public nuisance. The following conditions that exist on the Property immediately jeopardize the public health or safety, are in violation of the Victorville Municipal Code, and render the building located on the Property dangerous as defined in Section 108.1.5 of the International Property Maintenance Code (2012):
A. The Property has a partially demolished building. The remnants of the partially demolished structure remain on the property. The partially demolished building detrimentally impacts the surrounding neighborhood and/or property values because of such dilapidation, deterioration, decay and lack of maintenance in violation of Victorville Municipal Code 16-6.05.030(g).
B. The partially demolished structure has been abandoned so as to become an attractive nuisance to children who might play in the structure, to harbor vagrants, criminals, or immoral persons or enables persons to resort to the structure for committing a nuisance or unlawful act in violation of International Property Maintenance Code Section 108.1.5(7)
C. The Property has trash and debris scattered throughout parcel since the time the structure burned on April 17, 2018. The accumulation of trash, rubbish, and burned debris is a violation of Victorville Municipal Code Sections 16-6.05.030(a), (b) and {g), 16-6.03.020(k), and International Property Maintenance Code Section 308.1.
D. The Property has an accumulation of abandoned inoperable vehicles throughout the parcel. The storage of inoperable vehicles Is a violation of Victorville Municipal Code Section 16-6.13.020(a)(1).
E. There are noxious weeds throughout the property. The presence of noxious weeds is a violation of Victorville Municipal Code Section 13.32.130.
Pursuant to Health and Safety Code section 17980(a) et.seq., the conditions on your property constitute a nuisance. Toward that end, you are directed to take the following actions:
WITHIN FIFTEEN (15) DAYS YOU MUST:
(1) Remove and properly dispose of all trash, debris and rubbish in the structure and throughout the entire parcel.
(2) Remove all inoperable vehicles from the Property.
(3) Secure a demolltlon permit to remove the structure.
You must physically commence work to abate/ remove 14 days after demolition permit issuance.
Please contact the Building Department at 760-955-5100 for further information on plan submittal requirements
If full compliance is not met within fifteen (15) days of the date of the Proof of Service attached to this Order, the Code Enforcement Division will proceed to cause the work to be done and charge the costs thereof against the property, or its owners.
If you fail to remedy these violations as herein required within the timeframes provided, the City will commence with the Abatement Process which may include Demolition and placement of a lien or special assessment on the property for its costs, including attorney's fees, as provided in the Victorville Municipal Code 16-6.04.030. You should know that the cost of the Demolition Process Order to Abate Dangerous Building and Public Nuisances
15045 Loves Ln, Victorville, CA 92395
frequently amounts to many thousands of dollars. Please note that a violation of the Victorville Municipal Code is also a misdemeanor.
YOU MAY APPEAL THIS NOTICE AND ORDER
Any person having any record title or legal interest in the building may appeal this notice and order or enforcement to the Code Enforcement Official provided the appeal is made in writing as provided in the Victorville Municipal Code §16-6.01.150 within ten (10) days from the date of service of this notice and order. An appeal hearing before the board of appeals (Planning Commi ssion) may also be requested and granted provided the appeal process has been adhered to in accordance with the International Property Maintenance Code (2012) § 111.1 and Victorville Municipal Code §16-2.02.050.
FAILURE TO APPEAL THIS NOTICE AND ORDER WILL CONSTITUTE A WAIVER OF ALL RIGHTS TO AN APPEAL HEARING AND DETERMINATION OF THE MATTER.
Please contact the Code Enforcement Division at (760) 955-5104, if you would like to discuss this matter.
Respectfully,
Jorge Duran
Code Enforcement Official
CC:
Ngan Hong Voong
15048 Loves Ln
Victorville CA 92395
Order to Abate Dangerous Building and Public Nuisances
15045 Loves Ln, Victorville, CA 92395
CITY OF
VICTORVILLE
September 21, 2022
Charles W Riether
16663 Victor St.
Victorville, CA 92395-3921
Attention:
All Persons with Interest on subject property listed below Dn- LOPl\fF:NT DJ< n
Pl ,nning • Building• Code Enfortemenl •
Business License • Animal Control
ORDER TO ABATE
DANGEROUS BUILDING
AND PUBLIC NUISANCES
Victorville Municipal Code Article 4 Chapter 6, of Title 16 and the International Property Maintenance Code 2012 Edition
LOCATION OF DANGEROUS BUILDING: 16663 Victor Street, Victorville, CA 92395 APN 0477-541-14
LEGAL DESCRIPTION: PARCEL 1, PARCEL MAP 25, AS PER MAP RECORDED IN BOOK 1 OF PARCEL MAPS, PAGE 34, RECORDS OF SAID COUNTY.
TO THE OWNERS, OCCUPANTS, LENDERS, or TRUSTEES OF THE ABOVE REFERENCED PROPERTY:
NOTICE IS HEREBY GIVEN that the Code Enforcement Official of the City of Victorville has found the building located at 16663 Victor Street, Victorville, CA (APN 0477-541-14) ("Property") to be dangerous.
The following conditions that exist on the Property immediately jeopardize the public health or safety, are in violation of the Victorville Municipal Code, and render the building located on the Property dangerous as defined In Section 108.1.5 of the International Property Maintenance Code (2012):
A. The building(s) on the Property are unsecured, vacant, burned and abandoned. The building(s) detrimentally impacts the surr ounding neighborhood and/or property values because of such dilapidation, deterioration, decay and lack of maintenance in violation of Victorville Municipal Code 16-6.13.020(f).
Order to Abate Dangerous Building and Public Nuisances
16663 Victor Street, Victorville, CA 92395
B. The Property contains large amounts of partially burned trash, furniture and debris scattered throughout the interior and exterior of the buildings since the time it burned on August 27, 2022. The outside storage of trash, burned materials, furniture and debris is a violation of Victorville Municipal Code Sections 16-6.13.020(b), (1) and (2), 16-6.03.020, and International Property Maintenance Code Section 308.1.
c. The primary building sustained substantial fire damage which has severely comprom ised the strength and stability of the structure making it dangerous, in violation of the following International Property Maintenance Code Sections.
1. The roof structure was severely damaged by fire and is likely to collapse in violation of International Property Maintenance Code Section 108.1.5(3)
2. The exterior of the structure was severely damaged by fire and is no longer of sufficient strength or stability in violation of International Property Maintenance Code Section 108.1.5(4)
3. The building is no longer suitable and is clearly unsafe for its use and occupancy in violation of International Property Maintenance Code Section 108.1.5(6)
4. The structure was damaged and abandoned so as to become an attractive nuisance to children who might play in the structure, to harbor vagrants, criminals, or immoral persons or enables persons to resort to the structure for committing a nuisance or unlawful act in violation of International Property Maintenance Code Section 108.1.5(7) D. Due to the damage sustained in the fire the building's water supply has been turned off. There is a lack of hot or cold water in violation of California Health & Safety Code 17920.3(a)(5).
E. Due to the damage sustained in the fire there is no means of adequate heating in violation of California Health & Safety Code 17920.3(a)(6) F. Due to the damage sustained in the fire there is damage to the roof or other structure providing weather protection in violation of California Health & Safety Code.17920.3(g)(3).
G. Due to the damage sustained in the fire there are no sanitary facilities making it unsani tary and unfit for human habitability in violation of California Health & Safety Code 17920.3(a)(1).
WITHIN TEN (101 DAYS YOU MUST:
1) Board up and/or adequately secure the structure so as to prevent unauthorized persons from entering the structure (board up shall be done as per FHA standards with lag bolts and 5/8" plywood), clean and properly dispose of all trash, debris, and rubbish in and around the structure.
2) Remove and properly dispose of all trash, debris and rubbish in the structure and throughout the entire parcel
Order to Abate Dangerous Building and Public Nuisances
16663 Victor Street, Victorville, CA 92395
WITHIN THIRTY (301 DAYS YOU MUST:
1) Secure a demolition permit to remove the structure.
or
2) Submit plans to the Building and Safety Division to rehabilitate the structure.
You must physically commence work to abate/ remove 14 days after demolition permit issuance or 45 days after rehabilitation permit issuance. Please contact the Building Department at 760-955-5100 for further information on plan submittal requirements FAILURE TO COMPLY:
If full compliance is not met as stated, the City WILL:
1. The City's Code Enforcement Official will commence with the Abatement Process which may include Demolition and placement of a lien or special assessment on the property for its costs, including attorney's fees, as provided in the Victorville Municipal Code 16-
6.04.030. You should know that the cost of the Demolition Process frequently amounts to many thousands of dollars. Please note that a violation of the Victorville Municipal Code is also a misdemeanor.
2. Seek bids from demolition contractors to demolish the structure.
3. Enter your property under exigent circumstances to implode the structure and reduce the public hazard using heavy equipment operated by our hired City Contractor. This authority is supported through IPMC section 109.1 (Immanent Danger) and VMC16-6.01-110 (Summary Abatement of Nuisances).
4. Cause all abatement expenses to be assessed against the parcel secured through a property tax lien. This authority is supported through IPMC 109.5 (Cost of Emergency Repairs) and VMC 16-6-01-140 (Cost Recovery and Special Assessments).
YOU MAY APPEAL THIS NOTICE AND ORDER
Any person(s) having any record title or legal interest in the building may appeal this notice and order or any action to the Code Enforcement Official provided the appeal is made in writing as provided in the Victorville Municipal Code §16-6.01.150 WITHIN THIRTY (30) DAYS FROM THE DATE OF SERVICE OF THIS NOTICE AND ORDER.
DUE TO THE DIRE AND HAZARDOUS CONDITIONS AT THIS PROPERTY, PLEASE NOTIFY THE
CITY'S CODE ENFORCEMENT OFFICIAL OF YOUR WRITTEN APPEAL IMMEDIATELY VIA EMAIL AT [email protected] . An appeal hearing before the board of appeals (Planning Commission) may also be requested and granted provided the appeal process has been adhered to in accordance with the International Property Maintenance Code (2012) §111.1 and Victorville Municipal Code §16-2.02.050.
You may also notify us if you are not objecting to the City moving forward with abatement action. The City will still seek a court order but will cite the non-objection to the abatement action from property owner's or interested party
Order to Abate Dangerous Building and Public Nuisances
16663 Victor Street, Victorville, CA 92395
Page3 of5
FAILURE TO APPEAL THIS NOTICE AND ORDER WILL CONSTITUTE A WAIVER OF ALL RIGHTS TO AN APPEAL HEARING AND DETERMINATION OF THE MATTER.
Please contact the Code Enforcement Division at (760} 955-5104 if you would like to discuss this enforcement matter. Please contact the Building Department to inquire as to permit requirements.
Respectfully,
Jorge Duran
Code Enforcement Official
CC: Boajin Riether
16663 Victor St
Victorville, CA 92395-3921
CC: Charles W. Riether
16663 Victor St
Victorville, CA 92392
CC: Boajin Riether
16663 Victor St
Victorville, CA 92392
CC: Financial Freedom Senior Funding Corporation,
A Subsidiary of Indymac Bank, F.S.B.
3009 Douglas Blvd STE 210
Roseville, CA 95661
CC: Secretary of Housing and Urban Development
451 Seventh Street S.W.
Washington, DC 2041 O
Order to Abate Dangerous Building and Public Nuisances
16663 Victor Street, Victorville, CA 92395
CC: Secretary of Housing and Urban Development
C/0 Docsolutionsusa, LLC OBA Docsolutionsusa, Inc.
Warren E. Johnsey, Attorney at Law
2316 Southrnore
Pasadena, TX 77502
CC: Secretary of Housing and Urban Development
C/0 Charles A Brown, Brown & Associates
2316 Southmore
Pasadena, TX 77502
CC: Secretary of Housing and Urban Development
C/0 Financial Freedom Senior Funding Corporation
A Subsidiary of Indymac Bank, F.S.B.
3009 Douglas Blvd STE 210
Roseville, CA 95661
Order to Abate Dangerous Building and Public Nuisances
16663 Victor Street, Victorville, CA 92395
ATTACHMENT F
ATTACHMENT G
ATTACHMENT H
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 and B
3. Notice Inviting Bids for the Project.
4. Special Provisions.
5. Faithful Performance and Payment Bonds
6. Non-Collusion Declaration.
7. 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 Fifty-eight Thousand Seven Hundred Eighty-seven and 00/100 Dollars ($158,787.00), as full compensation for furnishing; all materials, doing all the work contemplated and embraced in this contract, all loss or damage arising out of the nature of the work aforesaid, the action of the elements, any unforeseen difficulties or obstructions which may arise or be encountered in the execution of the work until its acceptance by the City, and for all risks of every description connected with the work, all expenses incurred by or in consequence of the suspension or discontinuance of work well and faithfully completing the whole work, thereof, according to the requirements of the agreement documents and to the satisfaction of Jorge Duran, Code Enforcement Official, or his designee, to wit: See Exhibit "A", Scope of Work.
Section 7. BID PROP OSAL FORMS
The City shall pay Contractor as provided in the Bid Proposal Forms, attached hereto as Exhibit "A", and incorporated herein by this reference as though set forth in full, subject to approval of the City, when applicable.
2 Construction Agreement/Thomas Land Clearing Co1J1pany/Project CC23-045
Item Number: 15
City Council / Board of Directors
Written Communications
Meeting of: January 17, 2023
Submitted By:
Jennifer Thompson, City Clerk
Subject:
Fiscal Year 2022-2023 Training Schedule for Newly Elected Council Member Bob Harriman
Recommendation:
That Your Honorable City Council approve and authorize Council Member Bob Harriman to attend the New Mayors and Council Members Academy, the City Leaders Summit, and the City/County Conference.
Fiscal Impact:
Unknown at this time, and dependent upon registration fees and travel costs. City Council travel and meetings expense account 1001220-52150 has a budgeted amount of $16,000 for Fiscal Year 2022-2023.
Strategic Plan Goal:
Goal F: Communication and Outreach
Background:
At a Regular City Council meeting held on June 21, 2022, the City Council directed staff as to which business events the Council will attend during Fiscal Year 2022-2023.
Included in those events were the New Mayors and Council Members Academy, the City Leaders Summit, and the City/County Conference. On December 13, 2022, a Special City Council meeting was held to announce the results of the November 8, 2022, General Municipal Election results at which time Resolution Number 22-123 was adopted, thereby certifying Bob Harriman as the Council Member for District 4.
Discussion:
This item is being presented to Council seeking approval and authorization for newly elected Council Member Harriman’s attendance to the events identified in the table below 2 9
3 3
for Fiscal Year 2022-2023. These events are organized by the League of California Cities and the City/County Conference.
Event Name Dates/Locations Costs
New Mayors and Council Members
Academy
February 1-3, 2023
Universal City
$625 Registration
+ Travel
City Leaders Summit
April 2023
Sacramento
$625 Registration
+ Travel
City/County Conference
June 2023
Lake Arrowhead
$200 Registration
+ Hotel
(Mayors & Council Members Executive Forum, Mayors & Council Members Leadership Workshops and Legislative Action Day have been combined into the City Leaders Summit Event) Staff remains available for any questions or comments you might have.
Attachments: None
Item Number: 16
City Council / Board of Directors
Written Communications
Meeting of: January 17, 2023
Submitted By:
Keith C. Metzler, City Manager
Subject:
Law Enforcement Contract #94-909-A-50 and Memorandum of Understanding (MOU) with the Victor Valley Union High School District (VVUHSD) to Fund One (1) Additional School Resource Officer (SRO)
Recommendation:
That the Honorable City Council:
(1) Approve the Fiftieth Amendment to Law Enforcement Contract #94-909-A-50 for Law Enforcement Services with the San Bernardino County Sheriff’s Department for the period of July 1, 2022 through June 30, 2023 and authorize the Mayor or her designee to process all documents required for this agreement;
(2) Adopt Resolution 23-006 approving an additional appropriation in the amount of $104,320 for such agreement; and
(3) Approve the Memorandum of Understanding (MOU) by and between the City of Victorville and the Victor Valley Union High School District (VVUHSD) for one (1) additional School Resource Officer (SRO) and authorize the City Manager or his designee to process all documents required for the agreement.
Fiscal Impact:
This Amendment to Law Enforcement Contract #94-909-A-50 totals $34,379,054, an increase of $104,320 from the prior amendment. The appropriation in the amount of $104,320 will increase the expenditures in the Police Contract Services account (1002001-52300-50011) and the VVUHSD will reimburse the City for their respective share of costs for one (1) SRO at 100% in the Police Reimbursement account (1002001- 47230-50013).
Strategic Plan Goal:
The City of Victorville Strategic Plan 2020-2023 identifies multi-year strategic goals and various strategies to work toward achieving those goals. Goal B, Public Safety, focuses on implementing public safety strategies to support a thriving and growing community. In 2 9
3 7
accordance with one strategy outlined within the plan, engaging in proactive policing, the City Council has previously approved a Memorandum of Understanding (MOU) with the VVUHSD for School Resource Officers.
Background:
On September 6, 2022, the City Council approved the amended Schedule A for FY 2022- 2023 in the amount of $34,274,734. This reflected an overall increase of $750,898 or a
2.23% increase from the FY 2022-2023 Schedule A that Council approved on May 3, 2022. In December 2022, the VVUHSD inquired about adding one (1) SRO at Lakeview Leadership Academy. Since transitioning back to in-person learning, Lakeview Leadership Academy has seen an increase in referrals, fights, suspensions, and school threats. Providing an SRO will offer additional support to proactively support and maintain a safe and secure school campus. Although the SRO will be assigned to the VVUHSD, they will be dedicated to Lakeview Leadership Academy. Currently, there are two (2) SRO’s assigned to the VVUHSD, three (3) assigned to the Victor Elementary School District, and one (1) assigned to the Adelanto Elementary School District.
Discussion:
The San Bernardino County Sheriff’s Department has provided the cost for this position in the amount of $104,320 for the period of March 1, 2023 through June 30, 2023. During the next fiscal year, the Schedule A will include the costs for this additional position for the entire year, bringing the total count of SRO positions to seven. VVUHSD has agreed to fund this position at 100% of the cost. Furthermore, the San Bernardino County Board of Supervisors will need to approve this action for a position to be created by the Bureau of Administration at the Sheriff Headquarters once approved by the City Council.
The attached MOU with VVUHSD represents the officer working in and around the school to provide a safer learning environment. The MOU serves as the mechanism to gain reimbursement for the use of said services and effectively offsets the San Bernardino County Sheriff’s Contract. The MOU with VVUHSD will pay 100% of the cost to provide one (1) additional San Bernardino County Sheriff’s Deputy, the cost of one (1) Marked Unit, and one (1) HT Radio in the amount of $104,320 for the remaining fiscal year. This additional position supplements the existing MOU with VVUHSD for two (2) SRO’s that are paid at 75% to the City.
Staff recommends that the Honorable City Council approve the Fiftieth Amendment to Law Enforcement Contract #94-909-A-50, authorize the Mayor or her designee to process all documents required for this agreement, adopt Resolution 23-006 approving an additional appropriation in the amount of $104,320 for such agreement, approve the MOU by and between the City of Victorville and the VVUHSD for one (1) additional SRO, and authorize the City Manager or his designee to process all documents required for the agreement. Staff remains available for any questions or comments you may have.
Attachments: A. Fiftieth Amendment to Law Enforcement Contract #94-909-A-50 2 9
3 7
B. Resolution No. 23-006
C. Memorandum of Understanding with the Victor Valley Union High School District
Attachment A
Fiftieth Amendment to Law Enforcement Contract #94-909-A- 50 Standard Contract Page 1 of 4
THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY
Sheriff/Coroner/Public Administrator
Department Contract Representative Kelly Welty, Chief Deputy Director of Sheriff’s Administration
Telephone Number (909) 387-0640
Contractor City of Victorville
Contractor Representative Debra Jones, Mayor
Telephone Number (760) 955-5000
Contract Term 07/01/2022 through 06/30/2023
Original Contract Amount $33,523,836
Amendment Amount $ 855,218
Total Contract Amount $34,379,054
Cost Center 4414551000
IT IS HEREBY AGREED AS FOLLOWS:
AMENDMENT No. 50
Effective March 1, 2023, Contract No. 94 -909 to provide law enforcement service to the City of Victorville is hereby amended by replacing Schedule A referred to in Section II. CONSIDERATION, with the Schedule A attached hereto and incorporated by reference
Except as amended, all other terms and conditions of this contract remain as stated therein.
Contract Number
94-909 A-50
SAP Number
N/A
Revised 03/15/2022 Page 2 of 4
[With the exception of signatures, this page is intentionally left blank].
FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department
Richard D. Luczak, Deputy County Counsel Kelly Welty, Chief Deputy Director of Sheriff’s Administration
Date Date Date
SAN BERNARDINO COUNTY
City of Victorville
(Print or type name of corporation, company, contractor, etc.)
By
, Chair, Board of Supervisors (Authorized signature - sign in blue ink) Dated:
Name Debra Jones
SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract)
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Title Mayor
Lynna Monell
Clerk of the Board of Supervisors
of the San Bernardino County
(Print or Type)
By Dated:
Deputy
Address 14343 Civic Drive
Victorville, CA 92393
Revised 03/15/2022 Page 3 of 4
SCHEDULE A
Law Enforcement Services Contract
City of Victorville
2022-23
CHANGE: Add 1- Deputy Sheriff; 1-Marked Patrol Unit - Effective March 1, 2023 FY 2022-23
COST
1 - Captain $ 481,770 1
2 - Lieutenant 737,852 1
10 - Sergeant 3,150,530 1
9 - Detective/Corporal 2,383,497 1
75 - Deputy Sheriff Tier 2 16,540,725 1
1 - Deputy Sheriff - K-9 Officer 240,052 1
7 - School Resource Officer (One effective 03-01-2023) 1,543,801 1 16 - Sheriff’s Service Specialist 1,404,416 1
1 - Supv Office Specialist 98,583 1
1 - Crime Analyst 129,962 1
1 - Secretary 81,022 1
10 - Office Specialist 808,720 1
43 - Marked Unit (One effective 03-01-2023) 788,876 2 7 - Marked Unit - Slick Top 125,261 2
1 - Marked K-9 Unit 19,713 2
15 - Unmarked Unit 116,480 2
2 - Unmarked Unit (Non-Code 3) 11,296 2
3 - Command Staff Vehicle 30,094 2
11 - Pickup truck 88,994 2
1 - Citzen Patrol - Ford Escape 6,369 2 1 - Truck - Donated 1,625 3
1 - Truck - Grant Funded (Comm Only) 670 3 1 - Citizen Patrol Donated SUV (Equip & Comm Only) 1,625 3 Dispatch Services 1,601,223 1
Dispatch Services - City Code Enforcement / Animal Control 29,370 1 154 - HTs (Amortization, Access & Maintenance) 216,986 3 - Additional MDCs (Access Only) 1,672 7 - Additional MDCs 8,116
103 - Taser Replacement (Amortized over 5-years) 34,608 Administrative Support 204,834
Office Automation 470,221
Services & Supplies 165,600
Vehicle Insurance 426,499
Personnel Liability & Bonding 975,433
Workers' Comp Experience Modification 115,739 Law Enforcement Experience Modification 560,727 County Administrative Cost 936,556
Startup Cost 24,085
Revised Cost for FY 2022-23 $ 34,563,602 1
Credit for new Position and Equipment 07-01-22 to 02-28-23 (184,548)1 Updated Cost for FY 2022-23 $ 34,379,054 1
Monthly Payment Schedule
$2,793,653
2nd through 8th payments due the 5th of each month: $2,793,653 9th through 12th payments due the 5th of each month: $2,913,595 Increased MOU Cost Quarterly Payment Schedule
1st Quarter $ 187,724.59
2nd Quarter 187,724.59
3rd Quarter (Included in month 9) - 4th Quarter (Included in months 10 to 12) - $ 375,449.18
1 2
3 No replacement cost is included for grant funded or donated vehicles.
LEVEL OF SERVICE
1st payment due July 15, 2022:
Personnel costs include salary and benefits and are subject to change by Board of Supervisors’ action.
Changes in salary and benefit costs will be billed to the City on a quarterly invoice.
Vehicle costs do not include fuel and maintenance. The City is responsible for fuel, repair and maintenance of all contract vehicles, including collision damage. All fuel, repair and maintenance costs incurred by the County will be billed to the City on a quarterly invoice.
Revised 03/15/2022 Page 4 of 4
SCHEDULE A
Law Enforcement Services Contract
City of Victorville
2022-23
Additional Costs Billed Quarterly:
The City will be billed on a quarterly basis for the following items:
• Increases to salaries and benefits resulting from Board of Supervisors-approved changes to Memorandums of Understanding with the County’s various employee organizations. • Actual overtime cost.
• Actual on-call cost (on call pay for safety employees for 2022-23 is $195 per week). • Actual cost of vehicle fuel, repair and maintenance, including the cost of collision repair. • Professional services from private vendors and other services, supplies and personnel costs above the contract formula.
LEVEL OF SERVICE SUMMARY
SAFETY: GENERAL:
Captain - 1 Sheriff’s Service Specialist - 16.00
Lieutenant - 2 Crime Analyst - 1.00
Sergeant - 10 Secretary I - 1.00
Detective/Corporal - 9 Supv Office Specialist - 1.00
Deputy Sheriff Tier 2 - 75 Office Specialist - 10.00
Deputy Sheriff- K-9 Officer - 1 Dispatchers - 13.88
School Resc Officer - 7 42.88
105
VEHICLES: DONATED VEHICLES LIST:
Marked Patrol Units - 43 Citizen Patrol - Jeep Patriot - 1 * Marked Patrol Units-Slick Top - 7 Ford E250 Van - 1 *
Marked Patrol Units- K9 SUV - 1 GMC Sierra Truck - 1 *
Safety Unmarked Units - 15 Trailer - Universal - 1 *
Command Staff Units - 3 Trailer - Fast870 - 2 *
Unmarked Units Non-code - 2 Command Post - 1 *
Pickup Trucks - 11 7 *
Citizen Patrol - 1
Donated Vehicles-Ins Only - 7 *
90 * (Included for insurance costs only)
Attachment B
Resolution No. 23-006
RESOLUTION NO. 23-006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR 2022-2023; APPROVING AN
ADDITIONAL APPROPRIATION FOR THE LAW ENFORCEMENT SERVICES
CONTRACT (SCHEDULE A)
WHEREAS, the City Manager of the City of Victorville did heretofore submit to the City Council an estimate of the expenditures and revenues of the City departments and offices, together with a proposed budget for the fiscal year 2022-2023; and
WHEREAS, copies of said budget were prepared and distributed to the City Council, were approved by the City Council on June 21, 2022, and have been available for the inspection by the public in the office of the City Clerk of the City of Victorville; and
WHEREAS, after preparation of the budget, notification of an increase in the amount of One Hundred Four Thousand, Three Hundred Twenty Dollars ($104,320) , relative to the Law Enforcement Services Contract (Schedule A) with the County of San Bernardino was received; and
WHEREAS, the City Council wishes to amend the annual budget as set forth in this Resolution No. 23-006 to provide for the increase in expenditures associated with the additional appropriation for the Law Enforcement Services Contract (Schedule A);
WHEREAS, the City Manager or his designee will provide all necessary justification for the budget amendment as an attachment to this resolution or in the associated City Council agenda report.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the annual budget for 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.
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.
SECTION 3. This Resolution shall take effect immediately upon its adoption.
Account Amount Adjusted
1002001-52300-50011
(Police-Contract Services-SBCSD) Increase by $104,320
1002001-47230-50013
(Police Reimbursement VVUHSD SRO) Increase by $104,320
Attachment C
Memorandum of Understanding with the
Victor Valley Union High School District
A MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF VICTORVILLE hereinafter referred to as “CITY”,
AND THE VICTOR VALLEY UNION HIGH SCHOOL DISTRICT, hereinafter referred to as “DISTRICT” AGREEING TO THE
FUNDING OF THREE SCHOOL RESOURCE OFFICERS
WHEREAS, the School Resource Officers (SRO) at the DISTRICT will assist in all school safety issues while acting as liaison between the school and the police department; and,
WHEREAS, the description of General Duties for the SRO includes:
1. Enforcement of all criminal law violations on and around the school campus
2. Enforcement of all traffic laws on and around the school campus
3. Initiation and maintenance of a campus based anti -violence program (i.e., Conflict Resoluti on Program, Youth-at-Risk Diversion Program, etc.)
4. Truancy prevention and enforcement program
5. When requested, assist the school with enforcement of school rule violations and related Education Code violations (i.e., dress code, on-campus truancy, etc.); and,
WHEREAS, the SRO is of great benefit to the School and the student body by ensuring a safer crime-free school environment. This position is also beneficial to the Victorville Police Department. The SRO can establish and maintain crime prevention and community relation programs within the school. The SRO may be of unlimited benefit in identifying local gang members and other members of the student body who are involved in criminal activity outside the school. The SRO may be able to identify suspects and locate witnesses and informants to share potential valuable information, which may result in solving crime; and,
WHEREAS, the SRO reports to the Administrative Sergeant who reports to the Lieutenant who in turn reports to the Captain. The SRO is f irst and foremost a uniformed law enforcement officer charged with providing police services on DISTRICT property. The SRO will keep the Administrative Sergeant and school administrators apprised of activities. Reports are to be submitted in a timely manner as required per department policy and procedures.
WHEREAS, the CITY , through its police department will assign three full-time sworn deputies to the DISTRICT. The sworn deputy will be fully trained and POST certified prior to being assigned to the SRO position. THE SRO will spend 100% of their time working in and around the VICTOR VALLEY UNION HIGH SCHOOL DISTRICT SCHOOLS in the City of Victorville.
WHEREAS, the addition of the SRO at schools within the DISTRICT will be of invaluable assistance to the schools, and the community as a whole, in providing a safer community and a higher quality learning environment. While at the same time, this position will provide the police department with a means of creating a positive relationship with students and further enhancing the police department’s community policing efforts; and,
WHEREAS, the DISTRICT agrees to pay the cost of three (3) San Bernardino County Sheriff’s Deputies to be assigned to the DISTRICT to serve as SRO; and,
WHEREAS, the cost to provide said deputy and vehicles is $ 557,965.52 1 NOW, THEREFORE, the CITY and the DISTRICT agree as follows:
That the DISTRICT will pay the CITY 75% of the cost to provide two (2) San Bernardino County Sheriff’s Deputies and the cost including fuel and maintenance of two (2) vehicles, calculated as follows:
Fiscal Year 2022-2023
(2) School Resource Officer $ 330,814.50 1
(2) Marked Police Vehicle $ 27,518.93 2
Dispatch Services $ 28,348.19 1
HT $ 2,818.00
Taser (Cost recovered over 5 years) $ 672.00 Vehicle Insurance $ 11,246.00
Vehicle Fuel & Maintenance $ 10,922.19
Administrative Support $ 4,634.03
Services & Supplies $ 2,700.00
Personnel Liability & Bonding $ 15,098.11
County Administrative Cost $ 10,484.07
Workers’ Comp Experience Modification $ 1,435.50 Law Enforcement Experience Modification $ 6,954.00 Total Cost $ 453,645.52
1 st and 2nd payment due August 14, 2022: ($37,803.79 ea.) $ 75,607.58 3 rd through 12th payments due the 4th of each month: $ 37,803.79
That the DISTRICT will pay the CITY 100% of the cost to provide one (1) San Bernardino County Sheriff’s Deputy and the cost including fuel and maintenance of one (1) vehicle, calculated as follows:
Additional SRO March 1st – June 30th
(1) School Resource Officer $ 73,514.33 1
(1) Marked Police Vehicle $ 6,115.32 2
Dispatch Services $ 5,930.46 1
HT $ 1,409.00
Taser (Cost recovered over 5 years) $ 336.00 Vehicle Insurance $ 1,874.33
Vehicle Fuel & Maintenance $ 3,640.73
Administrative Support $ 3,029.50
Services & Supplies $ 600.00
Personnel Liability & Bonding $ 3,632.00
County Administrative Cost $ 1,747.33
Workers’ Comp Experience Modification $ 319.00 Law Enforcement Experience Modification $ 2,172.00 Total Cost $ 104,320.00
Monthly payments ($ 26,080 ea.) for said services from March through June are due the 4th of each month:
Overtime incurred will be billed and the DISTRICT will pay the CITY the cost of those expenses.
The CITY will provide an invoice each month to the DISTRICT for the monthly cost stated above and the DISTRICT agrees to remit the amount due within 30 days.
The DISTRICT agrees to pay any moderate increases, or other monetary changes, that may occur during the term of the Agreement as a result of inflation or other changes in the personnel costs related to this deputy position.
This agreement shall commence March 1, 2023, and remain in effect until June 30, 2023.
APPROVED AND ADOPTED:
City of Victorville Victor Valley Union High School District Date: Date:
1 2
Personnel costs include salary and benefits and are subject to change by Board of Supervisors’ action.
Changes in salary and benefit costs will be billed to the City on a quarterly invoice.
Vehicle costs do not include fuel and maintenance. The City is responsible for fuel, repair and maintenance of all contract vehicles, including collision damage . All fuel, repair and maintenance costs incurred by the County will be billed to the City on a quarterly invoice.
Item Number: 17
City Council / Board of Directors
Written Communications
Meeting of: January 17, 2023
Submitted By:
Andre de Bortnowsky, City Attorney
Subject:
Assembly Bill 2449 - Remote Meetings Pursuant to the Brown Act Recommendation:
Any action is at the discretion of Your Honorable City Council.
Fiscal Impact:
There is no fiscal impact associated with this item.
Strategic Plan Goal:
The City of Victorville Strategic Plan 2020-2023 identifies multi-year goals and various strategies to work toward achieving those goals. Goal G, Organizational Effectiveness and Sustainability focuses on providing high-quality services through a commitment to local government best practices.
Background:
Existing law allows for a legislative body to attend a City Council meeting remotely provided that the teleconferencing requirements of Government Code section 54953, subdivision (b)(1)-(4) are met. Generally, these requirements mandate that at least a quorum attend from inside the territorial jurisdiction of the City, that the notice include the location from which the member would be attending, ensure posting of an agenda at that location, and provide an opportunity for members of the public to observe and attend at that location.
Discussion:
Assembly Bill 2449 provides an alternative to the teleconferencing requirements in limited circumstances. It allows a Council Member to participate remotely under very limited guidelines. However, to the extent a Council Member were to avail themselves of remote attendance, it would then require that the City allow the general public to also participate remotely. This legislation is beneficial to those communities that still allow for remote 2 9
4 0
attendance at Council meetings by members of the public. However, for cities that are now conducting meetings in person, as is the case in Victorville, it creates some significant obstacles in connection with allowing for participation by members of the public through remote means. Given that the City must provide adequate notice to the public that the meeting will be conducted in a remote fashion, there may be circumstances wherein such notice cannot be timely provided. In such event, it could lead to a situation where the Council Member who wishes to participate remotely may have to be deemed absent from the meeting. Please see Attachment A regarding the requirements for compliance with AB 2449.
Since AB 2449 provides an alternative to the current teleconference requirements and given that it is permissive it is up to the City Council to determine whether or not they wish to avail themselves of the provisions of AB 2449.
Staff remains available for any questions or comments you might have.
Attachments: A. Memorandum dated January 11, 2023
ATTACHMENT A
30077 Agoura Court, Suite 210
Agoura Hills, California 91301
Telephone: 818-704-0195
Facsimile: 818-704-4729
www.gdblawoffices.com
Direct E-Mail Address:
[email protected]
To: Honorable Mayor Jones and City Councilmembers
From: Andre de Bortnowsky, City Attorney
Date: January 11, 2023
Re: Amendments to Brown Act. (AB 2449)
Please accept this memorandum to alert the City Council to recent amendments to the California Open Meetings Act (Gov. Code §§ 54950 et seq., the “Brown Act”). AB 2449 became effective January 1, 2023.
AB 2449 – REMOTE MEETINGS PURSUANT TO THE BROWN ACT
Existing law allows for a legislative body to attend a City Council meeting remotely provided that the teleconferencing requirements of Government Code section 54953, subdivision (b)(1) -(4) are met. Generally, these requirements mandate that at least a quorum attend from inside the territorial jurisdiction of the City, that the notice include the location from which the member would be attending, ensure posting of an agenda at that location, and provide an opportunity for members of the public to observe and attend at that location.
In the event of a declared state of emergency, AB 361 allows for a legislative body to attend a meeting remotely without compliance with the above requirements upon a finding of the legislative body that a proclaimed state of emergency is in effect and, either it would be unsafe for the members to meet in person, or a public officer is recommending social distancing measures. It should be noted that the current state of emergency is set to expire on February 28, 2023, and AB 361 will cease to be an option, unless the state of emergency is extended. In any event, AB 361 is set to sunset on January 1, 2024.
AB 2449 provides an alternative to the teleconferencing requirements in limited circumstances.
Provided that a quorum of the legislative body participates from a physical location that is open to the public, remaining members may participate remotely in t he event of “just cause” or “emergency circumstances.” “Just cause” is defined as childcare or caregiving of an immediate family member that requires remote participation, a contagious illness that prevents a member from participating in person, accommodation for physical or mental disability, or travel while on
business of the legislative body. “Emergency circumstances” is defined as a physical or family medical emergency that prevents a member from attending in person.
To take advantage of the “just ca use” provisions of the Brown Act, the member must notify the legislative body at the earliest opportunity possible, up to and including the start of the meeting, of his or her need to participate remotely and provide a general description of the circumstan ces related to the enumerated reasons above. In addition, the “just cause” exception may only be used for up to two meetings annually, as defined by the calendar year. The “emergency circumstances” exception may be invoked by submitting the request to the legislative body as soon as is possible, which requires the legislative body to take action on the request at its earliest opportunity. It should be accomplished through an agenda item at the meeting at which the member is absent but may be ratified at the subsequent meeting depending on the circumstances. Functionally, this means that staff should be made aware of this request prior to the Thursday before a City Council meeting.
The legislative body may request a general description, which does not ha ve to exceed twenty words and does not have to disclose personal medical information.
In the event a member of the legislative body participates remotely pursuant to the “just cause” or “emergency circumstances” exceptions, the following requirements apply:
• The public must be provided a way to remotely hear, visually observe, and remotely address the legislative body; and
• The public must be provided notice of how it can access and participate in the meeting; and
• The agenda must inform the public of the me thod by which it can address the legislative body and offer comments through a call-in option, internet-based service, and in-person at the location of the meeting; and
• Mandating that written public comments be submitted in advance of the meeting is prohibited and the public must be allowed to make public comments in real-time; and • In the event of a disruption to the broadcast or in the ability of the public to interact with the legislative body, no action may be taken on an agenda item until this issue is resolved; and
• There must be a process and procedure for granting reasonable accommodations to persons with disabilities and notice of these procedures must be provided; and • Members who are participating remotely must use both audio and visual technology; and • Members participating remotely must publicly disclose at the meeting and prior to any action taken whether any other individuals over the age of majority are present in the room with the member and the general nature of the relationship with any such individual; and • A member may not avail him or herself of these exception for more than three consecutive months or more than twenty percent of meetings within a calendar year.
CC: Keith Metzler, City Manager
Sophie Smith, Deputy City Manager
Jenele Davidson, Deputy City Manager
Jennifer Thompson, City Clerk
Item Number: 18
City Council / Board of Directors
Written Communications
Meeting of: January 17, 2023
Submitted By:
Josefina Trevino, Human Resources Officer
Subject:
Planning Commissioner Stipend Survey
Recommendation:
Any action is at the discretion of the City Council.
Fiscal Impact:
There is no fiscal impact at this time.
Background:
At the December 20, 2022, Council Member Bob Harriman made a motion to bring forth an agenda item regarding Planning Commission stipends at the January 17, 2023, meeting. The motion was seconded by Mayor Pro Tem Becerra and passed with Council Member Gomez voting “No”.
Discussion:
Following the approval, staff requested total compensation information for Planning Commissioners from the same nine (9) cities that were surveyed for the total compensation survey completed October 5, 2021, for City Council stipends. These nine (9) cities selected for the survey have a similar population to the City of Victorville. Due to a lack of response to the initial request, staff included additional cities to provide a larger sample. A total of ten (10) Cities/Towns responded to the request, and nine (9) provide a stipend.
City/Town Stipend Frequency
City of Chino Hills $25 Per meeting (maximum of 2
meetings per month)
City of Corona $50 Per meeting
Town of Apple Valley $100 Per meeting
City of Barstow $100 Per meeting
2 9
3 4
City of Hesperia $100 Per Meeting
Town of Yucca Valley $100 Monthly
City of Big Bear $184.62 + 2.5% Retirement
Contribution
Bi-weekly
City of Montclair $250 Per meeting
City of Temecula $100 Per meeting
The City of Victorville Resolution No. 06-156, that was approved September 19, 2006, reads as follows:
•SECTION 2. The rate of compensation for each member of the Victorville Planning Commission shall be One Hundred Fifty Dollars ($150.00) for each regular meeting and Seventy-Five Dollars ($75.00) for each adjourned meeting, not to exceed Three Hundred Seventy-Five Dollars ($375.00) per month. •SECTION 3. Compensation for each member of the Victorville Planning Commission shall follow staff policy on all other reasonable expenditures incurred while in the performance of the duties of said Planning Commission.
Staff is available for any questions that you may have.
Attachments: A. Surrounding Cities Planning Commissioner Compensation B. Resolution No. 06-156
ATTACHMENT A
How Many
Current
Members
City
Population
Per Meeting
Stipend
Monthly
Stipend
City of Victorville 4 123,251 $ 150.00
Town of Apple Valley 5 76,661 $ 100.00
City of Barstow 5 23,857 $ 100.00
City of Chino Hills 5 85,081 $ 25.00
City of Hesperia 5 97,224 $ 100.00
City of Montclair 5 46,601 $ 250.00
Town of Yucca Valley 5 21,949 $ 100.00
City of Corona 5 172,652 $50.00
City of Temecula 5 115,055 $100.00
City of Highland 5 55,629
City of Big Bear Lake 5 5,295
City of Adelanto 3 34,007
City of Chino 6 100,401
City of Colton 7 55,198
City of Fontana 4 217,237
City of Grand Terrace 5 12,640
City of Loma Linda 5 24,784
City of Ontario 5 193,594
City of Rancho Cucamonga 5 178,119
City of Rialto 6 104,114
City of Twentynine Palms 5 25,477
City of Yucaipa 5 54,649
City of Murietta 5 119,239
City of Orange 5 137,264
2023 Planning Commissioner Stipend Survey
EMAILED ‐ PENDING RESPONSE
EMAILED ‐ PENDING RESPONSE
EMAILED ‐ PENDING RESPONSE
Notes:
San Bernardino County
$75 per adjourned meeting
**Not to exceed $375.00 per month**
EMAILED ‐ PENDING RESPONSE
$184.62 bi‐weekly
EMAILED ‐ PENDING RESPONSE
PLANNING COMMISSIONERS ARE UNPAID
OBRA (Unless a retired annuitant)
EMAILED ‐ PENDING RESPONSE
EMAILED ‐ PENDING RESPONSE
EMAILED ‐ PENDING RESPONSE
EMAILED ‐ PENDING RESPONSE
PARS (Public Agency Retirement Services) Enrollment
EMAILED ‐ PENDING RESPONSE
EMAILED ‐ PENDING RESPONSE
EMAILED ‐ PENDING RESPONSE
Maximum 2 meetings per month.
EMAILED ‐ PENDING RESPONSE
Contribution to Substitute Retirement at rate of 2.5% of pay **Not to exceed $100.00 per month**
ATTACHMENT B