Agenda packet — Victorville City Council, October 3, 2023 (part 1 of 2)

City Council Chambers
14343 Civic Drive
Victorville, CA
www.victorvilleca.gov
VICTORVILLE CITY COUNCIL
VICTORVILLE LIBRARY BOARD OF TRUSTEES
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, October 3, 2023
5:00 p.m. Closed Session
6:00 p.m. Regular Session
The

City

Council

holds

its

business

meetings

public

accordance

with

the

requirements

the

Ralph
M.

Brown

Act,

its

established

policies

and

procedures,

and

its

adopted

parliamentary

authority.

The
Council

strives

carry

out

its

meetings

atmosphere

professionalism

with

full

participation

by
members

the

body

and

the

public.

such,

the

Presiding

Officer

empowered

govern

City

Council
Meetings

foster

the

efficient

and

fair

administration

City

business

and

reserves

the

right

enforce
(or

cause

enforced)

the

Meeting

Rules

Conduct

and

Decorum

set

forth

Chapter

5 of

the

City
Council Policy and Procedures Manual.

The

City

Council

welcomes

and

encourages

public

participation

and

invites

the

community

to
attend

person.

Now

that

COVID-19

cases

our

area

have

reduced

point

that

social
distancing

requirements

have

been

lifted,

City

Council

Meetings

will

held

in-person

City

Hall
in

Council

Chambers.

Remote

viewing

our

Council

Meetings

available

through

YouTube,

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

Public

Comments:

Members

the

public

may

submit

comments

electronically
to

[email protected]

4 p.m.

the

day

the

meeting

distributed

City

Council.

Participants

are

invited

address

the

Council

agendized

and

non-agendized

topics

the

beginning
of

the

meeting.

Public

comments

will

longer

than

three

(3)

minutes

per

community

member.

Should
a

speaker

conclude

their

comments

prior

the

expiration

three

(3)

minutes,

the

speaker

waives

the
right

speak

for

any

remaining

amount

time.

For

further

information

about

how

address

the

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

compliance

with

the

Americans

with

Disabilities

Act,

you

need

special

assistance

participate

this
meeting,

please

contact

the

City

Clerk’s

office

(760)

955-5188

later

than

72 hours

prior

the
meeting.

5:00 p.m. Closed Session

Call to Order

Roll Call

Introduction to Public Comments

Public Comments for Closed Session Items

Declaration of Closed Session Item(s) by City Attorney

CITY COUNCIL

CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
Pursuant to Government Code § 54956.9(d)(1)
Case name: Zhang v. Victorville Code Enforcement
Case No.: CIVSB2025154

Recess to Closed Session

6:00 p.m. Regular Session

Call to Order

Roll Call

Closed Session Announcements by the City Attorney

Invocation: Pastor Elijah Walling of Calvary Chapel Victorville

Pledge of Allegiance: Police Captain John Wickum

City Clerk Presents Agenda/Revisions to Agenda

Conflict of Interest Declarations
Any

items

this

agenda

that

might

conflict

interest

any

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

Introduction to Public Comments

Public Comments

PUBLIC HEARING(S)

1. Approval

Resolution

No.

23-076

–

Resolution

the

City

Council

the

City

of
Victorville,

Adopting

and

Establishing

New

Solid

Waste

Rates

for

Solid

Waste
Services and Rescinding Resolution No. 18-012

Recommendation:

That the Honorable City Council:
(1)
Conduct the Public Hearing;
(2)

Determine

whether

Majority

Protest

exists

the

Public

Hearing,
and if no Majority Protest exists;
a.

Make

the

Proposition

218

findings

set

forth

Section

2 of

Resolution

No.
23-076; and
b.

Find

Resolution

No.

23-076

exempt

from

Environmental

Review

under
Sections

15061(b)(3)

and

15273

the

California

Environmental

Quality

Act
(“CEQA”) Guidelines; and
(3)

Adopt

Resolution

No.

23-076

establish

the

new

Solid

Waste

Rates

(Rate
Schedules) as set forth in
Exhibit A
of Resolution No. 23-076.

2. Adoption of Proposed Ordinance No. 2444, entitled: (1)

Ordinance

the

City

Council

the

City

Victorville

Amending

and
Revising

Portions

Title

10 of

the

Victorville

Municipal

Code

relating

Rates,
Fees, and Charges for City Sewer Service; and
(2) Finding an Environmental Exemption

Recommendation:

Staff recommends that the Honorable City Council:
(1)

Conduct

the

Public

Hearing

the

proposed

adjustments

the

City’s

Sewer
Service Rates; and
(2)

Determine

Majority

Protest

exists

the

Public

Hearing,

and

if
no Majority Protest exists;
(3)

Find

Ordinance

No.

2444

exempt

from

Environmental

Review

under

Sections
15061(b)(3)

and

15273

the

California

Environmental

Quality

Act

(“CEQA”)
Guidelines; and
(4) Introduce Ordinance No. 2444 for adoption and first reading by title only.

CONSENT CALENDAR

3. Public Works O&M Statistics for the Fourth Quarter of Fiscal Year 2023

Recommendation:

That the Honorable Victorville City Council review and file.

4. Environmental

Programs

Quarterly

Report

for

the

Fourth

Quarter

Fiscal

Year
2023

Recommendation:

That the Honorable Victorville City Council review and file.

5. Commercial Demand Schedule No. 5

Recommendation:

That

the

City

Council

and

Board

Directors

ratify

Commercial

Demand

Schedule
No.

5 in

the

amount

$6,660,303.44,

covering

Electronic

Fund

Transfers

No.
336385

through

336508

and

Warrant

No.

791976

through

792131

for

08/31/2023
through

09/13/2023,

per

the

adopted

budget

for

Fiscal

Year

2023-2024

for

the
period covering July 1, 2023 through June 30, 2024.

6. Notice of Completion – Guardrail Project

Recommendation:

That

the

Honorable

City

Council

complete

and

approve

the

Notice

of
Completion

for

Guardrail

Project

and

authorize

the

City

Manager

execute

the
Notice of Completion.

7. Payroll Warrant List

Recommendation:

That

the

City

Council

and

Board

Directors

ratify

Payroll

Demand

Schedule

No.
2B

for

Payroll

Period

August

2023,

through

August

18,

2023,

the

amount

of
$2,007,155.52

covering

Check

Nos.

33641

through

33665,

including

Vendor
checks.

Please

note

employee

Check

No.

33648

has

live

Check

and

EFT
Advice.

Also

included

are

Advice

Nos.

304080

through

304605,

per

adopted

budget
for Fiscal Year 2023-2024 (period covering July 1, 2023, through June 30, 2024).

8. Partial

Release

the

Faithful

Performance

Security

for

Case

Nos.

BLDC21-
00009/EROW21-00119

Recommendation:

That the Honorable City Council:
(1)

Approve

80-percent

release

the

Street

Improvements

Faithful

Performance
Security for case Nos. BLDC21-00009/EROW21-00182; and
(2) Accept the street improvements.

9. Notice of Completion – Green Tree Boulevard Extension

Recommendation:

That

the

Honorable

City

Council

complete

and

approve

the

Notice

of
Completion

for

Green

Tree

Boulevard

Extension

Project

and

authorize

the

City
Manager to execute the Notice of Completion.

10. Fire Department Newsletter

Recommendation:

That

the

Honorable

Council

review

and

file

the

attached

Fire

Department
Newsletter.

WRITTEN COMMUNICATIONS

11. Wellness

Center

Project

–

Award

Contract

with

Apple

Valley

Communications
Inc. for Low Voltage Contractor Services

Recommendation:

That

the

Honorable

City

Council

approve

low

voltage

construction

contract

with
Apple

Valley

Communications

Inc.

amount

not

exceed

$1,323,485

for

the
furnishing,

delivery

and

installation

data

network

wire/cabling

system,

paging
communications

system,

access

control

card

reader

system,

intrusion

alarm
system and video surveillance system throughout the Wellness Center Campus.

12. Initiate

the

Annexation

Tract

No.

20280

into

Drainage

Facilities

Assessment
District No. 1 and Landscape Maintenance Assessment District No. 6

Recommendation:

That the Honorable City Council:
(1)

Approve

Resolution

No.

23-084

initiate

proceedings

annex

Tract

No.

20280
into Drainage Facilities Assessment District No. 1;
(2)

Approve

Resolution

No.

23-085

initiate

proceedings

annex

Tract

No.

20280
into Landscape Maintenance Assessment District No. 6;
(3)

Approve

Resolution

No.

23-086

preliminarily

approve

the

Drainage

Facilities
Assessment District No. 1 Engineer’s Report;
(4)

Approve

Resolution

No.

23-087

preliminarily

approve

the

Landscape
Maintenance Assessment District No. 6 Engineer’s Report; and (5)

Approve

Resolution

Nos.

23-088

and

23-089

setting

public

hearing

date

of
November 21, 2023.

13. Vacation of Water Easement on Tract Map No. 17599

Recommendation:

That the Honorable Board of Directors of the Victorville Water District:
(1)

Find

the

easement

vacation

not

subject

environmental

review

under

the
California

Environmental

Quality

Act

(CEQA)

pursuant

CEQA

Guidelines
Sections 15060(c)(2) and 15060(c)(3); and
(2)

Adopt

Resolution

No.

VWD

23-013

vacating

the

easement

described

and
depicted by the exhibits attached thereto and ordering the recordation of the same.

14. Approval of CalRecycle Payment Program Authorization Resolution

Recommendation:

That

the

Honorable

City

Council

adopt

Resolution

No.

23-080,

authorizing

the
submittal

applications

for

Payment

Programs

and

authorizations

through
CalRecycle.

15. Approval of CalRecycle Grant Submittal Authorization Resolution

Recommendation:

That

the

Honorable

City

Council

adopt

Resolution

No.

23-081,

authorizing

the
submittal of applications for all CalRecycle Grants for which the City is eligible.

16. Selection Committee's Appointment to the Measure P Oversight Committee

Recommendation:

That

Your

Honorable

City

Council

appoint

the

following

the

Measure

Oversight
Committee:
• Cynthia Coello, Resident Member of Local Major Retail Industry • Joel Counts, Resident Member of Clergy
• Vince Onken, Resident Member of Non-Profit Social Services Provider

17. City Manager Reports

18. Discussion and Possible Action Regarding Upcoming Agenda Items

19. Reports from Council Members

Adjournment

Item Number: 1
City Council / Board of Directors
Public Hearing
Meeting of: October 3, 2023
Submitted By:

Doug Mathews, Director of Public Works and Water

Subject:

Approval of Resolution No. 23-076 – A Resolution of the City Council of the City of Victorville, Adopting and Establishing New Solid Waste Rates for Solid Waste Services and Rescinding Resolution No. 18-012.

Recommendation:

That the Honorable City Council:

1. Conduct the Public Hearing;

2. Determine whether a Majority Protest exists at the close of the Public Hearing, and if no Majority Protest exists;
a. Make the Proposition 218 findings set forth in Section 2 of Resolution No. 23-076; and
b. Find Resolution No. 23-076 exempt from Environmental Review under Sections 15061(b)(3) and 15273 of the California Environmental Quality Act (“CEQA”) Guidelines; and

3. Adopt Resolution No. 23-076 to establish the new Solid Waste Rates (Rate Schedules) as set forth in Exhibit A of Resolution No. 23-076.

Fiscal Impact:

Proposed Resolution No. 23-076 authorizes the implementation of a 5-year Solid Waste Rate Plan by adopting new and increased Solid Waste Rates (Rate Schedules) needed to address increased costs for solid waste, recycling, organics, and household hazardous waste collection, processing, and disposal, as well as for program administration for residential and commercial customers and to assure compliance with California Senate Bill 1383 (“SB 1383”) mandates.

Strategic Plan Goal:

This item aligns with Goal A., Financial Stability and Goal E., Invest in Infrastructure.

Periodically evaluating and adjusting Solid Waste Rates and fees helps ensure the City 3 3
1 5
has necessary resources to adequately fund services and the operation and maintenance of related capital assets.

Background:

In August 2022, the City engaged NBS to review and update the City’s 2018 Solid Waste Rate Study (“Rate Study”). The objectives of the update were to: review the solid waste fund operating budget; develop an updated financial plan to appropriately fund operations and establish adequate operating and capital reserves; and develop updated rates to ensure that the City’s residential and commercial Solid Waste Rates (as defined in Resolution No. 23-068) meet the projected costs of providing collection and disposal of solid waste, recyclable, and organic materials; recyclable and organic materials processing; management of household hazardous wastes; and related solid waste services provided to customers throughout the City (“Solid Waste Services”) over the next five years. A key objective of the updated Rate Study was to ensure that costs associated with SB 1383 compliance were incorporated into the Solid Waste Rates for residential and commercial customers.

The results of the Rate Study were presented to the City Council during a special meeting on August 8, 2023. The Rate Study identified the need for adjustments to the Solid Waste Rates to comply with State mandated SB 1383 requirements and to recover increasing costs of providing Solid Waste Services (which are proposed to now include street sweeping). The costs of street sweeping services were previously paid for primarily by the City’s Gas Tax and Storm Drain Funds.

At its special meeting on August 8, 2023, the City Council adopted Resolution No. 23- 068, which:

1. Accepted the Solid Waste Rate Study Update;

2. Set October 3, 2023, as the date for a Public Hearing on the proposed adjustments to the City’s rates and fees for Solid Waste Services (the “Proposed Rates”); and

3. Authorized City Staff to prepare and mail notices of Public Hearing to property owners in accordance with Section 6 of Article XIII D of the California Constitution, part of the voter initiative more commonly known as Proposition 218.

Discussion:

City Staff identified 34,007 Assessor Parcel Numbers (APNs) which receive Solid Waste Services and are subject to the imposition of the Proposed Rates. On August 17, 2023, Public Hearing notices were mailed to the property owners of record of those 34,007 APNs. The mailed notices included information on the date, time, and location of the Public Hearing; the basis for the Proposed Rates; the reason for the proposed rate increase; the amount of the proposed new rates; and protest procedures. A copy of the mailed Public Hearing notice is Attachment B to this Staff Report.

As noted in the attached Public Hearing Notice, in order for a majority protest to exist under Proposition 218, a majority of the owners of the identified parcels (50% plus 1, a 3 3
1 5
“Majority Protest”) must submit valid written protests against the Proposed Rates by the close of the noticed Public Hearing. In order to be valid, each written protest must:

1. state that the protest is being submitted in opposition to the Proposed Rates for Solid Waste Services;

2. provide the identified assessor’s parcel number (APN) for which the protest is being submitted; and

3. include the printed name and original signature of the property owner of record submitting the protest. Only one written protest per identified parcel may be counted.

If 17,004 valid written protests against the Proposed Rates are submitted to the City Clerk prior to the close of tonight’s Public Hearing, a Majority Protest will exist, and the City Council cannot impose the Proposed Rates. However, if there is no Majority Protest, the City Council may consider and adopt Resolution 23-076 (Attachment A to this Staff Report) to approve the new Rate Schedules and impose the Proposed Rates.

If Resolution No. 23-076 is adopted, the Proposed Rates would become effective for all billings made on or after November 1, 2023, with the exception of the rate for single and multi-family premises with cart/curbside service. These customers will pay $4.54 less than the adopted rate until such time as the new residential organics collection program has been fully implemented (estimated to be no later than March 31, 2024). The $4.54 discount will apply to all residential customers on cart service, including customers with 95-, 65-, or 35-gallon cart sizes. The $4.54 amount is the portion of the single and multi- family cart service rate attributed to the new residential organics collection service. The City’s hauler, Victorville Disposal, will not be paid for the residential organics collection until the service has been fully implemented for all customers. Rates will be updated July 1 of each year thereafter in 2025, 2026, 2027, and 2028, as set forth in the Rate Schedules attached as Exhibit A to Resolution No. 23-076.

Table 1 below compares current and recommended (proposed) Solid Waste Rates for common customer classes. (Note: The complete list of all rates is included in the attached Resolution No. 23-076, Exhibit A.)
Table 1—Current and Proposed Residential and Commercial Rates (Monthly) Note: FY = fiscal year
As noted previously, single-family and multi-family customers on cart service will initially Effective Rate Increases (sum of all rate components)
FY 2023/24 FY 2024/25 FY 2025/26 FY 2026/27 FY 2027/28Single Family Residential $30.77 $42.92 $46.44 $49.25 $51.49 $53.83Multi-Family Residential $30.77 $42.92 $46.44 $49.25 $51.49 $53.83Commercial Can $38.95 $43.30 $46.36 $48.98 $51.03 $53.17Commercial Bin (3.0 CY Bin, 1 Pickup/week) $134.05 $143.62 $148.49 $154.54 $160.85 $167.44Comm. Compactor Bin (1.5 CY, 1 Pickup/week) $113.34 $109.94 $114.95 $119.21 $123.64 $128.25Commercial Recycling (3 CY Bin, 1 Pickup/week) $95.77 $106.84 $114.87 $121.85 $129.79 $138.96Roll-offs (10 CY Roll-Off, 1 Pickup/week) $867.65 $960.83 $1,013.08 $1,081.25 $1,154.27 $1,232.49 Customer Class Projected Solid Waste Rates (Partial List)CurrentRates 3 3
1 5
be charged $4.54 less than the adopted rate until such time that the organics collection service has been implemented for all residential cart customers.

Table 2 below shows the percentage increases across a sample of customer types. The large percentage increase in FY 23/24 for residential customers on cart service reflects the addition of street sweeping costs as well as the costs for the new residential organics recycling program required to be implemented per California senate bill 1383. Proposed increases for FY 24/25 onward range from 8.2% to 4.5% within various customer classes to keep pace with anticipated inflation.

Table 2—Current and Proposed Residential and Commercial Rates (% Increases) The City Clerk has been counting, determining the validity of, and compiling the number of valid written protests against the Proposed Rates as they have been received and will present information on the total number of valid protests received once the Public Hearing has been closed (written protests may be provided to the City Clerk during the hearing).

If no Majority Protest is received, Staff recommends that the City Council approve the Proposed Rates by adopting Resolution No. 23-076. The Solid Waste Rates (Rate Schedules) to be adopted are set forth in Exhibit A of the attached Resolution No. 23- 076.

ENVIRONMENTAL EXEMPTION
As set forth in the Recitals thereof, the City Council finds that Resolution No. 23-076 is exempt from environmental review under the California Environmental Quality Act (“CEQA”), pursuant to CEQA Guidelines Section 15061(b)(3) (No Possibility that the Activity may have a Significant Effect on the Environment) and Section 15273 (Adoption of Rates, Tolls, Fares, and Charges).

Staff is available to answer any questions the Council may have.

Attachments: A. Resolution No. 23-076
B. Copy of Public Hearing Notice
Effective Rate Increases (sum of all rate components)
FY 2023/24 FY 2024/25 FY 2025/26 FY 2026/27 FY 2027/28Single Family Residential 39.5% 8.2% 6.1% 4.5% 4.5%Multi-Family Residential 39.5% 8.2% 6.1% 4.5% 4.5%Commercial Can 11.2% 7.1% 5.7% 4.2% 4.2%Commercial Bin (3.0 CY Bin, 1 Pickup/week) 7.1% 3.4% 4.1% 4.1% 4.1%Commercial Compactor Bin (1.5 CY, 1 Pickup/week) -3.0% 4.6% 3.7% 3.7% 3.7%Commercial Recycling (3 CY Bin, 1 Pickup/week) 11.6%* 7.5% 6.1% 6.5% 7.1%Roll-offs (10 CY Roll-Off, 1 Pickup/week) 10.7% 5.4% 6.7% 6.8% 6.8% *Note: Commercial Recycling goes up by more than other rates due to the addition of Admin. and AB 939 Fees.

Customer Class Projected Solid Waste Rates (Partial List) Attachment A
1 RESOLUTION 23-076

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE ,

CALIFORNIA, ADOPTING AND ESTABLISHING NEW SOLID WASTE RATES (RATE SCHEDULES) FOR SOLID WASTE SERVICES AND RESCINDING RESOLUTION NO. 18-012

WHEREAS, the City Council of the City of Victorville (the “City Council”) has adopted Chapter 6.36 of the Victorville Municipal Code (the “VMC”) which provides for the collection, removal, and disposal of solid waste within the City of Victorville (the “City”); and

WHEREAS, Section 6.36.020 of the VMC declares that it is the policy of the City to provide for solid waste handling services and devise recycling/diversion programs to comply with California laws; and

WHEREAS, VMC Section 6.36.036 states that the City shall provide solid waste and recycling services to all occupied premises in the City and that the City shall collect such fees as are adopted by resolution of the City Council of the City; and

WHEREAS, the City Council has also adopted VMC Chapter 6.37, entitled “Mandatory Organic Waste Disposal Reduction” to provide for the management and diversion of organic waste materials, as required by California S enate Bill 1383 (“SB 1383”), the Short-lived Climate Reduction Act of 2016, and its implementing regulations; and

WHEREAS, as stated in VMC Section 6.37.010, the purpose of adopting Chapter 6.37 was to comply with SB 1383 and create an enforceable mechanism to implement the requirements that the SB 1383 regulations place on cities, single- family residential dwellings, commercial businesses including multifamily residential dwellings, commercial edible food generators, self - haulers, food recovery organizations, and food recovery services to achieve statewide organic waste disposal reduction targets to reduce organics in landfills as a source of methane; and

WHEREAS, the City currently charges rates and fees (“Solid Waste Rates”) for : the collection, removal, and disposal of solid waste , recyclable materials, and organic wastes ; recyclable materials processing and programs ; and household hazardous waste management (hereinafter collectively “Solid Waste Services”) as set forth in Resolution No. 18-012; and

WHEREAS, the City provides for the collection of solid waste, recyclable, and organic materials through a contract with its franchised hauler, Victorville Disposal, Inc., which contract includes an annual cost of living adjustment provision based on CPI; and

WHEREAS, the City also has a contract with the County of San Bernardino for the disposal of solid waste at the County’s landfill, which contract provides for annual rate adjustments per a specified formula; and

WHEREAS, Proposition 218 was adopted by the voters on November 6, 1996 , adding Articles XIII C and XIII D to the California Constitution; and

WHEREAS, at its special meeting on August 8, 2023, the City Council adopted Resolution No. 23-068 which: (1) adopted certain consolidated terminology to reference the City’s Solid Waste Services and Rates; (2) initiated the process of adopting proposed increases and additions (street sweeping and residential organics collection charges) to the City’s rates and fees for Solid Waste Services (the “Proposed Rates”) in accordance with the substantive and procedural 2 requirements of Section 6 of Article XIII D of the California Constitution; ( 3) accepted the Solid Waste Cost of Service/Rate Study (the “Rate Study”); (4) set a Public Hearing for October 3, 2023 to receive testimony and consider any protests against the Proposed Rates; and ( 5) authorized staff to prepare and mail N otices of said Public Hearing to the record owners of each identified parcel upon which the Proposed Rates were to be imposed, advising them of the Proposed Rates and the Public Hearing thereon; and

WHEREAS, on August 17, 2023, a notice of the October 3, 2023 Public Hearing, containing the information required by Section 6 of Article XIII D of the California Constitution, was mailed to the record property owners of each identified parcel upon which the Proposed Rates were to be imposed and said notice was also posted on the City’s website; and

WHEREAS, a total of 34,007 said notices were mailed to property owners and, pursuant to Section 6 of Article XIII D of the California Constitution, the City would be unable to adopt the Proposed Rates if valid written protests are submitted by the owners of record for a majority of the identified parcels subject to the Proposed Rates (50 percent plus 1, a “Majority Protest”); and

WHEREAS, in accordance with the City’s standard practice for noticing fee-related resolutions to be adopted at public hearings , a notice relating to the adoption of this Resolution was published in a newspaper of general circulation on September 22, 2023 and September 29, 2023, and a copy of said notice was made available on the City’s website; and

WHEREAS, the City Council conducted the Public Hearing on October 3, 2023 at 6:00 p.m. in the City Council Chambers, located at 14343 Civic Drive, Victorville, California, to receive oral and written testimony regarding the Proposed Rates and to determine if a Majority Protest existed; and

WHEREAS, at the close of the Public Hearing ___________ valid protests were received; and

WHEREAS, the number of valid protests submitted in opposition to the Proposed Rates was not greater than 17,004 (which number represents a majority of the parcels subject to the Proposed Rates) and therefore a Majority Protest does not exist; and

WHEREAS, the City Council has reviewed the adoption of this Resolution pursuant to the requirements of the California Environmental Quality Act of 1970, as amended (“CEQA”) and has determined that the adoption of the Proposed Rates has no foreseeable potential to result in a significant impact upon the environment and is exempt from CEQA rev iew pursuant to CEQA Guidelines Section 15061(b)(3). Further, the City Council has determined that the approval of the Proposed Rates is exempt from substantive environmental review under Section 15273 of the CEQA Guidelines, as such fees and rates are bei ng adopted for the purposes of meeting operating expenses, including employee wage rates and fringe benefits; purchasing or leasing supplies, equipment, or materials; meeting financial reserve needs and requirements; and obtaining funds for capital projects necessary to maintain service within existing service areas for the provision of Solid Waste Services; and

WHEREAS, based upon the findings, information, and recommendations of the Rate Study; the requirements of Section 6 of Article XIII D of the California Constitution; and the testimony provided at the Public Hearing, the City Council finds it to be in the best interests of the City and its solid waste customers to adopt this Resolution and the Proposed Rates contained in the rate schedules attached hereto as Exhibit A.

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

Section 1. Recitals

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

Section 2. Findings

The City Council makes all of the following findings:

a. The revenues derived from the Proposed Rates shall not exceed the funds required to provide the Solid Waste Services;
b. The revenues derived from the Proposed Rates shall not be used for any purpose other than that for which the Proposed Rates are imposed; c. The Proposed Rates will be used to provide Solid Waste Services actually used or immediately available for use by the owners of the properties/parcels so charged; d. The Proposed Rates charged shall not exceed the proportional cost of the Solid Waste Services attributable to the parcel/property; and e. The Proposed Rates are not being imposed for general governmental services, including police, fire, ambulance, or library services.

Section 3. Effective Date

This Resolution, the Solid Waste R ates, and other provisions which are fixed or established hereby, shall become effective for all billings for Solid Waste Services made on or after November 1, 2023, with the exception of the rate for single- and multi-family previses with cart/curbside service which will be billed $4.54 less per month than the adopted FY 23/24 rate until such time as the new residential organics collection program has been fully implemented (estimated to be no later than March 31, 2024). The rate schedules for Solid Waste Services are attached to this Resolution as Exhibit A. Rates will be adjusted annually thereafter on July 1 of each year in 2024, 2025, 2026 and 2027, as specified in Exhibit A.

Section 4. Fee for Household Hazardous Waste Management

The fee for Household Hazardous Waste management shall be as set forth in the rate schedule in Exhibit A. The fee will be charged to all residential premises.

Section 5. Low Income/Senior Hardship Discount on Solid Waste Fees

Seniors (age 62 or older) or disabled resident property owners who are enrolled in a C.A.R.E. (California Alternative Rates for Energy) program may be eligible for a discount on their solid waste fees. To qualify for the discount (“Hardship Rate”), residents must fill out the City application and provide requested supporting documentati on to prove eligibility. The Hardship Rate, as shown on Exhibit A, is available only on solid waste fees for standard barrel/cart service at single-family home/property where the qualifying owner resides. The discount available under the Hardship Rate is based on a reduced collection cost available through the City's franchised hauler, Victorville Disposal, Inc., and is not subsidized by other ratepayers.

4 Section 6. Fees for Miscellaneous Services

Fees for miscellaneous services, including but not limited to overweight bins, late set outs, return trips, and/or contaminated recycle bins (empty as trash) shall be per the attached Exhibit A.

Section 7. Commercial Bin-Sharing Allowed by Permit

By special permit as set forth in Section 6.36.160 of the VMC , commercial bins may be shared by one or more commercial users. If such permit is issued, each commercial user shall receive no less than the minimum service and each shall pay no less than the minimu m fee set forth in the schedule of fees for bin service.

Section 8. Compliance with Law; Severability

If any S ection or portion of this Resolution or the adopted rates listed in Exhibit A is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of the Resolution or adopted rates.

Section 9. Certification

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

Exhibit A
Schedule of Fees for Solid Waste Services

CURRENT AND PROPOSED RATE SCHEDULES

FY 2023/24 FY 2024/25 FY 2025/26 FY 2026/27 FY 2027/28
Single- and Multi-Family and Comm. Carts
95 gal Solid Waste, 65-gal Recycle, 65-gal Organics $30.77 $42.92 $46.44 $49.25 $51.49 $53.83 65 gal Solid Waste, 65-gal Recycle, 65-gal Organics N/A $40.04 $43.23 $45.95 $48.09 $50.32 35 gal Solid Waste, 65-gal Recycle, 65-gal Organics $25.50 $37.58 $40.94 $43.59 $45.66 $47.82 Additional 95-gallon Trash Container $14.05 $13.93 $14.55 $15.19 $15.87 $16.58 Additional 65-gallon Recycling Container* $1.81 $1.99 $2.08 $2.19 $2.30 $2.41 Additional 65-gallon Organics Container* N/A $13.93 $14.55 $15.19 $15.87 $16.58 Hardship Rate** $24.78 $39.05 $42.38 $44.99 $47.01 $49.12 Hardship & Small Can Rate** $21.17 $33.71 $36.88 $39.33 $41.18 $43.12 Resid. using trash bin: 65-gal Recycle Cart-Required N/A $15.12 $15.88 $16.67 $17.50 $18.38 Resid. using trash bin: 65-gal Organics Cart-Required N/A $20.46 $21.82 $22.79 $23.81 $24.87 Commercial Cans
95 gal Solid Waste, 65 gal recycling $38.95 $43.30 $46.36 $48.98 $51.03 $53.17 Additional 95-gallon Trash Container $11.30 $15.24 $15.90 $16.47 $17.06 $17.69 Additional 65-gallon Recycling Container N/A $15.12 $15.88 $16.67 $17.50 $18.38 Miscellaneous Charges:*** (Per Occurance)
Late Set Out/Return Trip-Trash, Recycle, Organics $20.21 $18.04 $18.67 $20.00 $20.00 $20.70 Contaminated Recycle/Organics, Empty as Trash $21.56 $19.84 $20.53 $22.00 $22.00 $22.77 Change size/number of carts (in excess of once/year) $33.68 $34.86 $36.08 $38.65 $38.65 $40.00 * The first additional recycling can is free; this charge applies to more than 2 recycling cans. ** Only if granted by the City; applies only to single-family accounts. *** Applies to both resdiential and commercial can service.

SOLID WASTE RATE SCHEDULE Proposed Monthly RatesCurrent Rates

FY 2023/24 FY 2024/25 FY 2025/26 FY 2026/27 FY 2027/28
Bin Size (CY) Pick ups/week

1.5 1 $68.25 $73.16 $77.10 $80.27 $83.58 $87.03

1.5 2 $130.59 $139.48 $147.03 $153.01 $159.25 $165.75

1.5 3 $192.34 $205.80 $216.96 $225.74 $234.91 $244.48

1.5 4 $254.39 $272.12 $286.88 $298.48 $310.58 $323.20

1.5 5 $316.44 $338.44 $356.81 $371.22 $386.25 $401.92

1.5 6 $378.48 $404.76 $426.74 $443.95 $461.91 $480.65

1.5 7 $440.53 $471.08 $496.66 $516.69 $537.58 $559.37

1.5 8 $502.58 $537.40 $566.59 $589.42 $613.24 $638.09

1.5 9 $564.62 $603.72 $636.52 $662.16 $688.91 $716.82
2 1 $90.39 $96.87 $100.17 $104.27 $108.54 $113.00
2 2 $173.12 $185.30 $191.48 $199.22 $207.30 $215.72
2 3 $255.85 $273.73 $282.78 $294.17 $306.06 $318.45
2 4 $338.58 $362.16 $374.09 $389.13 $404.81 $421.18
2 5 $421.31 $450.58 $465.39 $484.08 $503.57 $523.91
2 6 $504.04 $539.01 $556.69 $579.03 $602.33 $626.64
2 7 $586.77 $627.44 $648.00 $673.99 $701.09 $729.36
2 8 $669.50 $715.86 $739.30 $768.94 $799.85 $832.09
2 9 $752.23 $804.29 $830.60 $863.89 $898.61 $934.82
3 1 $134.05 $143.62 $148.49 $154.54 $160.85 $167.44
3 2 $258.15 $276.26 $285.44 $296.97 $308.99 $321.53
3 3 $382.24 $408.90 $422.40 $439.40 $457.13 $475.62
3 4 $506.34 $541.54 $559.35 $581.83 $605.27 $629.72
3 5 $630.43 $674.18 $696.31 $724.26 $753.40 $783.81
3 6 $754.52 $806.83 $833.27 $866.69 $901.54 $937.90
3 7 $878.62 $939.47 $970.22 $1,009.12 $1,049.68 $1,091.99 3 8 $1,002.71 $1,072.11 $1,107.18 $1,151.55 $1,197.82 $1,246.08 3 9 $1,126.81 $1,204.75 $1,244.13 $1,293.98 $1,345.96 $1,400.18 4 1 $180.78 $193.75 $200.35 $208.53 $217.08 $225.99
4 2 $346.24 $370.60 $382.95 $398.44 $414.59 $431.45
4 3 $511.70 $547.46 $565.56 $588.35 $612.11 $636.90
4 4 $677.16 $724.31 $748.17 $778.25 $809.63 $842.36
4 5 $842.62 $901.17 $930.78 $968.16 $1,007.15 $1,047.81 4 6 $1,008.08 $1,078.02 $1,113.39 $1,158.06 $1,204.66 $1,253.27 4 7 $1,173.53 $1,254.87 $1,295.99 $1,347.97 $1,402.18 $1,458.73 4 8 $1,338.99 $1,431.73 $1,478.60 $1,537.88 $1,599.70 $1,664.18 4 9 $1,504.45 $1,608.58 $1,661.21 $1,727.78 $1,797.22 $1,869.64 Proposed Monthly RatesSOLID WASTE RATE SCHEDULE
Commercial Bins (Cont.)
Current
Rates
FY 2023/24 FY 2024/25 F Y 2025/26 FY 2026/27 FY 2027/28 Roll-Off Size (CY) 1x/Week $/Pickup
10 $867.65 $200.23 $221.73 $233.79 $249.52 $266.37 $284.42 20 $978.49 $225.81 $250.89 $269.57 $286.54 $304.69 $324.09 30 $1,089.33 $251.38 $280.05 $301.01 $318.89 $337.98 $358.37 40 $1,200.16 $276.96 $309.21 $332.46 $351.25 $371.28 $392.64 * Disposal costs, if any, will be charged based on actual tonnage charges determined at landfill or other disposal/recycling site, plus Franchise Fee.

Current
Per Pickup
Ra
tes
Proposed Rates (Cost per Pickup)*SOLID WASTE RATE SCHEDULE Solid Waste Roll-Offs
& Recycling Roll-Offs
Current
Monthly
Ra
tes
(Note: disposal cost plus 8% franchise fee will be added)

FY 2023/24 FY 2024/25 FY 2025/26 FY 2026/27 FY 2027/28
Bin Size (CY) Pick ups/week

1.5 1 $49.10 $54.76 $58.85 $62.41 $66.45 $71.11

1.5 2 $92.01 $102.69 $110.52 $117.28 $124.99 $133.92

1.5 3 $134.91 $150.62 $162.19 $172.15 $183.53 $196.72

1.5 4 $177.81 $198.55 $213.86 $227.02 $242.07 $259.52

1.5 5 $220.72 $246.48 $265.54 $281.90 $300.61 $322.33

1.5 6 $263.62 $294.40 $317.21 $336.77 $359.15 $385.13

1.5 7 $306.52 $342.33 $368.88 $391.64 $417.69 $447.93

1.5 8 $349.42 $390.26 $420.55 $446.51 $476.23 $510.74

1.5 9 $392.33 $438.19 $472.22 $501.38 $534.77 $573.54
2 1 $64.87 $72.35 $77.77 $82.48 $87.83 $94.01
2 2 $122.07 $136.26 $146.66 $155.64 $165.88 $177.74
2 3 $179.27 $200.16 $215.56 $228.80 $243.94 $261.48
2 4 $236.48 $264.06 $284.45 $301.96 $321.99 $345.22
2 5 $293.68 $327.97 $353.35 $375.13 $400.04 $428.96
2 6 $350.89 $391.87 $422.24 $448.29 $478.09 $512.70
2 7 $408.09 $455.77 $491.14 $521.45 $556.14 $596.44
2 8 $465.29 $519.68 $560.04 $594.61 $634.20 $680.17
2 9 $522.50 $583.58 $628.93 $667.78 $712.25 $763.91
3 1 $95.77 $106.84 $114.87 $121.85 $129.79 $138.96
3 2 $181.57 $202.69 $218.22 $231.59 $246.87 $264.56
3 3 $267.38 $298.55 $321.56 $341.34 $363.95 $390.17
3 4 $353.18 $394.40 $424.90 $451.08 $481.03 $515.78
3 5 $438.99 $490.26 $528.25 $560.83 $598.10 $641.38
3 6 $524.80 $586.12 $631.59 $670.57 $715.18 $766.99
3 7 $610.60 $681.97 $734.94 $780.31 $832.26 $892.60
3 8 $696.41 $777.83 $838.28 $890.06 $949.34 $1,018.21
3 9 $782.22 $873.68 $941.62 $999.80 $1,066.42 $1,143.81 4 1 $129.73 $144.70 $155.53 $164.95 $175.66 $188.01
4 2 $244.14 $272.51 $293.32 $311.28 $331.77 $355.49
4 3 $358.55 $400.32 $431.11 $457.60 $487.87 $522.96
4 4 $472.96 $528.13 $568.91 $603.93 $643.98 $690.44
4 5 $587.36 $655.93 $706.70 $750.25 $800.08 $857.92
4 6 $701.77 $783.74 $844.49 $896.58 $956.18 $1,025.39
4 7 $816.18 $911.55 $982.28 $1,042.90 $1,112.29 $1,192.87 4 8 $930.59 $1,039.36 $1,120.07 $1,189.23 $1,268.39 $1,360.35 4 9 $1,045.00 $1,167.16 $1,257.86 $1,335.55 $1,424.50 $1,527.82 $/Pickup
Proposed Monthly Rates ($/mo.)Current
Rates

SOLID WASTE RATE SCHEDULE
Comm. Bins -
Recycling
Current
Rates

FY 2023/24 FY 2024/25 F Y 2025/26 FY 2026/27 FY 2027/28 N/A $23.95 $25.15 $26.40 $27.73 $29.11
N/A $2.00 $2.10 $2.21 $2.32 $2.43
N/A $61.00 $64.05 $67.25 $70.62 $74.15
N/A $35.00 $36.75 $38.59 $40.52 $42.54
N/A $45.00 $47.25 $49.61 $52.09 $54.70
N/A $40.00 $42.00 $44.10 $46.31 $48.62

N/A N/C N/C N/C N/C N/C
N/A $85.00 $89.25 $93.71 $98.40 $103.32
*Includes up to 3 items. Additional items at $14 each.

Locki ng Devi ce Setup-Recycl e
Return Trip Fee-Dry Run-Rolloff/Compactors
Service

SOLID WASTE RATE SCHEDULE
Miscelleaneous Fees Current Rates Proposed Rates
Commercial Bin Cleaning/Exchange
Locki ng Devi ce Setup-Trash
Optional Re side ntial Walkup Se rvice -A dditional
Charge Per Month
Extra Trash Bags-Per Bag
Bulky Pickup, Extra Se rvice -Re side ntial or
Com m e rcial locations*
Cart Cleaning/Exchange Fee

Attachment B

1 NOTICE OF PUBLIC HEARING

PROPOSED SOLID WASTE SERVICES

RATE INCREASES

PLEASE TAKE NOTICE THAT the City Council of the City of Victorville (“City”) will hold a public hearing on Tuesday, October 3, 2023 at 6:00 p.m., or as soon thereafter as the matter can be heard, at the location stated above to consider adopting increases to the rates for collection, processing, and disposal of solid waste within the City (including recycling and management of household hazardous waste), and new fees to ensure compliance with State-mandated organic waste requirements and to cover street sweeping costs (“Proposed Rates”). This notice is being sent to all property owners of record who receive solid waste services from the City to describe the Proposed Rates and explain why increases in the current schedule of rates are needed.

Toda esta información puede ser encontrada en Español en la página web de la Ciudad de Victorville www.victorvilleca.gov/ratestudy. Si tiene preguntas adicionales por favor llame al 760-955-5200.

REASONS FOR THE PROPOSED RATES
Victorville Municipal Code (“ VMC”) Chapter 6.36 provides for the collection, removal, and disposal of solid waste in the City. It is the City’s policy to provide for solid waste handling, collection, and removal services; to devise recycling/diversion programs; and to provide other solid waste related services t o comply with State laws and protect the public health, safety , and welfare (collectively “Solid Waste Services”). VMC Section

6.36.036 requires the City to provide such Solid Waste Services to all occupied premises in the City and collect such rates and fees for Solid Waste Services as are adopted by City Council resolution.

SB 1383
Victorville is subject to California State Senate Bill 1383 (SB 1383) which mandates the reduction of organic waste by 75%, and an increase in edible food recovery by 20% by January 2025. SB 1383 resulted in adoption of wide- ranging State regulations which impose multiple requirements on cities , waste haulers, waste generators, landfill operators, and recycling facility operators. As none of the se requirements are funded by the State, the Proposed Rates include the City’s costs associated with ensuring SB 1383 compliance, such as implementing programs to recover organic materials from residential and commercial waste generators ; developing outreach and education programs ; procuring of organic waste products; and undertaking enforcement measures.

PUBLIC HEARING
October 3, 2023 at 6:00 p.m.

Victorville City Hall Council Chambers
14343 Civic Dr., Victorville, California

2 Rate Review and Study
The City periodically reviews its solid waste rates and services. To aid in this effort, the City retained an independent consultant to examine and project solid waste expenses and revenue needs to maintain operational and financial stability. The consultant’s analysis resulted in a comprehensive cost of service/rate study (“Rate Study”). Based on the Rate Study, it was determined that the rates for Solid Waste Services needed to be increased to recover the City’s escalating costs of providing the Solid Waste Services described above, including increases to account for inflation, SB 1383 implementation and compliance, and to provide a new funding source for City street sweeping services.

A copy of the full Rate Study may be reviewed in the City Clerk’s office at Victorville City Hall and online at www.victorvilleca.gov/ratestudy. If you have any other questions regarding the P roposed Rates, please call the City’s Solid Waste Division at 760-955-5086.

BASIS UPON WHICH THE PROPOSED RATES WERE CALCULATED
The City’s Proposed Rates for residential and commercial Solid Waste Services include the costs for: (1) collection of refuse, recyclables , and organics; (2) disposal of refuse and materials recovery facility (MRF) residue, and organic materials processing; (3) MRF operations and maintenance; (4) City administration of solid waste and recycling programs; (5) organics program administrative costs to comply with SB 1383 regulations; (6) damages and impact of refuse/recycling collection vehicles on City roads; (7) street sweeping services; and (8) a franchise fee used to fund illegal dump abatement programs and other City services. Street sweeping costs are a new addition to the Proposed Rates, as the City has determined that costs associated with providing this service are best recovered through S olid Waste Rates. Single-family and multi -family residential premises are also charged a separate Household Hazardous Waste (HHW) Fee to cover the costs of collection and disposal of household hazardous waste materials.

Costs for collection of refuse, recyclables, and organics are set pursuant to the terms of the City’s contract with Victorville Disposal (the City’s franchised waste hauler) and vary with the type of service (cart, bin, or roll- off), the size of container, and frequency of collection. Administrative, disposal, MRF, and pavement impact costs are allocated proportionately among residential and commercial customers based on the percentage of the waste stream each sector generates, then per unit costs are calculated based on the number of accounts (for residential) or the number of cubic yards (commercial) or as required under contracts related to the provision of Solid Waste Services. Residential disposal costs are based on the size of container used. Street sweeping costs will be apportioned among residential and commercial curbside collection customer properties in an across-the-board manner, with the monthly rate being calculated by dividing the annual cost of street sweeping operations by the number of residential and commercial curbside collecti on customer properties receiving Solid Waste Services ($0.83 for fiscal year 23/24).

The City’s current and Proposed Rates for the two most typical customer types are as follows:

For a single- family residence with one 95-gallon trash cart, one 65- gallon recycle cart, and one 65-gallon organics recycling cart:

Current
Rate
Proposed Monthly Rate—Single-family Residence with Standard Service Nov. 1, 2023 July 1, 2024 July 1, 2025 July 1, 2026 July 1, 2027 $30.77 $42.92 $46.44 $49.25 $51.49 $53.83

For a commercial customer with a three (3) cubic yard trash bin picked up once per week:

Current
Rate
Proposed Monthly Rate—Commercial 3 yd bin, 1x/week Service Nov. 1, 2023 July 1, 2024 July 1, 2025 July 1, 2026 July 1, 2027 $134.05 $143.62 $148.49 $154.54 $160.85 $167.44

3 The full schedule of Proposed Rates for Solid Waste Services the City is recommending for adoption are listed in the tables in the “CURRENT AND PROPOSED RATE SCHEDULES” section of this notice, starting at the bottom of this page. The monthly charges per parcel will vary depending upon the type of use (residential vs. commercial) and the level of service required.

PUBLIC HEARING AND PROTEST
Any property owner of record (per the San Bernardino County Tax Roll) of a parcel identified as subject to the Proposed Rates for Solid Waste Services may submit a written protest against the Proposed Rates. In order to be valid, e ach written protest must : (1) state that the protest is being submitted in opposition to the Proposed Rates for Solid Waste Services; (2) provide the identified assessor’s parcel number (APN) for which the protest is being submitted; and (3) include the printed name and original signature of the property owner of record submitting the protest. Only one written protest per identified parcel will be counted.

Written protests may be submitted by mail or personal delivery to: Victorville City Clerk, 14343 Civic Drive, Victorville, CA 92392. On the front of each envelope in which a protest is submitted, please write or type “Solid Waste Rate Protest” and the APN to which the enclosed protest relates. Protests submitted by email or other electronic means will not be accepted. Written protests may also be submitted at the October 3, 2023, public hearing; however, in order to be counted, all written protests (whether mailed or submitted in person) must be received by the City Clerk prior to the close of the public testimony portion of the public hearing. The City is sending this public hearing notice and conducting this majority protest proceeding in order to comply with Proposition 218 requirements.

At the October 3, 2023 public hearing, the City Council will consider all valid written protests timely submitted and hear all oral comments on the Proposed Rates. Oral comments made at the public hearing will not be counted as protests unless accompanied by a valid written protest. If, at the close of the public hearing, valid written protests are submitted by the owners of record for a majority of the identified parcels subject to the Proposed Rates for Solid Waste Services (50 % plus one, a “ Majority Protest”), the City Council will not impose the Proposed Rates. If, at the close of the public hearing, a M ajority Protest does not exist, the City Council may impose rate changes up to the maximum amounts proposed by adopting a resolution. If adopted, the new rates will be effective for all billings for Solid Waste Services made on or after November 1, 2023, and on each July 1 thereafter in 2024, 2025, 2026, and 2027.

CURRENT AND PROPOSED RATE SCHEDULES

SOLID WASTE RATE SCHEDULE Proposed Monthly RatesCurrent Rates
4 FY 2023/24 FY 2024/25 FY 2025/26 FY 2026/27 FY 2027/28 Bin Size (CY) Pick ups/week

1.5 1 $68.25 $73.16 $77.10 $80.27 $83.58 $87.03

1.5 2 $130.59 $139.48 $147.03 $153.01 $159.25 $165.75

1.5 3 $192.34 $205.80 $216.96 $225.74 $234.91 $244.48

1.5 4 $254.39 $272.12 $286.88 $298.48 $310.58 $323.20

1.5 5 $316.44 $338.44 $356.81 $371.22 $386.25 $401.92

1.5 6 $378.48 $404.76 $426.74 $443.95 $461.91 $480.65

1.5 7 $440.53 $471.08 $496.66 $516.69 $537.58 $559.37

1.5 8 $502.58 $537.40 $566.59 $589.42 $613.24 $638.09

Current
Per Pickup
Rates
Proposed Rates (Cost per Pickup)*SOLID WASTE RATE SCHEDULE Solid Waste Roll-Offs
& Recycling Roll-Offs
Current
Monthly
Rates
(Note: disposal cost plus 8% franchise fee will be added) 5 FY 2023/24 FY 2024/25 FY 2025/26 FY 2026/27 FY 2027/28 Bin Size (CY) Pick ups/week

1.5 1 $49.10 $54.76 $58.85 $62.41 $66.45 $71.11

1.5 2 $92.01 $102.69 $110.52 $117.28 $124.99 $133.92

1.5 3 $134.91 $150.62 $162.19 $172.15 $183.53 $196.72

1.5 4 $177.81 $198.55 $213.86 $227.02 $242.07 $259.52

1.5 5 $220.72 $246.48 $265.54 $281.90 $300.61 $322.33

1.5 6 $263.62 $294.40 $317.21 $336.77 $359.15 $385.13

1.5 7 $306.52 $342.33 $368.88 $391.64 $417.69 $447.93

1.5 8 $349.42 $390.26 $420.55 $446.51 $476.23 $510.74

SOLID WASTE RATE SCHEDULE
Comm. Bins -
Recycling
Current
Rates

6 7

N/A N/C N/C N/C N/C N/C
N/A $85.00 $89.25 $93.71 $98.40 $103.32
*Includes up to 3 items. Additional items at $14 each.

Locki ng Devi ce Setup-Recycl e
Return Trip Fee-Dry Run-Rolloff/Compactors
Service

8 City of Victorville
14343 Civic Dr.

P.O. Box 5001
Victorville, California 92393-5001
IMP ORTANT INFORMATION—OPEN IMMEDIATELY
Notic e of Public Hearing on October 3, 2023 Regarding
Proposed Rate Increase for Solid Waste Servi ces
XXX
XXX

XXX

PRESORT
Standard
U.S. Postage
Paid
Mailed from
Zip Code
92899
Permit #146
RE: APN:

ADDRESS BLOCK
IMPORTANT INFORMATION—OPEN IMMEDIATELY
Notice of Public Hearing on October 3, 2023 Regarding Proposed Rate Increase for Solid Waste Services
Item Number: 2
City Council / Board of Directors
Public Hearing(s)
Meeting of: October 3, 2023
Submitted By:

Doug Mathews, Director of Public Works and Water

Subject:

Adoption of Proposed Ordinance No. 2444, entitled:
(1) An Ordinance of the City Council of the City of Victorville Amending and Revising Portions of Title 10 of the Victorville Municipal Code relating to Rates, Fees, and Charges for City Sewer Service; and
(2) Finding an Environmental Exemption
Recommendation:

Staff recommends that the Honorable City Council:
(1) Conduct the Public Hearing on the proposed adjustments to the City’s Sewer Service Rates; and
(2) Determine if a Majority Protest exists at the close of the Public Hearing, and if no Majority Protest exists;
(3) Find Ordinance No. 2444 exempt from Environmental Review under Sections 15061(b)(3) and 15273 of the California Environmental Quality Act (“CEQA”) Guidelines; and
(4) Introduce Ordinance No. 2444 for adoption and first reading by title only.

Fiscal Impact:

Proposed Ordinance No. 2444 authorizes the implementation of a 5-year Sewer Rate Plan by adopting new and increased Sewer Rates needed to address increased costs for the collection and treatment of wastewater flows from residents and businesses within the boundaries of City, utilizing the treatment facilities of the Victor Valley Wastewater Treatment Authority and the City’s Industrial Wastewater Treatment Plant.

Strategic Plan Goal:

This item aligns with Goal A., Financial Stability; and Goal E., Invest in Infrastructure.

Adjusting existing sewer rates periodically helps the City operate and maintain its sewer collection and treatment infrastructure optimally.
3 3
2 0
Background:

The City of Victorville (“City”) owns, operates, and maintains a sanitary sewer collection system and provides for the collection and treatment of wastewater flows from residents and businesses within the boundaries of the City (the “Sewer Services”), utilizing the treatment facilities of the Victor Valley Regional Wastewater Authority (“VVWRA”) and the City's Industrial Wastewater Treatment Plant (“IWWTP”) located at the Southern California Logistics Airport.

As authorized by Sections 7 and 9 of Article XI of the California Constitution, Health and Safety Code section 5470 et seq., and Chapter 10.01 of the Victorville Municipal Code (“VMC”), the City prescribes, revises, and collects fees, charges, and rates for its Sewer Services (“Sewer Service Rates”). The City’s last sewer rate study/cost of service analysis, conducted in fiscal year 2018 by NBS, an independent consulting firm engaged by the City, resulted in the City’s implementation of a modified sewer rate structure and Sewer Service Rates (after following appropriate Proposition 218 procedures) which provided for annual increases over a five-year period ending in fiscal year 2023. It is generally considered good utility practice to perform comprehensive rate studies at least every five years.

Given its familiarity with the City’s existing sewer rate structure and customer classes, the City again engaged NBS to study its Sewer Service Rates and the revenues being generated to determine if such revenues are adequate to cover the City’s current costs associated with providing Sewer Services. Such costs include, but are not limited to:
operating and maintaining the City’s sewer collection system; complying with state and federal wastewater treatment and disposal requirements; paying wastewater treatment fees charged by the VVWRA; maintaining the IWWTP; and establishing a minimum cash reserve for sewer operations and capital expenses.

NBS performed a comprehensive cost of service and sewer rate study analysis (“Rate Study”), which included a review of the current Sewer Service Rates to determine if said rates continued to proportionately allocate the City’s costs of providing Sewer Services amongst the property owners/customers utilizing the services.

The Rate Study determined that the current Sewer Service Rates were insufficient to fully fund the City's ongoing obligations for sewer operations and maintenance expenses.

Therefore it is recommended to incrementally increase the Sewer Service Rates over the next five (5) years to ensure continued proper operation and maintenance of the City’s sewer system, cover VVWRA wastewater treatment costs, meet debt service requirements, rehabilitate and replace aging sewer system assets, including vehicles and equipment, and maintain appropriate operating reserves. Increased revenue requirements identified in the Rate Study were predominantly driven by capital costs necessary to rehabilitate and replace aging sewer system infrastructure and the continued escalation of costs of goods and services (inflation) projected over the five-year Rate Study period.
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On August 8, 2023, the City Council adopted Resolution No. 23-063, which accepted the Rate Study and proposed adoption of new Sewer Service Rates. The Rate Study proposed adjustments to the current Sewer Service Rates and suggested redistributing projected costs to appropriate customer classes to ensure proportionality and appropriate cost recovery for providing reliable Sewer Services to City residences and businesses.

The Sewer Service Rates resulting from the Rate Study were developed in a manner consistent with industry standard cost-of-service principles.

Discussion:

Current and Proposed Sewer Service Rates
All properties to which Sewer Services are made available are subject to sewer charges.

Wastewater is not metered for specific flows. Instead, domestic water usage (not including water used for irrigation) is used to estimate wastewater flows. The methodology the City currently uses to calculate its Sewer Service Rates is based on customer classes and computed as follows:
•Single-Family Residential Customers are billed a fixed monthly service charge for each dwelling unit.
•Multi-Family Residential Customers (such as apartment buildings) are billed a fixed monthly service charge for each dwelling unit. This fixed monthly charge is lower than that charged to Single-Family Customers to account for lower standard usage.
oA dwelling unit is an individual living unit; for single-family residential customers, this is a single-family home and for multi-family customers, this is an individual unit (for example, an apartment unit, or one of the living units in a duplex or triplex building).
•Commercial Customers are billed a fixed monthly service charge for each account, plus a volumetric charge based on the amount of domestic water used at the property.
•Industrial Customers (user-specific) are billed fixed monthly charges (and in some cases monthly minimum charges), as well as surcharges, which are dependent on the wastewater strength characteristics, including biochemical oxygen demand (“BOD”), chemical oxygen demand (“COD”), suspended solids (“SS”), fixed dissolved solids (“FDS”), and total suspended solids (“TSS”).

The proposed changes to the current Sewer Service Rates methodology are as follows:
•The Industrial Customers (User-Specific) class has been divided into two separate rate classes: Industrial Customers and User-Specific Rate Customers. oIndustrial Customers will be billed a fixed monthly service charge, a volumetric charge based on the amount of domestic water consumed, plus surcharges for wastewater strength characteristics, including biochemical oxygen demand (“BOD”) and total suspended solids (“TSS”). oUser-Specific Rate Customers will each be billed fixed and/or minimum monthly charges and various applicable surcharges based on their wastewater strength characteristics and other relevant factors. 3 3
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The following table shows the projected increases to rate revenue over the five-year Rate Study period. The actual increases in rates for the various rate components and customer classes will vary from the percentages shown below, especially in the first year when projected costs are redistributed to appropriate customer classes to ensure proportionality and appropriate cost recovery for providing reliable Sewer Services to City residences and businesses. After the first year, the proposed rate increases should more closely match the percentages in the table below.

The following table compares the current and recommended (proposed) Sewer Rates:

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A slightly revised version of the above rate table, which does not include the "Current Rates" column and certain inapplicable charges, will replace the rate table currently found in VMC Section 10.01.030.d (see Section 5 of attached proposed Ordinance No. 2444).

The rate table footnotes have also been combined and simplified in the proposed Ordinance to eliminate certain redundancies and provide additional clarity for codification purposes.

Pass Through of VVWRA Rates Increases
Currently, the first year of the proposed sewer rate increases also includes the final year of an 8% VVWRA sewer treatment charge pass-through increase, which accounts for approximately three-fifths (3/5) of the 5% projected increase to rate revenue in the FY 23/24. Although the City has been advised that the VVWRA is currently studying its rates for the five years following FY 23/24, the future VVWRA rates beyond FY 23/24 are not FY 2023/24 FY 2024/25 FY 2025/26 FY 2026/27 FY 2027/28Residential Customers 1 Monthly Fixed Service Charge, per Dwelling Unit:Single-Family Residential 51.89$ 59.62$ 62.60$ 65.73$ 69.01$ 72.46$ Multi-Family Residential 38.09$ 31.32$ 32.89$ 34.53$ 36.26$ 38.07$ Commercial CustomersMonthly Fixed Service Charge, per Account: 51.89$ 59.62$ 62.60$ 65.73$ 69.01$ 72.46$ Volumetric Charge, per hcf 2 4.41 4.54$ 4.77$ 5.01$ 5.26$ 5.52$ Industrial Customers3 Monthly Fixed Service Charge, per Account: 51.89$ 59.62$ 62.60$ 65.73$ 69.01$ 72.46$ Volumetric Charge, per hcf 2 4.41 4.54 4.77 5.01 5.26 5.52BOD Charge, per lb - 2.10$ 2.21$ 2.32$ 2.43$ 2.55$ TSS Charge, per lb - 2.03$ 2.14$ 2.24$ 2.35$ 2.47$ User-Specific RatesFederal Corrections Complex (FCC)Monthly Fixed Charge Per EDU 4 52.22$ 64.32$ 67.54$ 70.92$ 74.46$ 78.18$ BOD Charge, per lb 5 2.19$ 2.10$ 2.21$ 2.32$ 2.43$ 2.55$ TSS Charge, per lb 5 2.20$ 2.03$ 2.14$ 2.24$ 2.35$ 2.47$ Kuerig Dr. Pepper (KDP) 6 Monthly Min Charge (excluding capital recovery)7 162,500$ 162,500$ 162,500$ 162,500$ 162,500$ 162,500$ Monthly Fixed Charge (Ion Exchange Service) 8 10,200$ 10,200$ 10,200$ 10,200$ 10,200$ 10,200$ Volumetric Charge, per 1,000 gal6 0.37$ 0.37$ 0.37$ 0.37$ 0.37$ 0.37$ COD Charge, per lb6 0.13$ 0.13$ 0.13$ 0.13$ 0.13$ 0.13$ FDS Charge, per lb 9 2.91$ 2.99$ 3.07$ 3.15$ 3.24$ 3.32$ BOD Charge, per lb10 N/A - - - - -TSS Charge, per lb 10 N/A - - - - -1. Residential customers are assessed on the basis of their number of dwelling units.2. Volumetric charge will apply to monthly water consumption.3. All industrial dischargers that discharge wastewater of unusual strength or character are required to obtain a wastewater discharge permit from IWWTP or VVWRA, respectively. Additional surcharges may apply based on wastewater characteristics.Plastipak and Hydration Source included in this customer category. 4. FCC will be billed based on a flow estimate of 200 gallons per day, per EDU. 5. FCC surcharges for BOD and TSS apply to concentrations above 200 mg/l for BOD and 250 mg/l for TSS. 6. Volumetric charges (per 1,000 gal or lbs) for KDP shall apply accordingly if discharge exceeds 585,000 gpd, 28,100 lbs/day of CODor 1,400 lbs/day of SS in accordance with Wastewater Capacity and Treatment Agreement.Volumetric charges for KDP listed in rate table are in accordance with the Wastewater Capacity and Treatment Agreement.7. Monthly minimum charge for KDP in accordance with Wastewater Capacity and Treatment Agreement.8. Monthly fixed charge per Woodard and Curran operational expenses.9. The FDS surcharge was calculated by Woodard & Curran and is subject to a 2.7% general cost inflation factor in FY 2019/20 and beyond. This will apply to all pound of FDS treated. Source:2018.03.21 FDS Surcharge Limit Table.xlsx10. BOD and TSS charges not applicable to KDP due to wastewater strength characteristics.

Sewer Rate Schedule Recommended Sewer RatesCurrent Rates 3 3
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known. Pursuant to Government Code Section 53756, future rate increases imposed by VVWRA may be passed through to customers as additional adjustments to the rates and fees shown above. Industrial and User-Specific Customers whose flows are being conveyed to VVWRA are also subject to surcharges based on wastewater characteristics as determined by VVWRA.

Proposition 218 – Adoption of Proposed Sewer Service Rates Proposition 218, a voted-adopted ballot initiative, added Articles XlllC and XlllD to the California Constitution to create rules and limitations on the imposition of assessments, taxes, and fees. Section 6 of Article XlllD, which applies to property-related fees such as sewer, requires a public hearing be scheduled to consider adoption of any new rates or fees and notification to be sent to the record owner of each identified parcel upon which any new (or increased) fees, rates or charges are proposed to be imposed. The required notification is a public hearing notice, which must be mailed at least forty-five (45) days in advance of the public hearing, and must describe the amount of the fee or charge proposed to be imposed upon each parcel; the basis upon which the amount of the proposed fee or charge was calculated; the reason for the fee or charge; together with the date, time, and location of the public hearing.

Resolution No. 23-063 further set October 3, 2023 as the date for a Public Hearing on the proposed Sewer Service Rates, and authorized staff to prepare and mail notices thereof (“Notices”) to the record owners of all parcels subject to the new rates.

On August 18, 2023, 30,587 Notices were mailed to the property owners of parcels upon which the Proposed Rates were to be imposed. The Notices included information on the date, time, and location of the Public Hearin; the basis for the Proposed Rates; the reason for the proposed increases; the amount of the Proposed Rates, and protest procedures.

A Copy of the Notice is attached to this Staff Report.

At this time, the City Council will hear testimony and consider all valid written protests against the proposed Sewer Service Rates received by the City Clerk prior to the close of the Public Hearing. If valid written protests are presented by a majority of owners of the identified parcels (50% plus one, a “Majority Protest”), the City Council will not impose the proposed Sewer Service Rates. If there is no Majority Protest, the City Council may consider for introduction and first reading a Sewer Rate Ordinance No. 2444 (attached) to impose the proposed Sewer Service Rates up to the maximum amounts proposed.

Sewer Rate Ordinance Requirement
A Sewer Rate Ordinance is needed because Section 10.01.010 of the Victorville Municipal Code requires that Sewer Service Rates be set by ordinance passed by a two- thirds (2/3) vote of the entire membership of the City Council. If introduced for first reading on October 3, 2023, proposed Sewer Rate Ordinance No. 2444 will be brought back to the City Council for second reading and final adoption/passage at its regularly scheduled meeting to be held on October 17, 2023. If passed on October 17, 2023 by the requisite two-thirds vote, the new Sewer Service Rates will become effective for all billings made 3 3
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on or after December 1, 2023, and on each July 1 thereafter, for fiscal years 2025, 2026, 2027, and 2028.

Proposed Ordinance No. 2444 also revises and updates Section 10.01.040 of the VMC to be consistent with the Development Impact Fee and Sewer Capacity charge studies, master fee schedules, and associated Council Policy adopted by the City Council last year. Outdated fee amounts and terminology relating to connection fees have been removed and the calculation of Sewer Capacity Charges has been streamlined and clarified (see Section 6 of attached proposed Ordinance No. 2444). Additionally, a minor update was made to Section 10.02.300 to correct similar inconsistencies, as shown in the blackline version highlighting changes made to current sections of the VMC (see Attachment C).

Environmental (CEQA) Exemption
As set forth in the Recitals of the Ordinance No. 2444, the City Council finds that the Ordinance is exempt from environmental review under the California Environmental Quality Act (“CEQA”), pursuant to CEQA Guidelines Sections 15061(b)(3) (No Possibility that the Activity may have Significant Effect on the Environment) and 15273 (Adoption of Rates, Tolls, Fares, and Charges).

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

Attachments: A. Ordinance No. 2444
B. Notice of Public Hearing
C. Blackline showing changes to VMC Chapters 10.01 and 10.02

Attachment A
Ordinance No. 2444
1 ORDINANCE NO. 2444

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
VICTORVILLE AMENDING AND REVISING PORTIONS OF TITLE 10 OF

THE VICTORVILLE MUNICIPAL CODE RELATING TO RATES, FEES,

AND CHARGES FOR CITY SEWER SERVICE

WHEREAS, the City of Victorville ("City") owns, operates, and maintains a sanitary sewer collection system which provides for collection and treatment of wastewater flows from residents and business es within the boundaries of the City ("Sewer Services"), utilizing the treatment facilities of the Victor Valley Regional Wastewater Authority ( "VVWRA") and the City's Industrial Wastewater Treatment Plant ("IWWTP") located at the Southern California Logistics Airport; and

WHEREAS, the Victorville City Council ("City Council") is authorized by Sections 7 and 9 of Article XI of the California Constitution, Health and Safety Code s ection 5470 et seq. and Chapter 10.01 of the City’s Municipal Code to prescribe, revise, and collect fees , charges, and rates ("Sewer Service Rates") for the Sewer Services it so provides, which rates were last revised in 2018 when the City implemented a modified sewer rate structure and Sewer Service Rates which provided for annual increases and certain passthrough fees over a five-year period which ended in fiscal year 2023; and

WHEREAS, the City engaged an independent consulting firm ("Consultant"), to study the revenues generated by the City’s current Sewer Service Rates to determine if they were adequate to cover the City’s expenses associated with providing Sewer Services, such as: operating and maintaining its sewer collection system; complying with state and federal wastewater treatment and disposal requirements ; paying wastewater treatment fees charged by the VVWRA; maintaining the IWWTP; and establishing a minimum cash reserve for sewer operations; and

WHEREAS, the Consultant also reviewed the City’s current Sewer Service Rates to determine if said rates were proportionately allocating the City’s costs of providing Sewer Services amongst the property owners/customers utilizing such services; and

WHEREAS, Consultant’s analysis was contained in a comprehensive cost of service and sewer rate study ("Rate Study"), which showed that current Sewer Service Rates are insufficient to fund the City's ongoing obligations for sewer operations and maintenance expenses; and

WHEREAS, the Rate Study demonstrated a need for the City to incrementally increase its Sewer Service Rates over the next five (5) years to ensure continued proper operation and maintenance of the City’s sewer system, cover VVWRA wastewater treatment costs, meet debt service requirements, rehabilitate and replace aging sewer system assets, and maintain appropriate operating reserves; and

WHEREAS, the Rate Study also recommended the City modify the way it calculates some of its Sewer Service Rates to enhance proportional spreading of applicable costs amongst users of the City’s sewer system according to the cost of providing Sewer Services to each user; and

WHEREAS it is the intention of the City Council to increase the City’s current Sewer Service Rates and modify the way some of those rates are calculated to ensure proportionality and appropriate cost recovery for providing reliable Sewer Services to City residences and businesses; and
2 WHEREAS, at its August 8, 2023 special meeting, the City adopted Resolution No. 23- 063, which Resolution: accepted the final Rate Study; set the date, time, and location for a Public Hearing on the proposed adjustments to the City’s Sewer Service Rates; and authorized preparation and mailing of a Notice of Public Hearing on the proposed Sewer Service Rates in accordance with the applicable provisions of Proposition 218 (Article XIII D, sec. 6 of the California Constitution) in order to consider adoption of the proposed revised Sewer Service Rates; and

WHEREAS, pursuant to the provisions of Proposition 218, on August 18, 2023, City staff mailed 30,587 Notices of Public Hearing to the affected property owners notifying them of this Public Hearing and their rights to protest the proposed Sewer Service Rates , as well as t he amount of the proposed rates to be imposed, the basis upon which the amount of the proposed rates were calculated, and the reason for the proposed rate modifications; and

WHEREAS, in accordance with the City’s standard practice for noticing adoption of proposed ordinances imposing rate increases , a notice relating to the public hearing and proposed adoption of this Ordinance was published a newspaper of general circulation on September 22, 2023 and September 29, 2023, and a copy of said notice was also posted on the City’s website; and

WHEREAS, on October 3, 2023, the City conducted a Public Hearing in the manner required by law and considered all protests to the proposed Sewer Service Rates and at the close of the Public Hearing __________________ protests were received; and

WHEREAS, the number of protests submitted in opposition were not greater than 15,295 (which number represents a majority (50% +1) of the parcels subject to the proposed rates) and therefore a majority protest does not exist; and

WHEREAS, the City has complied with the notice, protest, and hearing requirements of Proposition 218 with respect to the proposed Sewer Service Rates; and

WHEREAS, the City Council has received, reviewed, and given due consideration to the evidence presented in connection with the Sewer Service Rates and rate methodology to be fixed by this Ordinance, including the Rate Study and other reports and information received by the City Council in the course of its business; and

WHEREAS, the City Council has evaluated and considered the Sewer Services the City provides to its residential and commercial, institutional , and public agency customers; the rates charged to the various customer discharger types for Sewer Services; the costs reasonably borne by the City in providing such services; the beneficiaries of such services; and the revenues produced by customers paying the City’s Sewer Service Rates; and

WHEREAS, the Sewer Service Rates being imposed and collected by the City have been established to yield revenues in amounts sufficient to: pay the operating expenses of the s ewer system; adequately fund and cover the costs of s ewage treatment and disposal facilities so they may be operated safely and reliably; provide for the construction, ownership, operation, repair, maintenance, and replacement of sewer system infrastructure; pay the interest and principal on any bonded debt of the sewer system and maintain the financial stability of the operation thereof; comply with state and federal regulatory s ewage treatment and disposal requirements; and provide adequate reserves in the City’s sewer fund for emergencies and unforeseen costs.

3 WHEREAS, the City Council has reviewed the adoption of this Ordinance pursuant to the requirements of the California Environmental Quality Act of 1970, as amended ("CEQA"), and has determined that the adoption of the Sewer Service Rates has no foreseeable potential to result in a significant impact upon the environment and is exempt from CEQA review pursuant to State CEQA Guidelines Section 15061(b)(3). Further, the City Council has determined that the adoption of revised Sewer Service Rates is exempt from substantive environmental review under Section 15273 of the State CEQA Guidelines, because the adoption of the revised Sewer Service Rates involves charges by a public agency for the purpose of meeting operating expenses, purchasing supplies, equipment and materials, and meeting financial reserve requirements; and

WHEREAS, to provide cost-efficient and reliable Sewer Services to its customers, the City Council finds it in the best interest of the City and its sewer customers to enact this Ordinance.

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

Section 1. Recitals.

The recitals set forth above are true and correct, and together with the findings and definitions set forth therein, are hereby made part of this Ordinance by this reference.

Section 2. Findings.

The City Council makes all of the following findings:

a. The revenues derived from the proposed Sewer Service Rates shall not exceed the funds required to provide the property related service;

b. The revenues derived from the proposed Sewer Service Rates shall not be used for any purpose other than that for which the proposed Sewer Service Rates are imposed;

c. The proposed Sewer Service Rates will be used to provide Sewer Services actually used or immediately available for use to the owners of the properties so charged;

d. The Sewer Service Rates charged shall not exceed the proportional cost of the service attributable to the parcel; and

e. The proposed Sewer Service Rates will not be used for general governmental services, including police, fire, ambulance, or library services..

Section 3. Adoption and Effective Dates of Sewer Service Rates.

The Sewer Service Rates set forth in Section 5 of this Ordinance are hereby adopted. The Sewer Service Rates designated to be effective on December 1, 2023, shall be fixed for all billings made on or after December 1, 2023, and thereafter shall be annually adjusted and fixed for all billings made on or after July 1 of each subsequent year, as indicated in Section 5 hereof.

4 Section 4. Revision of Section 10.01.020 of Chapter 10.01 (SEWER RATE ORDINANCE).

SECTION 10.01.020 ( SEWER SERVICE CUSTOMER DISCHARGER TYPES) OF

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

10.01.020 – Sewer service customer discharger types.

a. The following sewer service customer discharger types shall be used for sewer service billing purposes:

1. Single-family residential dischargers are those customers whose premises consist of any single-family dwelling, including homes, houses, residences, mobile homes, and other structures intended for and primarily used as single-family dwellings, and are not included in any other customer discharger type.

2. Multi-family residential dischargers are those customers whose premises consist of multi -family dwellings , including apartment complexes, duplex es, triplexes, condominiums, townhomes, and other similar structures intended for and primarily used as multi-family dwellings, and are not included in any other customer discharger type.

3. Commercial dischargers are those customers whose p remises consist of commercial, institutional, or industrial establishments which are not included in any other customer discharger type. Commercial discharger type customers includ e hotels, motels, camping facilities, schools, churches, restaurants, office buildings, factories, service stations, hospitals , and other structures, buildings, or facilities primarily used for commercial , institutional, industrial or manufacturing purposes, whether or not operated for a profit . Ordinances and regulations of the VVWRA require certain c ommercial customer discharger types to obtain w astewater discharge permits from the VVWRA ("industrial users"), and pay additional charges and surcharges directly to the VVWRA for the treatment or pretreatment of high strength wastewater.

4. Industrial and/or user-specific dischargers are those customers whose premises consist of buildings, structures, factories, plants, or other manufacturing or institutional facilities that discharge wastewater of unusual strength or character, as determined by the city's evaluation of the concentration, strength factors, and/or control parameters of such user's specific wastewater discharge, including, but not limited to, biochemical oxygen demand ( "BOD"), chemical oxygen demand ("COD"), suspended solids ("SS" or "TSS"), ammonia ("NH3"), and fixed dissolved solids ("FDS"). These dischargers are required to obtain a wastewater discharge permit from the IWWTP or the VVWRA, as applicable.

b. The customer or property owner of record for any p remises in the city served by the city sewer system shall report to the city any change in usage of the premises or characteristics of sewage discharge therefrom that could affect its customer discharge type classification within sixty (60) days of the date of such change.

5 c. T he city shall, upon notification or discovery of a change in classification of customer discharger type or usage, execute such change for billing and operational purposes and make reasonable allowance for the timing and/or retroactive adjustments of such billings based upon the facts available to and known by the city.

Section 5. Revision of Section 10.01.030 of Chapter 10.01 (SEWER RATE ORDINANCE).

SECTION 10.01.030 (SEWER SERVICE CHARGES) OF THE VICTORVILLE

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

10.01.030 – Sewer service charges.

a. Monthly sewer service charges for single-family residential and multi -family residential customer discharger types shall be calculated and billed based solely on the number of dwelling units of each customer, as set forth in the sewer rate schedule in subdivision d. of this section.

b. Monthly sewer service charges for commercial customer discharger types shall be calculated and billed based on a fixed amount per customer account, plus a volumetric charge per hundred cubic feet ("hcf") of water used, received, or taken by the customer (as recorded or otherwise estimated by the Victorville Water District , excluding that water used, received or taken exclusively for irrigation purposes), as set forth in the sewer rate schedule in subdivision d of this section.

c. Monthly sewer service charges for existing industrial and/or user-specific customer discharger types shall be calculated and billed based on the fixed and/or minimum monthly amounts, plus the applicable volumetric charges, and surcharges based upon each customer's individual wastewater constituents (i.e., BOD, COD, SS, TSS, NH 3,
and/or FDS), as set forth in the sewer rate schedule in subdivision d of this section (additional surcharges may apply should wastewater characteristics change). Monthly sewer service charges for future industrial and/or user -specific customer discharger types shall be determined and calculated by the city based on costs of service, following the evaluation described in section 10.01.020.a.4 of this chapter.

d. The sewer service rates/charges in the following sewer rate schedule shall be the maximum rates in effect for all sewer service billings made on or after December 1, 2023, and on July 1 of each year thereafter , subject to automatic adjustments that pass through to the city adopted increases or decreases in sewage treatment charges established by the VVWRA. Such automatic adjustments will be made following notice, and as otherwise provided for in Government Code Section 53756:

Sewer Rate Schedule Maximum Sewer Rates
12/1/2023 7/1/2024 7/1/2025 7/1/2026 7/1/2027
Residential Customers
Monthly fixed service charge,
per dwelling unit
Single-family residential $59.62 $62.60 $65.73 $69.01 $72.46 Multi-family residential $31.32 $32.89 $34.53 $36.26 $38.07 6 Note 1 - Monthly fixed charge based on the number of Calculated Equivalent Dwelling Units (CEDUs) on a monthly basis. One CEDU is estimated to be equal to 200 gallons per day of volume contributed to the sewer system. BOD and TSS surcharges apply to concentrations above 200 mg/l for BOD and 250 mg/l for TSS.

Note 2 – Monthly minimum charge for operations and maintenance of an Ion Exchange Treatment System to reduce Keurig Dr. Pepper process flow TDS levels to meet local limits regulated by the State Water Resources Control Board.

Note 3 - Volumetric charges (per 1,000 gal. or lbs.) shall apply accordingly if discharge exceeds 585,000 gpd, 28,100 lbs./day of COD or 1,400 lbs./day of SS in accordance with the DPSG Wastewater Capacity and Treatment Agreement.

Note 4 - The SS charge was replaced with an FDS surcharge as calculated in the Sewer Rate Study and is subject to a 2.7% general cost inflation factor in FY 2019/20 and beyond. This surcharge applies to all pounds of FDS treated.

Commercial Customers
Monthly fixed service charge,
per account $59.62 $62.60 $65.73 $69.01 $72.46
Volumetric charge, per hcf $4.54 $4.77 $5.01 $5.26 $5.52 Industrial Customers
Monthly fixed service charge,
per account $59.62 $62.60 $65.73 $69.01 $72.46
Volumetric charge, per hcf $4.54 $4.77 $5.01 $5.26 $5.52 BOD charge, per lb. $2.10 $2.21 $2.32 $2.43 $2.55
TSS charge, per lb. $2.03 $2.14 $2.24 $2.35 $2.47
User-Specific Industrial Customers
Federal Corrections Complex
(FCC)
Monthly fixed charge per
CEDU (see Note 1) $64.32 $67.54 $70.92 $74.46 $78.18 BOD charge, per lb.
(see Note 1) $2.10 $2.21 $2.32 $2.43 $2.55
SS charge, per lb.
(see Note 1) $2.03 $2.14 $2.24 $2.35 $2.47
Keurig Dr. Pepper (formerly
Dr. Pepper/Snapple (DPSG)
Monthly min. charge
(excluding capital recovery) $162,500 $162,500 $162,500 $162,500 $162,500 Monthly Fixed Charge
Ion Exchange (see Note 2) $10,200 $10,200 $10,200 $10,200 $10,200 Volumetric charge, per
1,000 gal. (see Note 3) $0.37 $0.37 $0.37 $0.37 $0.37 COD Charge, per lb.
(see Note 3) $0.13 $0.13 $0.13 $0.13 $0.13
FDS charge, per lb.
(see Note 4) $2.99 $3.07 $3.15 $3.24 $3.32

7 e. C ertain commercial, industrial, and/or user-specific discharger type customers of the city who also discharge high strength flows to the city sewer system and/or qualify as "industrial users " under the ordinances and regulations of the VVWRA , may currently pay or become subject to payment of additional charges directly to the VVWRA for sewage treatment or pretreatment, which additional charges may increase based on updated control parameters and surcharge rates duly established by the VVWRA.

Section 6. Revision of Section 10.01.040 of Chapter 10.01 (SEWER RATE ORDINANCE).

SECTION 10.01.040 (CONNECTION FEES) OF THE VICTORVILLE MUNICIPAL CODE IS HEREBY REVISED IN ITS ENTIRETY TO READ AS FOLLOWS:

10.01.040 – Sewer capacity charges.

a. Definitions. Sewer capacity charges (as defined in Government Code Section 66013) have been established for residential and non -residential development on a per equivalent dwelling unit ( "EDU") basis as part of the City’s Development Impact Fee program as set forth in s ection 16 -5-01.080 of Title 16 of this Code. An EDU represents the estimated daily sewer flow of a typical single-family dwelling unit, which is approximately one hundred forty -nine (149) gallons per day ( gpd) or twenty (20) plumbing fixture units as defined in the latest version of the California Plumbing Code as adopted by the City in Title 16 of this Code. An EDU analogue may also be determined using the projected daily average sewer flow as provided by th e prospective development and dividing that flow by 149 gpd.

b. Calculation. The total sewer capacity charge per house, habitation, structure, or other development is calculated by multiplying the currently applicable per EDU sewer capacity dollar amount (as set forth in the City’s most recently adopted Development Impact Fee master fee schedule ) by the applicable number of EDUs.

The following table provides the generally -applicable minimum number of EDUs for various types of development. However, to ensure that the City’s sewer system provides adequate capacity to serve new development and to account for potential classification anomalies , the City retains the discretion to use the minimum EDUs set forth in the table below or a flow-based EDU analogue as described in subdivision a. of this section to calculate the appropriate total sewer capacity charge:

TYPE OF

DEVELOPMENT DESCRIPTION MINIMUM
EDU
Residential:

Single family
dwellings
Twenty (20) plumbing fixture units (PFU) or less; incremental charges added proportionally for connections in excess of twenty (20) PFUs. 1.000 Multi-family
dwellings Per dwelling unit 0.916
Trailer or
mobile home
park
Per space 1.000
8 Commercial:

Motels Per dwelling unit; One-quarter (0.25) additional EDU for each dwelling unit with kitchen. 0.500
Hotels Per bedroom; One-quarter (0.25) additional EDU for each dwelling unit with kitchen. 0.500
Animal clinics 3.000
Barber shops 1.300
Beauty shops 1.300
Bottling works
(soft drink) 4.000
Churches Without kitchen 1.000
Churches With kitchen 2.000
Churches with
Schools See Elementary Schools, High Schools, and Junior High Schools. 1.000 Factory
One (1) additional EDU for each ten (10) or fewer employees after the first ten (10). The City reserves the right to determine that a particular class of industrial customer shall be subject to these provisions or any modification thereof. In such event, the affected customers shall be given at least fourteen (14) days' written notice prior to a hearing by the City Council thereon.

4.000
Food market One (1) additional EDU per month for commercial garbage grinder. 1.000 Hospital One (1) additional EDU for up to each two (2) beds after the first two (2). 1.000
Industrial
The greater of: One additional EDU for each ten or fewer employees after the first ten; or number of EDUs to be determined based on plumbing fixture counts. The city reserves the right to determine that a particular class of industrial customer shall be subject to these provisions or any modification thereof. In such event, the affected customers shall be given at least fourteen days' written notice prior to a hearing by the city council thereon.

4.000
Laundries and
laundromats
One (1) additional EDU for each three (3) or fewer machines after the first three (3). 1.000
Libraries 1.000
Mortuary 2.000
Professional
building Per suite 1.000
Public
buildings
The greater of:

One (1) additional EDU for up to each additional ten (10) employees after the first ten (10); or
Number of EDUs to be determined based on plumbing fixture counts.

1.000
9 Restaurants
with bar
One (1) additional EDU for up to each fifteen (15) seats after first thirty (30).

Drive ins—Each one (1) service space equals four (4) seats.

4.000
Restaurants
without bar
One (1) additional EDU for up to each fifteen (15) seats after first thirty (30).

Drive ins—Each one (1) service space equals four (4) seats.

2.000
Rest homes One (1) additional EDU for up to each three (3) beds after the first three (3). 1.000
Elementary
schools
One (1) additional EDU for up to each twenty-three (23) average daily attendance after the first twenty-three (23). 1.000
High Schools
and Junior
High Schools
One (1) additional EDU for up to each fourteen (14) average attendance after the first fourteen (14). 1.000
Service
stations with
rack

4.000
Service
stations
without rack

2.000
Service
stations with
rv dumping
station

3.000
Taverns
One (1) additional EDU for up to each fifteen (15) seats after first thirty (30).

Drive ins—Each one (1) service space equals four (4) seats.

2.000
Theaters Each sewer connection 2.000
General
Commercial—
Establishments
not listed
above or
separately
classified by
future action
of the council
Number of equivalent EDUs to be determined based on plumbing fixture counts. 1.000

c. The city further collects a regional VVWRA connection fee for capacity in the regional interceptor sewer and treatment facilities. This regional connection fee is set by and subject to inflationary adjustment as determined and approved by the VVWRA commission.

10 Section 7. R evision of Section 10.02.300 o f Chapter 10.02 (SANITARY SEWER USE ORDINANCE).

SECTION 10.02. 300 OF THE VICTORVILLE MUNICIPAL CODE, IS HEREBY REVISED IN ITS ENTIRETY TO READ AS FOLLOWS:

10.02.300 - Additional charges for substantial increases in discharges to the public sewer.

Any property currently connected to a public sewer, the discharge from which is later found to have been increased substantially beyond the proportionate share of public sewer capacity allotted to the property by the sewer permit, may be subject to an additional sewer capacity fee and/or a change of customer discharger type classification for the property in accordance with the provisions of c hapter 10.01, to cover the costs of providing for adequate public sewer capacity.

Section 8. California Environmental Quality Act.

For the reasons and on the bases set forth in the Recitals of this Ordinance, the City Council has determined that amending and revising the Rates for Sewer Services is exempt from CEQA review.

Section 9. Repeal of Conflicting Provisions.

All ordinances, resolutions, or administrative actions by the City Council, or parts thereof that are inconsistent or otherwise conflict with any provision of this Ordinance are hereby repealed, but only to the extent of such inconsistency or conflict.

Section 10. Severability.

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 11. Effective Date.

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

Section 12. Certification.

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

Attachment B
Notice of Public Hearing

1 NOTICE OF PUBLIC HEARING

PROPOSED SEWER SERVICE RATE CHANGES

<<Name>>
<<Address>>
<<City/State>> <<Zip>>

RE: <<Location>> APN: <APN>

PLEASE TAKE NOTICE THAT the City Council of the City of Victorville (the “ City”) will hold a public hearing on Tuesday, October 3, 2023 at 6:00 p.m., or as soon thereafter as the matter can be heard, at the location stated above to consider adopti ng changes to the rates and fees the City charges its customers for sewer/wastewater services (“Sewer Service Rates”). This notice is being sent to all property owners of record who receive sewer/wastewater services (“ Sewer Services”) from the City to describe the proposed rate changes (“ Proposed Rates”) and why they are needed.

Toda esta información puede ser encontrada en Español en la pagina web de la Ciudad de Victorville www.victorvilleca.gov/ratestudy. Si tiene preguntas adicionales por favor llame Alejandra Garcia al 760-955-2318.

REASONS FOR THE PROPOSED RATES
The City strives to provide its customers with the most efficient and cost- effective Sewer Services possible. The revenue derived from Sewer Service Rates is used to: (1) cover all sewer system related operations and maintenance costs, including treatment costs ; (2) ensure sufficient funding for essential capital improvement projects and equipment; and (3) maintain adequate sewer fund reserves for emergencies and unforeseen costs, including inflation.

Increases to the City’s Sewer Service Rates were last approved via ordinance on June 19, 2018, and became effective August 1, 2018. The approved Sewer Service Rates included a mechanism by which the City could “pass through” to its sewer service customers (following appropriate notice) any increase or decrease in the rates charged to the City by the Victor Valley Wastewater Reclamation Authority (“ VVWRA”) for the wastewater/sewage treatment services it provides. Such an increase was passed through by the City to its sewer service customers effective July 1, 2020, and as a result, the first year of the Proposed Rates also includes the last year of this VVWRA “pass-through” sewage treatment charge. The amount of any automatic “pass-through” sewage treatment charges that might be imposed by the VVWRA in the future is not known at this time.

The City engaged an independent consultant to perform a comprehensive cost of service/rate study to examine and project the City’s sewer utility system revenue needs (the “Rate Study”). The Rate Study revealed that the City needs to raise its Sewer Service R ates over the next five years to ensure continued proper operation and maintenance of the sewer system; cover increased VVWRA sewer treatment costs and other inflationary impacts; meet debt service requirements; rehabilitate and replace aging sewer system assets; and maintain appropriate operating reserves. The Rate Study also recommended modifying how the City calculates certain Sewer Service Rates to ensure costs are borne proportionally by customers according to use.

PUBLIC HEARING
October 3, 2023 @ 6:00 p.m.

Victorville City Hall Council Chambers
14343 Civic Drive, Victorville, California 92392
2 A copy of the Rate Study, including the data used to calculate the Proposed Rates, is available for review in-person at the office of the City Clerk at City Hall and online at www.victorvilleca.gov/ratestudy. If you have any other questions regarding the Proposed Rates, please call the City’s Public Works Department at 760-955 -5200.

BASIS UPON WHICH THE PROPOSED RATES WERE CALCULATED
All properties to which Sewer Services are made available are subject to sewer charges. Wastewater is not metered for specific flows. Instead, domestic water usage (not including water used for irrigation) is used to estimate wastewater flows. The methodology the City currently uses to calculate its Sewer Service Rates is based on customer classes and computed as follows:
• Single-Family Residential Customers are billed a fixed monthly service charge for each dwelling unit. • Multi-Family Residential Customers (such as apartment buildings) are billed a fixed monthly service charge for each dwelling unit. This fixed monthly charge is lower than that charged to Single- Family Customers to account for lower standard usage.
o A dwelling unit is an individual living u nit; for single -family residential customers, this is a single- family home and for multi-family customers, this is an individual unit (for example, an apartment unit, or one of the living units in a duplex or triplex building).
• Commercial Customers are billed a fixed monthly service charge for each account, plus a volumetric charge based on the amount of domestic water used at the property.
• Industrial Customers (user -specific) are billed fixed monthly charges (and in some cases monthly minimum charges), as well as surcharges, which are dependent on the wastewater strength characteristics, including biochemical oxygen demand (“BOD”), chemical oxygen demand (“COD”), suspended solids (“SS”), fixed dissolved solids (“FDS”), and total suspended solids (“TSS”).

The proposed changes to the current Sewer Service Rates methodology are as follows:
• The Industrial Customers (user -specific) class has been divided into two separate rate classes: Industrial Customers and User Specific Rate Customers.
o Industrial Customers will be billed a fixed monthly service charge, a volumetric charge based on the amount of domestic water consumed, plus surcharges for wastewater strength characteristics, including biochemical oxygen demand (“BOD”), total suspended solids (“TSS”). o User Specific Rate Customers will each be billed fixed and/or minimum monthly charges and various applicable surcharges based on their wastewater strength characteristics.

A table showing the current and Proposed Rates can is on the last page of this notice.

PUBLIC HEARING AND PROTEST
Any property owner of record (per the San Bernardino County Tax Roll) of a parcel identified as subject to the current and Proposed Rates may submit a written protest against the P roposed Rates. In order to be valid, each written protest must: (1) state that the protest is being submitted in opposition to the P roposed Rates for Sewer Services; (2) provide the identified assessor’s parcel number (APN) for which the protest is being submitted; and (3) include the printed name and original signature of the property owner of record submitting the protest. Only one written protest per identified parcel will be counted.

Written protests may be submitted by mail or personal delivery to: Victorville City Clerk, 14343 Civic Drive, Victorville, California 92392. On the front of each envelope in which a protest is submitted, please write or type “ Sewer Rate Protest” and the Assessor’s Parcel Number (APN) to which the enclosed protest relates. Protests submitted by email or other electronic means will not be accepted. Written protests may also be submitted at the October 3, 2023 public hearing; however; in order to be counted, all written protests, whether mailed or delivered in person, must be received by the City Clerk prior to the close of the public testimony portion of the public hearing. The City is sending this public hearing notice and conducting this majority protest proceeding in order to comply with Proposition 218 requirements.

At the October 3, 2023 public hearing, the City Council will consider all written protests timely submitted and hear all public comment on the Proposed Rates. Oral comments made at the public hearing will not be counted as protests unless accompanied by a valid written protest. If, at the close of the public hearing, valid written protests are submitted by the owners of record of a majority of the identified parcels subject to the Proposed Rates (50% plus one, a “Majority 3 Protest”), the City Council will not impose the Proposed Rates.

If, at the close of the public hearing, a Majority Protest does not exist, the City Council may consider for introduction and the first reading a Sewer Rate Ordinance to impose the Sewer Service Rates up to the maximum amounts proposed in this notice. If the Sewer Rate Ordinanc e is adopted for final passage on October 17, 2023, the Sewer Service Rates will become effective for all billings made on or after December 1, 2023, and on each July 1 thereafter in 2024, 2025, 2026, and 2027.

CURRENT AND PROPOSED SEWER SERVICE RATES
The following table compares the current and recommended Proposed Rates:

Future rate increases imposed on the City by the VVWRA may be passed through to customers as additional adjustments to the rates and fees shown above, following notice and as otherwise provided for in Government Code Section 53756.

Attachment C
Blackline showing changes to
Chapters 10.01 and 10.02
of the VMC
Blackline Comparison of VMC Changes made by Ord. No. 2444

Page 1 of 7 ends

10.01.020 – Sewer service customer discharger types.
a.

The following sewer service customer discharger types shall be used for sewer service billing purposes:

1. Single-family residential dischargers are those customers whose premises consist of any single-family dwelling, including homes, houses, residences, mobile homes, and other
structures intended for and primarily used as single-family dwellings, and are not included in any other customer discharger type.

2. Multi-family residential dischargers are those customers whose premises consist of multi-family dwellings, including apartment complexes, duplexes, triplexes, condominiums, townhomes, and other similar structures intended for and primarily used as multi-family d
wellings, and are not included in any other customer
discharger type.

3. Commercial dischargers are those cu stomers whose premises consist of commercial, institutional, or industrial establishments which do not discharge Wastewater directly to the IWWTP , and are not included in any other customer discharger type. Commercial discharger type customers include hotel s, motels, camping faciliti
es, schools, churches, restaurants, office buildings, factories, service stations, hospitals, and other structures, buildings, or facilities primarily used for
commercial, institutional, industrial or manufacturing purposes, whether or not operated for a profit. Ordinances and regulations of the VVWRA require certain commercial cust omer discharger types to obtain wastewater discharge permits fro
m the VVWRA ("industrial users"), and pay additional char ges and surcharges
directly to the VVWRA for the trea tment or pretreatment of high strength wastewater.

4. Industrial/ and/or user-specific disch argers are those custom ers whose premises consist of buildings, structures, factories, plants, or other manufac turing or institutio
nal facilities that discharge wastewater of unusual strength or character directly to the IWWTP, as determined by the city's evaluation of the concentration, strength factors, and/or control parameters of such user's specific wa stewater discharge,
including, but not limited to, biochemical oxygen demand ("BOD"), chemical oxygen demand ("COD"), suspended solids ("SS" or "TSS"), ammonia ("NH3"), and fixed dissolved solids ("FDS"). These dischargers are re quired to obtain a wastewater discharge permit from the IWWTP or the VVWRA, as applicable.
b.

The customer or property owner of record for any premises in the city served by th e city
sewer system shall report to the ci ty any change in usage of the premises or characteristics of sewage discharge therefrom that could affect its customer discharge type classification within sixty (60) days of the date of such change.
c.

The city shall, upon notification or discovery of a change in classification of customer discharger type or usage, execute such change for billing and operational purposes and make reasonable allowance for the timing and/or retroactive adjustments of such billings based upon the facts available to and known by the city .

Blackline Comparison of VMC Changes made by Ord. No. 2444

Page 2 of 7 ends

10.01.030 – Sewer service charges.

a. Monthly sewer service charges for single-family residential and multi-family residential customer discharger types shall be calculated and billed based solely on the number of dwelling units of each customer, as set forth in the sewer rate schedule in subdivision d. of this section.

b. Monthly sewer service charges for commercial customer discharger types shall be calculated and billed based on a fixed amount per customer account, plus a volumetric charge per hundred cubic feet ("hcf") of water used, received, or taken by the customer (as recorded or otherwise estimated by the Victorville Water District, excluding that water used, received or taken exclusively for irrigation purposes), as set forth in the sewer rate schedule in subdivision d. of this section.

c. Monthly sewer service charges for existing industrial/ and/or user-specific customer discharger types shall be calculated and billed based on the fixed and/or minimum monthly amounts, plus the applicable volumetric charges, charges, or otherand surcharges based upon each customer's individual wastewater constituents ( i.e., BOD, COD, SS, TSS, NH 3, and/or FDS), as set forth in the sewer rate schedule in subdivision d. of this section. (additional surcharges may apply should wastewater characteristics change). mMonthly sewer service charges for future industrial/ and/or user-specific customer discharger types shall be determined and calculated by the city based on costs of service, following the evaluation described in section 10.01.020.a.4 of this chapter.

d. The sewer service rates/charges in the following sewer rate schedule shall be the maximum rates in effect for all sewer service billings made on or after AugustDecember 1, 20182023, and on July 1 of each year thereafter, subject to automatic adjustments that pass through to the city adopted increases or decreases in sewage treatment charges established by the VVWRA. Such automatic adjustments will be made following notice, and as otherwise provided for in Government Code Section 53756:

Sewer Rate Schedule
Maximum Sewer Rates
812/1/2018
2023
7/1/2019
2024
7/1/2020
2025
7/1/2021
2026
7/1/2022
2027
Residential Customers
Monthly fixed service
charge, per dwelling unit
Single‐family residential
(See Note 1) $33.0359.62 $37.9862.60 $42.2065.73 $46.8069.01 $51.8972.46 Multi‐family residential
(See Note 1) $24.2531.32 $27.8832.89 $30.9834.53 $34.3536.26 $38.0907 Blackline Comparison of VMC Changes made by Ord. No. 2444

Page 3 of 7 ends

Commercial Customers
Monthly fixed service
charge, per account (See
Note 1)
$33.0359.62   $37.9862.60   $42.2065.73   $46.8069.01   $51.8972.46 Volumetric charge, per
hcf (See Note 1)   $2.814.54   $3.234.77   $3.595.01   $3.985.26   $4.415.52 Industrial Customers (user speciﬁc)
Monthly fixed service
charge, per
accountFederal
Corrections Complex
(FCC)
$59.62   $62.60   $65.73   $69.01   $72.46
Monthly
ﬁxedVolumetric charge,
per EDU (See Note 1
and Note 2) hcf
$33.244.54   $38.224.77   $42.475.01   $47.105.26   $5.52.22 BOD charge, per lb. $1.392.10   $1.602.21   $1.782.32   $1.972.43   $2.1955 SSTSS charge, per lb. $1.402.03   $1.612.14   $1.792.24   $1.982.35   $2.2047 User‐Specific Industrial Customers Keurig Dr. Pepper (formerly Dr. Pepper/Snapple (DPSG)) Federal Corrections
Complex (FCC) Monthly
min. charge (excluding
capital recovery)
$166,100   $191,016   $205,342   $220,742   $237,298 VolumetricMonthly
fixed charge, per 1,000
gal.CEDU (see Note 3)
1)
$0.9264.32   $1.0667.54   $1.1470.92   $1.2374.46   $1.3278.18 CODBOD charge, per
lb.
(see Note 1)
$0.162.10   $0.192.21   $0.202.32   $0.222.43   $0.232.55 FDSSS charge, per lb.
(see Note 4) 1) $2.6203   $2.6914   $2.7624   $2.8435   $2.9147 Keurig Dr. Pepper
(formerly Dr.

Pepper/Snapple
(DPSGPlasƟpak )

Monthly ﬁxedmin.
charge per account
(excluding capital
recovery)
$118.93
162,500
$136.77
162,500
$147.02
162,500
$158.05
162,500
$169.91
162,500
FDS charge, per
lb.Monthly Fixed Charge
Ion Exchange (see Note
42)
N/A$10,200 N/A$10,200 $2.7610,200 $2.8410,200 $2.9110,200 Volumetric charge,
per hcf1,000 gal. (see
Note 5) 3)
$7.950.37 $9.140.37 $9.820.37 $10.560.37 $11.350.37 Blackline Comparison of VMC Changes made by Ord. No. 2444

Page 4 of 7 ends

Note 1 ‐ Rates effective 7/1/2020 reflect the automatic pass through to the city of increased sewage treatment charges adopted and established by the VVWRA in December of 2019. Note 2 ‐ Monthly fixed charge is based on the number of Calculated Equivalent Dwelling Units (EDUsCEDUs) on a monthly basis. One EDUCEDU is estimated to be equal to 200 gallons per day of volume contributed to the sewer system. BOD and TSS surcharges apply to concentrations above 200 mg/l for BOD and 250 mg/l for TSS.

Note 3 ‐ Volumetric charges (per 1,000 gal. or lbs.) shall apply accordingly if discharge exceeds 585,000 gpd, 28,100 lbs./day of COD or 1,400 lbs./day of SS in accordance with the DPSG Wastewater Capacity and Treatment Agreement.

Note 4 ‐ The SS charge was replaced with an FDS surcharge as calculated in the Sewer Rate Study and is subject to a 2.7% general cost inflation factor in FY 2019/20 and beyond. This surcharge applies to all pounds of FDS treated.

Note 5 ‐ This volumetric charge applies to monthly water consumption.

Note 6 ‐ New Industrial Customer discharging as of 7/1/2020.

e. Certain commercial and, industrial/, and/or user-specific discharger type customers of the city who also discharge high strength flows to the city sewer system and/or qualify as "industrial users" under the ordinances and regulations of the VVWRA, may currently pay or become subject to payment of additional charges directly to the VVWRA for sewage treatment or pretreatment, which additional charges may increase based on updated control parameters and surcharge rates duly established by the VVWRA.

10.01.040 Connection fees – Sewer capacity charges.

a. Connection fees. Except as set forth in subdivision b. of this section, the local connection fee is three hundred fifty dollars per house, habitation or structure, or number of equivalent dwelling units ("EDUs") assigned in the following table. An EDU is equal to a two hundred forty-five gallon per day sewage discharge. The local connection fee is for constructing and/or upgrading local collection and trunk sewer facilities to provide the needed capacity.

This connection fee will be subjected to verification and adjustment based on plumbing fixture counts and reviewed and adjusted based on updated sewer master plan and construction cost index as presented in the ENR magazine (published by McGraw Hill):

HydraƟon Source COD
Charge, per lb.
(see Note 3)
$0.13   $0.13   $0.13   $0.13   $0.13
Monthly ﬁxedFDS
charge, per account lb.
(see Note 6) 4)
N/A$2.99   N/A$3.07   $2,2573.15   $2,4263.24   $2,6083.32 FDS charge, per lb.
(See Note 4)   N/A   N/A   $2.76   $2.84   $2.91
Blackline Comparison of VMC Changes made by Ord. No. 2444

Page 5 of 7 ends

a. Definitions. Sewer capacity charges (as defined in Government Code Section 66013) have been established for residential and non-residential development on a per equivalent dwelling unit ("EDU") basis as part of the City’s Development Impact Fee program as set forth in section 16-5-01.080 of Title 16 of this Code. An EDU represents the estimated daily sewer flow of a typical single-family dwelling unit, which is approximately one hundred forty-nine (149) gallons per day (gpd) or twenty (20) plumbing fixture units as defined in th e latest version of the California Plumbing Code as adopted by the City in Title 16 of this Code. An EDU analogue may also be determined using the projected daily average sewer flow as provided by the prospective development and dividing that flow by 149 gpd.

The following table provides the generally-applicable minimum number of EDUs for various types of development. However, to ensure that the City’s sewer system provides adequate capacity to serve new development and to account for potential classification anomalies, the City retains the discretion to use the minimum EDUs set forth in the table below or a flow-based EDU analogue as described in subdivision a. of this section to calculate the appropriate total sewer capacity charge:

TYPE OF
ConnecƟonDEVELOPMENT DESCRIPTION MINIMUM
EDU
Residential:

Single family dwellings
Twenty (20) plumbing fixture units (PFU) or less;
incremental charges added proportionally for connections in excess of twenty (20) PFUs.

1.000
Multi‐family dwellings Per dwelling unit 0.916
Trailer or mobile home park Per space 1.000
Commercial:

Motels   Per dwelling unit; One‐quarter (0.25) additional service unit (EDU) for each dwelling unit with kitchen.   0.500
Hotels   Per bedroom; One‐quarter (0.25) additional service unit (EDU) for each dwelling unit with kitchen.   0.500
Animal clinics   3.000
Barber shops   1.300
Beauty shops   1.300
Bottling works (soft drink)   4.000
Churches   Without kitchen   1.000
Churches   With kitchen   2.000
Blackline Comparison of VMC Changes made by Ord. No. 2444

Page 6 of 7 ends

Churches with Schools See Elementary Schools, High Schools, and Junior High Schools. 1.000
Factory
One (1) additional service unit (EDU) for each ten (10) or fewer employees after the first ten. (10). The City reserves the right to determine that a particular class of industrial customer shall be subject to these provisions or any
modification thereof. In such event, the affected customers shall be given at least fourteen (14) days' written notice prior to a hearing by the City Council thereon.

4.000
Food market One (1) additional service unit (EDU) per month for commercial garbage grinder. 1.000
Hospital One (1) additional service unit (EDU) for up to each two (2) beds after the first two. (2). 1.000
Industrial
The greater of: One additional service unit (EDU) for each ten or fewer employees after the first ten; or number of equivalent service unitsEDUs to be determined based on
plumbing fixture counts. The city reserves the right to determine that a particular class of industrial customer shall be subject to these provisions or any modification thereof.

In such event, the affected customers shall be given at least fourteen days' written notice prior to a hearing by the city council thereon.

4.000
Laundries and Laundromats   One (1) additional service unit (EDU) for each three (3) or fewer machines after the first three. (3).   1.000
Libraries   1.000
Mortuary   2.000
Professional building   Per suite   1.000
Public buildings
The greater of:

One (1) additional service unit (EDU) for up to each
additional ten (10) employees after the first ten; (10); or Number of equivalent service unitsEDUs to be determined based on plumbing fixture counts.

1.000
Restaurants with bar
One (1) additional service unit (EDU) for up to each fifteen (15) seats after first thirty. (30).

Drive ins—Each one (1) service space equals four (4) seats.

4.000
Restaurants without bar
One (1) additional service unit (EDU) for up to each fifteen (15) seats after first thirty. (30).

Drive ins—Each one (1) service space equals four (4) seats.

2.000
Rest homes One (1) additional service unit (EDU) for up to each three (3) beds after the first three. (3). 1.000
Blackline Comparison of VMC Changes made by Ord. No. 2444 Elementar
y schools
One (1) additional service unit (EDU) for up to each twenty‐ three (23) average daily attendance after the first twenty‐ three. (23).

1.000
High Schools and Junior
High Schools
One (1) additional service unit (EDU) for up to each
fourteen (14) average attendance after the first fourteen. (14).

1.000
Service stations with rack   4.000
Service stations without
rack   2.000
Service stations with rv
dumping station   3.000
Taverns
One (1) additional service unit (EDU) for up to each fifteen (15) seats after first thirty.  (30).

Drive ins—Each one (1) service space equals four (4) seats.

2.000
Theaters Each sewer connection 2.000
General Commercial—
Establishments not listed
above or separately
classified by future action
of the council
Number of equivalent service unitsEDUs to be determined based on plumbing fixture counts. 1.000
b.

The connection fee for industrial users or industrial/user specific customer discharger types shall be based upon the projected average daily flow, divided by two hundred forty-five gpd, as follows:

EXAMPLE 175,000 average daily projected flow
24 5 gpd per equivalent dwelling unit (EDU)
$3 50.00 per EDU
( 175,000/245) × $350.00 = $250,000.00
c. The City further collects a regional VVWRA connection fee for capacity in the regional interceptor sewer and treatment faci lities. This regional connection fee is set by and subject to inflationary adjus tment as determined and approved by the VVWRA commission.

10.02.300 - Additional charges for substantial increases in discharges to the public sewer.

Any property currently connected to a public sewer, the discharge from which is later found to have been increased substantially beyond the proportionate share of public s ewer capacity allotted to the property by the sewer permit, may be subject to an additional sewer capacity (connection) fee and/or a change of customer discharger type classification for the property in accordance with the provisions of c hapter 10.01, to c over the costs of increased maintenance occasioned by the subs tantial increase in discharge. providing for adequate public s ewer capacity.

Page 7 of 7 ends

Item Number: 3
City Council / Board of Directors
Consent Calendar
Meeting of: October 3, 2023
Submitted By:

Doug Mathews, Director of Public Works and Water

Subject:

Public Works O&M Statistics for the Fourth Quarter of Fiscal Year 2023 Recommendation:

That the Honorable Victorville City Council review and file.

Fiscal Impact:

There is no fiscal impact associated with this action.

Strategic Plan Goal:

This item aligns with Goal E of the Strategic Plan, Invest in Infrastructure. The various divisions of Public Works assist with creating a healthy and livable community by maintaining the City’s assets through investment in infrastructure and innovations.

Discussion:

The City of Victorville Public Works Department serves both residential and commercial customers, with a staff of 111 personnel. Department staff will be providing quarterly updates as a means to present key departmental activities, pertinent highlights, and operational performance indicators. Staff remains available for any questions the Council may have.

Attachments: A. Public Works FY2023 Q4 Quarterly Update Attachment A
Q4 FY 22/23: April 1, 2023 to June 30, 2023

QUARTERLY O&M STATISTICS
CITY OF VICTORVILLE – PUBLIC WORKS

Asphalt
2,444 - Potholes repaired
8,560 - Cracks sealed (linear feet)

Concrete
44 - Cubic yards poured
32 - Locations repaired

Graffiti
73,723 - Graffiti sq. ft. covered
751 - # of Graffiti locations
171 - Gallons of paint used
Right-of-Way
214 - Catch basins cleaned
11 - Drainage channels cleaned
6 - Shoulders graded (miles)

Fleet System Inspections
4 - Emissions System
52 - Safety Inspection
102 - Oil/Filter Change
37 - CAL “BIT” Compliance
16 - Transmission Service
219 - Work Orders completed
Fleet Vehicle Repair
59 - AC/Heater repairs
176 - Brakes and Tires replaced
125 - Electrical Systems repaired
878 - Work Orders completed
Assessment Districts
(City crews)
69 - Irrigation leak repairs
4 - Miles trimmed
13 - Service requests Sewer Mains
49 - Cleaned (miles)
16 - Camera inspected (miles)
6 - Sewer lateral repair projects
Street Sweeping
466 - Debris collected (tons)
310 - Debris recycled (tons)
5,416 - Miles swept
Signals & Street
Lighting
36 - Signals repaired
115 - Signals maintained
2 - Street lights repaired
Signage & Striping
21 - Gallons of paint used
0 - Miles of striping
2,122 - Signs maintained
350 - Signs fabricated

Q4 FY 22/23
It is the mission of the Public Works Department to be an integral part of our community by improving the quality of life by maintaining the City’s infrastructure. This is accomplished through a team of 103 dedicated public works professionals who provide superior customer assistance with timely, efficient, and effective delivery of public services. These core elements reflect the Department's ongoing commitment to preserving and enhancing the quality of life in the City of Victorville. This professional staff is led by the Director of Public Works and Water, an Assistant Director, four Managers, and an administrative staff to organize the delivery of these services. Below are brief descriptions of each division to help you understand their functions.

Fleet Division (18 Employees)
The Fleet Division is responsible for the maintenance, repair, and replacement of City vehicles and heavy equipment assigned to the City’s Fleet Division, including Fire Department apparatus and equipment, in addition to the Police Department’s vehicles and equipment. Over 900 vehicles and equipment are maintained using preventative maintenance schedules to extend the life of the vehicles and equipment and to improve performance and safety levels. Additionally, they maintain two Compressed Natural Gas (CNG) stations, used by City vehicles and available for public use, located at D Street and McArt Road. Annually, approximately 5,000 work orders are generated requiring over 15,000 labor hours to complete.

Street Maintenance Division (29 employees)
The Street Maintenance Division provides maintenance and repair of over 400 miles of paved roads with asphalt repairs including pothole repairing and crack sealing; concrete repairs including installing and repairing of sidewalks, curb & gutters, and handicap ramps; and cleaning of bus shelters, weed abatement and graffiti removal throughout the City. Additionally, this Division is responsible for the maintenance and repair of City dedicated open spaces including the Veteran’s Memorial, the Riverwalk, and the Seventh Street islands.

Traffic Maintenance Division (13 employees)
The Traffic Maintenance Division is responsible for the preventative maintenance and repair of 95 signalized intersections, including approximately 1,500 signal heads, throughout the City. In addition, this division also maintains public street markings like directional arrows and STOP bars in the streets, lane striping, crosswalk and curb painting, and the repairing and maintenance of delineators and other traffic control devices.

Right of Way Division (11 employees)
The Right of Way (ROW) Division is responsible for the maintenance and grading of approximately 370 miles of shoulders within the City right of way areas that do not currently have curbs and gutters by addressing roughly 65 miles annually, or as needed. Additionally, staff maintains the storm drain system with removal of sediment and debris from catch basins and channels across 68 miles of mainline. Daily street sweeping is performed to address approximately 700 miles annually, collecting up to 2,000 tons of debris.

CITY OF VICTORVILLE – PUBLIC WORKS DEPARTMENT
Assessment District Division (3 employees)
The assessment districts consist of 13 unique areas with special benefit improvements pursuant to the Landscape and Lighting Act of 1972 of the California Streets and Highways Code. These districts are split in 3 sections with the landscaping maintenance assessment (LMAD) responsible for 8 districts requiring landscape maintenance, the drainage facility assessment (DFAD) responsible for 3 districts requiring storm water management maintenance, and the community-funded parks maintenance assessment (MAD) responsible for 2 districts providing repairs and maintenance as needed. Maintenance performed within these districts include shrubbery and trees, irrigation systems, and perimeter walls and curbing across over 4 million square feet of area combined. To address the varying seasonal fluctuations across the district, this division also administers a contract that supplements the needs of all 13 assessment districts.

Sanitary Division (14 employees)
The Sanitary Division is responsible for the maintenance of the sanitary sewer collection system. This system has approximately 430 miles of sewer mainline and over 27,000 service connections. Daily tasks include flushing the sanitary sewer mainline and laterals, camera inspection of the sewer system, and responding to sanitary overflows to provide clean up and documentation.

Environment Programs Division (15 Employees)
The Environmental Programs Division provides for solid waste and recycling services by administering contracts for solid waste and recycling collection, solid waste disposal, recycling processing, organic material processing, household hazardous waste center staffing, and household hazardous waste disposal. Additionally, this division ensures the City’s compliance with State recycling mandates, including AB 939 (50% recycling), AB 341 and AB 1826 (Mandatory Commercial Recycling and Organics Recycling), and SB 1383 (Mandatory Organics Recycling).

The Division is also responsible for educating the public, businesses, multi-family housing complexes, and schools regarding recycling, organics recycling, backyard composting, household hazardous waste, #DumpItRightVV programs, and other cleanup programs in Victorville by staffing outreach/education booths at public events including the Fall Festival, Spring Egg Hunt, the Home and Garden Show at the Fairgrounds and other community events. Division staff assists Billing and Customer Service Divisions with field research, vacancy checks, and property owner verifications while also monitoring and checking all properties to ensure that all occupied premises in the City are signed up for solid waste/recycling service. The Illegal Dump Cleanup crew responds to reports of illegal dumping and proactively patrols areas known for illegal dumping while also cleaning up abandoned homeless encampments and boarding up vacant/nuisance buildings in response to requests from Code Enforcement Department. This Division also administers the Adopt-A-Street and Community Clean-Up Day programs.

Revised April 2023
Graffiti Hotline: (760) 261- 2222 Service Calls (760) 241- 6365 Administration (760) 955- 5200 City of Victorville
Public Works Department
VictorvilleCA.gov/PublicWorks
Item Number: 4
City Council / Board of Directors
Consent Calendar
Meeting of: October 3, 2023
Submitted By:

Doug Mathews, Director of Public Works and Water

Subject:

Environmental Programs Quarterly Report for the Fourth Quarter of Fiscal Year 2023 Recommendation:

That the Honorable Victorville City Council review and file.

Fiscal Impact:

There is no fiscal impact associated with this action.

Strategic Plan Goal:

This item aligns with Goal E of the Strategic Plan, Invest in Infrastructure. The Environmental Programs Division assists with creating a healthy and livable community by maintaining the City’s assets through investment in infrastructure and innovations.

Discussion:

The City of Victorville Environmental Programs Division within the Public Works Department serves both residential and commercial customers, with a staff of 15 personnel. Department staff will be providing quarterly updates as a means to present key departmental activities, pertinent highlights, and operational performance indicators.

Staff is available to answer any questions the Council may have.

Attachments: A. Environmental Programs Division Quarterly Report - FY2023 Q4 Attachment A
The City of Victorville’s Environmental Programs Division is responsible for administering, coordinating, implementing, and promoting programs related to solid waste management, recycling, household hazardous waste, community cleanup, and illegal dump abatement while also administering the contract with Victorville Disposal, our franchised trash/recycling hauler. The Division also is responsible for ensuring compliance with State of California legislative mandates to recycle and reduce waste sent to landfill, including AB 939 (50% recycling mandate); AB 341 (mandatory commercial recycling); AB 1826 (mandatory commercial ORGANICS recycling); and SB 1383 (organics landfill reduction).

QUARTERLY REPORT APR- JUNE 2023

AT-A-GLANCE

RECYCLING DROP-

OFF CENTER

HOUSEHOLD

HAZARDOUS WASTE

CENTER (HHWC)

ILLEGAL DUMP

ABATEMENT
3,059

VISITORS
45 TONS OF

E-WASTE RECYCLED
662

MATTRESSES

RECYCLED
1,503

VISITORS
3,330

GALLONS OF

MOTOR OIL
45 TIRES

DROPPED OFF
2,031

SITES ABATED
322

MATTRESSES

COLLECTED
402

TONS TO

LANDFILL

COMMUNITY
EVENTS

ILLEGAL DUMP

ABATEMENT
SB 1383
UPDATE

PROGRAM

SPOTLIGHT

Every April and October, we organize a city-wide Community Cleanup Day. Between 800- 1,200 volunteers turn out for each event, collecting litter and debris from roadsides. Volunteers are provided with trash bags, gloves, litter pickup sticks, water, and t-shirts while the City disposes of the collected trash. Volunteers also receive coupons for lunch discounts at a variety of participating local restaurants. More information on signing up for our Cleanup events can be found by visiting Victorvilleca.gov/CCU.

From our April 22, 2023, event:
# of Volunteers 545
# of Tons of Litter Collected 8
We sponsor an Adopt-A-Street Program to promote a cleaner community and provide a year- round volunteer opportunity for concerned residents. Adopt-A-Street volunteers agree to pick up litter along their “adopted” stretch of road at least four times per year.

Adopt-A-Street volunteers are provided gloves, litter sticks, and trash bags to collect the trash, which is then removed by our staff. The City also posts a “This Street Adopted By” street sign with the name of the individual or group that adopted the street. More information on how to become a volunteer, please visit Victorvilleca.gov/AdoptAStreet.

Cleanup performed April through June of 2023:
# of Family groups participating 17
# of Organizations participating 31
Adopt-A-Street Groups 28
Bags of Litter collected 75
04/12/23 – Seneca and El Evado 04/21/23 – Huntridge Ct and Seneca 05/03/23 – Mojave and Loves Lane Our crews provide support to the Code Enforcement Department as needed. Once a Code Enforcement Officer has posted the site and it has been vacated and authorized for abatement, our crews come in to clear the location of trash and debris. This task has continually grown in volume and takes more time as our homeless population has increased throughout the years to become a daily task for all crews. This most common items removed include clothing and electronics.

From April through June 2023:

Homeless Encampments abated 463
Despite the many programs offered by the City for free and convenient disposal, there are still individuals that choose to illegally dump debris on vacant lots, roadsides, and in alley ways.

These illegal dumps are unsightly and create hazards to our community, including to the vehicles traveling our roads and to the environment. Division workers routinely monitor areas for illegal dumps and use a variety of equipment to remove and clean up the debris.

Items removed between April and June 2023 included:

Total tons collected 154
Mattresses collected 322
Sofas collected 158
Tires collected 793
Sites abated 2,031
Total Tons collected 402
Services requests completed 1,070

Recycling Hotline: (760) 955- 8615 Service Calls (760) 241- 6365 Administration (760) 955- 5200 City of Victorville
Public Works Department – Environmental Programs Division VictorvilleCA.gov/DumpItRightVV
California’s Short-Lived Climate Pollutants Strategy, commonly referred to as SB 1383, passed in 2016 and went into effect on January 1, 2022. Commercial organics recycling programs for food scraps, garden trimmings, and wood waste have already been implemented in the City.

Our residential organics recycling program is expected to launch citywide in late 2023/early 2024, with all residents receiving green carts to properly dispose of their garden trimmings, wood scraps, and leftover food scraps/food waste.

We were “lid flipping” in the residential organics recycling pilot area, reviewing all three cans and providing feedback via “Oops” and “Gold Star” tags. There has been continual improvement since the launch of the pilot program, diverting an average of 3.55 tons of organic material each week.

Throughout the year, we sponsor events to assist our residents with cleanup and large projects that fall outside of their normal routine; events like ShredFest, Free Dump Day, and Community Cleanup. Our next quarter will include two of these events; Free Dump Day will be held on Saturday, July 22nd and ShredFest & Compost Giveaway will be held on Saturday, November 4th. Details on all our City cleanup programs can be found online at Victorvilleca.gov/DumpItRightVV.

Community Cleanup April 22 & October 21
Free Dump Days March 11, July 22, November 18
ShredFest & Compost Giveaway February 4, May 6, August 5 & November 4 Victorville Recycles Week TBD

Item Number: 5
City Council / Board of Directors
Consent Calendar
Meeting of: October 3, 2023
Submitted By:

Sophie L. Smith, Deputy City Manager / City Treasurer

Subject:

Commercial Demand Schedule No. 5
Recommendation:

That the City Council and Board of Directors ratify Commercial Demand Schedule No. 5 in the amount of $6,660,303.44, covering Electronic Fund Transfers No. 336385 through 336508 and Warrant No. 791976 through 792131 for 08/31/2023 through 09/13/2023, per the adopted budget for Fiscal Year 2023-2024 for the period covering July 1, 2023 through June 30, 2024.

Fiscal Impact:

The total fiscal impact for FY23-24 in the amount of $6,660,303.44 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. 5 Check Register Summary ATTACHMENT A:

Commercial Demand Schedule No. 5 Check Register Summary

CITY OF VICTORVILLE
Report generated: 09/13/2023 14:22 Page 1User:

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

AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
336385 09/06/2023 EFT 019621 AGA ENGINEERS, INC. 12,600.00 336386 09/06/2023 EFT 000144 AMERICAN GREEN DEVELOPERS 15,000.00 336387 09/06/2023 EFT 002921 AMERICAN LANDSCAPE AND MA 91,383.40 336388 09/06/2023 EFT 000165 ANIMAL EMERGENCY CLINIC 102.00 336389 09/06/2023 EFT 019580 ASTRUM UTILITY SERVICES 16,100.00 336390 09/06/2023 EFT 000205 ATLAS COPCO USA HOLDINGS 942.05 336391 09/06/2023 EFT 000297 BECK OIL, INC. 42,331.41
336392 09/06/2023 EFT 015877 BOOT BARN, INC. 900.00
336393 09/06/2023 EFT 014820 CAL-STATE AUTO PARTS 2.00
336394 09/06/2023 EFT 015486 CONSOLIDATED ELECTRICAL D 388.16 336395 09/06/2023 EFT 000677 CRAFCO, INC. 12,006.01
336396 09/06/2023 EFT 007554 DAVIS, JOSHUA 145.12
336397 09/06/2023 EFT 021664 DOOR AND WINDOW GUARD, IN 532.88 336398 09/06/2023 EFT 022345 DIAMOND ENVIRONMENTAL SER 109.29 336399 09/06/2023 EFT 017560 FERGUSON ENTERPRISES, LLC 332.64 336400 09/06/2023 EFT 017560 FERGUSON WATERWORKS 58.57
336401 09/06/2023 EFT 000975 FRANKLIN TRUCK PARTS, INC 279.57 336402 09/06/2023 EFT 016134 FRONTIER COMMUNICATIONS C 1,948.16 336403 09/06/2023 EFT 003960 CENGAGE LEARNING, INC. 744.46 336404 09/06/2023 EFT 001015 GALLS PARENT HOLDINGS, LL 243.98 336405 09/06/2023 EFT 001740 G.A. OSBORNE PIPE-SUPPLY 123.58 336406 09/06/2023 EFT 001063 GOODYEAR TIRE & RUBBER CO 247.10 336407 09/06/2023 EFT 001076 GRAINGER 71.78
336408 09/06/2023 EFT 006269 GREEN, DE BORTNOWSKY, LLP 6,500.00 336409 09/06/2023 EFT 001104 HAAKER EQUIPMENT CO. 2,774.45 336410 09/06/2023 EFT 017071 HARTNELL, AUSTIN 71.00
336411 09/06/2023 EFT 008848 HI DESERT FIRE PROTECTION 371.67 336413 09/06/2023 EFT 001627 MUNICIPAL MAINTENANCE EQU 192.62 336414 09/06/2023 EFT 003523 ODYSSEY POWER CORPORATION 1,115.56 336415 09/06/2023 EFT 001789 PARKHOUSE TIRE, INC. 206.86 336416 09/06/2023 EFT 013165 PETE'S ROAD SERVICE 2,226.32 336417 09/06/2023 EFT 001886 PRUDENTIAL OVERALL SUPPLY 394.39 336418 09/06/2023 EFT 018886 RDO EQUIPMENT CO. 352.12
336419 09/06/2023 EFT 012308 ROADPOST USA ,INC. 133.90
336420 09/06/2023 EFT 002123 SHERWIN WILLIAMS COMPANY 789.86 336421 09/06/2023 EFT 002936 SONSRAY MACHINERY LLC 368.96 336422 09/06/2023 EFT 005712 SOUTHERN COUNTIES OIL CO. 31,485.49 336423 09/06/2023 EFT 012798 PRO SALES GROUP 2,837.00
336424 09/06/2023 EFT 017269 TOWN & COUNTRY TIRE INC 1,122.47 336425 09/06/2023 EFT 001169 AUTO PARTS DIRECT LLC 571.38 336426 09/06/2023 EFT 002419 UNDERGROUND SERVICE ALERT 775.86 336427 09/06/2023 EFT 014536 UNITED SITE SERVICES OF C 3,490.83 336428 09/06/2023 EFT 008430 CALMAT COMPANY 2,774.48
336429 09/06/2023 EFT 013434 VICTORVILLE GLASS CO., IN 125.80 336430 09/06/2023 EFT 002862 V.V. TOW, INC. 102.00
336431 09/06/2023 EFT 002498 VICTOR VALLEY WASTEWATER 15,144.26 336432 09/06/2023 EFT 006861 WATER SYSTEMS CONSULTING, 5,290.00 336433 09/06/2023 EFT 002554 WAXIE SANITARY SUPPLY 475.91 336434 09/06/2023 EFT 022033 WOODARD & CURRAN, INC. 341,835.03 336435 09/06/2023 EFT 018845 Z GLOBAL INC. 325,883.01
336436 09/13/2023 EFT 010063 10-8 RETROFIT, INC. 19,310.14 336437 09/13/2023 EFT 016204 4LEAF, INC. 19,333.37

CITY OF VICTORVILLE
Report generated: 09/13/2023 14:22 Page 2User:

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

AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
336438 09/13/2023 EFT 014305 ALBERT A .WEBB ASSOCIATES 34,320.25 336439 09/13/2023 EFT 000104 DANTIN ENTERPRISES, INC. 53.23 336440 09/13/2023 EFT 019363 ALL PROPEST CONTROL SERVI 210.00 336441 09/13/2023 EFT 014085 ANGELES CONTRACTOR, INC 1,775,355.49 336442 09/13/2023 EFT 000165 ANIMAL EMERGENCY CLINIC 204.00 336443 09/13/2023 EFT 018562 BEST POWER EQUIPMENT, LLC 3,894.86 336444 09/13/2023 EFT 022189 ATIMUA, ASIANA LIMA 350.00 336445 09/13/2023 EFT 000297 BECK OIL, INC. 17,398.99
336446 09/13/2023 EFT 016222 CACEO 180.00
336447 09/13/2023 EFT 002720 CALIFORNIA TOOL & WELDING 26.48 336448 09/13/2023 EFT 014820 CAL-STATE AUTO PARTS 388.68 336449 09/13/2023 EFT 016335 CHARTER COMMUNICATION HOL 17,271.84 336450 09/13/2023 EFT 017738 CONSOLIDATED FIRE AGENCIE 328,414.52 336451 09/13/2023 EFT 015486 CONSOLIDATED ELECTRICAL D 1,267.07 336452 09/13/2023 EFT 000657 CORONA CLAY COMPANY 1,745.94 336453 09/13/2023 EFT 012875 J W D'ANGELO CO INC 15,323.26 336454 09/13/2023 EFT 017312 SSI AND ASSOCIATES, INC. 165.00 336455 09/13/2023 EFT 022345 DIAMOND ENVIRONMENTAL SER 552.37 336456 09/13/2023 EFT 000875 ENDURA STEEL, INC. 45.83
336457 09/13/2023 EFT 014106 ENGINEERING RESOURCES OF 550.00 336458 09/13/2023 EFT 015760 FASTENAL COMPANY 88.61
336459 09/13/2023 EFT 017560 FERGUSON ENTERPRISES, LLC 66.42 336460 09/13/2023 EFT 017560 FERGUSON WATERWORKS 17,407.11 336461 09/13/2023 EFT 011206 FLYERS ENERGY LLC 7,898.79 336462 09/13/2023 EFT 000975 FRANKLIN TRUCK PARTS, INC 125.90 336463 09/13/2023 EFT 016134 FRONTIER COMMUNICATIONS C 7,382.23 336464 09/13/2023 EFT 001740 G.A. OSBORNE PIPE-SUPPLY 2,527.62 336465 09/13/2023 EFT 001063 GOODYEAR TIRE & RUBBER CO 2,119.65 336466 09/13/2023 EFT 001076 GRAINGER 626.36
336467 09/13/2023 EFT 020948 HARPER, JAMES JR 950.00
336468 09/13/2023 EFT 028225 HESPERIA OUTDOOR POWER EQ 573.65 336469 09/13/2023 EFT 000278 HI DESERT ALARM 255.00
336470 09/13/2023 EFT 014969 LOS ANGELES TRUCK, LLC 572.53 336471 09/13/2023 EFT 010774 HR GREEN PACIFIC, INC. 18,184.25 336472 09/13/2023 EFT 021594 HERITAGE LANDSCAPE SUPPLY 10,065.20 336473 09/13/2023 EFT 004986 LESLIE'S SWIMMING POOL SU 222.56 336474 09/13/2023 EFT 000696 L.N. CURTIS & SONS 4,998.15 336475 09/13/2023 EFT 015804 MISSION AMBULANCE, INC. 110,240.00 336476 09/13/2023 EFT 017743 PULICE, SAMUEL A. 25.16
336477 09/13/2023 EFT 003523 ODYSSEY POWER CORPORATION 11,982.26 336478 09/13/2023 EFT 019735 PACIFIC UTILITY INSTALLAT 75,807.45 336479 09/13/2023 EFT 001789 PARKHOUSE TIRE, INC. 187.18 336480 09/13/2023 EFT 022232 PERMA-BOUND BOOKS 1,000.48 336481 09/13/2023 EFT 013165 PETE'S ROAD SERVICE 1,289.79 336482 09/13/2023 EFT 021791 PRESTON, JOHN J. 111.00
336483 09/13/2023 EFT 001886 PRUDENTIAL OVERALL SUPPLY 707.58 336484 09/13/2023 EFT 018886 RDO EQUIPMENT CO. 1,460.47 336485 09/13/2023 EFT 013661 REBEL OIL COMPANY 2,482.85 336486 09/13/2023 EFT 024930 REFRIGERATION SUPPLIES DI 135.04 336487 09/13/2023 EFT 002063 SBC FIRE DEPARTMENT 2,046.00 336488 09/13/2023 EFT 010047 SHELL ENERGY NORTH AMERIC 152,256.00 336489 09/13/2023 EFT 014499 SOUTHERN CALIFORNIA FLEET 2,333.85

CITY OF VICTORVILLE
Report generated: 09/13/2023 14:22 Page 3User:

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

AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
336490 09/13/2023 EFT 002936 SONSRAY MACHINERY LLC 734.47 336491 09/13/2023 EFT 001153 DS SERVICES OF AMERICA, I 603.41 336492 09/13/2023 EFT 010553 SPOK, INC. 12.80
336493 09/13/2023 EFT 012798 PRO SALES GROUP 910.92
336494 09/13/2023 EFT 019341 MARTIN, ARMANDO JR. 2,000.00 336495 09/13/2023 EFT 017269 TOWN & COUNTRY TIRE INC 1,092.80 336496 09/13/2023 EFT 022839 TRIMARK ASSOCIATES, INC. 6,999.66 336497 09/13/2023 EFT 002419 UNDERGROUND SERVICE ALERT 392.38 336498 09/13/2023 EFT 014536 UNITED SITE SERVICES OF C 756.04 336499 09/13/2023 EFT 000095 UNIVAR SOLUTIONS USA INC. 1,495.31 336500 09/13/2023 EFT 013356 VALLEYWIDE NEWSPAPERS LLC 371.00 336501 09/13/2023 EFT 015079 VERIZON WIRELESS SERVICES 16,830.44 336502 09/13/2023 EFT 020762 OREMOR OF VICTORVILLE, LL 326,342.53 336503 09/13/2023 EFT 008430 CALMAT COMPANY 2,805.74
336504 09/13/2023 EFT 002862 V.V. TOW, INC. 233.75
336505 09/13/2023 EFT 002498 VICTOR VALLEY WASTEWATER 1,135,963.82 336506 09/13/2023 EFT 002554 WAXIE SANITARY SUPPLY 3,767.23 336507 09/13/2023 EFT 015764 WESTRUX INTERNATIONAL INC 1,840.90 336508 09/13/2023 EFT 018845 Z GLOBAL INC. 331,843.03
791976 09/06/2023 PRINTED 016218 2 HOT UNIFORMS INC 161.79 791977 09/06/2023 PRINTED 014878 ALLTECH INDUSTRIES, INC 21,250.23 791978 09/06/2023 PRINTED 022483 AMERICAN FLAG POLE & FLAG 999.00 791979 09/06/2023 PRINTED 020042 ANGEL ROCK AND SAND 1,810.69 791980 09/06/2023 PRINTED 017968 AVCOM SERVICES, INC. 237.00 791981 09/06/2023 PRINTED 000290 BATTERY MART OF APPLE VAL 930.73 791982 09/06/2023 PRINTED 017353 BOUND TREE MEDICAL, LLC 1,095.31 791983 09/06/2023 PRINTED 022481 EMERALD ISLE ENTERTAINMEN 8,000.00 791984 09/06/2023 PRINTED 000380 BURRTEC WASTE INDUSTRIES 18,883.97 791985 09/06/2023 PRINTED 000380 BURRTEC WASTE INDUSTRIES 411.40 791986 09/06/2023 PRINTED 004743 COUNTY OF MARIN/CAL-SLA 2,520.00 791987 09/06/2023 PRINTED 000787 DIVISION OF THE STATE ARC 2,043.77 791988 09/06/2023 PRINTED 001162 HI-DESERT COMMUNICATIONS 380.00 791989 09/06/2023 PRINTED 019955 CLIFTONLARSONALLEN LLP 27,000.00 791990 09/06/2023 PRINTED 017750 CMC RESCUE INC. 3,338.14 791991 09/06/2023 PRINTED 022485 COLLABORATIVE SUMMER LIBR 278.21 791992 09/06/2023 PRINTED 007258 COMMONWEALTH LAND TITLE C 1,000.00 791993 09/06/2023 PRINTED 022318 FIFTH ASSET, INC. 21,000.00 791994 09/06/2023 PRINTED 010687 HONG, JAMES 1,853.30
791995 09/06/2023 PRINTED 000133 DMC-DOCUMENT & MIRCROFILM 633.83 791996 09/06/2023 PRINTED 002607 FAUST MEDIA SERVICES, LLC 1,582.31 791997 09/06/2023 PRINTED 004581 FLEETPRIDE 7.61
791998 09/06/2023 PRINTED 001074 GRAHAM EQUIPMENT 1,670.40 791999 09/06/2023 PRINTED 022352 GRIFFITHS, MARK 375.00 792000 09/06/2023 PRINTED 001155 HESPERIA HOSE SUPPLY 1,055.38 792001 09/06/2023 PRINTED 004021 HIGH DESERT LASER GRAPHIC 30.99 792002 09/06/2023 PRINTED 020667 CONDON, JOSEPH 840.00
792003 09/06/2023 PRINTED 021978 LAW OFFICE OF PETER KIEL 3,611.49 792004 09/06/2023 PRINTED 015232 LOGICALIS, INC 90,250.69 792005 09/06/2023 PRINTED 010660 LOVELAND'S AUTOMOTIVE SER 404.01 792006 09/06/2023 PRINTED 021819 LUJAN, LOUIS 370.58
792007 09/06/2023 PRINTED 004292 LU'S LIGHTHOUSE 648.47 792008 09/06/2023 PRINTED 000361 MARK BROWN & ASSOCIATES, 220.00

CITY OF VICTORVILLE
Report generated: 09/13/2023 14:22 Page 4User:

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

AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
792009 09/06/2023 PRINTED 020698 MUSCO CORPORATION 402.03 792010 09/06/2023 PRINTED 022212 MWI VETERINARY SUPPLY CO. 816.73 792011 09/06/2023 PRINTED 001648 NAPA AUTO PARTS 1,549.94 792012 09/06/2023 PRINTED 019301 NATIONAL CASTING CORPORAT 7,634.25 792013 09/06/2023 PRINTED 021023 NEWMAN - HARRISON, SUSAN 75.00 792014 09/06/2023 PRINTED 021150 ODP BUSINESS SOLUTIONS, L 4,219.52 792015 09/06/2023 PRINTED 017105 ORTIZ, TIMOTHY 164.77
792016 09/06/2023 PRINTED 018242 RAUCH COMMUNICATIONS 1,237.60 792017 09/06/2023 PRINTED 021817 REGIN, GERMAN 90.96
792018 09/06/2023 PRINTED 006514 RITE-WAY ROOF CORPORATION 7,760.30 792019 09/06/2023 PRINTED 017036 RIVERS & LANDS CONSERVANC 3,477.50 792020 09/06/2023 PRINTED 002037 SAN BERNARDINO COUNTY 508.00 792021 09/06/2023 PRINTED 019447 R&R B INC. 22,699.05
792022 09/06/2023 PRINTED 016345 NNN INVESTMENTS INC. 49.75 792023 09/06/2023 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 69,497.95 792024 09/06/2023 PRINTED 024609 STAPLES BUSINESS ADVANTAG 2,855.27 792025 09/06/2023 PRINTED 002269 SUNLAND FORD 948.77
792026 09/06/2023 PRINTED 002204 SOUTHWEST GAS CORPORATION 45,932.96 792027 09/06/2023 PRINTED 999992 TUCKER, LAPORSCHE 27.00 792028 09/06/2023 PRINTED 022188 UNITED WATER WORKS, INC. 10,911.59 792029 09/06/2023 PRINTED 016520 UNITED STATES CUSTOMS AND 53,212.22 792030 09/06/2023 PRINTED 029101 ACUITY SPECIALTY PRODUCTS 283.25 792031 09/06/2023 PRINTED 022244 LEXISNEXIS RISK SOLUTIONS 533.28 792032 09/07/2023 PRINTED 020751 MCPHERSON, MALLORY 1,163.21 792033 09/13/2023 PRINTED 013312 A & B HITCHES AND MUFFLER 743.34 792034 09/13/2023 PRINTED 018995 AIR EXCHANGE, INC. 566.00 792035 09/13/2023 PRINTED 006716 AIRGAS USA, LLC 40.08
792036 09/13/2023 PRINTED 016435 ALLIANT INSURANCE SERVICE 10,944.00 792037 09/13/2023 PRINTED 022097 AMAZON CAPITAL SERVICES, 59.79 792038 09/13/2023 PRINTED 017046 ANDREASIAN, AREN 320.00 792039 09/13/2023 PRINTED 000174 APEX RENTAL 169.96
792040 09/13/2023 PRINTED 017968 AVCOM SERVICES, INC. 521.50 792041 09/13/2023 PRINTED 004381 BAKER, FRANK 96.06
792042 09/13/2023 PRINTED 025164 BANK OF NEW YORK MELLON T 2,506.20 792043 09/13/2023 PRINTED 000290 BATTERY MART OF APPLE VAL 636.95 792044 09/13/2023 PRINTED 021658 BUCHALTER, A PROFESSIONAL 8,099.87 792045 09/13/2023 PRINTED 014671 BUREAU OF RECLAMATION 949.74 792046 09/13/2023 PRINTED 012732 CALPORTLAND COMPANY 751.73 792047 09/13/2023 PRINTED 020755 MIKE CAPOSIO BUICK GMC, L 438.94 792048 09/13/2023 PRINTED 001162 HI-DESERT COMMUNICATIONS 380.00 792049 09/13/2023 PRINTED 017750 CMC RESCUE INC. 8,259.33 792050 09/13/2023 PRINTED 014721 CORE & MAIN LP 2,273.32 792051 09/13/2023 PRINTED 999976 DYNASTY REAL ESTATE 2,908.50 792052 09/13/2023 PRINTED 010687 HONG, JAMES 193.95
792053 09/13/2023 PRINTED 018020 DIXON PEST CONTROL, INC. 391.41 792054 09/13/2023 PRINTED 021599 ELIZONDO, EDUARDO 345.63 792055 09/13/2023 PRINTED 999978 540 N. San Vicente Blvd, 1,401.20 792056 09/13/2023 PRINTED 999978 55555 AMARGOSA LLC 3,598.75 792057 09/13/2023 PRINTED 999978 55555 AMARGOSA LLC 4,128.50 792058 09/13/2023 PRINTED 020330 FENAGH, LLC 8,028.00
792059 09/13/2023 PRINTED 017560 FERGUSON HVAC 22.83
792060 09/13/2023 PRINTED 000946 FIRST AMERICAN TITLE COMP 948.00

CITY OF VICTORVILLE
Report generated: 09/13/2023 14:22 Page 5User:

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

AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
792061 09/13/2023 PRINTED 013384 LASTAND, INC. 145.00
792062 09/13/2023 PRINTED 011371 GARDA CL NORTHWEST, INC. 2,852.20 792063 09/13/2023 PRINTED 021440 GATEHOUSE MEDIA CALIFORNI 1,429.62 792064 09/13/2023 PRINTED 001074 GRAHAM EQUIPMENT 676.43 792065 09/13/2023 PRINTED 999980 Hook & Cobalt, LLC 3,510.50 792066 09/13/2023 PRINTED 013017 HACH COMPANY 1,446.01
792067 09/13/2023 PRINTED 001155 HESPERIA HOSE SUPPLY 493.38 792068 09/13/2023 PRINTED 016383 HI DESERT TROPHY 234.90 792069 09/13/2023 PRINTED 000833 HINDERLITER, DELLAMAS & A 19,465.29 792070 09/13/2023 PRINTED 021100 HOWARD'S APPLIANCE, INC. 8,997.99 792071 09/13/2023 PRINTED 020667 CONDON, JOSEPH 1,780.62 792072 09/13/2023 PRINTED 012130 JONES, ANTHONY 101.25
792073 09/13/2023 PRINTED 022048 CJAM LLC 55.00
792074 09/13/2023 PRINTED 004807 KONE, INC. 350.00
792075 09/13/2023 PRINTED 018875 KONICA MINOLTA BUSINESS S 405.42 792076 09/13/2023 PRINTED 018875 KONICA MINOLTA BUSINESS S 708.39 792077 09/13/2023 PRINTED 004292 LU'S LIGHTHOUSE 452.60 792078 09/13/2023 PRINTED 000361 MARK BROWN & ASSOCIATES, 140.00 792079 09/13/2023 PRINTED 017097 MENDOZA, JOSHUA 70.00
792080 09/13/2023 PRINTED 022353 MUNIZ, EFRAIN 300.00
792081 09/13/2023 PRINTED 022212 MWI VETERINARY SUPPLY CO. 109.24 792082 09/13/2023 PRINTED 001648 NAPA AUTO PARTS 1,862.65 792083 09/13/2023 PRINTED 021150 ODP BUSINESS SOLUTIONS, L 411.37 792084 09/13/2023 PRINTED 999988 PONTIOUS ARCHITECTURE 1,884.75 792085 09/13/2023 PRINTED 015663 PADILLA & ASSOCIATES, INC 3,716.31 792086 09/13/2023 PRINTED 014355 QUINN COMPANY 44.62
792087 09/13/2023 PRINTED 002746 ROTO ROOTER PLUMBERS 15,622.00 792088 09/13/2023 PRINTED 002037 SAN BERNARDINO COUNTY 303.46 792089 09/13/2023 PRINTED 018370 SITEONE LANDSCAPE SUPPLY 4,308.23 792090 09/13/2023 PRINTED 016345 NNN INVESTMENTS INC. 49.75 792091 09/13/2023 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 402,942.87 792092 09/13/2023 PRINTED 002269 SUNLAND FORD 214.89
792093 09/13/2023 PRINTED 021687 TITANS COMPLIANCE TESTING 1,651.00 792094 09/13/2023 PRINTED 002357 TOPS N' BARRICADES, INC. 1,157.75 792095 09/13/2023 PRINTED 018704 AMERICAN TRAINCO LLC 2,590.00 792096 09/13/2023 PRINTED 013754 TURBOSCAPE, INC. 2,876.45 792097 09/13/2023 PRINTED 006279 TURF STAR, INC. 189.66 792098 09/13/2023 PRINTED 017862 SOARES AUTOMOTIVE INC. 206,727.41 792099 09/13/2023 PRINTED 006411 CITY OF VICTORVILLE 266.91 792100 09/13/2023 PRINTED 002879 VICTOR VALLEY TRANSIT AUT 367.50 792101 09/13/2023 PRINTED 029510 WEST END MATERIAL SUPPLY 914.01 792102 09/13/2023 PRINTED 016092 BRAYFIELD, ZACHARY SCOTT 925.00 792103 09/13/2023 PRINTED 021300 ABOU ZAKHEM, MANAR A 32.22 792104 09/13/2023 PRINTED 022525 ADAME, LINDA 41.36
792105 09/13/2023 PRINTED 022520 ALFEREZ-CORDOVA, EDUARDO 10.52 792106 09/13/2023 PRINTED 018081 BAHAR, EZEKIEL 16.08
792107 09/13/2023 PRINTED 022530 CHICAGO TITLE CO 93.15 792108 09/13/2023 PRINTED 022523 COSCO FIRE PROTECTION 441.10 792109 09/13/2023 PRINTED 022467 DDH APPLE VALLEY CONSTRUC 128.08 792110 09/13/2023 PRINTED 022536 FIRST AMERICAN TITLE 28.96 792111 09/13/2023 PRINTED 022527 JACKSON, JOANNA 39.39
792112 09/13/2023 PRINTED 019724 LGI HOMES 79.56

CITY OF VICTORVILLE
Report generated: 09/13/2023 14:22 Page 6User:

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

AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared
792113 09/13/2023 PRINTED 019724 LGI HOMES 1,000.92
792114 09/13/2023 PRINTED 022516 LIGHTSPEED INVESTMENTS 63.54 792115 09/13/2023 PRINTED 018741 MARTINEZ, JENNIFER 43.86 792116 09/13/2023 PRINTED 022533 MCKINNEY, DAVID 11.85
792117 09/13/2023 PRINTED 022522 MIDNIGHT PROPERTIES 10.93 792118 09/13/2023 PRINTED 022529 ORANGE COAST TITLE CO 363.19 792119 09/13/2023 PRINTED 022518 QUINTERO, KARINA 80.35 792120 09/13/2023 PRINTED 019845 RICHMOND AMERICAN HOMES 77.98 792121 09/13/2023 PRINTED 019845 RICHMOND AMERICAN HOMES 80.48 792122 09/13/2023 PRINTED 019845 RICHMOND AMERICAN HOMES 94.04 792123 09/13/2023 PRINTED 017316 SECC CORPORATION 689.88 792124 09/13/2023 PRINTED 022521 TELLEZ, FRANCISCO 11.85 792125 09/13/2023 PRINTED 022517 VILLANUEVA, MIGUEL A. 84.69 792126 09/13/2023 PRINTED 022519 WARD, MARK C 540.24
792127 09/13/2023 PRINTED 022531 WEDGEWOOD LLC 27.93
792128 09/13/2023 PRINTED 022526 WEI, ZHENG 41.36
792129 09/13/2023 PRINTED 022532 WFG NATIONAL TITLE CO OF 1,216.71 792130 09/13/2023 PRINTED 022515 WILLIAMS, DARWIN KEITH II 24.38 792131 09/13/2023 PRINTED 012523 XU, MICHAEL J 19.55
279 CHECKS CASH ACCOUNT TOTAL 6,660,303.44 .00
Item Number: 6
City Council / Board of Directors
Consent Calendar
Meeting of: October 3, 2023
Submitted By:

Fredy Bonilla, Acting City Engineer

Subject:

Notice of Completion – Guardrail Project
Recommendation:

That the Honorable City Council accept as complete and approve the Notice of Completion for Guardrail Project and authorize the City Manager to execute the Notice of Completion.

Fiscal Impact:

There is no fiscal impact associated with this item. Retention in the amount of five percent was withheld from each pay estimate during construction. Retention will be released after City Council approval and the recordation of the Notice of Completion. The retention account number, account description, and amount withheld are shown in the table below:

Budget Account
No. Fund Amount
275-20110-60129 HSIPL Grant $33,466.10
Total $33,466.10
Strategic Plan Goal:

This project aligns with Goal E in the Strategic Plan, “Invest in Infrastructure” by providing guardrail improvements at 13 locations across the city.

Background:

On December 6, 2022, the City Council awarded a construction contract to Danny C.

Hubbs Construction Inc., in the amount of $758,175.00. The contract was awarded for infrastructure improvements which included the reconstruction and construction of guardrail at 13 locations in Victorville. On July 18, 2023, the City Council approved a resolution to amend the Fiscal Year 2022-2023 budget to appropriate additional grant 3 3
1 0
funding from Caltrans to cover 100% of the construction contract cost, providing a total grant in the amount of $833,992.50.

Discussion:

The project was completed at a final contract price of $669,322.00, approximately 12% below the original contract amount. The leftover $164,670.50 of grant funding will be retained by Caltrans. The final inspection occurred on July 19, 2023, when the project was substantially completed. The one-year warranty on the improvements began the date the work was accepted as substantially complete. Per California Public Contract Code § 7107(c), within 60 days after the recordation of the Notice of Completion, the City can release the final retention monies withheld on this project, provided there are no claims or unreleased liens against the contract.

Staff recommends that the Honorable City Council accept as complete and approve the Notice of Completion for Guardrail Project and authorize the City Manager to execute the Notice of Completion.

Staff is available to answer any questions the Council may have.

Attachments: A. Location Map
B. Notice of Completion

ATTACHMENT A

ATTACHMENT B
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 All work of improvement on the property hereinafter described was COMPLETED JULY 19, 2023

4. The work of improvement completed is described as follows:

GUARDRAIL PROJECT (HSIPL-5380(038))

5. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is:

DANNY C. HUBBS CONSTRUCTION INC.

6. The street address of said property is MULTIPLE LOCATIONS IN VICTORVILLE

7. Assessor’s Parcel Number: N/A

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 , Keith C. Metzler, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the City Manager 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 Keith C. Metzler, City Manager

CITY OF VICTORVILLE
Item Number: 7
City Council / Board of Directors
Consent Calendar
Meeting of: October 3, 2023
Submitted By:

Sophie Smith, Deputy City Manager/City Treasurer

Subject:

Payroll Warrant List
Recommendation:

That the City Council and Board of Directors ratify Payroll Demand Schedule No. 2B for Payroll Period August 4, 2023, through August 18, 2023, in the amount of $2,007,155.52 covering Check Nos. 33641 through 33665, including Vendor checks. Please note employee Check No. 33648 has a live Check and an EFT Advice. Also included are Advice Nos. 304080 through 304605, per adopted budget for Fiscal Year 2023-2024 (period covering July 1, 2023, through June 30, 2024).

Fiscal Impact:

A total fiscal impact of $2,007,155.52 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 081823
Attachment A
Payroll Report PPE 081823
City of Victorville Council Payroll Report Page 1 of 14 08/30/2023 Total Net
$4,637.81
$3,590.61
$718.37
$3,298.16
$364.20
$364.20
$364.20
$1,493.78
$2,254.75
$243.79
$602.94
$232.17
$433.40
$297.53
$523.82
$591.65
$487.58
$270.88
$5.00
$50.00
$250.00
$500.00
$422.31
$175.00
$423.00
22,595.15
Checks
City of Victorville
City Council Payroll Report
Payroll Period Beginning: August 04, 2023 through August 18, 2023 Check Number Employee ID Check Date
33641 3585 08/16/2023
33642 3095 08/18/2023
33643 3466 08/25/2023
33644 3638 08/25/2023
33645 3310 08/25/2023
33646 3614 08/25/2023
33647 3556 08/25/2023
33648 2705 08/25/2023
33649 2753 08/25/2023
33650 3765 08/25/2023
33651 3815 08/25/2023
33652 3774 08/25/2023
33653 3664 08/25/2023
33654 3680 08/25/2023
33655 3783 08/25/2023
33656 3782 08/25/2023
33657 3776 08/25/2023
33658 3777 08/25/2023
33659 240 08/25/2023
33660 787 08/25/2023
33661 1182 08/25/2023
33662 7912 08/25/2023
33663 13491 08/25/2023
Checks Total
33664 18154 08/25/2023
33665 20821 08/25/2023
City of Victorville Council Payroll Report Page 2 of 14 08/30/2023 Check Number Employee ID Check Date Total Net
33648 2705 08/25/2023 $2,000.00
304080 3799 08/25/2023 $2,047.58
304081 3608 08/25/2023 $3,019.03
304082 1099 08/25/2023 $846.20
304083 3758 08/25/2023 $3,310.52
304084 3243 08/25/2023 $3,947.82
304085 2115 08/25/2023 $5,494.31
304086 3142 08/25/2023 $1,761.64
304087 3640 08/25/2023 $1,930.96
304088 3297 08/25/2023 $754.67
304089 3551 08/25/2023 $674.28
304090 3458 08/25/2023 $545.04
304091 3229 08/25/2023 $4,453.63
304092 3283 08/25/2023 $2,516.35
304093 1064 08/25/2023 $7,303.00
304094 3809 08/25/2023 $1,748.16
304095 3467 08/25/2023 $2,067.42
304096 3727 08/25/2023 $2,069.17
304097 1706 08/25/2023 $4,579.59
304098 2395 08/25/2023 $3,645.44
304099 3764 08/25/2023 $2,402.99
304100 3700 08/25/2023 $1,859.82
304101 3747 08/25/2023 $1,930.62
304102 3625 08/25/2023 $1,496.30
304103 2624 08/25/2023 $2,516.51
304104 3043 08/25/2023 $2,082.75
304105 3031 08/25/2023 $2,860.27
304106 1748 08/25/2023 $2,674.67
304107 3019 08/25/2023 $4,604.63
304108 3561 08/25/2023 $2,501.81
304109 1903 08/25/2023 $1,789.82
304110 3616 08/25/2023 $2,317.08
304111 3630 08/25/2023 $1,865.65
304112 3527 08/25/2023 $1,994.93
304113 2682 08/25/2023 $2,259.57
304114 2627 08/25/2023 $2,017.73
304115 2366 08/25/2023 $1,859.61
304116 3750 08/25/2023 $2,008.12
304117 2594 08/25/2023 $3,061.41
304118 3521 08/25/2023 $2,412.09
304119 3695 08/25/2023 $2,027.87
304120 2093 08/25/2023 $1,696.80
304121 3697 08/25/2023 $4,986.66
304122 1973 08/25/2023 $3,489.29
304123 2019 08/25/2023 $2,570.18
304124 3753 08/25/2023 $2,314.28
304125 3494 08/25/2023 $2,914.57
Advices
City of Victorville Council Payroll Report Page 3 of 14 08/30/2023 Check Number Employee ID Check Date Total Net
Advices
304126 2102 08/25/2023 $3,038.69
304127 2233 08/25/2023 $3,310.97
304128 3744 08/25/2023 $1,873.04
304129 2606 08/25/2023 $2,313.54
304130 3660 08/25/2023 $1,687.52
304131 3046 08/25/2023 $2,092.62
304132 1635 08/25/2023 $4,107.09
304133 3653 08/25/2023 $2,492.19
304134 3327 08/25/2023 $2,131.55
304135 3752 08/25/2023 $1,966.18
304136 3624 08/25/2023 $2,000.84
304137 3242 08/25/2023 $2,992.68
304138 2618 08/25/2023 $1,996.75
304139 3573 08/25/2023 $1,731.74
304140 2619 08/25/2023 $2,409.22
304141 2603 08/25/2023 $1,829.15
304142 2491 08/25/2023 $2,325.56
304143 2235 08/25/2023 $2,871.51
304144 2300 08/25/2023 $3,450.48
304145 3754 08/25/2023 $2,435.14
304146 2032 08/25/2023 $3,426.01
304147 3528 08/25/2023 $2,156.67
304148 3045 08/25/2023 $2,715.09
304149 3499 08/25/2023 $2,631.22
304150 3755 08/25/2023 $1,946.11
304151 3362 08/25/2023 $2,088.07
304152 2297 08/25/2023 $2,056.26
304153 2232 08/25/2023 $2,851.80
304154 1957 08/25/2023 $2,633.22
304155 3290 08/25/2023 $2,167.67
304156 3085 08/25/2023 $2,058.65
304157 3246 08/25/2023 $3,199.13
304158 2042 08/25/2023 $4,233.99
304159 3714 08/25/2023 $1,667.44
304160 3742 08/25/2023 $1,721.36
304161 2323 08/25/2023 $3,390.87
304162 1767 08/25/2023 $2,818.52
304163 3508 08/25/2023 $2,250.25
304164 3740 08/25/2023 $1,801.62
304165 2225 08/25/2023 $4,148.62
304166 3544 08/25/2023 $1,761.68
304167 3221 08/25/2023 $2,791.64
304168 1855 08/25/2023 $364.20
304169 3627 08/25/2023 $2,890.80
304170 3757 08/25/2023 $3,376.25
304171 1533 08/25/2023 $2,473.30
304172 2833 08/25/2023 $2,233.01
304173 2211 08/25/2023 $5,029.87
304174 3497 08/25/2023 $1,493.64
City of Victorville Council Payroll Report Page 4 of 14 08/30/2023 Check Number Employee ID Check Date Total Net
Advices
304175 1426 08/25/2023 $1,110.30
304176 3105 08/25/2023 $1,812.32
304177 3703 08/25/2023 $2,040.52
304178 2254 08/25/2023 $3,019.38
304179 3618 08/25/2023 $2,107.13
304180 3482 08/25/2023 $2,265.58
304181 3724 08/25/2023 $1,165.06
304182 3354 08/25/2023 $3,823.91
304183 3011 08/25/2023 $1,893.07
304184 3623 08/25/2023 $1,165.06
304185 3295 08/25/2023 $1,756.40
304186 3400 08/25/2023 $2,516.48
304187 3184 08/25/2023 $3,297.45
304188 3547 08/25/2023 $1,165.06
304189 3673 08/25/2023 $1,165.06
304190 3288 08/25/2023 $1,687.44
304191 3702 08/25/2023 $1,911.28
304192 2742 08/25/2023 $2,840.24
304193 3089 08/25/2023 $3,122.36
304194 3641 08/25/2023 $1,707.79
304195 2379 08/25/2023 $2,186.65
304196 3672 08/25/2023 $1,165.06
304197 3634 08/25/2023 $2,535.64
304198 2711 08/25/2023 $1,723.87
304199 3639 08/25/2023 $1,578.83
304200 3586 08/25/2023 $1,850.62
304201 3190 08/25/2023 $2,711.44
304202 2249 08/25/2023 $5,260.69
304203 3650 08/25/2023 $1,636.14
304204 3393 08/25/2023 $1,788.07
304205 3250 08/25/2023 $1,709.28
304206 3491 08/25/2023 $1,144.34
304207 3548 08/25/2023 $1,165.06
304208 3511 08/25/2023 $2,044.72
304209 3396 08/25/2023 $576.70
304210 3663 08/25/2023 $1,627.19
304211 3541 08/25/2023 $2,590.98
304212 2499 08/25/2023 $3,227.80
304213 3379 08/25/2023 $2,324.66
304214 3694 08/25/2023 $2,197.74
304215 3737 08/25/2023 $2,055.26
304216 2105 08/25/2023 $4,912.96
304217 3474 08/25/2023 $2,499.98
304218 2515 08/25/2023 $2,876.45
304219 3636 08/25/2023 $2,386.72
304220 2679 08/25/2023 $2,973.90
304221 3490 08/25/2023 $2,250.79
304222 3475 08/25/2023 $2,456.45
304223 2181 08/25/2023 $2,912.50
City of Victorville Council Payroll Report Page 5 of 14 08/30/2023 Check Number Employee ID Check Date Total Net
Advices
304224 3353 08/25/2023 $2,666.65
304225 3735 08/25/2023 $3,577.60
304226 3542 08/25/2023 $2,758.37
304227 3731 08/25/2023 $3,174.16
304228 1955 08/25/2023 $3,531.94
304229 1632 08/25/2023 $2,673.30
304230 3736 08/25/2023 $3,077.30
304231 3692 08/25/2023 $2,376.58
304232 3147 08/25/2023 $2,844.28
304233 3732 08/25/2023 $2,994.71
304234 3148 08/25/2023 $3,013.46
304235 3808 08/25/2023 $2,659.10
304236 3195 08/25/2023 $2,391.66
304237 3602 08/25/2023 $3,132.13
304238 3112 08/25/2023 $1,940.25
304239 1970 08/25/2023 $2,269.38
304240 1520 08/25/2023 $3,542.44
304241 2605 08/25/2023 $1,983.93
304242 3505 08/25/2023 $4,774.53
304243 2540 08/25/2023 $3,422.88
304244 2377 08/25/2023 $2,867.94
304245 1079 08/25/2023 $2,623.44
304246 2259 08/25/2023 $3,245.01
304247 2312 08/25/2023 $2,470.52
304248 3510 08/25/2023 $3,193.52
304249 3637 08/25/2023 $2,771.17
304250 1901 08/25/2023 $6,087.52
304251 3628 08/25/2023 $2,289.64
304252 3068 08/25/2023 $2,093.45
304253 3633 08/25/2023 $2,555.75
304254 3129 08/25/2023 $3,497.84
304255 1998 08/25/2023 $2,906.51
304256 2376 08/25/2023 $4,245.60
304257 2111 08/25/2023 $3,291.45
304258 3543 08/25/2023 $1,985.13
304259 3303 08/25/2023 $3,749.93
304260 3802 08/25/2023 $2,681.27
304261 3558 08/25/2023 $2,711.14
304262 1655 08/25/2023 $3,167.70
304263 3285 08/25/2023 $3,255.64
304264 1529 08/25/2023 $1,946.06
304265 3346 08/25/2023 $2,130.21
304266 1776 08/25/2023 $3,200.54
304267 3192 08/25/2023 $2,152.69
304268 2655 08/25/2023 $1,546.31
304269 3749 08/25/2023 $1,804.08
304270 2798 08/25/2023 $2,190.56
304271 2522 08/25/2023 $3,057.55
304272 3265 08/25/2023 $2,174.18
City of Victorville Council Payroll Report Page 6 of 14 08/30/2023 Check Number Employee ID Check Date Total Net
Advices
304273 1503 08/25/2023 $3,132.46
304274 2505 08/25/2023 $2,834.43
304275 3299 08/25/2023 $1,804.10
304276 3113 08/25/2023 $1,960.20
304277 1007 08/25/2023 $3,110.70
304278 3185 08/25/2023 $2,358.28
304279 3729 08/25/2023 $1,586.22
304280 2343 08/25/2023 $1,342.11
304281 3273 08/25/2023 $2,842.78
304282 3121 08/25/2023 $1,883.84
304283 1497 08/25/2023 $2,593.02
304284 3537 08/25/2023 $2,546.83
304285 2192 08/25/2023 $2,019.62
304286 3513 08/25/2023 $2,166.31
304287 3685 08/25/2023 $1,646.38
304288 2034 08/25/2023 $2,239.58
304289 2275 08/25/2023 $2,841.96
304290 3380 08/25/2023 $2,439.74
304291 3191 08/25/2023 $2,102.87
304292 3792 08/25/2023 $996.60
304293 3496 08/25/2023 $946.92
304294 3051 08/25/2023 $1,865.08
304295 1750 08/25/2023 $2,324.47
304296 2770 08/25/2023 $1,916.43
304297 2228 08/25/2023 $3,046.83
304298 3726 08/25/2023 $1,860.27
304299 3748 08/25/2023 $2,206.27
304300 3101 08/25/2023 $2,687.62
304301 3335 08/25/2023 $2,163.54
304302 3611 08/25/2023 $1,253.83
304303 1249 08/25/2023 $2,054.48
304304 3284 08/25/2023 $2,060.99
304305 3580 08/25/2023 $1,682.97
304306 3621 08/25/2023 $1,676.33
304307 3270 08/25/2023 $1,817.09
304308 2248 08/25/2023 $1,993.17
304309 3263 08/25/2023 $1,761.26
304310 3622 08/25/2023 $1,099.30
304311 3795 08/25/2023 $1,271.13
304312 1588 08/25/2023 $2,184.32
304313 3788 08/25/2023 $1,934.79
304314 2189 08/25/2023 $2,540.67
304315 3560 08/25/2023 $1,874.52
304316 3509 08/25/2023 $2,145.55
304317 3226 08/25/2023 $1,989.98
304318 3257 08/25/2023 $2,314.04
304319 1121 08/25/2023 $2,414.57
304320 3149 08/25/2023 $2,371.10
304321 1865 08/25/2023 $2,732.04
City of Victorville Council Payroll Report Page 7 of 14 08/30/2023 Check Number Employee ID Check Date Total Net
Advices
304322 3479 08/25/2023 $1,689.63
304323 3689 08/25/2023 $1,718.53
304324 1723 08/25/2023 $1,784.88
304325 3296 08/25/2023 $2,276.13
304326 3791 08/25/2023 $1,165.06
304327 3707 08/25/2023 $1,802.48
304328 3572 08/25/2023 $1,267.52
304329 2531 08/25/2023 $3,058.60
304330 1513 08/25/2023 $2,042.62
304331 2118 08/25/2023 $1,064.18
304332 3387 08/25/2023 $908.72
304333 3330 08/25/2023 $1,716.25
304334 2681 08/25/2023 $3,682.39
304335 2119 08/25/2023 $1,892.14
304336 1612 08/25/2023 $1,739.74
304337 1282 08/25/2023 $2,341.18
304338 3610 08/25/2023 $1,688.27
304339 3277 08/25/2023 $1,904.24
304340 3287 08/25/2023 $1,917.86
304341 3037 08/25/2023 $1,686.11
304342 1449 08/25/2023 $2,998.61
304343 3481 08/25/2023 $1,813.49
304344 2677 08/25/2023 $5,147.44
304345 3688 08/25/2023 $1,755.67
304346 3341 08/25/2023 $1,862.47
304347 1137 08/25/2023 $1,893.10
304348 3793 08/25/2023 $1,165.06
304349 2383 08/25/2023 $2,046.53
304350 3687 08/25/2023 $1,165.06
304351 3130 08/25/2023 $1,893.69
304352 2489 08/25/2023 $1,842.87
304353 3733 08/25/2023 $1,565.84
304354 3361 08/25/2023 $2,286.60
304355 3139 08/25/2023 $1,567.99
304356 2696 08/25/2023 $1,732.08
304357 1287 08/25/2023 $2,555.83
304358 3536 08/25/2023 $3,024.88
304359 3722 08/25/2023 $1,854.24
304360 1254 08/25/2023 $2,050.67
304361 3187 08/25/2023 $1,851.45
304362 3804 08/25/2023 $2,464.44
304363 2368 08/25/2023 $2,131.74
304364 3532 08/25/2023 $1,937.42
304365 3798 08/25/2023 $1,165.06
304366 3258 08/25/2023 $1,840.97
304367 3100 08/25/2023 $2,726.89
304368 3259 08/25/2023 $1,457.65
304369 3796 08/25/2023 $1,165.06
304370 3344 08/25/2023 $1,957.09
City of Victorville Council Payroll Report Page 8 of 14 08/30/2023 Check Number Employee ID Check Date Total Net
Advices
304371 1338 08/25/2023 $3,782.96
304372 3507 08/25/2023 $2,207.22
304373 3790 08/25/2023 $1,095.86
304374 1049 08/25/2023 $2,342.47
304375 1506 08/25/2023 $1,957.12
304376 1959 08/25/2023 $3,350.84
304377 3004 08/25/2023 $2,610.82
304378 1893 08/25/2023 $2,048.48
304379 3794 08/25/2023 $1,165.06
304380 3626 08/25/2023 $1,914.52
304381 1581 08/25/2023 $2,517.35
304382 1932 08/25/2023 $1,853.95
304383 3279 08/25/2023 $1,952.86
304384 3725 08/25/2023 $476.68
304385 2460 08/25/2023 $1,932.75
304386 3671 08/25/2023 $1,707.17
304387 2732 08/25/2023 $1,874.85
304388 3338 08/25/2023 $1,604.61
304389 2552 08/25/2023 $2,119.12
304390 2476 08/25/2023 $3,482.07
304391 2279 08/25/2023 $2,624.51
304392 3515 08/25/2023 $5,135.76
304393 3092 08/25/2023 $2,546.40
304394 3138 08/25/2023 $3,281.91
304395 3146 08/25/2023 $2,836.14
304396 2590 08/25/2023 $2,233.25
304397 2748 08/25/2023 $2,197.82
304398 3709 08/25/2023 $2,653.97
304399 2669 08/25/2023 $3,178.05
304400 2623 08/25/2023 $2,003.87
304401 2637 08/25/2023 $3,483.87
304402 2638 08/25/2023 $2,906.07
304403 3803 08/25/2023 $2,050.31
304404 3109 08/25/2023 $2,657.12
304405 2671 08/25/2023 $3,014.59
304406 2593 08/25/2023 $2,607.60
304407 3328 08/25/2023 $2,384.70
304408 3461 08/25/2023 $2,185.94
304409 2626 08/25/2023 $1,691.87
304410 3038 08/25/2023 $2,768.31
304411 3052 08/25/2023 $2,011.97
304412 2290 08/25/2023 $2,016.61
304413 3716 08/25/2023 $1,666.76
304414 3110 08/25/2023 $3,507.62
304415 2641 08/25/2023 $1,978.31
304416 2612 08/25/2023 $2,409.54
304417 3698 08/25/2023 $1,264.38
304418 2642 08/25/2023 $2,192.36
304419 3705 08/25/2023 $2,065.70
City of Victorville Council Payroll Report Page 9 of 14 08/30/2023 Check Number Employee ID Check Date Total Net
Advices
304420 3331 08/25/2023 $1,794.67
304421 2674 08/25/2023 $2,706.18
304422 3231 08/25/2023 $2,377.70
304423 3228 08/25/2023 $2,524.05
304424 2628 08/25/2023 $2,700.20
304425 3301 08/25/2023 $1,705.66
304426 2630 08/25/2023 $2,753.37
304427 3182 08/25/2023 $2,598.10
304428 2599 08/25/2023 $2,168.34
304429 2683 08/25/2023 $2,543.49
304430 2610 08/25/2023 $2,638.85
304431 3323 08/25/2023 $1,865.86
304432 1389 08/25/2023 $6,092.06
304433 3238 08/25/2023 $4,515.58
304434 3264 08/25/2023 $1,982.13
304435 2808 08/25/2023 $1,953.76
304436 2646 08/25/2023 $2,210.82
304437 3617 08/25/2023 $2,715.15
304438 2600 08/25/2023 $2,719.30
304439 2524 08/25/2023 $2,695.82
304440 2686 08/25/2023 $1,997.84
304441 2193 08/25/2023 $2,244.39
304442 3322 08/25/2023 $3,042.58
304443 3629 08/25/2023 $2,562.44
304444 3230 08/25/2023 $3,237.35
304445 1931 08/25/2023 $3,180.68
304446 2038 08/25/2023 $1,747.83
304447 2339 08/25/2023 $2,265.79
304448 2678 08/25/2023 $3,738.77
304449 3240 08/25/2023 $2,678.85
304450 3743 08/25/2023 $1,790.37
304451 3215 08/25/2023 $2,549.70
304452 3140 08/25/2023 $2,025.18
304453 3035 08/25/2023 $2,190.70
304454 3651 08/25/2023 $2,176.54
304455 3769 08/25/2023 $522.40
304456 1853 08/25/2023 $2,895.78
304457 3645 08/25/2023 $113.15
304458 3503 08/25/2023 $2,701.32
304459 3579 08/25/2023 $469.35
304460 3384 08/25/2023 $1,122.55
304461 3386 08/25/2023 $1,954.28
304462 2488 08/25/2023 $1,130.72
304463 3120 08/25/2023 $1,006.54
304464 3778 08/25/2023 $77.39
304465 3806 08/25/2023 $992.98
304466 3502 08/25/2023 $2,249.72
304467 3768 08/25/2023 $661.98
304468 3477 08/25/2023 $27.09
City of Victorville Council Payroll Report Page 10 of 14 08/30/2023 Check Number Employee ID Check Date Total Net
Advices
304469 3784 08/25/2023 $16.76
304470 3582 08/25/2023 $1,024.73
304471 3252 08/25/2023 $2,665.60
304472 3070 08/25/2023 $2,264.23
304473 3657 08/25/2023 $726.28
304474 3767 08/25/2023 $645.02
304475 1866 08/25/2023 $1,923.51
304476 3371 08/25/2023 $1,054.04
304477 3674 08/25/2023 $950.56
304478 3766 08/25/2023 $658.58
304479 3717 08/25/2023 $648.42
304480 3655 08/25/2023 $728.28
304481 3813 08/25/2023 $946.29
304482 3656 08/25/2023 $896.29
304483 3787 08/25/2023 $542.70
304484 3789 08/25/2023 $4,243.33
304485 3575 08/25/2023 $829.09
304486 3775 08/25/2023 $394.70
304487 2478 08/25/2023 $840.43
304488 3648 08/25/2023 $753.50
304489 3779 08/25/2023 $448.87
304490 3667 08/25/2023 $417.91
304491 3471 08/25/2023 $1,095.90
304492 3531 08/25/2023 $4,146.27
304493 3814 08/25/2023 $1,007.37
304494 3665 08/25/2023 $375.35
304495 3587 08/25/2023 $836.99
304496 3669 08/25/2023 $707.72
304497 3029 08/25/2023 $1,611.96
304498 3812 08/25/2023 $915.38
304499 3326 08/25/2023 $3,263.44
304500 3658 08/25/2023 $104.76
304501 3609 08/25/2023 $946.29
304502 3770 08/25/2023 $402.44
304503 3492 08/25/2023 $752.93
304504 3691 08/25/2023 $946.29
304505 3810 08/25/2023 $840.40
304506 3678 08/25/2023 $671.37
304507 3576 08/25/2023 $1,116.62
304508 3647 08/25/2023 $719.60
304509 3566 08/25/2023 $763.67
304510 3368 08/25/2023 $1,802.86
304511 2006 08/25/2023 $3,224.41
304512 3761 08/25/2023 $2,860.80
304513 2684 08/25/2023 $1,624.72
304514 3079 08/25/2023 $1,904.36
304515 1966 08/25/2023 $2,204.46
304516 3388 08/25/2023 $2,008.57
304517 2355 08/25/2023 $2,390.87
City of Victorville Council Payroll Report Page 11 of 14 08/30/2023 Check Number Employee ID Check Date Total Net
Advices
304518 3696 08/25/2023 $2,510.91
304519 3500 08/25/2023 $2,541.29
304520 3620 08/25/2023 $1,863.54
304521 3654 08/25/2023 $1,619.50
304522 2039 08/25/2023 $1,903.03
304523 3281 08/25/2023 $1,652.37
304524 3550 08/25/2023 $2,676.77
304525 2629 08/25/2023 $2,103.26
304526 3348 08/25/2023 $1,820.67
304527 3807 08/25/2023 $1,983.56
304528 3107 08/25/2023 $2,176.30
304529 3081 08/25/2023 $1,834.59
304530 3523 08/25/2023 $4,081.81
304531 3271 08/25/2023 $1,933.74
304532 3017 08/25/2023 $4,877.88
304533 3706 08/25/2023 $1,451.75
304534 3512 08/25/2023 $2,401.96
304535 2027 08/25/2023 $1,807.28
304536 2330 08/25/2023 $2,978.73
304537 2795 08/25/2023 $431.31
304538 3437 08/25/2023 $4,998.74
304539 3652 08/25/2023 $2,244.12
304540 3421 08/25/2023 $4,359.96
304541 3439 08/25/2023 $2,003.63
304542 3440 08/25/2023 $3,752.04
304543 3441 08/25/2023 $2,001.75
304544 3473 08/25/2023 $4,130.25
304545 3406 08/25/2023 $4,236.80
304546 3422 08/25/2023 $4,406.03
304547 3442 08/25/2023 $2,798.46
304548 3433 08/25/2023 $4,396.59
304549 3469 08/25/2023 $3,274.24
304550 3424 08/25/2023 $3,555.81
304551 3414 08/25/2023 $3,892.97
304552 3704 08/25/2023 $4,489.31
304553 3734 08/25/2023 $4,560.65
304554 3443 08/25/2023 $3,457.18
304555 3600 08/25/2023 $2,230.04
304556 3711 08/25/2023 $4,405.28
304557 3418 08/25/2023 $4,848.15
304558 3715 08/25/2023 $3,578.71
304559 3444 08/25/2023 $3,681.92
304560 3583 08/25/2023 $6,501.68
304561 3594 08/25/2023 $5,632.38
304562 1718 08/25/2023 $3,467.38
304563 3409 08/25/2023 $4,638.75
304564 3426 08/25/2023 $4,492.58
304565 3642 08/25/2023 $4,028.77
304566 3584 08/25/2023 $3,925.90
City of Victorville Council Payroll Report Page 12 of 14 08/30/2023 Check Number Employee ID Check Date Total Net
Advices
304567 3746 08/25/2023 $2,027.02
304568 3538 08/25/2023 $2,057.63
304569 3410 08/25/2023 $5,259.27
304570 3447 08/25/2023 $4,124.87
304571 3427 08/25/2023 $5,088.63
304572 3411 08/25/2023 $4,633.06
304573 3448 08/25/2023 $4,043.44
304574 3719 08/25/2023 $1,714.42
304575 3518 08/25/2023 $1,966.09
304576 3449 08/25/2023 $4,373.49
304577 3428 08/25/2023 $5,045.48
304578 3429 08/25/2023 $2,332.54
304579 3455 08/25/2023 $3,211.17
304580 3451 08/25/2023 $3,513.49
304581 3712 08/25/2023 $3,231.35
304582 3595 08/25/2023 $4,561.15
304583 3430 08/25/2023 $5,378.70
304584 3452 08/25/2023 $3,354.76
304585 3417 08/25/2023 $1,749.62
304586 3431 08/25/2023 $6,507.73
304587 3419 08/25/2023 $6,864.20
304588 3720 08/25/2023 $4,907.91
304589 3524 08/25/2023 $1,736.67
304590 3412 08/25/2023 $4,082.16
304591 3805 08/25/2023 $2,268.50
304592 3420 08/25/2023 $4,042.72
304593 3378 08/25/2023 $5,497.80
304594 3435 08/25/2023 $4,307.72
304595 3800 08/25/2023 $3,190.87
304596 3432 08/25/2023 $4,165.40
304597 3408 08/25/2023 $4,873.18
304598 3456 08/25/2023 $1,949.66
304599 3763 08/25/2023 $2,925.25
304600 3591 08/25/2023 $2,954.05
304601 3392 08/25/2023 $4,022.53
304602 2210 08/25/2023 $3,869.63
304603 3434 08/25/2023 $2,791.48
304604 3655 08/25/2023 $252.77
304605 3810 08/25/2023 $126.39
Advices Total 1,274,883.11
City of Victorville Council Payroll Report Page 13 of 14 08/30/2023 Check Date Total Gross
$212.45
$1,333.19
$128.44
$220,779.15
$130.45
$405.15
$60,448.30
$4,210.05
$375.00
$83,778.44
$278.72
$334,657.92
$2,940.00
Electronic Vendor Payments Total $709,677.26
8/18/2023
VV Firefighter's Union 8/24/2023
IRS
IRS
IRS
State Taxes
State Taxes 8/25/2023
8/25/2023
8/28/2023
8/30/2023
8/28/2023
Deferred Comp (457) 8/18/2023
Electronic Vendor Payments
8/11/2023
State Taxes
8/17/2023
8/21/2023
8/25/2023
8/11/2023
CASDU
Deferred Comp (401a)
PERS
Deferred Comp (457)
Vendor
IRS
City of Victorville Council Payroll Report Page 14 of 14 08/30/2023 Item Number: 8
City Council / Board of Directors
Consent Calendar
Meeting of: October 3, 2023
Submitted By:

Fredy Bonilla, Acting City Engineer

Subject:

Partial Release of the Faithful Performance Security for Case Nos. BLDC21- 00009/EROW21-00119
Recommendation:

That the Honorable City Council:
(1) Approve an 80-percent release of the Street Improvements Faithful Performance Security for case Nos. BLDC21-00009/EROW21-00182; and
(2) Accept the street improvements.

Fiscal Impact:

There is no fiscal impact associated with this item.

Strategic Plan Goal:

This item aligns with “Goal E Invest in Infrastructure” in the City of Victorville Strategic Plan 2023-2026. Although this is not a Capital Improvement Project, we apply the same strategy to private development projects as they are essential in meeting the community’s needs.

Background:

Case Nos. BLDC21-00009/EROW21-00182 are for the construction of an 816,300 square foot warehouse at the southwest corner of Phantom West and Nevada Street within Southern California Logistics Airport (SCLA). The Developer, Prologis SCLC Investments/Lot 19 LLC, was required to complete street improvements per the conditions of approval. As a public improvement, the Developer provided bonds as security for the required pavement widening, curb & gutter, sidewalk, and drainage improvements on Phantom West and Nevada Street.
3 3
1 7
Discussion:

The Developer has completed the street and drainage improvements and has passed all inspections. At this time, an 80-percent release of the Faithful Performance security is recommended, and that the City accept and maintain the street and drainage improvements. Per Victorville Municipal Code Section 17.64.070(4), the remaining 20- percent of the Faithful Performance security are to be held for a one-year warranty period and the Labor & Materials security will be held for a 6-month period.

Staff appreciate Prologis SCLC, as a great development partner. In addition to completing the required street improvements, Prologis, Inc., completed a slurry-seal of Phantom West from curb to curb along the entire frontage.

Staff is available to answer any questions Council may have.

Attachments: A. Vicinity Map
B. Security Tables
C. Existing Securities

Attachment A
Vicinity Map

Attachment B
Security Tables

Security Tables

Developer:

Prologis SCLC Investments/Lot 19 LLC
3546 Concours Street, Suite 100
Ontario, California 91764
Faithful Performance Security
Street Improvements – 9395350
Labor & Materials Security
Street Improvements – 9395350
Amount of ORIGINAL Security: $233,281.00 Amount of ORIGINAL Security: $106,950.41 Amount of Security CURRENTLY: $233,281.00 Amount of Security CURRENTLY: $106,950.41 Amount of Security being REDUCED: $186,624.80 Amount of Security being REDUCED: $0.00 Amount of Security REMAINING: $46,656.20 Amount of Security REMAINING: $106,950.41

Attachment C
Existing Securities

Item Number: 9
City Council / Board of Directors
Consent Calendar
Meeting of: October 3, 2023
Submitted By:

Fredy Bonilla, Acting City Engineer

Subject:

Notice of Completion – Green Tree Boulevard Extension
Recommendation:

That the Honorable City Council accept as complete and approve the Notice of Completion for Green Tree Boulevard Extension Project and authorize the City Manager to execute the Notice of Completion.

Fiscal Impact:

Budget Account
No. Fund Amount
270-20110-60013 State Grant $47,535.30
352-20110-60013 SBCTA $520,012.62
410-20110-60013 Water $55,107.11
275-20110-60013 Federal Grant $1,045,202.57
Total $1,667,857.60
Strategic Plan Goal:

This project aligns with Goal E in the Strategic Plan, “Invest in Infrastructure” by providing road and bridge improvements that improved accessibility and mobility across the Burlington Northern Railroad tracks.

Background:

On March 16, 2021, the City Council awarded a construction contract to Skanska USA Civil West California District, Inc., in the amount of $33,691,380.00. The contract was 3 3
1 8
awarded for infrastructure improvements which included the construction of the Green Tree Boulevard bridge over the Burlington Northern Railroad tracks and Santa Fe Wash.

The work further included the construction of Green Tree Boulevard from Hesperia Road to Yates Road in the County of San Bernardino, two signalized intersections at Hesperia Road and Ridgecrest Road, water line and storm drain systems.

Discussion:

The project was completed at a final contract price of $33,357,152.06, approximately 1% below the original contract amount. The final inspection occurred on June 13, 2023, when the project was substantially completed. The one-year warranty on the improvements began the date the work was accepted as substantially complete. Per California Public Contract Code § 7107(c), within 60 days after the recordation of the Notice of Completion, the City can release the final retention monies withheld on this project, provided there are no claims or unreleased liens against the contract.

Staff recommends that the City Council accept as complete and approve the Notice of Completion for Green Tree Boulevard Extension Project and authorize the City Manager to execute the Notice of Completion.

Staff is available to answer any questions the Council may have.

Attachments: A. Location Map
B. Notice of Completion

ATTACHMENT A

ATTACHMENT B
RECORDING REQUESTED BY:

CITY OF VICTORVILLE

WHEN RECORDED MAIL TO:

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

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 All work of improvement on the property hereinafter described was COMPLETED June 13, 2023

4. The work of improvement completed is described as follows:

GREEN TREE BOULEVARD EXTENSION, PROJECT BM021-064

5. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is:

SKANSKA USA CIVIL WEST CALIFORNIA DISTRICT INC.

6. The street address of said property is GREEN TREE BOULEVARD

7. Assessor’s Parcel Number: N/A

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

at Victorville, California.

Date Keith C. Metzler, City Manager

CITY OF VICTORVILLE
Item Number: 10
City Council / Board of Directors
Consent Calendar
Meeting of: October 3, 2023
Submitted By:

William Racowschi, Fire Chief

Subject:

Fire Department Newsletter
Recommendation:

That the Honorable Council review and file the attached Fire Department Newsletter.

Fiscal Impact:

There is no fiscal impact associated with this item.

Strategic Plan Goal:

This item aligns with Strategic Plan Goal F, "Communication and Outreach - Build strong connections with community partners, residents, and employees". We hope to provide more insight to our community of what our Fire Department accomplishes in a monthly basis by presenting this newsletter.

Background:

Staff has compiled the attached Fire Department Newsletter for the month of July and August 2023.

Discussion:

The attached Fire Department Newsletter includes call response statistics, Fire Prevention updates, department activity updates and various helpful information from the department. These reports will be presented in a monthly basis to the Council moving forward.

Attachments: A. Fire Department Newsletter

Attachment A
Fire Department Newsletter

MESSAGE FROM THEAPPARATUS COMMITTEE
I am excited to announce that this week, the first of
the Engines is headed to Johnson’s to begin the
process of radio installation. ME315 will be making the trip on August 24th and will be first up for equipment
mounting when South Coast is ready to receive it. In
consultation with our fleet mechanics, ME315 is the
priority and is the reason it’s headed down first. If all goes well, we will be riding with pride in the next 45- 60 days! Thank you to everyone that has contributed
and helped with this project, we’re almost there!
The new Fire Engines are in the city after completing
their trip from Wisconsin. Currently, the Engines are
awaiting radio installation, cradle points, and
mounting of equipment. This will occur at Johnson’s
and South Coast respectively. We are in line for this to happen and are getting closer every day to having
them on the road.

Department Newsletter
-Engineer Carlos Torres
Volume 5. July - August 2023
David VegaEMS Specialist

DEPARTMENT INCIDENT RESPONSE STATISTICS
JULY 2023
TOTAL
FIRE
EMS/
RESCUE
MISC.
2,426
336 14%
1,901 78%
189 8%
TOTAL
FIRE
EMS/
RESCUE
MISC.
2,388
278
1,874
175
A response indicates the total
number of VFD apparatus that were
dispatched to any given incident.

Some incidents, depending on the
nature and complexity, may require
more than one unit to be dispatched
to the same 9-1-1 call. These
statistics indicate the number of
responses a VFD piece of apparatus
was dispatched and had wheels
rolling to the incident.

Definition of a Response
2 STATISTICS
EMS Division
AUGUST 2023

INCIDENT RESPONSE STATISTICS
80%
12%
8%
As the day went on, we learned of four
separate events.

Hello VFD, where have two-plus months,
and most of Summer, gone? Does not seem
that long ago, July 5, that I came back for
my second stint as your Interim Fire Chief.

As I am writing this, it’s September 11… I was
going to write about what has been
happening these past weeks, but upon
reflection, I think I am going to just write
about that day back in 2001…
I remember clearly where I was when I
received the phone call from my wife telling
me about “…a plane hit one of the World
Trade Center Towers in New York…” and I
thought “…well, it has happened before…”;
on July 28, 1945, a B-25 bomber hit between
the 78th and 80th floors of the Empire State
Building in a fog; … “and the FDNY is a large
enough department to deploy the
resources needed to put out the fire”. Was I
mistaken…
I had no idea it was a United Airlines
commercial airliner, intentionally flown into
one of the Towers.
3 fromA MessageA MessageA Message
Your Fire ChiefYour Fire ChiefYour Fire Chief
A second airliner hit the other Tower,
another was flown into the Pentagon, and
the last, destined for the US Capitol
Building, ended up crashing into a field in
Pennsylvania due to the heroism of the
passengers.

Approximately 3000 people lost their lives
that day.

The total included 343 firefighters, including
the Chief of Department and personnel of
all ranks and assignments.

Let us remember this day and those who
went towards the danger.

WWNF- We Will Never Forget…
Please be careful out there and watch for
one another.

Prout to be your Chief,
Willie.

MT 311 attended Cobalt Institute’s9/11 Memorial Event

GO WORLD

EXCHANGE

STATION
TOUR 08/01
8/01 – FS311 – Truck COV Kid’s Club Summer Camp, Admin
8/03 – COV Bring your Child to work Day (Karem, Stephanie, Bobby) 8/14 -FS314 Lomitas Back to School Bash
8/26 – FS314 Station Tour – Educational & Behavioral
8/30 – Lakeview Leadership Academy – Back to School Night Event EVENTS

SEPTEMBER
9/02 – Home Depot Safety Kids Club
Event
9/08 – FS315 – SB County Pre-school
Socialization Tour
9/10 – Sunrise Church – Honoring
First Responders
AUGUST

N A T I O N A L N I G H T O U T

ADMIN UPDATEAUG - SEPT
Admin has been working on an updated Procedure Manual
and will soon provide a presentation to the Floor Crew!

RECRUITMENTS
Administrative Secretary - In review with HR
Fire Engineer - Testing completed August 22nd
and 23rd
COV Bring your child to work day!
FS 315 ON AUGUST 1ST
Fall Festival Fall Festival
October 7thOctober 7th
1pm - 7pm1pm - 7pm
4 EMSUpdate
Governor Newsom has appointed Liz Basnett as Director of the Emergency Medical Services Authority (EMSA). Liz Basnett has been the acting Director for EMSA since 2021 and has an excellent working knowledge of emergency response and disaster
management. Liz Basnett has worked closely with Cal Chiefs, supporting the Fire/EMS operational model and state-wide goals.

Liz Basnett has been a great mediator between the hospital associations, physician associations, and EMS. Cal Chief's EMS section is excited about her appointment.
5 Last month, the VFD EMS Manager and EMS
Specialist participated in ImageTrend training in St.

Paul, Minnesota. This week-long training included
report writing, analytical review and reporting, CQI,
local and state reporting requirements, and National
Fire Incident Reporting Systems (NFIRS). This
conference allowed networking with fire agencies
nationwide while building relationships with our San
Bernardino and Riverside County professional
firefighter partners. The EMS Division would like to
thank our city leadership and Fire Chief for allowing
this great opportunity!
Our department's CQI program is in full effect. David
Vega, EMS Specialist, has spearheaded this project and
will soon provide City Management and Fire Chiefs with
department performance reports and analytical and
statistical data. These reports are generated
continuously and focus on department overview and
EMS benchmarks. Once we transition NFIRS into
ImageTrend, we will start providing data and
performance within NFIRS. Mr. Vega has already begun
training our staff with our ePCR documentation
standards.

EMS
A Trauma Center is coming to the High Desert! Over the past year, St. Mary Medical Center has been working with the state, ICEMA, and Arrowhead Regional Medical Center to achieve Trauma Receiving Center status, and last month, ICEMA
announced they have been accepted to be a Level IV Trauma Center. A Level IV Trauma Center, according to the American College of Surgeons (2022), is a Trauma Center that has demonstrated the ability to provide advanced trauma life support (ATLS) with resuscitation and stabilization before transferring to a higher-level trauma center. Here are some elements that they will be providing: trained trauma
physicians, dedicated trauma nurses, part-time surgical critical-care services, transfer agreements to level I and II trauma centers, a comprehensive quality improvement (CQI) program, and an active outreach program in the community.

ICEMA and St. Mary Medical Center leadership stated that the long-term goal is to become a Level II Trauma Center.
6 On August 2nd, the EMS Division was invited to present at St. Mary Medical Center's yearly Stroke and STEMI
conference. Two cases were presented. Our first case
was a hemorrhagic Stroke cared for by FF/PM Moreno,
FF/Engineer Zamora, and Captain/PM Sutton. FF/PM
Moreno and her crew quickly identified Cushing’s Triad
and transported this patient via air to a Comprehensive Stroke Center. The patient was diagnosed with an
Intracerebral and Intraventricular Hemorrhage with a
15-16 mm herniation. The patient, unfortunately, passed away from this condition.

The second case presented was a heart attack (STEMI) patient cared for by FF/PM Wallace, FFPM/Engineer Carmean, and Captain/PM Lynch. This patient was identified to have an Inferior Myocardial Infarction (MI) and diagnosed at St.

Mary as having a 99% stenosis (narrowing) to the Right Coronary Artery. The Patient underwent mechanical thrombectomy balloon angioplasty with 100% reperfusion. The patient was discharged home alive after two days. Great job to our team for identifying life-threatening medical emergencies and optimizing the EMS system to achieve the best possible outcomes for our community.

A journal published by Charbonney et al. (2019), summarized and reviewed current clinical cadaver and animal model observational studies as they relate to current ventilation strategies during prolonged Cardiopulmonary Resuscitation (CPR) using a LUCAS 2 along with a review of airway pressures and ventilation monitored by capnography. It was identified that Bag Valve Masks (BVM) with Positive End-Expiratory Pressures (PEEP) produced better alveolar opening than the group using no PEEP valve.

SCIENCESCIENCESTEVE’SSTEVE’S
7 Monthly Fun Fact
The application of PEEP to maintain airway patency permits the transmission of pressure gradients produced by chest wall recoil during chest compressions. Using 5 cmH20 of PEEP improved alveolar closure (<30% compared to 60% without PEEP).

In conclusion, PEEP after intubation during chest compression consistently maintains airway patency, increasing the airway opening index and enhancing alveolar ventilation produced by continuous chest compression seen with the LUCAS 2 device.
https://rc.rcjournal.com/content/64/9/1132

PEEP NO PEEP
My name is Stephanie, and I am the Permit
Technician for the Fire Prevention Division. I
have been with the Fire Department for about 6
months now and I truly enjoy working here.

Some of my job duties include issuing new
construction permits, burn permits and special
event permits as well as assisting the Fire
Inspectors with scheduling inspections. If
anyone has any questions regarding Prevention,
please feel free to reach out to me.

My name is Martha Carias and I’m a Permit Technician
for both Fire and Building Departments. With Fire
Prevention, I help assist with processing permits for
new construction projects, assist with scheduling
inspections such as annuals, Certificate of Occupancy,
Knox Box, New Construction, and more. With the
Building Department, I also process permits for
residents or commercial sites, assist with helping the
community while attending the counter, and much
more. With the city growing, many are in need with
assistance from both departments and helping ensure
that they receive the help needed is all I hope to give.

Fun Fact: In 2018, I graduated from the
Correctional Officer Academy.

Permit Tech: Stephanie Landa
Fun fact: I graduated with a Bachelor’s Degree in Landscape Architecture while attending California State Polytechnic University, Pomona

PREVENTION TEAMPREVENTION TEAMPREVENTION TEAM
Meet Your
Permit Tech: Martha Carias
8 A fun fact about me is that I can play multiple instruments, just not well.

Fire Inspector: Rudy Alcarez
I had the privilege of wearing different hats in various fire departments, each experience contributing
uniquely to my skill set. My time as a Firefighter with the City of La Habra Heights and Boeing Huntington Beach
provided me with invaluable hands-on experience,
exposing me to the dynamics of fire suppression and
emergency response.

With new insights gained, I transitioned my career
towards fire prevention. I proudly serve as a Fire
Inspector with the City of Victorville, a role I have held for over a year. In this capacity, I am entrusted with the Continued
responsibility of evaluating structures, facilities, and public spaces to ensure they meet the highest standards of fire safety. Working within the Victorville Fire Department has been an incredible privilege, allowing me to contribute to the safety and well-being of a diverse and thriving community. While I continue to excel in my current role, I am wholeheartedly committed to seeking out new avenues for growth and learning.

Hey there! I'm Uriel Sanchez, a Fire Inspector for the
City of Victorville Fire Department, dedicated to
ensuring the safety and well-being of our community.

I'm thrilled to announce that I've recently embarked on this exciting journey, stepping into the role of Fire
Inspector in June of 2023.

My journey in the fire industry began in 2007 when I
took on the role of a fire sprinkler systems designer.

Over the years, I've honed my expertise and deepened
my understanding of fire safety, evolving from
designing systems to inspecting them.

Fire Inspector: Uriel Sanchez
Joining the Victorville Fire Department has been a dream come true. It's an incredible opportunity for me to contribute my years of experience and knowledge to our dedicated team and the larger community we serve.

Fun Fact: My family and I share the love for theme parks. 9 OCTOBER 8TH - 14TH
Fire Prevention will beset up at the FallFestival booth forNational Fire Prevention Week! Current Inspections for FY 23-24
Prevention UpdatePrevention Update
10 716716
Comfort Suites
SCLA Homeless Shelter
DD’s Discounts
AVID Hotel
99 Cent Store
Fire Watch List:

Fire Inspectors Rudy Alcarez and Uriel Sanchez
conducted a thorough inspection and made necessary
preparations for the Bonfire event held at Victor
Valley High School. The ME311 team promptly arrived
and provided valuable support to the prevention
team, assisted the high school in igniting the fire and successfully extinguishing the fire.

On August 22nd, over sixty-five City staff who are assigned to assist in the Emergency Operations Center (EOC), received training on the City’s draft Emergency Operations Plan (EOP). The training included specific materials related to emergencies in the City as well as a review of the Incident Command System (ICS). Staff were also treated to a lunch provided by the City. The training brought together all the staff who hold positions within the EOC to enhance their knowledge of the City’s emergency response capabilities and responsibilities. This training is intended to build a foundation for the future Training and Exercise Plan (TEP) for the City’s EOC responders.
emergency management
-Dana Wellborn
11 GLOSSARY
ME 311
MT 311
MS 311
BE 311
ME 312
BE 314
ME 313
ME 314
MT 314
MS 315
OES 6315

OF FI RE TERMS
Medic Engine 311
Medic Truck 311
Medic Squad 311
Brush Engine 311
Medic Engine 312
Brush Engine 314
Medic Engine 313
Medic Engine 314
Medic Truck 314
Medic Squad 315
State owned Type III
Structure Side Designation
The Incident Commander (IC)
designates which side of a structure
will be the Alpha side on an
incident. Normally this is the front
of the building facing the street.

Once the Alpha side is identified the
corresponding letters will go
clockwise around the structure.

BC 4312
BC 4310
BC 4311
A shift
Battalion Chief Roach
B shift
Battalion Chief Baladez
C shift
Battalion Chief Washington
DC 4301 Deputy Chief Clemmer
FC 4300 Fire Chief Racowschi
Fire Terms
EMS Terms
ICEMA
BLS
ALS
AHA
EMT
Fire Investigation Unit
Incident Commander
Rapid Intervention Crew
Tactical Radio Frequency
FIU
IC
RIC
TAC
Supply LIne - Hose connected to
hydrant.

Deffensive - Exterior Firefighter,
no one goes into structure.

Overhaul - Making sure fire is
out.

Inland Counties Emergency
Medical Agency
Basic Life Support
Advanced Life Support
American Heart Association
Emergency Medical Tech.

Address side of home
Bravo (B)Side Delta (D)Side
Charlie (C) Side
Alpha (A) Side
12 SIGNIFICANT
Incidents August 2023
August 29, 2023 Structure Fire - Subway Personnel: 18
MT311 responded to Barstow to assist with
Commercial Structure Fire. BC4310 responded as
A-Rep, 4612 covered duty.

Units released after approx 2 hours.
13 Barstow, Ca

SIGNIFICANT
Incidents August 2023
July 21, 2023 Vegetation Fire Personnel: UNK
14 ME314 and OES6315 dispatched to a vegetation fire in Hesperia at HWY 395 and I-15. ME314 assigned Division M (north flank, head of the fire) at Joshua/395. Division M held fire from jumping roadway. Fire estimated at 75 acres at the time of resources being released.

BC4310 - RoachSBCFD Cal Fire

APPLEVALLEYFIRE
We extend our gratitude to the Apple
Valley Fire Protection District for
graciously permitting us to join a roof
cutting exercise in June of this year, just
before the HWY 18's structure’s
demolition. Our dedicated crews had
the opportunity to practice alongside
San Bernardino County Fire and Cal Fire.

Thank you!
15 Item Number: 11
City Council / Board of Directors
Written Communications
Meeting of: October 3, 2023
Submitted By:

Scott Webb, City Planner

Subject:

Wellness Center Project – Award of Contract with Apple Valley Communications Inc. for Low Voltage Contractor Services
Recommendation:

That the Honorable City Council approve a low voltage construction contract with Apple Valley Communications Inc. in an amount not to exceed $1,323,485 for the furnishing, delivery and installation of a data network wire/cabling system, paging communications system, access control card reader system, intrusion alarm system and video surveillance system throughout the Wellness Center Campus.

Fiscal Impact:

This action will result in a fiscal impact of $1,323,485. An additional appropriation is not required. The low voltage construction contract discussed in this staff report would be funded by American Rescue Plan Act (ARPA) funding available for capital projects. There are sufficient funds available from ARPA to cover the capital expenses for this contract.

Please refer to the budget account number and funding source shown below:

Account No. Funding Source
2770010-55000-97063 ARPA (Capital)
To date, prior to this City Council Meeting Agenda, contracts and purchases totaling an estimated $40,603,523.83 have been approved for this Wellness Center project. Taking this action in accordance with the staff recommendation for this item will increase total contracts and purchases to an estimated $41,927,008.83. Capital funding sources for the overall Wellness Center Project have come from Homeless, Housing, Assistance and Prevention (HHAP), ARPA, Permanent Local Housing Allocation (PLHA) and Community Development Block Grant (CDBG). Use of the ARPA funds for this contract is consistent with the funding plan approved by the City Council on July 20, 2021, and authorization granted to the City Manager to reallocate ARPA funds among funding categories. 3 3
2 1
Strategic Plan Goal:

This item aligns with Goal D in the 2023 Strategic Plan, “Reduce Homelessness”.

Completion of the Wellness Center continues to be the City’s priority project for working to reduce homelessness through the provision of shelter and wraparound services.

Background:

In April 2022, construction on the Wellness Center campus commenced. This 4.5-acre campus, located at 16902 First Street, will provide 170 shelter beds and a wide range of programs and supportive wraparound services to homeless individuals and families.

Barring any future delays, the Wellness Center is expected to open for operations in December of 2023.

The Wellness Center was originally envisioned within the City’s 2019 Homelessness Solutions Strategic Action Plan, which includes a primary goal of establishing enhanced shelter operations, and was later spurred by the award of $28 million in Homekey funds from the California Department of Housing and Urban Development (HCD) on December 15, 2021. The Homekey grant initially required the construction of the project to be completed within one year of award, by December 15, 2022. However, HCD has since granted the City time extensions through October 19, 2023 for substantial construction completion and January 17, 2024 for occupancy.

Due to the original accelerated timing requirements of the Homekey grant, the City initiated a phased approach to the construction of the Wellness Center campus that allowed construction to start before all the construction plans were finalized. Although the main low voltage conduits for fiberoptic and other communication wiring/cabling have been installed during construction, the main finishing work of the low voltage improvements were not included in prior construction contract awards due to the incomplete status of the low voltage phans at that time.

Discussion:

The scope of work for the low voltage electrical project requires that the contractor furnish, deliver and install the following throughout the Wellness Center campus:
•Data network and network wire/cabling system;
•Paging communications system;
•Card access control system;
•Intrusion alarm system; and
•Video surveillance system.

The above-mentioned systems have been designed to be compatible with existing systems the City is already using in other public facilities. These low voltage amenities, security measures and communication improvements will become an integral part of the efficient and effective operations of the facility.
3 3
2 1
In accordance with Section 2.28.210 of the Victorville Municipal Code, staff completed a Request for Bids (RFB) to solicit qualified contractors for the project. The RFB was advertised for a period of three weeks with a mandatory pre-bid meeting at the job site occurring on September 11, 2023. Bid submissions were due and opened on September 21, 2023. Two bid submittals were received, Apple Valley Communications Inc. and IREX, with Apple Valley Communications Inc. submitting the lowest bid at $1,323,485.

Further, after reviewing the two bid submittals, it is determined that IREX was non- responsive to the bid solicitation as their bid submittal was missing a bid bond, executed federal documentation, and a completed Contractor Qualification form which tells us their past projects similar to this one. Apple Valley Communications, Inc. has turned in a responsive bid as they have executed and provided all the required documentation.

If awarded, the term of the proposed contract is set at 35 working days, and staff hopes to have the entire scope of work completed prior to the end of this calendar year. This low voltage electrical scope of work does not need to be complete prior to a substantial completion of construction determination by HCD, but is needed prior to operations of the facility.

Staff recommends that the City Council approve the proposed low voltage construction contract with Apple Valley Communications Inc. in an amount not to exceed $1,323,485 for the furnishing, delivery and installation of a data network wire/cabling system, paging communications system, access control card reader system, intrusion alarm system and video surveillance system throughout the Wellness Center Campus.

Attachments:

A. Wellness Center Construction Contract for Low Voltage Contractor Services ATTACHMENT “A”
1/Construction Contract/Apple Valley Communication, Inc./Project JM024-028

CONSTRUCTION CONTRACT BY AND BETWEEN

THE CITY OF VICTORVILLE AND
APPLE VALLEY COMMUNICATION, INC.

FOR

WELLNESS CENTER LOW VOLTAGE CONTRACTOR SERVICES,
CITY PROJECT JM024-028
THIS CONSTRUCTION CONTRACT (the “Contract”) dated_______________for reference purposes only, is made and entered into by and between the City of Victorville, a municipal corporation and charter city located in the County of San Bernardino, State of California, hereinafter referred to as the “City”, and Apple Valley Communications, Inc., a California corporation hereinafter referred to as the “Contractor”. The City and Contractor are sometimes hereinafter referred to as a “Party” and collectively referred to as the “Parties.” RECITALS:

WHEREAS, the City requires Wellness Center Low Voltage Contractor Services, as more fully described in the solicitation documents issued by the City for Project No. JM024-028 (the “Project”); and
WHEREAS, on August 29, 2023, the City issued a Notice Inviting Bids and solicitation documents to prospective bidders for the Project. In response, Contractor submitted a Bid which the City determined to be the lowest responsive and responsible bid; and
WHEREAS, Contractor is a duly organized corporation in good standing in the State of California, and represents that it has the background, knowledge, experience, expertise and resources to perform the Work as specified in the Contract Documents, including the furnishing of all labor, materials, equipment, and services (the “Work”) and other obligations encompassed by this Contract; and
WHEREAS, at its meeting held on October 3, 2023,
the Victorville City Council duly
accepted Contractor’s Bid for the Project and directed that a written agreement for the Project be entered into with Contractor; and
WHEREAS, in light of the facts set forth above and the certifications made by Contractor as part of its Bid, the City desires to retain Contractor to perform the construction Work for the Project as set forth in this Contract and in the Contract Documents, as hereinafter described.

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

PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES HERETO AGREE AS FOLLOWS:
2/Construction Contract/Apple Valley Communication, Inc./Project JM024-028 Section 1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Contract by this reference, as though set forth herein.

Section 2. CONTRACT DOCUMENTS; ORDER OF PRECEDENCE
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 complementary; what is called for in one is binding as if called for in all, and together constitute Contractor’s performance obligations:
(1) Change Orders and supplemental agreements issued and approved by the City; whichever occurs first;
(2) The executed Contract and its attached Exhibits, subject to the limitations in Sections 9 and 20 with respect to Exhibit “A” (Contractor’s submitted Bid Proposal as accepted by the City);
(3) Bid Addenda issued by the City;
(4) Notice Inviting Bids and Instructions to Bidders;
(5) Technical Specifications/Scope of Work (Bid Package Section C); (6) Plans;
(7) Federal Requirements and Federal Forms (Bid Package Section B); (8) Special Provisions;
(9) Greenbook 2021 Edition
(10) City of Victorville Standard Specifications for Public Improvements; (11) Bid Forms (Bid Package Section D);
(12) Faithful Performance Bond;
(13) Payment Bond.
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 a. above shall control.
c. Definitions. Unless specifically defined or assigned a meaning in this Contract, or the context clearly indicates otherwise, capitalized terms herein shall have the meaning assigned to them in the “Definitions” section of the Instructions to Bidders document.

Section 3. CONTRACTOR’S OBLIGATIONS
Contractor will perform all of the Work requi red for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work in a professional and expeditious manner and to meet or exceed the 3/Construction Contract/Apple Valley Communication, Inc./Project JM024-028 performance standards required by the Contract Documents, and to the satisfaction of Jenele Davidson, Deputy City Manager, or her designee (hereinafter the “Project Manager”).

Section 4. CONTRACT PRICE; PAYMENT AND RETENTION
a. A s full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor One Million Three Hundred Twenty-three Thousand Four Hundred Eighty-five and 00/100 DOLLARS, ($1,323,485.00) (the “Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with Contractor’s Bid Proposal (attached hereto as Exhibit “A”) subject to the provisions of this Contract and the Contract Documents.
b. Procedures relating to payment and retention are set forth in the Special Provisions.

Section 5. CONTRACT TIME; NOTICE TO PROCEED
a. Contract Time. The Work under this Agreement shall be diligently prosecuted to completion before expiration of Thirty-five (35) WORKING DAYS, commencing within Seven (7) calendar days after the issuance of the Notice to Proceed. The City will not issue a Notice to Proceed to the Contractor until this Contract, including bonds and insurance documents, have been executed and/or approved by the City.
b. 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 and as directed by the City in the Notice to Proceed, and diligently execute the same to completion within the Contract Time.

Section 6. DISPUTE RESOLUTION AND CLAIMS PROCEDURES
a. Public Contract Code Section 9204. For purposes of any Public Works Claims filed by a Contractor or Subcontractor (as those terms are defined in Public Contract Code Section 9204) under this Contract, the claims procedures in Public Contract Code Section 9204 (“Section 9204”) and the provisions of this Section shall apply. Public Contract Code Section 9204 is set forth in full in Section 2-10 of the Special Provisions. (1) In the event of a Section 9204 Public Works Claim, Contractor may not stop working pending resolution of the dispute but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work during the Section 9204 process.
4/Construction Contract/Apple Valley Communication, Inc./Project JM024-028 (2) Any Public Works Claims not resolved by the Section 9204 procedures (and/or any tort claims) shall be subject to Section 2.24.020 of the Victorville Municipal Code (“VMC”) and the provisions of the Government Claims Act (Government Code section 810 et seq.).
b. For disputes or claims that do not constitute Public Works Claims, City and Contractor agree to comply with the following process:
(1) Each Party shall designate a senior management or executive level representative to negotiate any dispute.
(2) The representatives shall attempt, through good faith negotiations, to resolve the dispute by any means within their authority.
(3) If the issue remains unresolved after ten (10) days of good faith negotiations, the Parties shall attempt to resolve the disagreement by negotiation between the legal counsel for each Party. If the above process fails, the Parties may mutually agree to engage in non -binding mediation or arbitration in which the Parties equally share the costs of any mediator or arbitrator, or may proceed with suit or other remedies, subject to the provisions of subparagraph (5) of this Subsection and other applicable provisions and laws.
(4) The alternative dispute resolution process set forth herein is a material condition to Contract and must be exhausted as an administrative remedy prior to either Party initiating legal action.
(5) Compliance with VMC Section 2.24.020 and the provisions of the Government Claims Act (Government Code section 810 et seq.) is also required prior to initiating suit again the City.

Section 7. TERMINATION OF AGREEMENT FOR CONVENIENCE
a. The City may, by providing thirty (30) days' advance written notice to Contractor, terminate this Agreement in whole or in part, whenever the City shall determine that such termination is in the best interests of the City, or when it becomes impracticable or impossible to proceed, or because of conditions or events beyond the control of the City. Any such termination shall be affected by delivery to Contractor of a Notice of Termination for Convenience, specifying the extent to which performance of Work under this Agreement is terminated, and the date upon which such termination becomes effective. Upon such termination, the obligations of the Contractor for portions of the Work already performed shall continue. b. Upon receipt of a Notice of Termination for Convenience, the Contractor shall, unless the notice directs otherwise, do the following:
(1) Immediately discontinue the Work to the extent specified in the notice. 5/Construction Contract/Apple Valley Communication, Inc./Project JM024-028 (2) Place no further orders or subcontracts for materials, equipment, services, or facilities, except as may be necessary to complete such portion(s) of the Work that are not to be discontinued.
(3) Promptly cancel, on the most favorable terms reasonably possible, all subcontracts to the extent that they relate to the performance of the discontinued portion of the Work.
(4) Thereafter do only such Work as may be necessary to preserve and protect the Work already in progress and to protect materials, plants, and equipment on the Project site or in transit thereto.
c. Upon such termination, the Contractor will be paid without duplication for:
(1) Work completed in accordance with the Contract Documents prior to the effective date of the Notice of Termination for Convenience; (2) Reasonable costs incurred in settlement of terminated contracts with Subcontractors, suppliers and others; and
(3) Reasonable expenses directly attributable to termination.

The Contractor shall submit a final termination settlement proposal to the City no later than ninety (90) days from the effective date of termination, unless extend ed in writing by the City, upon written request by the Contractor. If the Contractor fails to submit a proposal, the City may determine the amount, if any, due the Contractor as a result of the termination. The City will pay the Contractor the amount it determines is reasonable. If the Contractor disagrees with the amount determined by the City as being reasonable, the Contractor shall provide notice to the City within thirty (30) Days of receipt of payment. Any amount due shall be subject to the dispute resolution provisions set forth in the Contract Documents.
d. Contractor shall include provisions in all of its subcontracts, purchase orders, and other contracts permitting termination for convenience by Contractor on terms that are consistent with this Contract and that afford no greater rights of recovery against Contractor than are afforded to Contractor under this Section 7.

Section 8. TERMINATION FOR CONTRACTOR’S DEFAULT
a. Default. The City may terminate this Contract for Contractor’s d efault as set forth in this Section. The City will consider the Contractor in default of this Contract if, prior to the City’s acceptance of the Work, the Contractor:
(1) becomes insolvent, assigns its assets for the benefit of its creditors, is unable to pay its debts as they become due, or is otherwise financially unable to complete the Work;
(2) abandons the Work by failing to report to the Work site and diligently pr osecute the Work to completion;
(3) disregards written instructions from the City or materially violates provisions of the Contract Documents;
6/Construction Contract/Apple Valley Communication, Inc./Project JM024-028 (4) fails to prosecute the Work according to the schedule approved by the Engineer, (5) disregards laws or regulations of any public body having jurisdiction, or (6) commits continuous or repeated violations of regulatory or statutory safety requirements.

Notices, and other written communications regarding default between the Contractor, the City, and the Surety shall be transmitted in accordance with Section 21 of this Contract. b. Notice and Opportunity to Cure . The City will issue a written notice to cure the default to the Contractor and its Surety. The Contractor shall commence satisfactory corrective actions within five (5) Working Days after receipt. If the Contractor fails to commence satisfactory corrective action within five (5) Working Days after receipt of the notice to cure, or to diligently continue satisfactory and time ly correction of the default thereafter, the City will consider the Contractor in default of the Contract and:
(1) will terminate the Contractor’s right to perform under the Contract by issuing a written notice of termination for default to the Contractor and its Surety; (2) may use any materials, equipment, tools or other facilities furnished by the Contractor to secure and maintain the Work site, and
(3) may furnish labor, equipment, and materials the City deems necessary to secure and maintain the Job Site;
c. Remedies Cumulative. The provisions of this Section shall be in addition to all other legal rights and remedies available to the City. Termination of this Contract will not relieve the Surety of its obligation for any just claims arising out of the Work performed.

Section 9. PREVAILING WAGE
a. Compliance with State Prevailing Wage Requirements. Pursuant to Labor Code Section 1773, the City has obtained the prevailing rate of per diem wages and the prevailing wage rate for holiday and overtime work applicable in San Bernardino County, California from the Director of the Department of Industrial Relations (DIR) for each craft, classification, or type of worker needed to perform the Work required under this Contract. A copy of these prevailing wage rates are on file at the City’s Finance Department/Purchasing Division and shall be made available for review to any interested party on request. In addition, a copy of the prevailing rate of per diem wages may be obtained via the internet at: http://www.dir.ca.gov/DLSR/PWD. 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, including workers performing Work described in or encompassed shall be solely responsible for using the correct and current prevailing wage rates and performing accordingly. An error on the part of any awarding body does not relieve the Contractor from the inspection of payroll records, posting of prevailing wage rates at the work/job site, employment of apprentices, and other requirements of Labor Code Sections 1720 et seq.; Labor Code Secti on 1810 et seq.; California Code of Regulations, Title 8, Section 16000 et seq; and all other applicable State labor laws. 7/Construction Contract/Apple Valley Communication, Inc./Project JM024-028 b. Conflict. It is further expressly agreed by and between the Parties hereto that should there be any conflict between the terms of this Section 9 and the provisions of Exhibit “A”, the terms of this Section 9 shall control and nothing herein shall be considered as an acceptance of the terms of Contractor’s Submitted Bid Proposal conflicting with the requirements of this Section 9.
c. Payroll Records. Contractor must comply with the provisions of Labor Code sections 1776 and 1812 and all implementing regulations, including without limitation, those set forth in Title 8 of the California Code of Regulations, Section 16000 et seq. (hereinafter the “Regulations”), which are fully incorporated by this reference, including requirements for electronic submission of payroll records to the DIR.
(1) Contractor and Subcontractor Obligations . Contractor and each Subcontractor must keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the Work. Each payroll record must contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(a) The information contained in the payroll record is true and correct; and (b) Contractor or the Subcontractor has complied with the requirements of Labor Code §§ 1771, 1811, and 1815 for any Work performed by its employees on the Project. (2) Certified Record. A certified copy of an employee’s payroll record must be made available for inspection or furnished to the employee or his or her authorized representative on request, to City, to the Division of Labor Standards Enforcement, to the Division of Apprenticeship Standards of the DIR, and as further re quired by the Labor Code.
(3) Enforcement. Upon notice of noncompliance with Labor Code § 1776, Contractor or Subcontractor has ten days in which to comply with the requirements of this section. If Contractor or Subcontractor fails to do so within the ten-day period, Contractor or Subcontractor will forfeit a penalty of $100.00 per day, or portion a day, for each worker for whom compliance is required, until strict compliance is achieved. Upon request by the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, these penalties will be withheld from payments then due to Contractor. d. Apprentices. Contractor is responsible for compliance with the requirements governing employment and payment of apprentices, as set forth in Labor Code section 1777.5, which is fully incorporated by reference.
e. Notices. Pursuant to Labor Code section 1771.4, Contractor is required to post all Job Site notices, including prevailing wage rates and other notices as required by regulation. 8/Construction Contract/Apple Valley Communication, Inc./Project JM024-028 f. Other Labor Requirements. Contractor has the responsibility for and shall comply with all other requirements of California Labor Code Section 1720 et seq., Labor Code Section 1810 et seq., the Regulations and all other applicable State lab or 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 shall require the same of all its Subcontractors. Pur suant to Labor Code Section 1735, Contractor shall not discriminate in the employment of persons upon public works on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of t he Government Code, except as otherwise provided in Section 12940 of t he Government Code. Every contractor for public works who violates this Section is subject to all the penalties imposed in Labor Code Sections 1720 through 1861. g. Statutory Penalties. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced as follows:
(1) Pursuant to Labor Code section 1775, the Contractor and any Subcontractor under it shall forfeit as a penalty to the City not more than Two Hundred Dollars ($200.00), for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate as determined by the Director of the DIR for such work or craft in which such worker is employed for any public work done under this Contract by it or by any Subcontractor under it. The difference between such prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Contractor. (2) Pursuant to Labor Code Section 1813, Contractor or Subcontractor shall, as a penalty to the City, forfeit twenty -five dollars ($25) for each worker employed in the execution of this Contract by the respective Contractor or Subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week , except as specif ied in Labor Code 1815. In accordance with the provisions of Labor Code Sections 1810 et. seq., eight (8) hours is the legal working day.
h. DIR Monitoring. Pursuant to Labor Code § 1771.4, the Contract for this Project is subject to compliance monitoring and enforcement by the DIR. i. DIR Registration . Pursuant to Labor Code sections 1725.5 and 1771.1, the Contractor and its Subcontractors must be registered with the DIR prior to the execution of a contract to perform public works. By entering into this Contract, Contractor represents that it is aware of the registration requirement and is currently registered with the DIR. Contractor shall maintain a current registration for the duration of the Project. Contractor shall further include the requirements of Labor Code sections 1725.5 and 1771.1 in any subcontract and ensure that all Subcontractors are registered at the time this Contract is entered into and maintain registration for the duration of the Project.
9/Construction Contract/Apple Valley Communication, Inc./Project JM024-028 Section 10. LIQUIDATED DAMAGES
If Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of Two Thousand and 00/100 Dollars ($2.000.00) per day for each day of unexcused delay in completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract.

Section 11. COMPLIANCE WITH LAWS
Contractor shall comply with all Laws 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 Documen ts, all required permits and licenses, including a City business license, shall be held or obtained by the Contractor at its sole expense and prior to commencing any Work hereunder. Contractor and all subcontractors shall comply with: the California Fair Housing Act (Cal. Gov. Code §12900 et seq.) and the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.). Contractor shall not hire or employ any person to perform work within the City or allow to perform work required under this Contract unless such person is properly documented and legally entitled to be employed within the United States. The Contractor and all subcontractors shall also comply with the requirements of the Drug -Free Workplace Act of 1990 (Cal. Gov. Code §8350 et seq.).

To the extent that the requirements of the Federal Funding/Grant Requirement Provisions attached hereto as Exhibit “B” impose requirements similar to those in California Law, Contractor shall comply with both sets of requirements, and in the event of a conflict which prevents compliance with both, the Federal requirements must be satisfied.

Section 12. WORKERS’ COMPENSATION CERTIFICATION
Pursuant to Labor Code § 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code § 3700 which require every employer to be insured against liability for workers’ compensation or to undertake self -insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.”
Section 13. INSURANCE
a. Contractor shall procure and maintain at its own expense at all times during the period covered by this Contract (and through the one-year guarantee period following the date of City’s acceptance of the Project) the following policies of insurance:
(1) Commercial General Liability (“CGL”) Insurance: Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than Two Million $2,000,000 per occurrence resulting from the acts or omissions of the Contractor or its officers, employees, servants, volunteers, and agents, 10/Construction Contract/Apple Valley Communication, Inc./Project JM024-028 and independent contractors. If a general aggregate limit applies, either the general aggregate limit shall apply se parately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (2) Commercial Vehicle Liability Insurance: Covering person injury and property damage, of not less than Two Million Dollars ($2,000,000) combined single limit, covering any vehicle utilized by Contractor or its officers, employees, servants, volunteers, or agents and independent contractors in performing the Work required by this Contract. (3) Workers’ Compensation Insurance : Providing coverage as required by the California State Workers’ Compensation Law and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. 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.
(4) Course of Construction, Builders’ Risk, or Inland Marine Insurance for Work on Site: Issued on an occurrence basis, for all -risk or “all perils” coverage on a 100% completed value basis on the insurable portion of the Project for the benefit of City, that offers “Installation” coverage for all materials, supplies, equipment, and property obtained by, or for Contractor, which is to become part of the Work while such equipment and property is stored at the jobsite, at temporary locations, or while in transit to the Project from such temporary locations. Contractor shall also be responsible for insuring its owned, leased/rented, or borrowed equipment.
(a) City of Victorville shall be named as a Loss Payee. (b) If the Project does not involve new or major reconstruction, at the option of the City, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery, and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery, or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the Project/Work site. b. Additional Insurance Requirements. With respect to the policies of insurance set forth above, compliance with the following is also required:
(1) Additional Insureds. 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 elected or appointed officials, officers, employees, servants, volunteers, agents and independent contractors, including, without limitation, the City Attorney, are named as Additional Insureds. The coverage shall 11/Construction Contract/Apple Valley Communication, Inc./Project JM024-028 contain no special limitations on the scope of protection afforded to the City of Victorville, its officers, officials, employees, agents, or volunteers. (2) Waiver of Subrogation Rights. Contractor shall require the carriers of all required insurance policies to waive all rights of subrogation against the City and its elected or appointed officers, officials, volunteers, employees, contractors, and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver. (3) Sufficiency of Insurers . Contractor must secure all policies of insurance required by this Contract from a good and responsible company or companies authorized to do insurance business in the State of California, with an AM Best’s rating of not less than A;VII. (4) Proof of Insurance Coverage Required Prior to Commencement of Work . Within ten (10) days of the date Contractor receives this Contract from the City for execution (following award of same by the City Council), certificates of insurance evidencing the policies of insurance, coverages, and endorsements required by this Contract and satisfactory to and approved by the City shall be furnished by Contractor to the City’s Risk Manager. In no event shall any Work on the Project be permitted to commence until adequate proof of insurance and endorsements have been so furnished. (5) Reserved
(6) Other Required Endorsements.
(a) The policies shall be endorsed to provide that in the event of cancellation or amendment of any required insurance policy for any reason whatsoever, the City shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. In the case of cancellation for non-payment, ten (10) days advance written notice shall be given.
(b) The CGL and vehicle liability policies shall be endorsed as Primary and Noncontributory.
c. Subcontractors. Contractor must ensure that each Subcontractor i s required to obtain and maintain the same insurance coverage required under this Section 13 with respect to its performance of Work on the Project, including those requirements related to the Additional Insureds and waiver of subrogation. Contractor must confirm that each Subcontractor has complied with these insurance requirements before the Subcontractor is permitted to begin Work on the Project. Upon request by the City, Contractor must provide certificates and endorsements submitted by each Subcontractor to prove compliance with this requirement. The insurance requirements for Subcontractors do not replace or limit the Contractor’s insurance obligations. 12/Construction Contract/Apple Valley Communication, Inc./Project JM024-028 Section 14. FEDERAL FUNDING/GRANT REQUIREMENT PROVISIONS Contractor acknowledges that the Project is being funded in whole or in part with federal assistance under the American Rescue Plan Act (“ARPA”) (Title VI of the Social Security Act Section 602 et seq. (the “Act”)) Coronavirus State and Local Fiscal Recovery Funds (“CSLFRF”) through a grant from the U.S. Department of Treasury to th e City. The Contractor agrees to comply with all the provisions of the documents and forms contained in Section B – Federal Requirements and Federal Forms of the Bid Package (Contract Documents) for this Project. Said documents and forms (as signed and submitted by Contractor with its Bid) are attached hereto in its entirety as Exhibit “B” and incorporated as part of this Contract by this reference. Contractor shall comply with all requirements and provisions of Exhibit “B”.

Section 15. TIME OF THE ESSENCE
Time is of the essence in the performance of this Contract.

Section 16. INDEMNIFICATION
a. Notwithstanding the limits of any insurance and to the fullest extent permitted by law, Contractor shall indemnify the City, its elected or appointed 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, losses, costs, penalties, obligations, errors, omissions or liabilities, (hereinafter "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 performance of the Work, operations, or activities of Contractor, its agents, employees, Subcontractors, or invitees on the Project, or arising or alleged to arise from the acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's performance of or failure to perform any term, provision, covenant or condition of this Contract, but excluding such Claims or Liabilities or portion of such Claims or Liabilities arising or alleged to arise from the active negligence, sole negligence, or willful misconduct of the City, its elected or appointed officials, officers, agents, volunteers, or employees, and in connection therewith:
(1) Contractor will defen d 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;
(2) Contractor will promptly pay any judgment rendered aga inst the City, its elected or appointed officials, officers, agents, volunteers, 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') performance of or failure to perform such Work, operations or activities hereunder; and Contractor agrees to save and hold the City, its elected or appointed officials, officers, agents, volunteers and employees harmless therefrom;
13/Construction Contract/Apple Valley Communication, Inc./Project JM024-028 (3) In the event the City, its elected or appointed 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 performance of or failure to perform the Work, operation, or activities of Contractor hereunder, Contractor shall pay to the City, its elected or appointed officials, officers, agents, volunteers, or employees, any and all costs and expenses incurred by the City, its elected or appointed officers, officials, agents, volunteers, or employees in such action or proceeding, including but not limited
to, legal costs and attorneys' fees for counsel acceptable to City; (4) Contractor's duty to defend, indemnify, and hold harmless 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 F ederal 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. b. City will timely notify Contractor upon receipt of any third -party claim relating to the Contract, as required by Public Contract Code § 9201. The Contractor's indemnification and defense obligations pursuant to this Section shall survive the termination of this Contract.

Contractor shall require the same indemnification from all Subcontractors.

Section 17. REPORTS; BOOKS AND RECORDS; AUDIT
a. Upon request by the Project Manager Contractor shall prepare and submit reports concerning Contractor's performance of the Work required by this Contract. b. Contractor shall keep such books and records as shall be necessary to perform the work required by this Contract and enable the Project Manager to evaluate the cost and the performance of such Work.
c. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles. The Project Manager 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 the Project Manager 14/Construction Contract/Apple Valley Communication, Inc./Project JM024-028 for purposes of performing an audit for a period of five (5) years from the date of termination of this Contract.

Section 18. MODIFICATIONS AND AMENDMENTS
This Contract may be modified or amended only by written Change Orders as specified in the Contract Documents or a written instrument signed by both Parties.

Section 19. ENTIRE AGREEMENT
a. This Contract supersedes any and all prior or contemporaneous ag reements, either oral or written, between the City and Contractor with respect to the subject matter of this Contract.
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 Contract and the Contract Documents incorporated herein.
c. No ag reement, 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 20. AMBIGUITIES
This Contract 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 Contract. Notwithstanding the foregoing, the Parties agree that Exhibit “A” is attached hereto for reference purposes, and to the extent there are any ambiguities, inconsistencies, or conflicts between the terms of this Contract and Exhibit “A”, the terms of this Contract shall control and nothing set forth in Exhibit “A” shall be deemed to supersede any of the provisions of this Contract.

Section 21. NOTICES
a. Any notice to be provided pursuant to this Contract 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:
15/Construction Contract/Apple Valley Communication, Inc./Project JM024-028 To City: Jenele Davidson, Deputy City Manager
Planning Department
City of Victorville
14343 Civic Drive
Victorville, CA 92392
To Contractor: Gabe Lovato, President
Apple Valley Communications, Inc.
21845 Highway 18
Apple Valley, CA 92307
To Surety: _______________________________
_______________________________
_______________________________
_______________________________
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. c. Either Party, or the surety, may change its address by giving notice in writing to all other parties listed above, and thereafter notices shall be addressed and transmitted to such new address.

Section 22. 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 Contract.

Section 23. REVIEW BY ATTORNEYS
Each Party hereto has had its attorneys review this Contract and all related documents.

Section 24. BONDS
Concurrently with the executio n of this Contract by the Contractor, and before the commencement of any Work, Contractor shall furnish to the City a Faithful Performance Bond, and a Payment (Labor and Materials Bond) each in an amount equal to one hundred percent (100%) of the Contract Price written on the forms included in the Contract Documents. These bonds must remain in force until the later of (1) the expiration of the one-year guarantee period; or (2) on one year from the date of completion of the corrective Work. Such bonds must be issued by a responsible corporate Surety, licensed and authorized to issue such bonds in the State of California with an AM Best’s Rating of at least A: VII. 16/Construction Contract/Apple Valley Communication, Inc./Project JM024-028 Section 25. CARE OF WORK
Contractor must adopt reasonable methods during the life of the Contract 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 (including the obligation to remedy any defective Work or materials during the one -year guarantee period after the City’s acceptance thereof) at no further cost to the City.

Section 26. CAPTIONS AND HEADINGS
The captions and headings contained in this Contract 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 27. OWNERSHIP OF DOCUMENTS
No portion of the Contract Documents may be used for any purpose other than construction of the Project, without prior written consent from City. Contractor is deemed to have conveyed the copyright in any designs, drawings, specifications, Shop Drawings, or other documents (in paper or electronic form) developed by Contractor for the Project, and City will retain all rights to such works, including the right to possession.

Section 28. SUCCESSORS, HEIRS, AND ASSIGNS
Except as otherwise expressly provided herein, this Contract shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and person al representatives of each of the Parties. This Contract may not be assigned or transferred by Contractor without the concurrence of the surety and express written consent of the City.

Section 29. GENDER; PLURAL
In this Contract, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another.

Section 30. 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 17/Construction Contract/Apple Valley Communication, Inc./Project JM024-028 severable from the remainder of this Contract and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.

Section 31. GOVERNING LAW
The validity of this Contract and any of its terms or provisions, as well as the rights and duties of the Parties under this Contract, shall be construed pursuant to and in accordance with California law.

Section 32. CUMULATIVE REMEDIES
Except with respect to rights and remedies expressly declared to be exclusive in this Contract, 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 33. VENUE
All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Contract and all proceedings involving any enforcement action related to this Contract shall be initiated and conducted in the applicable court or forum in San Bernardino County, California.

Section 34. EFFECTIVENESS OF CONTRACT
This Contract 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 the Mayor.

Section 35. REPRESENTATIONS OF PARTIES AND PERSONS EXECUTING CONTRACT Each of the Parties to this Contract hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Contract a binding obligation of eac h of the Parties hereto. The persons executing this Contract warrant that they are duly authorized to execute this Contract on behalf of and bind the Parties each purports to represent.

Section 36. WAIVER
No delay or omission in the exercise of any right or remedy by a non -defaulting Party on any default under this Contract shall impair such right or remedy or be construed as a waiver. A Party's consent to or approval of any act by the other Party requiring the Party's consent or approval shall not be deemed to waive or render unnecessary the other Party's consent to or approval of any subsequent act. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Contract.

Section 37. INDEPENDENT CONTRACTOR STATUS
18/Construction Contract/Apple Valley Communication, Inc./Project JM024-028 a. Contractor is and shall at all times remain as to City a wholly independent contractor. The personnel performing work or services under this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City nor any of its officers, employees, or age nts shall have control over the conduct of Contractor or any Contractor’s officers, employees, or agents, except as set forth in this Contract. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Cont ractor shall not incur or have the power to incur any debt, obligation, or liability whatever against City or bind City in any manner. b. No employee benefits shall be available to Contractor in connection with the performance of this Contract. Except fro the Contract Price to be paid to Contractor as provided for in this Contract, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. c. Any and all employees or subcontractors of Contractor under this Contract, while engaged in the performance of any work or services required by Contractor hereunder, shall be considered employees or subcontractors` of Contractor only and not of City.

Section 38. COUNTERPARTS
This Contract 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 Contract.

Section 39. PROVISIONS REQUIRED BY LAW DEEMED INSERTED
Each and every provision of law and clause required by Law to be inserted in this Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not currently inserted, then upon application of either Party the Contract shall forthwith be physically amended to make such insertion or correction.

Section 40. ATTORNEY'S FEES
If either Party commences an action again st the other Party, either legal, administrative, or otherwise, arising out of or in connection with this Contract, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.

Section 41. CONFLICTS OF INTEREST
Contractor convents that it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the performance of Contractor’s Work under this Contract. Contractor further covenants that in the p erformance of services under this 19/Construction Contract/Apple Valley Communication, Inc./Project JM024-028 Contract, no officer, employee or agent of Contractor having such interest shall be employed by it. In the event the City determines that Contractor must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, with the City Clerk’s Office pursuant to the written instructions provided by the City Clerk. Acquisition or maintenance of a conflicting interest by Contractor may result in termination of this Contract by the City. Contractor shall also comply with and is bound by the conflict of interest provisions set forth in Section 5.h of the Federal Funding/Grant Requirement Provisions attached hereto as Exhibit “B”. (END OF THIS PAGE – SIGNATURE PAGE FOLLOWS)
20/Construction Contract/Apple Valley Communication, Inc./Project JM024-028 IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be executed as of the dates written below.

THE CITY OF VICTORVILLE APPLE VALLEY COMMUNICATIONS, INC.

By: ___________________________________ By:___________________________________ Debra Jones, Mayor Gabe Lovato, President
Dated: ________________________________ Dated:________________________________ ATTEST
By:_____________________________________
Jennifer Thompson, City Clerk
Dated:__________________________________

APPROVED AS TO STANDARD FORM
By:_____________________________________
Andre de Bortnowsky, City Attorney
Dated:__________________________________

THE CITY OF VICTORVILLE
By:_____________________________________
Sandra Bostick, Risk Manager
Dated:__________________________________
21/Construction Contract/Apple Valley Communication, Inc./Project JM024-028

EXHIBIT A
CONTRACTOR’S BID PROPOSAL

SEE ATTACHMENT

EXHIBIT A

EXHIBIT A
22/Construction Contract/Apple Valley Communication, Inc./Project JM024-028

EXHIBIT B

FEDERAL REQUIREMENTS AND FEDERAL
FORMS

CITY OF VICTORVILLE, CALIFORNIA
SECTION B:

FEDERA L REQUIREMENT S AND FEDERAL
FORMS

WELLNESS CENTER LOW VOLTAGE CONTRACTOR SERVICES
PROJECT JM024-028
Federal Requirements and Forms

SECTION B

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EXHIBIT B

CITY OF VICTOR VILLE, CALIFORNIA

FEDERAL FUNDING/GRANT REQUIREMENT PROVISIONS

1. Contractor is hereby advised and acknowledges that the Project, and any agreement or contract awarded pursuant to this RFP, is being funded in whole or in part with federal assistance under the American Rescue Plan Act (the "ARPA") Pub. L. No. 117-2 (March 11, 2021); specifically, Sections 602 and 603 of the Social Security Act (the "Act") as added by Section 9901 of the ARPA, which established the Coronavirus State and Local Fiscal Recovery Funds (the "CSLFRF"). Such funding is provided in accordance with and is subject to the terms and conditions of the CSLFRF financial assistance agreement between the U.S. Department of the Treasury ("Treasury") and the City, signed May 11, 2021 (the "City Award"). The City Award is ATTACHMENT 8-1 and is expressly incorporated herein by reference.

2. Reserved.

3. By submitting a Bid for the Project, Contractor agrees to comply with the laws, provisions, and regulations listed herein; all other applicable federal statutes, regulations, and executive orders; and to further provide for such compliance in any agreements/contracts it enters into with other parties (by inserting a provision into any subcontracts or subcontractor agreements making them subject to all of the provisions stipulated herein) for any work or services relating to the Project.

4. Contractor acknowledges and agrees that the provisions of this Section B and its attachments shall be annexed as Exhibit "B" to its Contract with the City in the event of an award.

5. The laws, provisions, and regulations relating to this Project and with which Contractor is required to comply, include without limitation, all of the following:
a. The requirements of Section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. b. Federal regulations specified in the City Award, which include without limitation, the following:
(i) Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200, other than such provisions as Treasury may determine are inapplicable to the City Award and subject to such exceptions as may be otherwise provided by Treasury. Subpart F - Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply. (ii) Universal Identifier and System for Award Management {SAM), 2 CFR Part 25, pursuant to which the award term set forth in Appendix A to 2 CFR Part 25 is hereby incorporated by reference.
(iii) Reporting Subaward and Executive Compensation Information, 2 CFR Part 170, pursuant to which the award term set forth in Appendix A to 2 CFR Part 170 is hereby incorporated by reference.
(iv) 0MB Guidelines to Agencies on Governmentwide Debarment and Suspension {Nonprocurement). 2 CFR Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 CFR Part 180, subpart B) that the award is subject to 2 CFR Part Federal Requirements and Forms

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CITY OF VICTOR VILLE, CALIFORNIA
180 and Treasury's implementing regulation at 31 CFR Part 19. Contractor must complete the certification in ATTACHMENT B-2 and comply with all provisions of said certification.
(v) Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 CFR Part 200, Appendix XI I to Part 200 is hereby incorporated by reference.
(vi) Governmentwide Requirements for Drug-Free Workplace, 31 CFR Part 20. (vii) New Restrictions on Lobbying, 31 CFR Part 21, pursuant to the Byrd Anti-Lobbying Amendment (31 U.S.C. § 3152). See provisions in Subsection j.(ix) below for requirements and required certification.
(viii) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations.
(ix) Generally applicable federal environmental laws and regulations. c. Statutes and regulations prohibiting discrimination applicable to the Project and Contractor, including, without limitation, the following:
(i)
(ii)
(iii)
(iv)
(v)
Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's implementing regulations at 31 CFR Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance (see subdivision d, below for required assurances); The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability; Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance;
The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury's implementing regulations at 31 CFR Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and
Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. § 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.
d. The Civil Rights Restoration Act of 1987 which requires the following assurances:
(i) Contractor ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal financial assistance, of any person in the United States on the Federal Requirements and Forms

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ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166, directives, circulars, policies, memoranda, and/or guidance documents. (ii) Contractor acknowledges that Executive Order 13166, "Improving Access to Services for Persons with Limited English Proficiency," seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, have Limited English proficiency (LEP). Recipient understands that denying a person access to its programs, services, and activities because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury's implementing regulations.

Accordingly, Contractor shall initiate reasonable steps, or comply with the Department of the Treasury's directives, to ensure that LEP persons have meaningful access to its programs, services, and activities. Contractor understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary, to ensure effective communication in the Contractor's programs, services, and activities.
(iii) Contractor agrees to consider the need for language services for LEP persons when Contractor develops applicable budgets and conducts programs, services, and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on taking reasonable steps to provide meaningful access for LEP persons, please visit http://www.lep.gov . (iv) Contractor acknowledges and agrees that compliance with the assurances constitutes a condition of continued receipt of federal financial assistance and is binding upon Contractor and Contractor's successors, transferees, and assignees for the period in which such assistance is provided.
(v) Contractor acknowledges and agrees that it must require any sub-grantees, contractors, subcontractors, successors, transferees, and assignees to comply with assurances (i)-(iv) above, and agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Contractor the Contractor's sub-grantees, contractors, subcontractors, subconsultants successors, transferees, and assignees:

The sub-grantee, contractor, subcontractor, successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of; or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with "Limited English Proficiency" in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement.

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e. Contracting with small and minority businesses. women's business enterprises1 and labor surplus area firms. as set forth in 2 CFR Section 200.321. (i) If subcontracts are to be let, Contractor must take all affirmative steps pursuant to Section 200.321 to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. Affirmative steps include:

A. Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
B. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; C. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women•s business enterprises;
D. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and
E. Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce
(ii) If selected for award, Contractor must submit a Small and Minority Businesses, Women's Business Enterprise (S/M/WBE) and Local Surplus Area (LSA) Firm Outreach Plan attached hereto as ATTACHMENT B-3 within 5 (five) days of contract execution to the City for approval. The City will accept the S/M/WBE and LSA Firm Outreach Plan or offer recommendations to ensure S/M/WBE and LSA Firm Outreach Plan includes all necessary affirmative steps to meet the intent of 2 CFR § 200.321. Contractor shall revise its S/M/WBE Outreach Plan to incorporate City input as applicable. Upon the City's acceptance of the S/M/WBE and LSA Firm Outreach Plan, Contractor shall submit updates to the City quarterly. S/M/WBE and LSA Firm Outreach Plan update should include efforts taken within the period to assure that minority businesses, women•s business enterprises, and labor surplus area firms were utilized when possible.
f. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Contractor is encouraged to adopt and enforce on- the-job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles.
g. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Contractor is encouraged to adopt and enforce policies that ban text messaging while driving, and Contractor should establish workplace safety policies to decrease accidents caused by distracted drivers.

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h. Conflict of Interest. By submitting a Bid and executing a contract with the City, Contractor certifies that it that it has disclosed to City any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant under the Contract or with respect to the funding thereof, in accordance with 2 CFR Part 200 (including 2 CFR Sections 200.112 and 200.318(c)). Contractor shall provide all additional information necessary for the City to fully assess and address such actual or potential conflict of interest and agrees to advise the City of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution the Contract. Contractor further agrees to complete any statements of economic interest if required by either CITY ordinance or State law and further certifies that it does not now have nor shall it acquire any financial or business interest that would conflict with the performance of services under the Contract and does not know of any fact which constitutes a violation of any conflict of interest law, including Section 87100 et seq. or Section 1090 et seq. of the California Government Code.
i. Records Retention and Access. Contractor certifies that it will comply with the records retention and access requirements detailed in 2 CFR § 200.334 and 200.337, as well as any additional requirements that may be imposed by the Act or Treasury regulations.

Contractor further certifies that it will retain all records as required by 2 CFR § 200.334 for a period of five (5) years after it receives City notice that City has submitted final expenditure reports or quarterly or annual financial reports for the Project, as applicable, and all other pending matters are closed. Contractor acknowledges and agrees that the Treasury, Inspectors General, the Comptroller General of the United States, the City, or any of their authorized representatives, shall have the right of access to any documents, papers, or other records of Contractor which are pertinent to the Project by virtue of the Federal award by which it is funded, in order to make audits, examinations, excerpts, and transcripts. The right also includes timely and reasonable access to Contractor's personnel for the purposes of interview and discussion related to such documents. The provisions of this Section shall govern over any conflicting provisions in the Contract. j. Federal contract provisions required by Appendix 11 to 2 CFR Part 200 (2 CFR § 200.327), as applicable:
(i) Remedies for Breach - A ppendix II to Part 200, Subd. (A). The provisions of Section 8 of the Contract provide remedies and penalties for breach of the Contract.
(ii) Termination for Cause/Convenience - A ppendix II to Part 200, Subd. (B). The Special Provisions in Section A of the Bid Package, as well as the provisions of Sections 7 and 8 of the Contract include remedies for breach and termination for cause and convenience.
(iii) Equal Employment Opportunity - Appendix II to Part 200. Subd. (C). Except as otherwise provided under 41 CFR Part 60, all contracts meeting the definition of a "federally assisted construction contract" in 41 CFR § 60-1.3, must comply.

Contractor shall comply with the following equal opportunity clause, in accordance with Executive Order 11246 of September 24, 1965 entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967 and implementation regulations at 41 CFR Chapter 60:

During the performance of this Contract, Contractor agrees as follows:

Federal Requirements and Forms

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Victorville City CouncilOctober 3, 2023

Victorville City Council
October 3, 2023