve the findings. Should the findings not be otherwise resolved and CITY fail to reimburse moneys due SBCTA within one hundred twenty ( 120) daysof audit findings, or within suchother period as may be agreedbetweenboth Parties, SBCTAreservestheright to withholdfuturepaymentsdueCITY from any source under SBCTA' s control.
11 To include SBCTA in PDT meetings if and when suchmeetings are held and in related communicationson PROJECTprogress, to provideat leastquarterlyscheduleupdates to SBCTA, and to consult with SBCTA on critical issues relative to the PROJECT

12. In the case that Measure I funds are allocated to the PROJECT, as an eligible PROJECTexpense, to post signsat the boundariesof the PROJECTnotingthat PROJECT is funded with Measure I funds Signs shall bear the logos of SBCTA and CITY
13 To include in all contracts between CITY and contractors for the PROJECT the requirementthat SBCTA be namedas an additional insuredunder generalliability insurance policies maintained by the contractor for the PROJECT

SECTION III
IT IS MUTUALLY AGREED.
1 To abidebyall applicableFederal, StateandLocallawsandregulationspertainingto the PROJECT, including policies in the applicableprogramin the MeasureI 2010- 2040 Strategic Plan, as amended, as of the Effective Date of this Agreement.

2. The final PROJECTcost may ultimately exceedcurrent estimatesof PROJECT cost. Any additional eligible costs resulting from unforeseenconditions over the estimatedtotalof thePROJECTcostshallbesubjectto prior authorizationby the SBCTA Boardof Directorspursuantto SectionIII, Paragraph3 of this Agreement. In the eventCITY determinesPROJECTwork may exceedthe not to exceedamount identified in Section I, Paragraph 1, CITY shall inform SBCTA of this determination and thereafter the Parties shall work together in an attempt to agree upon an amendment to the PROJECT amounts identified in this Agreement. In no event, however, shall SBCTA be responsible for PROJECT costs in excessof the PROJECT amounts identified herein absent a written amendment to this Agreement that is approvedand signed by the Parties.
3 EligiblePROJECTreimbursementsshallincludeonlythosecostsincurredby CITY for PROJECT-specific work activities that are described in this Agreement and shall not include escalation or interest.
19- 1002212 Page 4 of 9
4 Neither SBCTA nor any officer or employee thereof is responsible for any injury, damageor liability occurring or arising by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is understood and agreedthat, pursuant to Government Code Section 895 4, CITY shall fully defend, indemnify and save harmless SBCTA, its officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury ( as defined by Government Code Section 810 8) occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. CITY' s indemnification obligation applies to SBCTA' s "active" as well as "passive" negligence but doesnot apply to SBCTA' s sole negligence" or " willful misconduct" within the meaning of Civil Code Section 2782.
5 Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring or arising by reason of anything done or omitted to be done by SBCTA under or in connection with any work, authority or jurisdiction delegated to SBCTA under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895 4, SBCTA shall fully defend, indemnify and save harmless CITY, its officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury ( asdefined by Government Code Section 810 8) occurring by reason of anything done or omuttedto be done by SBCTA under or in connection with any work, authority or jurisdiction delegated to SBCTA under this Agreement. SBCTA' s indemnification obligation applies to CITY' s " active" as well as " passive" negligence but does not apply to CITY' s " sole negligence" or " willful misconduct" within the meaning of Civil Code Section 2782
6 In the event CITY and/or SBCTA is found to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under this Agreement, CITY and/ or SBCTA shall indemnify the other to the extent of its comparative fault.
7 This Agreement will be considered terminated upon reimbursement of all eligible costs by SBCTA or December 31, 2022, whichever is sooner, provided that the provisions of Paragraphs 6, 7, 8, 9, and 10 of Section H, and Paragraphs 4, 5 and 6 of Section III, shall survive the termination of this Agreement. The Agreement may also be terminated by SBCTA, in its sole discretion, in the event the PROJECT work described in Attachment A has not been initiated by CITY within twelve ( 12) months of the Effective Date of this Agreement.
8 SBCTA may terminate this Agreement if CITY fails to perform according to the terms of this Agreement and if this failure jeopardizes the delivery of the PROJECT according to the terms herein.
9 The Recitals to this Agreement are true and correct and are incorporated into this Agreement.
19- 1002212 Page 5 of 9
10 Attachment A, Description of Project and Milestones, and Attachment B, Summary of Estimated Costs, are attached to and incorporated into this Agreement. 11 The Agreement may be signed in counterparts, each of which shall constitute an original.

12. This Agreement is effective when it has been executed by both Parties, and shall be dated on the date of the last signature

SIGNATURES ON FOLLOWING PAGE----
19- 1002212 Page 6 of 9
IN WITNESSWHEREOF, thePartieshaveexecutedthisAgreementby theirauthorized signatories below

SAN BERNARDINO COUNTY

TRANSPORTATION AUTHORITY CITY OF VICTORVILLE
l
By- By : k ` L/ Gir ._ r . 7 z e--,
Darc a , President Gloria Garcia
Boar o irectors Mayor
Date / 25 Date 7- / - i 9

APPROVED AS TO FORM AND APPROVED AS TO FORM D
PROCEDURE. PROCEDURE
By By.
anna K. Tillquist Andre de Bortnowsky
General Counsel City Attorney
Date 11)-;1lq
By lil- 14
Jeff ill
Pr u ement Manager
Date. - 7ILZ`
19- 1002212 Page 7 of 9
Attachment A

BEAR VALLEY ROAD OVERHEAD AT BNSF RAILROAD PROJECT
Description of Project and Milestones
Project Title
BEAR VALLEY RD OVERHEAD AT BNSF RAILROAD, 3 8 MI. E. OF 1-15 Location,ProjectLimits,Description,Scopeof Work,LegislativeDescription BridgeNo 54CO547Widen6lanebridgeto7 lanes(medianturnlane)andseismicallyretrofitexistingbridge.Widen road approaches for standard lane widths. Through lanes will not be added.

Component Implementing Agency Reimbursements
PA& ED City of Victorville
PS& E City of Victorville
Right of Way City of Victorville
Construction City of Victorville
Legislative Districts
Assembly- 33 Senate: 21
Congressional. 8
Purpose and Need
BridgeandroadapproachesneedtobewidenedandimprovedtomeetcurrentAASHTOandCitysuperarterialgeometric standards.Bridge needsto be seismically retrofit to meet structural requirements. Operational improvements are neededat intersections at both ends of project.

Project Benefits
ProjectmeetsAASHTOstandardsforlaneandshoulderwidths.TheBridgewill beseismicallyretrofittomeetcurrent standards.Improvementsattheintersectionsof BearValleyRd/ IndustrialRdandBearValleyRd/ RidgecrestRdwill improveoperationalefficiency
Project Milestone Proposed
Project Study Report Approved N/ A
Begin Environmental( PA& ED) Phase 7/ 8/ 2010
Circulate Draft Environmental Document Document Type
6/ 11/ 2014IS/ MND.

Draft Project Report N/ A
End Environmental Phase( PA& ED Milestone) 1/ 20/ 2015 Begin Design( PS& E) Phase 1/ 21/ 2015
End Design Phase( Ready to List for Advertisement Milestone) 12/ 20/ 2018 Begin Right of Way Phase 1/ 21/ 2015
End Right of Way Phase( Right of Way Certification Milestone) 4/ 11/ 2018 Begin Construction Phase( Contract Award Milestone) 12/ 2/ 2019 End Construction Phase( Construction Contract Acceptance Milestone) 9/ 30/ 2021 Begin Closeout Phase 10/ 1/ 2021
End Closeout Phase( Closeout Report) 12/ 31/ 2021
19- 1002212 Page 8 of 9

ATTACHMENT B

BEAR VALLEY ROAD OVERHEAD AT BNSF RAILROAD PROJECT
Summary of Estimated Costs
Total HBP
Project
Development Public Share'
Project Participating
a
Share SBCTA- 51%)
Cost Amount
Balance (
City- 49%) ( Federal STP)
Construction Contract 1 $ 6, 522, 684 $ 3, 990, 314 $ 2, 532, 370 $ 1, 240, 861 1,291, 509 Contingencies ( 10%) $ 652, 268 $ 399, 031 $ 253, 237 124, 086 129, 151 Management( 12%) $ 860, 994 $ 526, 721 $ 334, 273 163, 794 170, 479 Support( 3%) $ 215, 249 $ 131, 680 $ 83, 569 40, 949 42, 620 Construction Total 8, 251, 195 $ 5, 047, 747 $ 3, 203, 448 $ 1, 569, 690 1, 633, 758 1) SBCTA's Sharecanbefromsourcesundercontrolof SBCTAincludingbutnotlimitedto MeasureI Major Local Highway ProjectsProgram, StateTransportationImprovementProgram STIP), Surface Transportation Program ( STP), or other funds without necessitatingan amendmentofthisagreement. SBCTAshallprovideCitywrittennoticeofanychangein source of funds.
19- 1002212 Page 9 of 9

19-1002212-2

Page 1 of 3 ends

AMENDMENT NO. 2 TO PROJECT FUNDING AGREEMENT 19-1002212

FOR

BEAR VALLEY ROAD OVERHEAD AT BNSF RAILROAD PROJECT

(CITY OF VICTORVILLE)

THIS AMENDMENT NO . 2 (“AMENDMENT NO. 2”) to P roject Funding Agreement No. 19- 1002212 (“AGREEMENT”) is made and entered into by and between the San Bernardino County Transportation Authority ("SBCTA") and the City of Victorville ("CITY"). SBCTA and CITY are each a “Party” and collectively “Parties”.

RECITALS

A. The Measure I 2010 -2040 Expenditure Plan and the Victor Valley Subarea transportation planning partners have identified projects eligible for Public Share funding from the Measure 1 2010-2040 Victor Valley Subarea Major Local Highway Projects Program (" MLHP"); and

B. SBCTA prepared the Development Mitigation Nexus Study, referenced herein as the Nexus Study. originally approved in October 2005 and regularly updated, most recently on July 11, 2018, that, in accordance with the Measure I 2010-2040 Expenditure Plan, identified for projects located in CITY, the SBCTA Public Share as 51% and the CITY Development Share as 49%; and

C. The Measure I 2010-2040 Strategic Plan Policy 40013, Victor Valley Major Local Highways Program, includes as Public Share funds: Measure I Major Local Highways, State Transportation Improvement Program, Surface Transportation Program, Congestion Mitigation and Air Quality, State Local Partnership Program, and Local Partnership Program funds; and

D. The Parties entered into AGREEMENT on or about July 25, 2019, to allocate $1, 633,758 in Public Share funds to the Bear Valley Road Bridge over BNSF Railway Project (“PROJECT"); and

E. Amendment No. 1 to the AGREEMENT, dated August 18, 2021, increased the allocation from $1,633,758 to $2,231,989 to fully fund the Public Share of the PROJECT through the Construction Phase; and

F. CITY has requested an extension of the termination date to December 31, 2024.

NOW, THEREFORE, the Parties agree to amend the AGREEMENT as follows:

1. Section III, Paragraph 7 is deleted in its entirety and replaced with the following:

“7. This AGREEMENT will be considered terminated upon reimbursement of all eligible costs by SBCTA or December 31, 2024 , whichever is sooner, provided that the provisions of

19-1002212-2

Page 2 of 3 ends

Paragraphs 6, 7, 8, 9, and 10 of Section II, and Paragraphs 4, 5 , and 6 of Section III, shall survive the termination of this AGREEMENT. The AGREEMENT may also be terminated by SBCTA, in its sole discretion, in the event the PROJECT work described in Attachment A has not been in itiated by CITY within twelve ( 12) months of the Effective Date of this AGREEMENT.”

2. Except as amended by this AMENDMENT NO . 2, all other terms and conditions of the AGREEMENT, a nd amendments thereto, shall remain in full force and effect and are incorporated herein by this reference.

3. The Recitals set forth above are incorporated herein by this reference.

4. This AMENDMENT NO. 2 may be signed in counterparts, each of which shall co nstitute an original.

5. This AMENDMENT NO. 2 shall be effective on the date executed by SBCTA.

-- SIGNATURES ON FOLLOWING PAGE --

19-1002212-2

Page 3 of 3 ends

IN WITNESS WHEREOF, SBCTA and CITY have executed this AMENDMENT NO. 2 below.

SAN BERNARDINO COUNTY CITY OF VICTORVILLE

TRANSPORTATION AUTHORITY

By: _________________________________ By: _______________________________ Raymond W. Wolfe, Ph.D. Debra Jones
Executive Director Mayor

Date: ________________________________ Date: ______________________________

APPROVED AS TO FORM: ATTEST:

By: __________________________________ By: _________________________________ Julianna K. Tillquist Jennifer Thompson, SBCTA General Counsel City Clerk

Date: _________________________________ Date: _______________________________

APPROVED AS TO FORM:

By: __________________________________
Andre de Bortnowsky,
City Attorney

Date: _________________________________

By: _________________________________
Lee Brown,
Risk Manager

Date: ________________________________

Item Number: 14
City Council / Board of Directors
Written Communications
Meeting of: November 15, 2022
Submitted By:

Joe Slegers, Building Official

Subject:

Award of Construction Agreement to Aqua Source - Doris Davies Pool Re-plaster Recommendation:

That the Honorable City Council award a Construction Agreement to Aqua Source for the Doris Davies Pool Re-plaster, Project CC23-034-1, in the amount of $166,612.00.

Fiscal Impact:

Acting in accordance with the staff recommendation will result in a fiscal impact of $166,612.00. This project will be funded by Measure P (Fund 105), account 1056004F- 52410-81014, which has a project budget of $173,000.00.

Background:

The City of Victorville Strategic Plan 2020-2023 identifies multi-year strategic goals and various strategies to work toward achieving those goals. Goal E, Invest in Infrastructure, focuses on creating a healthy and livable community by maintaining the city’s assets through investment in infrastructure and innovations. In accordance with one strategy outlined within the plan, Council adopted the Parks and Recreation Master Plan on December 15, 2020, and staff have been working to implement recommendations therein.

The Park and Recreation Master Plan outlines the need to address deferred maintenance throughout the parks system (Objective 3.1).

The Doris Davies Pool, formally known as the Pebble Beach Pool, was built in the early 1980’s and is over 40 years old. In June of 2019, the City closed the pool due to safety concerns over the pool decking cracking and separating at the pool’s edge. In June 2021 the City replaced a significant portion of the deck and reopened the pool. During this project the pool was drained, and it was discovered that the pool plaster was in need of replacement. The existing plaster is cracking and flaking throughout the pool, and numerous tiles are missing or damaged (see photos in Attachment A). 2 8
5 0
Because this project was not budgeted at the time, the plaster could not be replaced as part of the Deck Replacement Project. It is feared that further delays in this deferred maintenance may result in another pool closure. The industry standard for commercial pool plaster replacement is every ten years. The most recent re-plastering of the Doris Davies Pool was in 2001. Acting now will allow the work to be completed well in advance of the aquatics season so that there are no disruptions to the services provided.

Doris Davies Pool is the only aquatic amenity in the City of Victorville. It offers aquatics classes, programs, and open swimming for our youth, adults, and seniors. Pre-COVID, the pool would average 1,000 youth participating in swim lessons per year and open swim was very popular in the summer with over 3,000 participants of all ages enjoying the pool each year. The City also rents the pool to approximately 10 local schools and other groups/organizations each year. The Doris Davies Pool is in need of re-plastering to preserve our only aquatics amenity and ensure that our community has a place to swim and cool off during the hot summer months.

Discussion:

The Doris Davies Pool Re-plaster Project was included and approved in the Fiscal Year 2022/2023 annual budget, with a project budget of $173,000.00. Informal bidding procedures were utilized for this project, as required under section 2.28.200 of the Victorville Municipal Code (VMC) for public works contracts with an estimated cost in excess of $60,000 but not more than $500,000. In August 2022, a Request for Quote (RFQ) was posted on Ebidboard.com and the City’s website. Only one contractor attended the mandatory pre-bid meeting and job walk, and no bids were received by the closing date.

When no bids are received under the informal bidding process, the project is no longer subject to competitive bidding and may be awarded by negotiated contract or purchase order in accordance with section 2.28.190 of the VMC. On October 6, 2022, staff made a second attempt to obtain quotes by emailing two potential bidders that had expressed interest in the project previously, as well as posting the project on the City’s website. On October 20, 2022, staff received the following bids.

Contractor Location Bid
Aqua Source Galt, CA $166,612.00
USA Construction Cumming, GA $173,200.00
After review and tabulation of the quotes, it has been determined that Aqua Source is the lowest responsive and responsible bidder. Staff recommends that the City Council award a Construction Agreement (Attachment B) to Aqua Source for the Doris Davies Pool Re- plaster, Project CC23-034-1, in the amount of $166,612.00.

Staff is available for questions.

Attachments: A. Photos
B. Construction Agreement
Attachment A

Attachment B

1 Construction Agreement/ Doris Davies Pool Replaster, Aqua Source, Project CC23-034-1

CONSTRUCTION AGREEMENT

BY AND BETWEEN

THE CITY OF VICTORVILLE
AND

AQUA SOURCE
FOR

DORIS DAVIES POOL REPLASTER,
PROJECT CC23-034-1
TH
IS CONSTRUCTION AGREEMENT (the “Agreement”) is made and entered into by and between the City of Victorville, a municipal corporation located in the County of San Bernardino, State of California, hereinafter referred to as the “City”, and Aqua Source, a California corporation, hereinafter referred to as the “Contractor”. The City and the Contractor a re sometimes hereinafter referred to as a “Party” and collectively referred to as the “Parties.” RE
CITALS:

W
HEREAS, the City requires Doris Davies Pool Replaster (the Project); and W
HEREAS, in light of the facts set forth above, the City desires to retain Contractor in connection with Doris Davies Pool Replaster; and
NO

W, THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS, AND

PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND V ALUABLE CONSIDERATION, THE PARTIES HERETO AGREE AS FOLLOWS:

Section 1. RECITALS
T
he Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth herein.

Section 2. TERM OF AGREEMENT
Thi
s Agreement shall commence within Fifteen (15) Calendar Days after issuance of Notice to Proceed (the “Commencement Date”) and shall terminate upon completion of the Project Sixty (60) Working Days after Commencement Date (the “Termination Date”), unless sooner terminated in accordance with the provisions of this Agreement (the “Term”). From and after the Termination Date, and upon subsequent agreement by the Parties, this Agreement may continue on a month-to-month basis until terminated pursuant to Section 3 below.

Section 3. TERMINATION OR SUSPENSION
a. Thi
s Agreement may be terminated or suspended without cause by either Party at any
time, provided that the Party initiating the termination provides the other Party at least thirty (30) d
ays advance written notice of s uch termination or suspension. In the event of suc h t
ermination, the City shall only be liable for payment under the payment provisions of this Agreement for satisfactory work rendered or supplies actually furnished prior to the effective date of termination.
2 Construction Agreement/ Doris Davies Pool Replaster, Aqua Source, Project CC23-034-1

b. This Agreement may be terminated or suspended with cause by either Party at any time, provided that the Party initiating termination provides the other Party at least ten (10) days advance written notice of such termination or suspension. In the event of such termination, the City shall only be liable for payment under the payment provisions of this Agreement for satisfactory work rendered or supplies actually furnished prior to the effective date of termination.

Section 4. CONTRACT DOCUMENTS; PRIORITY

a. Contract Documents. The Contract Documents consist of the following documents, all of which are either attached hereto as exhibits or are incorporated herein by this reference .

Said Contact Documents are intended to be correlative and constitute Contractor’s performance obligations:

1. This Agreement.

2. Exhibits A & B.

3. Notice Inviting Bids for the Project.

4. Specifications for the Project.

5. Special Provisions.

6. Faithful Performance and Payment Bond.

7. Non-Collusion Declaration.

8. Guaranty.

b. Interpretation. In the event of any conflict between any of the Contract Documents, the document highest in the order of precedence (from highest to lowest), as set forth in Subsection 4.a above shall control.

Section 5. CONTRACTOR’S OBLIGATIONS

Contractor shall complete the Project as specifically set forth in the Contract Documents.

Contractor shall furnish, at its own cost and expense, all labor, services, material, tools, equipment, supplies, transportation, and any other items and facilities necessary therefore, as provided in the Contract Documents.

Section 6. COMPENSATION

The Contractor agrees to receive and accept the following amount, not to exceed One Hundred Sixty-six Thousand Six Hundred Twelve and 00/100 Dollars ($166,612.00), as full compensation for furnishing; all materials, doing all the work contemplated and embraced in this contract, all loss or damage arising out of the nature of the work aforesaid, the action of the elements, any unforeseen difficulties or obstru ctions which may arise or be encountered in the execution of the work until its acceptance by the City, and for all risks of every description connected with the work, all expenses incurred by or in consequence of the suspension or discontinuance of work w ell and faithfully completing the whole work, thereof, according to the requirements of the agreement documents and to the satisfaction of Eddie Gleason, Facilities Manager, or his designee, to wit: See Exhibit “A”, Scope of Work.

Section 7. BID PROPOSAL FORMS

The City shall pay Contractor as provided in the Bid Proposal Forms, attached hereto as Exhibit “B”, and incorporated herein by this reference as though set forth in full, subject to approval of the City, when applicable.
3 Construction Agreement/ Doris Davies Pool Replaster, Aqua Source, Project CC23-034-1

Section 8. PREVAILING WAGES

a. State Wages - In accordance with the provisions of California Labor Code Sections (1720,1770-1776, 1810, 1813 and 1815, as amended and applicable) , the State Director of Industrial Relations has determined the general prevailing rates of per diem wages in the locality where the Project is to be done. Copies of the updated Wage Determination rates are available from the CITY and the State of California via the internet at www.dir.ca.gov. Additionally, copies of the prevailing rate of per diem wages and federal wage decision rates are on file at the City of Victorville Finance Department and shall be made available for review to any interested party on request. Notwithstanding anything in the Contract Documents to the contrary, Contractor and all subcontractors shall pay not less than said specified State of California rates to all workers employed by them in the execution of the work contemplated by this Contract. Contractor shall be responsible for using the correct and current prevailing wage rates.

b. AB219 (as applicable) adds Section 1720.9 to the Labor Code, the hauling and delivery of ready-mixed concrete to carry out a public works contract, with respect to contracts involving state agency or any political subdivision of the state. Section 1720.9 defines the term “ready-mixed” concrete and specifies that the rate of pay shall be the current prevailing wage “for the geographical area in which the factory or batching plant is located” as determined by the DIR. The statute also requires a written agreement between the party hauling or delivering the ready-mixed concrete and the party that engaged its services. Nothing in Section 1720.9 shall cause any company to be treated as a contractor or subcontractor for any purpose other than the application of this chapter of the Labor Code.

c. The delivery company shall provide certified payroll records under Labor Code section 1776(a) to the party that engaged its services and to the general contractor within five working days after the employee has been paid, accompanied by a written time record within five working days after the employee has been paid, accompanied by a written time record. The time record must be certified by each driver for the performance of job duties.

d. Contractor shall be solely responsible for using the correct wage decision or determination and performing accordingly. An error on the part of any awarding body does not relieve the Contractor from the responsibility for payment of the correct State prevailing wage and compliance with the maintenance and inspection of payroll records, posting of prevailing wage rates at work site, employment of apprentices, and other requirements of California Labor Code Section 1720, et seq.; California Code of Regulations, Title 8, Section 16000 et seq .; and all other applicable State labor laws. Contractor further acknowledges and agrees that it will be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with those laws. Contractor will require the same of all its subcontractors.

NOTE: Copies of the Certified Payrolls, Proof of Payroll submissions and appropriate Lien Releases are required with each invoice to the City. Payment of the invoice may be delayed when Payroll related documents and/or lien releases are not included with the invoice. An error on the part on any awarding body does not relieve the Contractor from responsibility for payment of the prevailing wage of per diem wages and penalties pursuant to Labor Code (1770 - 1776).

4 Construction Agreement/ Doris Davies Pool Replaster, Aqua Source, Project CC23-034-1

Section 9. W ORKERS’ COMPENSATION INSURANCE

Contractor shall procure and maintain, at its own expense, during the Term of this Agreement, workers’ compensation insurance, providing coverage as required by the California State Workers’ Compensation Law. If any class of employees employed by Contractor is not protected by the California State Workers’ Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the City.

In conformance with current statutory requirements of Section 1860 et seq., of the Labor Code of the State of California, the undersigned confirms the following as their certification:

I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions before commencing the performance of the work of this contract.

Section 10. NOTICE TO PROCEED

No work, service, material, or equipment shall be performed or furnished under this Contract unless and until a Notice to Proceed has been given to the Contractor by the City.

Contractor shall commence work pursuant to the Contract Documents as directed by the City in the Notice to Proceed, and to diligently execute the same to completion within the time limits set forth in the Contract Documents.

Section 11. COMPLIANCE WITH LAWS

Contractor shall comply with all local, state, and federal laws and regulations applicable to the performance of the work required by the Contract Documents, including any rule, regulation, or bylaw governing the conduct or performance of Contractor, its employees, officers, board members, agents, independent contractors, and subcontractors. Unless otherwise specified in the Contract Documents, all required permits and licenses shall be held or obtained by the Contractor at its sole expense.

Section 12. COMMERCIAL GENERAL AND AUTOMOBILE LIABILITY

INSURANCE

Contractor shall procure and maintain at its own expense, during the term of this Agreement, com mercial general liability insurance, of not less than One Million Dollars ($1,000,000) per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or damage resulting from the wrongful or negligent acts by the Contractor or its officers, employees, servants, volunteers, and agents and independent contractors.

Contractor shall further procure and maintain, at its own expense, during the Term of this Agreement, commercial vehicle liability insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) Combined Single Limit, covering any vehicle(s) utilized by Contractor or its officers, employees, servants, volunteers, or agents and independent contractors in performing the services required by this Agreement.

5 Construction Agreement/ Doris Davies Pool Replaster, Aqua Source, Project CC23-034-1

Section 13. RESERVED

Section 14. ADDITIONAL INSURED

Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers' Compensation coverage, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers, and agents and independent contractors, including, without limitation, the City Attorney, are named as Additional Insureds.

Section 15. WAIVER OF SUBROGATION RIGHTS

Contractor shall r equire the carriers of all required insurance policies to waive all rights of subrogation against the City and its officers, volunteers, employees, contractors, and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver.

Section 16. PROOF OF INSURANCE COVERAGE; REQUIRED PRIOR TO

COMMENCEMENT OF SERVICES

a. Contractor shall secure from a good and responsible company or companies authorized to do insurance business in the State of California the policies of insurance required by this Agreement and furnish to the City Clerk certificates of said insurance at least one (1) day prior to the commencement of any services to be performed under this Agreement.

b. The certificates of insurance shall bear an endorsement whereby it is provided that, in the event of cancellation or amendment of any required insurance policy for any reason whatsoever, the City shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. In the case of non -payment, ten (10) days’ advance written notice shall be given.

c. The certificates of insurance shall bear an endorsement whereby it is provided that the respective insurance policy shall not be terminated or expire without first providing thirty (30) days written notice to the City of such termination or expiration.

d. The certificates of insurance shall indicate that the respective insurance policy will be maintained throughout the Term of this Agreement.

e. The Commercial General Liability and vehicle liability policies shall be endorsed to contain the following provision: “For any claims related to this Contract, Contractor’s service coverage shall be pri mary with respect to the City. Any insurance maintained by the City shall be in excess of Contractor’s insurance and shall not contribute to it.

Section 17. TIME OF THE ESSENCE

Time is of the essence in the performance of this Agreement.

Section 18. INDEMNIFICATION

Notwithstanding the limits of any insurance, Contractor shall indemnify the City, its officials, officers, agents, volunteers and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, 6 Construction Agreement/ Doris Davies Pool Replaster, Aqua Source, Project CC23-034-1

losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising or alleged to arise from the negligent acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, but excluding such claims or liabilities or portion of such claims or liabilities arising or alleged to arise from the negligence or willful misconduct of the City its officials, officers, agents, volunteers or employees, and in connection therewith:

a. Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith;

b. Contractor will promptly pay any judgment rendered against the City, its officials, officers, agents or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor's (or its agents', employees', subcontractors' or invitees') negligent performance of or failure to perform such work, operations or activities hereunder; and Contractor agrees to save and hold the City, its officials, volunteers, officers, agents, and employees harmless there from;

c. In the event the City, its officials, officers, agents, volunteers or employees is made a Party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor shall pay to the City, its officials, volunteers officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel acceptable to City;
d. Contractor's duty to defend and indemnify as set out in this Section shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter -Cologne Water Quality Control Act, as any of those statutes may be amended from time to time;

The Contractor's indemnification obligations pursuant to this Section shall survive the termination of this Agreement. Contractor shall require the same indemnification from all subcontractors.

Section 19. REPORTS

Upon request by Eddie Gleason, Facilities Manager , or his designee, Contractor shall prepare and submit reports concerning Contractor's performance of the work required by this Agreement.

7 Construction Agreement/ Doris Davies Pool Replaster, Aqua Source, Project CC23-034-1

Section 20. RECORDS

a. Contractor shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable Eddie Gleason, Facilities Manager, or his designee, to evaluate the cost and the performance of such services.

b. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles . Eddie Gleason, Facilities Manager , or his designee, shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.

c. Eddie Gleason, Facilities Manager, or his designee, shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.

d. Records and supporting documents pertaining to the use of funds paid to Contractor hereunder shall be retained by Contractor and made available to Eddie Gleason, Facilities Manager, or his designee, for purposes of performing an audit for a period of five (5) years from the date of termination of this Agreement.

Section 21. MODIFICATIONS AND AMENDMENTS

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

Section 22. ENTIRE AGREEMENT

a. This Agreement supersedes any and all prior or contemporaneous agreements, either oral or written, between the City and Contractor with respect to the subject matter of this Agreement.

b. The Contract Documents contain all of the covenants and agreements between the Parties with respect to the subject matter herein, and each Party acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any Party, except those covenants and agreements in this Agreement and the Contract Documents.

c. No agreement, statement, or promise with respect to the subject matter of the Contract Documents, which is not contained in the Contract Documents, or in a valid modification or amendment to the Contract Documents, shall be valid or binding on either Party.

Section 23. AMBIGUITIES

This Agreement is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted against either of them.

Except as expressly limited by this paragraph, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Agreement.

Notwithstanding the foregoing, the Parties agree that Exhibit “B” is attached hereto for reference purposes and to the extent there are any ambiguities, inconsistencies or conflicts between the terms of this Construction Agreement and Exhibit “ B” the terms of this 8 Construction Agreement/ Doris Davies Pool Replaster, Aqua Source, Project CC23-034-1

Construction Agreement shall control and nothing set forth in Exhibit “B” shall be deemed to supersede any of the provisions of this Construction Agreement.

Section 24. NOTICES

a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the Parties as follows:

To the City: Eddie Gleason, Facilities Manager
Building Department
City of Victorville
14343 Civic Drive
Victorville, CA 92392

To Contractor: F. Ronald Ybarra, President
Aqua Source
P.O. Box 1146
Galt, CA 95632

b. Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.

Section 25. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES

No officer or employee of the City shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to Contractor or to its successor(s), or for any breach of any obligation of the terms of this Agreement.

Section 26. REVIEW BY ATTORNEYS

Each Party hereto has had its attorneys review this Agreement and all related documents. Each Party hereto has consulted with its attorneys and has negotiated the terms of this Agreement based on such consultation.

Section 27. CARE OF WORK

Contractor must adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and other components to prevent losses or damages, and will be responsible for all damages, to persons or property, until acceptance of the work by the City, except those losses or damages as may be caused by the City’s own negligence. The performance of the work by Contractor or the payment of money by the City shall not relieve Contractor from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to the City, when such inaccuracies are due to the negligence of Contractor.

9 Construction Agreement/ Doris Davies Pool Replaster, Aqua Source, Project CC23-034-1

Section 28. CAPTIONS AND HEADINGS

The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.

Section 29. SUCCESSORS, HEIRS, AND ASSIGNS

Except as otherwise expressly provided herein, this Agreement shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties to this Agreement and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties.

Section 30. GENDER; PLURAL

In this Agreement, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another.

Section 31. SEVERABILITY

If any one or more of the sentences, clauses, paragraphs, or sections contained herein is declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.

Section 32. GOVERNING LAW

The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the Parties under this Agreement, shall be construed pursuant to and in accordance with California law.

Section 33. CUMULATIVE REMEDIES

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other Party.

Section 34. VENUE

All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in San Bernardino County, California.

Section 35. ATTORNEY'S FEES

Should any litigation, specifically including but not limited to, arbitration and other non- judicial resolution of disputes be commenced between the Parties to this agreement concerning this agreement or the rights and duties of either i n relation thereto, the Parties prevailing in such 10 Construction Agreement/ Doris Davies Pool Replaster, Aqua Source, Project CC23-034-1

litigation or other proceeding shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for attorney fees in such litigation where the proceeding which, if not agreed upon by the Parties, shall be determined by the court or other entity in which such litigation or other proceeding is brought.

Section 36. EFFECTIVENESS OF AGREEMENT

This Agreement shall not be binding upon the City, until signed by the authorized representative(s) of Contractor , approved by the City’s Risk Manager, and executed by the authorized City personnel or Mayor.

Section 37. REPRESENTATIONS OF PARTIES AND PERSONS

EXECUTING AGREEMENT

a. Each of the Parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the Parties hereto.

b. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the Parties each purports to represent.

Section 38. COUNTERPARTS

This Agreement may be executed by the Parties in counterparts, and when executed by each of the Parties, each counterpart shall be deemed to be a part of this Agreement.

(END OF THIS PAGE)

11 Construction Agreement/ Doris Davies Pool Replaster, Aqua Source, Project CC23-034-1

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the dates written below.

THE CITY OF VICTORVILLE AQUA SOURCE

By:_______________________________ By:_________________________________ Debra Jones, F. Ronald Ybarra,
Mayor President

Dated:______________________________ Dated:______________________________

ATTEST

By:________________________________
Jennifer Thompson,
City Clerk

Dated:_____________________________

THE CITY OF VICTORVILLE APPROVED AS TO STANDARD FORM

By:________________________________ By:________________________________ Lee Brown, Andre de Bortnowsky,
Risk Manager City Attorney

Dated:______________________________ Dated:_____________________________

12 Construction Agreement/ Doris Davies Pool Replaster, Aqua Source, Project CC23-034-1

EXHIBIT A

SCOPE OF WORK

C ity agrees to engage C ontractor and Contractor agrees to furnish all necessary labor, tools, materials, and equipment for and do the Work for the Project. The Work shall be performed in accordance as generally described in the Request for Quote, Project Number CC23-034-1, for the Project, portions of which are attached hereto for ease of reference as Exhibit "A", and the entirety of which is currently on file in office of the City Clerk); and (ii) the prices set forth in Contractor’s Bid Proposal (attached as Exhibit "B").

C

ITY OF VICTORVILLE
CC23-034-1 DORIS DAVIES POOL REPLASTER
SC

OPE OF WORK
The City of Victorville is requesting bids for the re-plastering of its outdoor pool Doris Davies Park located at 16305 Hughes Road, Victorville, CA 92395. The scope of work shall include but is not limited to all materials and labor necessary to complete the removal and disposal of the existing pool surface, and the application of a new plaster surface or like product. Contractor shall comply with all OSHA requirements and safety guidelines associated with the work within this contract. Contractor is also responsible to procure and post any required permits prior to the commencement of work which may include, but is not limited to, the City of Victorville, San Bernardino County Public Health, and Mojave Desert Air Quality Management District.

The f
ollowing are the minimum requirements for this project. All bids shall include a fully delivered pool resurfacing, meeting the following minimum specifications and requirements. Any deviation or exception must be clearly noted, explained, and included with your submitted bid. This document describes the replacement of the existing pool lights with retrofit LED light fixtures. The contractor shall submit a separate price to remove the existing light fixtures and replace with new LED light fixtures.

This will be designated as Line Item #2, “Option 1” on the Bid Form. This document also describes repairing unforeseen tile damage. The contractor shall submit a price per hour for labor to repair such damage. If repairs are necessary and approved, a change order shall be submitted reflecting the price per hour. This will be designated as Line Item #3, “Labor Rate Per Hour” on the Bid Form.

P

OOL SIZE
• The pool holds approximately 180,000 gallons. It measures 80 feet x 45 feet and ranges from 3 ½ to 12 feet in depth.

PREPARATION OF POOL SURFACE
The City of Victorville shall:
• Drain the pool in preparation of the work
• Remove the two (2) drain covers
Contractor shall:
• Waterblast or tear out existing pool plaster.
• Cut and chip below tile or gutter system along the perimeter of the pool. • Cut and chip around all fittings, returns, and drains • Protect ceramic tile, decking, deck equipment, grating, pool light fixtures, fittings, and other items by suitable covering or masking
• Examine pool surfaces to identify conditions that might interfere with proper bonding of coating. • Look for algae, mold, or mildew.
• Look for dirt, paint, mortar droppings, patching compounds, loose tile, and cracked plaster. • Repair cracks/holes
• Clean pool surfaces of all material that might interfere with proper bonding of coating. • On existing plastered surfaces, apply bond coat
• Clean with high pressure water or by sand blasting.
• Acid wash until algae, mold, and mildew are gone.
• Fill holes with specified patching cement to level of existing plaster.

EXHIBIT A, SCOPE OF WORK, PROJECT CC23-034-1
13/Construction Agreement/ Doris Davies Pool Replaster, Aqua Source, Project CC23-034-1 I

NSTALLATION
Contractor shall:
• Install a minimum of two (2) coats of finish. New plaster shall be white. All pool finish work must strictly follow manufacturer installation guidelines, references, and recommendations. • Mix coating to produce best quality and consistent color throughout. If material from more than one batch number is used, mix all batches together for color consistency. • Avoid practices that may cause washouts, shadows, streaks, or discoloration. • Replace or repair all damaged tiles within the pool and re-caulk/re-grout. Replacement tile shall match the existing. If a tile cannot be matched exactly, a tile that matches the closest in spectrum shall be submitted to the Project Manager for approval. • Complete installation of fully bonded, reinforced polymeric system pool finish. • Allow proper amount of time to cure properly. Follow the start-up below.

START-UP
Contractor shall:
• Be responsible for the finish prior to filling the pool with water. • Coordinate with the City to fill the pool with in the required timeframe to avoid damage to the new plaster.

The City of Victorville shall;
• Fill pool after it is properly cured.
• Install the (2) drain covers
• Prime and start circulation pump
• Chemically treat after 48 hours
• Test water and adjust chemistr
y
LI
GHT FIXTURE REPLACEMENT (OPTION 1)
• R
emove eight (8) existing pool light fixtures
• Install eight (8) J & J 120-volt, pure white LED light fixture, part number LPL-F3W-120-150-P (
or equal). Product specification sheet attached.
• Pull electrical cord to junction box located in the pump room and terminate.

EXHIBIT A, SCOPE OF WORK, PROJECT CC23-034-1
14/Construction Agreement/ Doris Davies Pool Replaster, Aqua Source, Project CC23-034-1 15 Construction Agreement/ Doris Davies Pool Replaster, Aqua Source, Project CC23-034-1

EXHIBIT B
B

ID PROPOSAL FORMS
S
ee Attachment
EXHIBIT B, BID PROPOSAL FORM, PROJECT CC23-034-1
17/Construction Agreement/ Doris Davies Pool Replaster, Aqua Source, Project CC23-034-1 EXHIBIT B, BID PROPOSAL FORM, PROJECT CC23-034-1
18/Construction Agreement/ Doris Davies Pool Replaster, Aqua Source, Project CC23-034-1 Item Number: 15
City Council / Board of Directors
Written Communications
Meeting of: November 15, 2022
Submitted By:

Josie Trevino, Human Resources Officer
Doug Mathews, Director of Public Works and Water

Subject:

Adoption of Resolution No. 22-121 Regarding Range Change for Fire Mechanic, Senior Fire Mechanic, and Lead Mechanic positions.

Recommendation:

That the Honorable Victorville City Council adopt Resolution No. 22-121, updating the pay range for the positions of Fire Mechanic, Senior Fire Mechanic, and Lead Mechanic.

Fiscal Impact:

No additional appropriation is requested. Due to salary savings created by vacancies in the Fire and Public Works Departments, the approved Fiscal Year 2022-2023 Budget is projected to be sufficient to absorb any additional costs associated with this item.

Background:

On June 21, 2022, the Victorville City Council took action to approve Resolution No. 22- 068, revising the Table of Organization and Compensation Schedule with an effective date of July 1, 2022. Amongst other revisions made, the Table of Organization included two new positions to address the lack of designations for Fire Mechanic at salary range 25 and Senior Fire Mechanic at salary range 31. This specialty field, requiring unique certifications, is widely recognized throughout all cities that maintain fire apparatus and equipment internally. Both positions were identified as being required to address the needs of our Fire Department with the maintenance and repair of equipment. This same resolution also included the existing supervisory position of Lead Mechanic at salary range 35.

Currently, the Fire Mechanic position has a salary range difference from the Senior Mechanic position of four steps below, resulting in a 10% difference in pay with a higher demand for skills and certifications. The Senior Fire Mechanic position has a salary 2 8
5 4
difference from the Senior Mechanic position of two steps above, resulting in the same 5% pay difference with a higher demand for skills and certifications. •Range 35: Lead Mechanic
•Range 31: Senior Fire Mechanic
•Range 29: Senior Mechanic
•Range 25: Fire Mechanic
•Range 23: Mechanic
After observing the progress of the current recruitment for fire mechanics, staff believes that a salary structure adjustment is necessary to engage qualified candidates and persuade passive candidates to apply for a position with the City. The proposed salary range adjustments would also make these positions more competitive with other cities maintaining similar staffing.

Discussion:

In order to remain competitive with other government Fleet Departments that maintain fire apparatus and equipment, and to continue to attract and retain qualified employees, staff recommends that both the Fire Mechanic and the Senior Fire Mechanic position salary ranges be updated from 25 and 31 to 31 and 34, respectively. As a result of the Senior Fire Mechanic range update, it is also recommended that the Lead Mechanic range increase from 35 to 36 to maintain the appropriate compensation for supervisory responsibilities and address compaction issues.
•Range 36: Lead Mechanic
•Range 34: Senior Fire Mechanic
•Range 31: Fire Mechanic
•Range 29: Senior Mechanic
•Range 23: Mechanic
These salary upgrades would provide the appropriate compensation for additional skills required of all positions and afford the opportunity for better employee retention. The Fire Mechanic position differs from the Mechanic and Senior Mechanic positions with the additional minimum qualification of successful completion of the Automotive Service Excellence (ASE) certification with ASE Series test Medium-Heavy Duty Truck Series T1 through T8, in addition to the successful completion of Fire Mechanic Certification I from a professionally recognized institution by the end of their probationary period. The position of Senior Fire Mechanic differs from Fire Mechanic with another year of required experience in the maintenance and repair of vehicles and heavy equipment, the possession of the Fire Mechanic Certification I, and the successful completion of Fire Mechanic Certification II from a professionally recognized institution within four years of appointment to this position. The Lead Mechanic position requires a minimum of two years of supervisory or lead experience and has the responsibility of supervising all mechanic staff, including both Fire Mechanic positions, in addition to the delegation of mechanic tasks, quality control and assurance, and training existing staff. This position is essentially a shop foreman.
2 8
5 4
These increases in pay are recommended based on a review of current market conditions, recruitment challenges, and a strong desire to maintain a qualified workforce that is compensated appropriately for their knowledge and skills. These updates will appropriately differentiate all mechanic positions within the Fleet division to establish a line of progression that reflects competitive pay.

The attached Resolution No. 22-121 outlines the range changes that will pertain to the Fire Mechanic, Senior Fire Mechanic, and Lead Mechanic. If approved, these changes will be incorporated into the currently approved FY 22-23 Table of Compensation and Benefits Resolution.

Staff remains available for any questions the Council may have.

Attachments: A. Resolution No. 22-121
1 2
8 6
4 ATTACHMENT A
1 2
8 6
4 RESOLUTION NO. 22-121

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE REGARDING

RANGE CHANGES FOR FIRE MECHANIC, SENIOR FIRE MECHANIC, AND LEAD

MECHANIC
WHEREAS, the City Council of the City of Victorville adopted Resolution No. 22-068 on June 21, 2022, thereby fixing the rates of compensation, and establishing fringe benefits for non-represented employees of the City of Victorville for FY 22-23; and WHEREAS, after completion of the Table of Organization and Compensation Schedule for FY 22-23, a need to amend the salary range for Lead Mechanic, Fire Mechanic, and Senior Fire Mechanic being recommended to the Council for approval.

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

SECTION 1. That the Table of Organization and Compensation Schedule for FY 22- 23 for the City of Victorville be herby amended to reflect a change in the ranges for Fire Mechanic, Senior Fire Mechanic, and Lead Mechanic as described in the corresponding Agenda Item.

Title From Range To Range
Fire Mechanic 25 31
Senior Fire Mechanic 31 34
Lead Mechanic 35 36
SECTION 2. The changes will become effective immediately after City Council approval of this resolution.

← All documents from this meeting