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, November 7, 2023
5:00 p.m. Closed Session
6:00 p.m. Regular Session
The
City
Council
holds
its
business
meetings
in
public
in
accordance
with
the
requirements
of
the
Ralph
M.
Brown
Act,
its
established
policies
and
procedures,
and
its
adopted
parliamentary
authority.
The
Council
strives
to
carry
out
its
meetings
in
an
atmosphere
of
professionalism
with
full
participation
by
members
of
the
body
and
the
public.
As
such,
the
Presiding
Officer
is
empowered
to
govern
City
Council
Meetings
to
foster
the
efficient
and
fair
administration
of
City
business
and
reserves
the
right
to
enforce
(or
cause
to
be
enforced)
the
Meeting
Rules
of
Conduct
and
Decorum
as
set
forth
in
Chapter
5 of
the
City
Council Policy and Procedures Manual.
The
City
Council
welcomes
and
encourages
public
participation
and
invites
the
community
to
attend
in
person.
Now
that
COVID-19
cases
in
our
area
have
reduced
to
a
point
that
social
distancing
requirements
have
been
lifted,
City
Council
Meetings
will
be
held
in-person
at
City
Hall
in
Council
Chambers.
Remote
viewing
of
our
Council
Meetings
is
available
through
YouTube,
but
public comments must be given in-person at the meeting or in advance as noted below.
Public
Comments:
Members
of
the
public
may
submit
comments
electronically
to
by
4 p.m.
the
day
of
the
meeting
to
be
distributed
to
City
Council.
Participants
are
invited
to
address
the
Council
on
agendized
and
non-agendized
topics
at
the
beginning
of
the
meeting.
Public
comments
will
be
no
longer
than
three
(3)
minutes
per
community
member.
Should
a
speaker
conclude
their
comments
prior
to
the
expiration
of
three
(3)
minutes,
the
speaker
waives
the
right
to
speak
for
any
remaining
amount
of
time.
For
further
information
about
how
to
address
the
Council,
please refer to the City’s website at
victorvilleca.gov/government/agendas
.
In
compliance
with
the
Americans
with
Disabilities
Act,
if
you
need
special
assistance
to
participate
in
this
meeting,
please
contact
the
City
Clerk’s
office
at
(760)
955-5188
no
later
than
72 hours
prior
to
the
meeting.
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
A.
CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
Pursuant to Government Code § 54956.9(d)(1)
Case
name
unspecified:
(Disclosure
would
jeopardize
existing
settlement
negotiations)
B.
CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
Pursuant to Government Code § 54956.9(d)(1)
Case
name
unspecified:
(Disclosure
would
jeopardize
existing
settlement
negotiations)
SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY
A.
CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
Pursuant to Government Code § 54956.9(d)(1)
Case name: AFFF Multi-District Litigation No. 2873 (“MDL”) United States District Court of Columbia
Master Docket No. 2.18-MN-2873-RMG
Parties: Southern California Logistics Airport Authority Victorville Water District
3M Company
E.I. Du Pont de Nemours and Company et al.
VICTORVILLE WATER DISTRICT
A.
CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
Pursuant to Government Code § 54956.9(d)(1)
Case name: AFFF Multi-District Litigation No. 2873 (“MDL”) United States District Court of Columbia
Master Docket No. 2.18-MN-2873-RMG
Parties: Southern California Logistics Airport Authority Victorville Water District
3M Company
E.I. Du Pont de Nemours and Company et al.
Recess to Closed Session
6:00 p.m. Regular Session
Call to Order
Roll Call
Closed Session Announcements by the City Attorney
Invocation:
Pledge of Allegiance: Police Captain John Wickum
City Clerk Presents Agenda/Revisions to Agenda
Conflict of Interest Declarations
Any
items
on
this
agenda
that
might
be
a
conflict
of
interest
to
any
Council
Members/Board Members should be identified at this time.
Introduction to Public Comments
Public Comments
PUBLIC HEARING(S)
1. Proposed
Ordinance
No.
2445
Amending
the
Victorville
Municipal
Code(VMC),
with
an
Environmental
Exemption,
Addressing
Unauthorized
Camping
and
Storage
of
Personal Property in Public Areas
Recommendation:
That the Honorable City Council:
(1) Conduct the Public Hearing;
(2)
Find
Ordinance
No.
2445
categorically
exempt
from
the
California
Environmental
Quality
Act
(“CEQA”)
under
CEQA
Guidelines
15301(d),
“Existing
Facilities,”
and
15308,
“Actions
by
Regulatory
Agencies
for
Protection
of
the
Environment”;
(3) Introduce Ordinance No. 2445 for adoption and first reading by title only; and (4) Waive further reading in full of proposed Ordinance No. 2445
2. Pressure
Reducing
Valve
at
Mojave
Drive
and
Amethyst
Road
–
Notice
of
Exemption and Award of Construction Contract
Recommendation:
That the Honorable Water District Board of Directors:
(1)
Open
and
conduct
a
Public
Hearing
to
receive
testimony
regarding
the
proposed
capital improvement project (CIP);
(2) Close the Public Hearing;
(3)
Approve
the
Notice
of
Exemption
and
authorize
staff
to
file
the
notice
with
the
Office of Planning and Research and the County Clerk; and (4)
Award
a
construction
contract
to
Kirtley
Construction,
Inc.
dba
TK
Construction,
in
the
amount
of
$365,600,
for
the
Pressure
Reducing
Valve
at
Mojave
Drive
and
Amethyst Road Project.
CONSENT CALENDAR
3. Payroll Warrant List
Recommendation:
That
the
City
Council
and
Board
of
Directors
ratify
Payroll
Demand
Schedule
No.
3A
for
Payroll
Period
August
18,
2023,
through
September
1,
2023,
in
the
amount
of
$2,204,078.85
covering
Check
Nos.
33666
through
33681,
including
Vendor
checks.
Please
note
employee
Check
No.
33670
has
a
live
Check
and
an
EFT
Advice.
Also
included
are
Advice
Nos.
304606
through
305125,
per
adopted
budget
for Fiscal Year 2023-2024 (period covering July 1, 2023, through June 30, 2024).
4. Waste Tire Enforcement Grant- Budget Amendment
Recommendation:
That
the
Honorable
City
Council
adopt
Resolution
No.
23-090,
approving
a
budget
amendment
for
Fiscal
Year
2023/2024
to
appropriate
$61,547.00
in
both
revenue
and
expenditures
related
to
the
Waste
Tire
Enforcement
Grant
as
awarded
by
the
California Department of Resources Recycling and Recovery (CalRecycle).
5. Minutes
of
the
October
3 and
October
17,
2023,
Regular
City
Council
Meetings
and
the October 3, 2023, Special City Council Meeting
Recommendation:
That
the
Honorable
City
Council
approve
the
minutes
of
the
Regular
City
Council
Meetings
held
on
October
3 and
October
17,
2023
and
the
Special
City
Council
Meeting held on October 3, 2023.
6. Release
of
Labor
&
Materials
Security
for
Case
Nos.
BLDC21-00045/EROW21-
00181
Recommendation:
That
the
Honorable
City
Council
approve
the
full
release
of
the
Labor
&
Materials
security for Case Nos. BLDC21-00045/EROW21-00181.
7. Release of Labor & Materials Security for Case No. EWTR21-00264
Recommendation:
That
the
Honorable
City
Council
approve
the
full
release
of
the
Labor
&
Materials
security for case EWTR21-00264.
8. Tract Map No. 16774 Securities Release
Recommendation:
That
the
Honorable
City
Council
approve
the
full
release
of
the
Water,
Sewer,
Drainage, and LMAD Labor & Materials securities for Tract Map No. 16774.
9. Tract Map No. 16507 Security Release
Recommendation:
That the Honorable City Council:
(1)
Approve
an
80%
Release
of
the
Water,
Sewer,
Drainage,
and
Streets
Faithful
Performance Securities for Tract Map No. 16507; and
(2) Accept the completed Water, Sewer, Drainage, and Street Improvements.
10. Quarterly Investment Report as of September 30, 2023
Recommendation:
That
the
City
Council/Board
of
Directors
receive
and
file
the
attached
Quarterly
Investment Report as of September 30, 2023.
11. Fire Department Newsletter
Recommendation:
That
the
Honorable
Council
review
and
file
the
attached
Fire
Department
Newsletter.
12. Settlement
Agreement
between
the
City
of
Victorville
and
GLV
Investments,
LLC
and Jack Chen
Recommendation:
That
the
Honorable
City
Council
approve
the
Citation
Settlement
Agreement
by
and
between
GLV
Investments,
LLC,
Jack
Chen,
and
the
City
of
Victorville
in
regard
to
Citation
Nos.
28608
and
23356
and
authorize
the
City
Manager
to
sign
the
Citation
Settlement Agreement.
13. Settlement Agreement between the City of Victorville and Xue Mei
Recommendation:
That
the
Honorable
City
Council
approve
the
Citation
Settlement
Agreement
by
and
between
Xue
Mei
and
the
City
of
Victorville
in
regard
to
Citation
Nos.
25452,
26251,
and
26570
and
authorize
the
City
Manager
to
sign
the
Citation
Settlement
Agreement.
14. Settlement Agreement between the City of Victorville and Hai Lin Chen
Recommendation:
That
the
Honorable
City
Council
approve
the
Citation
Settlement
Agreement
by
and
between
Hai
Lin
Chen
and
the
City
of
Victorville
in
regard
to
Citation
No.
30429
and authorize the City Manager to sign the Citation Settlement Agreement.
WRITTEN COMMUNICATIONS
15. Fentanyl Presentation
Recommendation:
Any action is at the discretion of Your Honorable City Council.
16. Approval of the Village Drive Sidewalk Project and Budget Amendment
Recommendation:
That
the
Honorable
City
Council
approve
the
addition
of
the
Village
Drive
Sidewalk
Project
to
the
Measure
I
Five
Year
Capital
Improvement
Plan
and
adopt
Resolution
No. 23-083 to:
(1)
Accept
a
Transportation
Development
Act
(TDA)
Article
3 grant
in
the
amount
of
$250,000
from
the
San
Bernardino
County
Transportation
Authority
(SBCTA)
for
the Village Drive Sidewalk Project;
(2)
Amend
the
Fiscal
Year
2023/2024
Budget
to
appropriate
funds
for
the
Village
Drive
Sidewalk
Project,
inclusive
of
revenue
and
expenses
in
the
amount
of
$250,000
from
the
TDA
Article
3 grant
and
matching
expenses
in
the
amount
of
$308,000 from Measure I;
(3)
Authorize
the
City
Manager
or
designee
to
execute
said
grant,
inclusive
of
the
submittal of claims and requests for reimbursement; and (4) Authorize the City Engineer to certify the completion of the project.
17. Annexation
of
Tract
No.
20280
into
Drainage
Facilities
Assessment
District
No.
1 and Landscape Maintenance Assessment District No. 6
Recommendation:
That
the
Honorable
City
Council
approve
Resolution
Nos.
23-091
and
23-092
which
amend
Resolution
Nos.
23-088
and
23-089
to
set
a
new
public
hearing
date
of
December
5,
2023
to
complete
the
annexation/assessment
proceedings,
and
ratify the mailing of updated public hearing notices and assessment ballots.
18. Approve
Amendment
One
to
the
Standard
Consultant/Professional
Services
Provider Agreement for Airport Layout Plan Update, Project CC21-015-1
Recommendation:
That
the
Southern
California
Logistics
Airport
Authority
Board
of
Directors
approve
Amendment
One
to
the
Standard
Consultant/Professional
Services
Provider
Agreement
to
Burns
&
McDonnell
Engineering
Company,
Inc.,
for
Airport
Layout
Plan
Update,
Project
CC21-015-1,
increasing
the
total
not
to
exceed
compensation
by $37,350 to $632,346.
19. Approve
Amendment
Two
to
the
Standard
Consultant/Professional
Services
Provider
Agreement
for
Bidding
Support,
Construction
Management
&
Inspection
Services, Project CC21-015
Recommendation:
That
the
Southern
California
Logistics
Airport
Authority
Board
of
Directors
approve
Amendment
Two
to
the
Standard
Consultant/Professional
Services
Provider
Agreement
to
Burns
&
McDonnell
Engineering
Company,
Inc.,
for
Bidding
Support,
Construction
Management
&
Inspection
Services,
Project
CC21-015,
increasing
the
total
not
to
exceed
compensation
by
$135,120.49
to
$1,037,363.83;
and
extending
the Term of the Agreement to June 30, 2024.
20. Approval
for
Mayor
and
Mayor
Pro
Tem
to
Issue
Position
Statements
Regarding
the Award of the County’s Ambulance Contract
Recommendation:
Any
action
is
at
the
discretion
of
your
Honorable
City
Council.
However,
staff
recommends that the Honorable City Council approve the following actions:
(1)
Take
a
position
which
supports
an
award
of
the
County’s
Ambulance
Contract;
and
(2)
Authorize
the
Mayor
and
the
Mayor
Pro
Tem
to
speak
at
the
upcoming
County
Board
of
Supervisors
meeting
in
support
of
the
award
of
the
ambulance
transport
contract to the ConFire Alliance.
21. Cancellation of the November 21, 2023, regular City Council meeting
Recommendation:
Any action is at the discretion of Your Honorable City Council.
22. Revisions to Council Policy CP-12-01 – Expense Reimbursement Policy
Recommendation:
Any action is at the discretion of Your Honorable City Council.
23. Resolution
No.
23-093
Disapproval
of
Actions
taken
by
Councilmember
Gomez
and
Reprimand of Councilmember Gomez related to her actions
Recommendation:
Any action taken is at the discretion of the City Council.
24. City Manager Reports
25. Discussion and Possible Action Regarding Upcoming Agenda Items
26. Reports from Council Members
Adjournment
Item Number: 1
City Council / Board of Directors
Public Hearing(s)
Meeting of: November 7, 2023
Submitted By:
Jorge Duran, Code Enforcement Official
Scott Webb, City Planner
Andre de Bortnowsky, City Attorney
Subject:
Proposed Ordinance No. 2445 Amending the Victorville Municipal Code(VMC), with an Environmental Exemption, Addressing Unauthorized Camping and Storage of Personal Property in Public Areas
Recommendation:
That the Honorable City Council:
(1) Conduct the Public Hearing;
(2) Find Ordinance No. 2445 categorically exempt from the California Environmental Quality Act (“CEQA”) under CEQA Guidelines 15301(d), “Existing Facilities,” and 15308, “Actions by Regulatory Agencies for Protection of the Environment”; (3) Introduce Ordinance No. 2445 for adoption and first reading by title only; and (4) Waive further reading in full of proposed Ordinance No. 2445 Fiscal Impact:
The adoption of the proposed Ordinance will not directly create budgetary impacts.
However, the application of the Ordinance may increase staff training and clean-up costs associated with execution of outreach and compliance actions.
Strategic Plan Goal:
In general, the proposed Ordinance seeks to Reduce Homelessness (Goal D) and improve Public Safety (Goal B) by refining anti-camping enforcement protocols to further encourage the unhoused to accept shelter and services, while also having immediate enforcement measures available for encampments located on or surrounding specified public uses or properties based on the elevated public health and safety risk that encampments and storage of personal property pose to these densely populated and sensitive areas.
3 3
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Background:
In 2019, the 9th Circuit Court of Appeals issued a decision in the case of Martin v. City of Boise, 902 F.3d 1031 (9th Cir. 2018), amended by 920 F.3d 584 (9th Cir. 2019), cert. denied, 140 S. Ct. 674 (2019) (“Martin”), which held in part that a city cannot treat camping on public property or lying or sleeping in public ways as a criminal code enforcement matter. Accordingly, a city may not proceed by merely issuing criminal citations and prosecuting persons found to be in violation of their anti-camping or storage laws, as criminalizing the act of sleeping on public property when a homeless person has “no place else to go” (no low-barrier shelter bed is available), constitutes “cruel and unusual punishment” in violation of the Eighth Amendment of the U.S. Constitution. Martin imposes a duty on cities to first make sure that homeless persons to whom they intend to issue a criminal citation to have a place indoors to sleep, have been offered such temporary or permanent shelter, and only proceed with criminal enforcement measures when homeless persons refuse to avail themselves of such shelter.
Johnson v. City of Grants Pass, 50 F.4th 868 (9th Cir. 2023) (“Johnson”), is a follow-up to the Martin case. In Johnson, some of the key takeaways were that: (1) even administrative enforcement of anti-camping/sleeping in public ordinances can violate the Eighth Amendment if it ultimately leads to criminal prosecution when no shelter is reasonably available; and (2) an ordinance which permits sleeping on public property, but bans the use of sleeping bags, bedding, or blankets when so sleeping, is tantamount to a sleeping in public ban.
However, neither Johnson nor Martin completely prevents a jurisdiction from prohibiting lying or sleeping outside at particular times or in particular locations, or obstructing the right-of-way, or erecting certain structures.
In 2021, the City of Victorville (“City”) adopted an ordinance that did the following:
•Amended VMC Section 13.27.020 to update provisions related to camping on private property.
•Amended VMC Section 13.27.035 to remove the remedy of summary abatement of unlawful camping and required that any abatement activities necessary to protect the health and safety of the public must observe specific notice procedures and follow the abatement warrant process as codified in the California Code of Civil Procedure. This procedure provided occupants of encampments with advance written notice of abatement activity, the type of abatement activity that was going to occur, and provided for storage and reclamation options for their personal effects removed during an encampment abatement. •Amended VMC Section 13.27.040 to remove language requiring criminal enforcement of Chapter 13.27 and inserted the City’s administrative citation process as the sole enforcement mechanism for violations of Chapter 13.27. •Amended VMC Section 13.27.050 to allow for administrative enforcement of Chapter 13.27 using the administrative citation procedures set forth in Sections
1.05.060 through 1.05.090 of the VMC and reduced the fine amount for an administrative citation issued under Chapter 13.27 to $20.00. 3 3
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Since the passage of the City’s 2021 ordinance addressing camping and storage of personal property in public places, two point-in-time counts (PITC) were conducted. The 2022 PITC reflected 455 individuals experiencing homelessness with 224 unsheltered and 231 sheltered or in transitional housing. The 2023 PITC reflected 607 individuals experiencing homelessness with 317 unsheltered and 290 sheltered or in transitional housing. Moreover, the City’s Homeless Engagement Team, who are select code compliance officers tasked with conducting outreach to unhoused individuals, have continued to see a trend of individuals refusing shelter. According to the Homeless Engagement Team, 199 homeless individuals refused offers of shelter from January 1, 2023 through September 30, 2023. Moreover, during the two-year period from January 1, 2021 to December 31, 2022, a total of 357 unsheltered individuals refused shelter and vacated areas to be abated with their personal possessions, but often left behind extensive amounts of rubbish and debris to be cleared by City sanitation staff. Ultimately, homelessness continues to impact our City and remains one of the highest priorities for our residents and businesses.
There are several health and safety risks from unregulated human activity when people stay or camp overnight in public areas. These health and safety risks include, without limitation, disease caused by bacterial infection and/or virus exposure due to unsanitary living conditions, fire danger, burn injury, potential drowning, water pollution, pedestrian danger, risk of injury or death from a vehicle crash, risk of drug exposure or overdose (potentially fatal). Unsheltered and homeless individuals camping overnight in inappropriate and remote areas impede and endanger emergency response crews and frustrate attempts to ensure sanitary and safe conditions.
Homelessness Response
The City of Victorville has many years of experience serving persons at risk of or experiencing homelessness. In 2009, the City’s former Redevelopment Agency acquired a 67 multi-family unit known as the Hillcrest Court Apartments. The apartment complex provided affordable housing to individuals and families. Although the City no longer manages the property, the City still maintains a 55-year affordability covenant thereon.
In October 2019, in an effort to help the chronically homeless population, the City partnered with the Housing Authority of San Bernardino County ("HASBC") by providing $1,509,505 of its Neighborhood Stabilization Program funds as a loan to assist in the acquisition of a former dilapidated motel. The 60-unit motel, originally known as the Queen's Motel and now known as Desert Haven, was acquired by HASBC for the purposes of renovating and converting it into 31 one-bedroom and one-bath apartment units to provide permanent housing for homeless individuals. The City's financial participation helped secure all 31 units for the term of 55 years.
On February 5, 2019, the Victorville City Council directed staff to form a staff-led task force to seek solutions to homelessness within the City. The Homelessness Solutions Task Force (HSTF)is an advisory body to the City Council for all items related to homelessness. The HSTF includes both internal and external stakeholders, some with lived experience, to facilitate multiple viewpoints and insight into the issue of 3 3
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homelessness. On November 5, 2019, the City Council approved a Homelessness Solutions Strategic Action Plan that was designed with input from the HSTF to assist the City with the development and/or expansion of enhanced shelter operations, homeless outreach, preventions services, housing options, and/or other areas that align with homelessness solutions. The City is also collaborating, through its HSTF, with organizations throughout the City offering transitional, supportive, and permanent housing.
In 2019, 2020, and 2021, the City aided a local, non-profit shelter provider by way of funding and use of a city facility as a seasonal warming shelter to accommodate men, women, and families experiencing homelessness. During the COVID-19 pandemic, the seasonal shelter was turned into a 24-hour shelter allowing people to quarantine in place for safety precautions.
In addition to added assistance supplementing extended operations during the COVID- 19 pandemic (volunteers, supplies, equipment, etc.) the City recognized the importance of providing support and care for the unhoused, given the limited resources available to such persons and established sanitation stations in areas known to be frequented by the unhoused. These sanitation stations included mobile restrooms, a handwashing station, and trash dumpsters. City staff serviced the sanitation sites at least three times per week to provide hygiene supplies and educational materials to try to connect homeless individuals with available shelter and other resources.
Since 2021, the City has been utilizing the Westwinds Sports Center as a low-barrier 92- bed Interim Shelter. Utilizing additional assistance from Emergency Solutions Grants Program (ESG) funding and Measure P funds, the City has been able to provide necessary 24-hour services to clients housed at the Interim Shelter. Presently, the City has agreements with High Desert Homeless Services and Symba Center to oversee and operate this facility.
In late 2020, the City secured project Homekey grant funds, and commenced with the planning, design, land acquisition, and construction of a 4.5-acre Wellness Center facility to better address the needs of persons experiencing homelessness in the community.
With operations at Victorville’s Wellness Center anticipated to start in December 2023, the community will have 170 low-barrier, non-congregate beds to assist individuals and families who are experiencing homelessness, as well as interim housing and supportive services. The Wellness Center facility will operate all day, every day throughout the year, providing safe shelter, basic needs, medical services, behavioral health services, recuperative care, housing resources and many other navigational resources to help unsheltered and at-risk community members.
Outreach is a critical tool for ending homelessness. The City has a dedicated Homeless Engagement Team working to build relationships with individuals experiencing homelessness to foster acceptance of services and shelter. Furthermore, collaborative efforts with the Interim Sheter and Wellness Center Supportive Services Operator, Symba Center, has expanded these outreach efforts to include case management, housing 3 3
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navigation, mental health, and medical services. Additional outreach partners include San Bernardino County’s INNRoads Team and the Sheriff’s HOPE Team. These teams use a person-centered, compassionate approach to resolve homelessness through the offer of services and onsite health assessments and treatments tailored to the specific needs of individuals.
Discussion:
Overview
This proposed Ordinance amends the VMC to protect the life, health, and safety of all people in the City, recognizing that camping in certain public areas within the geographical boundaries of the City can pose significant health and safety hazards.
Moreover, some public land is environmentally sensitive and may be significantly damaged by unregulated human activity. In addition, there are areas where the risks are elevated when unregulated human activity occurs, specifically related to public camping, including the areas immediately surrounding K-12 schools, shelters, parks and other public facilities, and transportation hubs.
The proposed Ordinance amends Chapter 13.27 of the VMC to provide clear language regarding how camping bans in the City will be enforced (i.e., when adequate shelter is available) and identifies specific limited public locations in which persons cannot maintain an encampment at any time, in order to protect the life, health, and safety of all persons in the city. The proposed Ordinance also sets standards and establishes a process for the identification, collection, storage, and disposal of personal property found in encampments on public property (modeled on an anti-camping policy the City has been following for some time). The City is committed to protecting the rights of individuals and treating their personal property with respect and consideration. The proposed amendments to the VMC are intended to address homeless encampments which pose a threat to public health and safety in a manner consistent with Martin and Johnson.
In the interest of providing advance notice and due process while equally balancing the need to promptly address public health and safety concerns, the proposed Ordinance implements a progressive enforcement model to provide a consistent approach to enforcement. Enforcement officers are trained to offer services to individuals prior to taking enforcement action and continue to provide offers for shelter and services at each subsequent interaction. Enforcement related to violations of Chapter 13.27 of the VMC will begin (in most instances) with a determination and confirmation that available low- barrier shelter is available. In the event such shelter is available, and the individual chooses not to avail him or herself of said shelter, a notice of violation shall be issued, followed by an administrative fine, and then, if compliance is not achieved (provided shelter is available), a misdemeanor citation will follow.
The proposed Ordinance also establishes provisions allowing for the immediate abatement of camping or storage of personal property in public areas where such activity poses an immediate threat or an unreasonable risk of harm to public health or safety and further provides for immediate abatement of camping or storage of personal property on or surrounding specified public uses or properties (“Sensitive Areas”), based on the 3 3
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elevated public health and safety risk that encampments and storage of personal property pose to these areas. Such Sensitive Areas (most of which will be identified by signage) include:
•On or within 500 feet of K through 12 schools.
•On or within 500 feet of a shelter.
•On or within 500 feet of any open space, waterway, or banks of a waterway. •On or within 500 feet of any transit hub, or train tracks. •On or within 500 feet of any City facility, including parks.
As discussed in the background section of this report, the City has been working and investing in strategies to address and prevent homelessness through multipronged strategic efforts. The proposed Ordinance is but one part of the City’s broader commitment to advancing solutions to this complex matter.
Encampments Pose Risks to Public Health and Safety
One of the most significant impacts of increasing numbers of people experiencing homelessness has been the use of public spaces to sleep and live. Some of these public spaces, such as the Mojave Riverbed and Oro Grande Wash, are open space areas which are environmentally sensitive and in which unregulated human activity can put the health and safety of people experiencing homelessness, as well as the public at-large, at risk.
These health and safety risks include, but are not limited to: disease, bacterial infection and virus exposure due to the accumulation of trash or human waste; burn injury and fire danger associated with outdoor cooking and heating efforts; potential drowning and water pollution; pedestrian crossing danger, danger of being struck by a vehicle, drug exposure and overdose risk, and possibly impeding emergency response.
The City’s Public Works and Sanitation Departments regularly find items in encampments or tents used by people experiencing homelessness that pose a risk to public health or the environment. Both Departments provided this partial list of items commonly found at both occupied and abandoned encampments:
• Aerosol cans
• Computers and other Universal Waste Items that have heavy metals • Empty backpacks and backpacks full of trash and food wrappers • Barbeques and other cooking apparatuses/products, including fuels and propane tanks • Bags, bottles, jars and buckets of of human waste or other unidentified liquids / substances
• Open pet foods (which become rodent attractants)
• Partially consumed food and food packaging (which are left as litter and/or are rodent attractants)
• Food infested with bugs
• Broken glass
• Bongs and hookahs
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• Batteries (large car batteries, small alkaline, rechargeable, etc.) • Scooters (not in full working condition, with Lithium Battery tampered with) • Campers, Cardboard and pallets used as flooring (which encourage rodent activity) • Cleaning products
• Items (bedding or furniture) infested with cockroaches, bedbugs, mold, etc. • Razorblades and Weapons (knives, makeshift clubs)
• Construction equipment and generators
• Unconsumed prescribed medication, illicit drugs, and drug paraphernalia • Appliances, furniture and other common household items • Landscaping equipment with fuels and oils (or Lithium-Ion Batteries) • Lumber (which can be a fuel if fire breaks out)
• Needles | Syringes
• Inoperative or junk vehicles, recreational vehicles, and car parts • Tires (which hold rainwater and provide mosquito breeding habitat) Data from the City’s Solid Waste Division in 2022 shows City crews collected 626 tons of waste from 749 encampments.
It is the City’s desire to protect public health and safety and its natural resources by maintaining clean, safe, and accessible City properties for all residents to enjoy, including parks, open space, and the public right of way. While the City is doing what it can to achieve this goal, the quality of life in our neighborhoods is failing to meet community expectations as expressed by the public in a 2022 ZenCity survey where homelessness solutions were identified as the top priority to be addressed.
Therefore, the proposed Ordinance will update the VMC to protect the life, health, and safety of all people in the city, recognizing that certain public lands within the geographical boundaries of the city pose significant health and safety hazards to people who make shelter or camp in these areas. In addition, some of these public lands, particularly those located within the Mojave Riverbed area and connected waterways, contain sensitive habitat and ecosystems. For example, Mojave desert vegetation containing Joshua trees, creosote bushes, and Cottonwood trees that provide habitat for various bird species and wildlife; and wetlands, especially during rainy seasons, which can support aquatic plants, waterfowl and grasslands, all of which are significantly impacted by unregulated human activity.
When adequate shelter beds are available, this proposed Ordinance would make it unlawful for any person to camp in or upon any public property within the city, unless otherwise authorized by the City Manager. In addition, it would make it unlawful, at any time regardless of the availability of shelter beds, for any person to camp or to have unauthorized encampments in the Sensitive Areas identified earlier in this Staff Report.
Many municipalities have regulations in place that prohibit camping in certain areas.
These regulations are enforced to maintain and protect public order, health, safety, and the vital operations of public facilities such as parks and government service buildings.
Encampments near public facilities can lead to increased litter, sanitation problems, and 3 3
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reduced access, negatively impacting the cleanliness and functionality of these spaces.
It is vital to maintain safe and accessible critical public facilities while encouraging people to use shelters instead of camping near such public facilities.
Environmental and Safety Concerns in Sensitive Areas Posed by Encampments The prevalence of fires and flooding in the Mojave Riverbed area has been an ongoing environmental concern. In recent years, numerous swift water rescues and fires have occurred in this area. By prohibiting encampments and camping activity in the City’s improved and unimproved public areas and along the City’s waterways, where fire risk is significantly higher and accessibility is low, the proposed Ordinance is designed to reduce fires and improve response by Fire-Rescue in high-risk fire and flood areas. Moreover, the proposed Ordinance should contribute to improved response times for other emergency calls by reducing the demand on the Fire-Rescue resources.
The public has expressed safety concerns relating to children who walk to school and activities associated with camping and encampments near elementary, middle, and high schools. Between January 1, 2021 to December 31, 2022, the City’s Code Compliance Department responded to 29 public complaints regarding such concerns related to school aged children, encampments and the reported illicit activities from encampments. These activities pose risks of students being exposed to illicit drug use, unintentional indecent exposures, violent behavior, and human waste, which impacts students’ emotional and mental well-being, security, and safety.
Moreover, the Community Services Department has identified a variety of health and safety impacts of camping and encampments within the boundaries of city parks including destruction of public property, vandalism, theft, and aggressive behaviors. Unregulated camping in City parks has caused damage to city park facilities.
Ordinance Implementation and Abatement of Encampments
The proposed Ordinance establishes a process for the City to clean-up (abate), encampments. The process preserves the belongings of individuals who leave them behind at an encampment, provides notice to people staying in an encampment about when clean-up activity will occur, and provides direction on how to collect any belongings that the City will store. To provide consistent procedures for the removal of occupied or unoccupied encampments, the City will post a written notice on each tent or structure giving a minimum of 24 hours for persons to remove belongings and advising occupants not to leave behind items they would like to keep. The City must further conduct the clean- up within 72 hours of posting a notice. If persons return to an encampment site during a clean-up, they will be allowed to remove their personal belongings. In addition, shelter will be offered to such persons, as will information on how to access shelter and services.
The Ordinance will require City staff to document the abatement process, which includes taking photographs of tents and belongings found in an encampment and opening bags to determine if items are eligible for storage. The proposed Ordinance provides guidance as to what types of items can and cannot be stored and the storage process. The location of where items are stored and how to collect stored items will be posted during abatement. 3 3
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The proposed Ordinance further provides the City with an expedited clean-up process that can be used when necessary to preserve health and safety and sensitive areas or if there is a significant risk of property damage, bodily injury, or death. Excluding situations that pose an imminent and immediate threat to property, bodily injury or death requiring abatement forthwith, in an expedited clean-up, the process in the Ordinance must still be followed, but the notice of clean-up can occur with only 3-hours’ advance notice.
Environmental Review
The proposed Ordinance is considered categorically exempt from CEQA under CEQA Guidelines Sections 15301(d) (Existing Facilities) and 15308 (Actions by Regulatory Agencies for Protection of the Environment). This ordinance prohibits unauthorized camping on public property deemed sensitive from a public health and safety perspective and/or an environmental perspective. The ordinance addresses public health and safety risks associated with the spread of disease and environmental contamination and reduces risks for people experiencing homelessness of serious harm or deaths related to vehicle or train incidents, being preyed upon by drug dealers, and accidental drug overdoses. Clearing encampments in parks, open space, and near schools would restore deteriorated existing public structures and facilities and would ensure that they are maintained in a manner that meets current standards of public health and safety, as covered in CEQA Guidelines Section 15301(d). CEQA Guidelines Section 15308 covers actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. Prohibiting unauthorized camping at any time in open space and near City waterways would protect environmentally sensitive areas and reduce water pollution from unregulated human activity. None of the exceptions to the exemptions outlined in CEQA Guidelines Section 15300.2 would apply.
Conclusion
In the interest of public health, safety, and welfare, and in conformity with the precedents of Martin and Johnson, updates to the City’s Municipal Code are necessary to address camping and storage of personal property in public areas and on public lands through a defined process and dignified manner. Therefore, staff is recommending the City Council take action to adopt Ordinance No. 2445.
Staff remains available for any questions or comments the City Council may have.
Attachments: A. Ordinance No. 2445 (Clean)
B. Blackline Version of Ordinance No. 2445 (Comparison to Existing VMC)
Attachment A
ORDINANCE NO. 2445
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE AMENDING IN PART CHAPTER 13.27 OF THE VICTORVILLE MUNICIPAL
CODE REGARDING THE REGULATION OF CAMPING OR STORAGE OF
PERSONAL PROPERTY IN PUBLIC AREAS
WHEREAS, the City of Victorville (“City” or “Victorville”) has the authority to regulate and ensure the public health, safety, and general welfare; and
WHEREAS, it is the obligation of the City to keep its streets, sidewalks, public rights of way and public properties clean, free of obstructions, debris, accessible, and available for public use, and to protect the public health, safety, and access by City constituents; and
WHEREAS, camping in certain areas has created unsanitary, unhealthy, disorderly, and dangerous conditions often with the accumulation of rubbish and trash that often impact pedestrians, vehicular traffic, public safety responders, and create unsanitary conditions due to the presence of human waste located on pedestrian paths that impact the health and safety to the general public; and
WHEREAS, the decision in Martin v. Boise (9th Cir. 2018) 902 F.3d 1031, (“Martin”) applies only to the issuance of criminal penalties for sitting, sleeping, or lying outside to persons experiencing homelessness who cannot obtain Shelter when additional, suitable locations to sleep or be are unavailable; and
WHEREAS, the Ninth Circuit qualified its holding, expressly stating that it was not suggesting “that a jurisdiction with insufficient Shelter can never criminalize the act of sleeping outside. Even where Shelter is unavailable, an ordinance prohibiting sitting, lying, or sleeping outside at particular times or in particular locations might well be constitutionally permissible.” (Martin, supra, at 1048, n. 8.) “[T]he opinion holds only that municipal ordinances that criminalize sleeping, sitting or lying in all public spaces, when no alternative sleeping space is available, violate the Eighth Amendment." (Ibid, citing Martin, supra, at 1035 [emphasis in original].); and
WHEREAS, in Johnson v. City of Grants Pass (9th Cir. 2023) 72 F.4d 868 (“Johnson”), the Ninth Circuit held that the prohibition on criminal sanctions in Martin applied to administrative citations issued to enforce similar ordinances in violation of the Eighth Amendment; and
WHEREAS, the City intends to act in compliance with the Martin and Johnson decisions by enforcing this Ordinance only after enforcement officials determine that there are current and suitable locations for uns heltered individuals to sleep or otherwise live within the City in accordance with City policies; and
WHEREAS, the establishment and presence of Encampments on, in, near or within 500 feet of youth-serving facilities impacts the ability of to safely access public facilities by obstructing pedestrian pathways or sidewalks , which are commonly used by parents and children to frequently utilize these sites , as well as exposing children to dangerous activities and environments, such as drug use, unsanitary conditions, lewdness, nudity, etc.; and
WHEREAS, in the two-year period from January 1, 2021 to December 31, 2022, the Victorville Homeless Engagement and Outreach Team proactively contacted and offered Shelter and other services to 617 unhoused individuals, resulting in 260 unsheltered individuals accepting Shelter or services, permitting clearance of any debris left behind, with the remaining 357 unsheltered individuals vacating the area, often leaving behind extensive amounts of rubbish and debris to be cleared by city sanitation staff; and
WHEREAS, in 2022, the City’s Sanitation and Code Compliance divisions removed a total of 626 tons of accumulated rubbish and trash from homeless Encampments throughout the City, resulting in approximately $38,000 in waste disposal expenses, and an additional $41,500 for 986 labor hours expended to clear 749 individual Camp sites and remove over 50 inoperative vehicles, for a total cost to the City of $79,500.00 in 2022; and
WHEREAS, wildfires are a frequent natural disaster in California, and when combined with accumulated rubbish from Encampments, cause significant harm and loss to individuals, communities, wildlife, and great swaths of natural landscape and the frequency, duration and size of wildfires have increased over the last several decades; and
WHEREAS, the Mojave Riverbed Area, although located within the City limits, is not zoned for residential use and therefor e lacks adequate services needed to support a safe living environment, contains dense and often dry vegetation that can easily ignite and accelerate a wildfire, endangering the adjacent and densely populated residential units , mobile home parks and businesses located nearby; and
WHEREAS, the Victorville Fire Chief has assessed the geographical conditions, is familiar with the frequency of Camping and Encampment activity within the Mojave Riverbed Area, as well as the related fire response calls, and has determined that the entire Mojave Riverbed Area creates an imminent fire hazard to En campment occupants, adjacent residential units , adjacent businesses and fire personnel and equipment based on the rough terrain and lack of lighting to safely maneuver large emergency response apparatus; and
WHEREAS, uns heltered persons located in the Mojave Riverbed Area experiencing homelessness are often reliant on open or kindled fires for everyday survival activities, including cooking food and keeping warm, which can increase the risk of nearby brush catching fire and rapidly spreading to surrounding residences and businesses; and
WHEREAS, in the two-year period from January 1, 2021 to December 31, 2022, the City’s Fire Department responded to 384 calls for service, where 100 of those calls were related to medical emergencies and 284 calls were related to fires throughout the Mojave Riverbed Area; and
WHEREAS, emergency responders encounter uneven, unstable, and steep terrain often at night with little to no light creating an unnecessary risk to police and fire emergency responders and to Encampment occupants; and
WHEREAS, unsheltered individuals living in remote high-fire zones may miss emergency notifications and may experience challenges in safely evacuating; and
WHEREAS, the Mojave Riverbed Area is environmentally protected due to unique ecosystems and wildlife habitat that significantly limit the City’s ability to proactively clear overgrown or dry brush and vegetation; and
WHEREAS, persons experiencing homelessness frequent and Camp in Waterways designed to move enormous amounts of water , resulting in severe and imminent hazards to life and safety for persons experiencing homelessness , outreach workers, and first responders including Victorville Fire and Police personnel; and
WHEREAS, The California Department of Forestry and Fire Protection's Fire and Resource Assessment Program (FRAP) assesses the amount and extent of California's forests and rangelands, analyzes their conditions and identifies alternative management and policy guidelines; and
WHEREAS, Fire Threat, according to FRAP, provides a measure of fuel conditions and fire potential in the ecosystem, representing the relative likelihood of “damaging” or difficult to control wildfire occurring for a given area; and
WHEREAS, Fire Threat can be used to assess the potential for impacts on various assets and values susceptible to fire, and impacts are more likely to occur and/or be of increased severity for the higher threat classes; and
WHEREAS, Fire Threat is a combination of two factors: 1) fire probability (the likelihood of a given area burning), and 2) potential fire behavior (hazard); when combined, these two factors create five Fire Threat classes ranging from low to extreme; and
WHEREAS, the FRAP Fire Threat Areas Map published in 2019 classified the Mojave Riverbed Area as a “High” Fire Threat Area; and
WHEREAS, efforts to notify or evacuate unsheltered persons experiencing homelessness in high-risk fire zones and Waterways pose a clear and imminent danger to staff engaged in attempting to immediately contact uns heltered persons and Encampment occupants due to the significant fire fuel sources or presence of swift water located in the riverbed during fires or flash flood events to prevent or mitigate loss of, or damage to life, health, property and/or essential services; and
WHEREAS, the 2022 Point-in -Time Homeless Count identified 455 Victorville residents experiencing homelessness, 224 of whom are unsheltered; and
WHEREAS, the 2023 Point-in -Time Homeless Count identified 607 Victorville residents experiencing homelessness, 317 of whom are unsheltered; and
WHEREAS, the City currently has a 92-bed interim Shelter where bed availability is verified daily by City staff, with additional Shelter beds available through community -based organizations that do not require adherence to religious beliefs or practices and do not infringe on other protected liberties; and
WHEREAS, the City has increased its proactive outreach with respect to offering Shelter and supportive services to the uns heltered population and coordinating transport for entry to its 92-bed interim Shelter; and
WHEREAS, the City ’s construction of a 170-bed Wellness Center Campus is nearing completion, which will increase available Shelter beds and provide supportive services both at the Campus and the surrounding community, where bed availability will continue to be verified daily by City s taff and outreach efforts executed by City Homeless Engagement and Outreach Teams will continue by engaging uns heltered persons and coordinating entry to the Wellness Center Campus; and
WHEREAS, the City Council, using its independent judgment, has determined that the Project will not have a significant effect on the environment and is categorically exempt from CEQA under CEQA Guidelines sections 15301(d) (Existing Facilities) and 15308 (Actions by Regulatory Agencies for Protection of the Environment) because the Project would prohibit encampments in public areas that would ensure public facilities are maintained in a manner that meets current standards of health and safety and prohibiting camping and encampments in open space and near waterways would protect environmentally sensitive areas and reduce water pollution from unregulated human activity; and
WHEREAS, City Council desires to protect the public health, safety, and welfare of its homeless and unsheltered individuals, first responders, residents, businesses, and visitors; and
WHEREAS, the City seeks to accomplish the aforementioned objectives in a manner that preserves the dignity and safety of all residents and in a manner calculated to promote compliance rather than enforcement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Recitals
The recitals set forth above are true and correct and are hereby incorporated by this reference as if set forth in their entirety.
Section 2. Additions, Deletions, and Revisions of Various Sections of Chapter
13.27 of Title 13 of the Victorville Municipal Code
That Chapter 13.27 of Title 13 of the Victorville Municipal Code be amended as follows:
Chapter 13.27 CAMPING AND STORAGE OF PERSONAL PROPERTY IN PUBLIC AREAS Sec. 13.27.010 Purpose.
The City has the authority to enact laws which promote the public health, safety, and general welfare of its residents and finds that certain public lands within the geographical boundaries of the City pose significant health and safety hazards to the people who make shelter or stay overnight in these areas and to adjacent residents and businesses operating near these areas.
Additionally, the City Council and the City Fire Chief find that some of these public lands are fire hazards due to dry vegetation, prone to wildfires and swift water, and pose significant life and property safety risks to unhoused and homeless residents, adjacent residents, and businesses caused by unregulated human activity. The Streets, Parks, and Public Areas within the City should be readily accessible and available to residents and the public at large. The use of these areas for Camping purposes or storage of Personal Property interferes with the rights of others to use the areas for which they were intended and poses risks to adjacent residents and business . The purpose of this chapter is to protect the health, safety, and general welfare of those individuals inhabiting these areas; to maintain Streets, Parks, and Public Areas within the City in a clean and accessible condition; to preserve and protect sensitive public lands to prevent destruction of these assets; and to establish a process for the collection, storage, and disposal, recycling, or reuse of Personal Property found in Encampments on public property.
Sec. 13.27.015 Definitions.
As used in this C hapter, the following words and phrases, when capitalized, shall have the definitions set forth in this Section. Words and phrases defined in this Section when used in the singular may include the plural and the plural may include the singular:
“Abatement” means the process of removing trash and debris, removing and disposing of, recycling, or reusing of waste at an Enc ampment according to the Enc ampment clearance process in section 13.27.040 and documenting and collecting eligible items for storage. "Camp" or “Camping” means to pitch, erect, or construct an Enc ampment remaining in the same area for a continuous period of time, not associated with ordinary recreational use of a specified location, or to use Camp Paraphernalia for the purpose of, or in a way that facilitates , outdoor sheltering for inhabitation purposes beyond 24 hours or for remaining outdoors overnight.
This excludes City facilities that limit use and occupancy as stated in the municipal code. "Camp Facilities" include, but are not limited to, tents, huts, or other temporary shelters used for habitation.
"Camp Paraphernalia" includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks or non-city designated cooking facilities, clothing, shoes, jackets, tents, sleeping bags, bedrolls, blankets, sheets, pillows, luggage, backpacks, bikes, tools, jewelry, audio/visual equipment, cooking equipment, home furniture, chairs, utility carts, documents, and medications. “Encampment” means one or more temporary, makeshift, or hand-built structures not intended for long-term continuous occupancy, including tents, or Camp Paraphernalia, that are used to s helter one or more persons or their belongings and that are not authorized by the property owner or connected to a permitted public event. “Mojave Riverbed Area” m eans all floodplains and levees of the Mojave River found within the boundaries of the City of Victorville.
"Open Space" means any undeveloped public property either primarily in its natural state, whether or not so designated by any land use or zoning ordinance, including desert, vacant lot, and unimproved Waterways, or that is held out by the City or used by the public for passive recreational purposes, conservation, habitat preservation, or that maintains or enhances the conservation of natural or scenic resources.
"Park" means the same as defined in Section 14.04.020 of this Code, which states that a Park is a park, reservation, playground, recreation center, or any other Public Area in the city, owned or used by the city, and devoted to active or passive recreation, or a special taxing district. "Personal Property” means any property that is not real property in accordance with California Civil Code section 663.
"Public Area" includes but is not limited to Parks, Streets, and Public Parking Lots as defined in this section, as well as those areas open to public use, improved or unimproved. "Public Parking Lot" means any public parking area, including but not limited to those described in Chapters 12.60 and 12.64 of this Code.
“Sensitive Area” means any of the following areas:
(1) On or within 500 feet of a school that offers instruction on those courses of study required by the California Education Code or that is maintained pursuant to standards set by the State Board of Education, provided that signs are posted prohibiting Camp ing that are clearly visible to students and pedestrians. For purposes of this definition, school does not include a vocational or professional institution of higher education, including a community or junior college, college, or university;
(2) On or within 500 feet of any Shelter ; provided that signs prohibiting Camping are posted at least at the main entry or access point to the Shelter and are clearly visible to patrons and pedestrians;
(3) On or within 500 feet of any Open Space, Waterway, or banks of a Waterway; (4) On or within 500 feet of any Transit Hub or train tracks ; provided that signs prohibiting Camping are posted at least at one entry or access point to the area and are clearly visible to patrons and pedestrians; and
(5) On or within 500 feet of any City -owned or operated building or facility, including Parks; provided that signs prohibiting Camping are posted at every facility entry or access point and are clearly visible to pedestrians.
“Shelter” means any City -funded Shelter or a Shelter provided as part of the Coordinated Entry System for placement of individuals or families experiencing homelessness to access beds and other services, or upon authority delegated to the City Manager by the City Council, an area specifically designated by the City Manager for use by individuals or families experiencing homelessness. A list of current Shelter s is provided on the City’s website and is available for public access.
"Store" means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location.
"Street" means the same as defined in Section 1.01.100( l) of this Code, which states that a Street includes all streets, highway, avenues, lanes, alleys, courts, places, squares, sidewalks, parkways, curbs, or other public ways in this city which have been or may hereafter be dedicated and open to public use, or such other public property as designated in any law of this state. “Transit Hub” means a multimodal transportation station serving as a drop off and pickup location for multiple bus routes.
“Unclaimed Property” means any Personal Property that is held for safe keeping for a period of ninety (90) days and has remained unclaimed by the apparent owner of such property. "Waterway" means all the areas of the Oro Grande Wash including channels that connect to the Oro Grande Wash, and the Mojave Riverbed Area, as previously defined herein.
Sec. 13.27.020 Unlawful Camping in public places.
(a) Unless otherwise permitted by law or permit, when Shelter is available, it is unlawful for any person to Camp; occupy Camp Facilities; erect an Encampment; erect, configure, construct, maintain, use, occupy, or allow to remain erected any Camp Facilities; light or kindle a fire except in an appropriate containment device provided or approved for that purpose by the Fire Chief or Building Official ; or use Camp Paraphernalia in the following areas, except as otherwise provided by resolution of the C ity Council and provided that notice of same is clearly and conspicuously posted at the areas:
(1) Any Street;
Created: 2022-10-14 13:58:48 [EST]
(Supp. No. 50, Update 3)
(2) Any Park;
(3) Any Open Space;
(4) Any Waterway, including any portion of the Mojave Riverbed Area; (5) Any Public Area, or
(6) Any Public Parking Lot.
(b) At all times, regardless of the availability of Shelter space or beds, it is unlawful for any person to Camp; occupy Camp Facilities; erect an Encampment; erect, configure, construct, maintain, use, occupy, or allow to remain erected any Camp Facilities; or use Camp Paraphernalia in any Public Area where such activity poses:
(1) an immediate threat or an unreasonable risk of harm to any natural person, (2) an immediate threat or an unreasonable risk of harm to public health or safety, or (3) disruption to vital government services.
(c) At all times, regardless of the availability of Shelter space or beds, it is unlawful for any person to Camp, occupy Camp Facilities, erect an Encampment, erect, configure, construct, maintain, use, occupy, or allow to remain erected any Camp Facilities ; or use Camp Paraphernalia in any Sensitive Area as defined in Section 13.27.015.
Sec. 13.27.025 Unlawful Camping in Waterways and Mojave Riverbed Area. (a) Unless otherwise permitted by law or permit and regardless of the availability of Shelter space or beds, it is unlawful for any person to do any of the following within Waterway s or Sensitive Areas located within the City of Victorville City limits:
(1) Camp, build, or erect a structure of any type along the banks of any Waterway, or drive a nail or other object into any tree or other natural area of vegetation for the purpose of building an Encampment or any other structure, or to affix an object to any tree or other natural vegetation;
(2) Move boulders or large rocks, destroy vegetation, damage paved roads or paths created by the City, or otherwise reconfigure the natural landscape in the waters of or along the banks of a Waterway;
(3) Drive, park, or bring any vehicle along the banks of a Waterway , except in places specifically provided and designated for vehicular use; (4) Dig on, excavate, or compromise the integrity of the banks of a Waterway; (5) Discharge or store waste, including garbage, refuse, or human or animal waste, along the banks or into the waters or sediment area of a Waterway; (6) Unless approved by the City Fire Chief or by a permit issued by a state or federal government entity, create, ignite, or make any fire including the use of any heat source used for cooking, heating, or warming;
(7) Camp, build, or erect a structure of any type in a Sensitive Area as defined in section
13.27.015.
(b) Nothing in this section 13.27.025 is intended to prohibit the activities of an owner of private property or other lawful user of private property that are normally associated with and incidental to the lawful and authorized use of private property; and nothing is intended to prohibit the activities of a lawful user if such activities are expressly authorized by the City Manager or by any law, regulation, permit, order or other directive from a regulatory authority.
Sec. 13.27.030 Storage of Personal Property in public places. (a) Unless otherwise permitted by law or permit, when Shelter is available, it is unlawful for any person to store Personal Property, including, without limitation, Camp Facilities and Camp Paraphernalia, in the following areas, except as otherwise provided by resolution of the City Council:
(1) Any Street;
(2) Any Park;
(3) Any Open Space;
(4) Any Public Area, improved or unimproved, including any portion of the Mojave Riverbed Area; or
(5) Any Public Parking Lot.
(b) At all times, regardless of the availability of Shelter space or beds, it is unlawful for any person to store Personal Property, including, without limitation, Camp Facilities and Camp Paraphernalia, in the following areas, except as otherwise provided by resolution of the city council:
(1) Waterways
(2) Sensitive Areas
(c) Regulations relating to the storage of Personal Property on private property is covered in Title 16, Chapter 6, Article 13 of this Code
Sec. 13.27.035 Abandoned Personal Property
(a) Any Personal Property or possessions left unattended in or on any Public Area for a period longer than 24 hours and the owner cannot be readily identified or located, are presumed to be intentionally abandoned in accordance with California Civil Code section 2080.7.
Enforcement Officials shall make a reasonable effort to ascertain whether the unattended Personal Property or possessions have been abandoned and, if so, to thereafter cause the removal of said property. Any Personal Property or possessions found during an Abatement procedure shall be processed in conformity with Subdivisions (a)(1), (a)(5), (a)(6), and (a)(7) of Section 13.27.040 of this Chapter.
(b) Unattended Personal Property or possessions that are unsanitary, soiled, verminous or create an immediate hazard to pedestrians or vehicles may be summarily abated and destroyed. Unattended Personal Property or possessions that are recyclable may be disposed of in an appropriate manner.
(c) Any Unclaimed Property, including unclaimed bicycles, shall be held in the possession of the City’s Code Enforcement Department for a period not exceeding ninety ( 90) days. Any Unclaimed Property remaining after that period may be destroyed.
Sec. 13.27.040 Abatement Procedures.
Abatement in Public Areas. When Shelter is available, the City Manager or designee may remove Personal Property, Camp Paraphernalia, and all other property, contraband, litter, and waste found at an Encampment or at a location where a person is engaged in unlawful Camping in Public Areas in compliance with the following procedures:
(a) Notice of Clean-up Required Prior to Abatement. A Notice of Clean-Up (in English and Spanish) will be posted on each tent or structure and in any other distinct areas of the Enc ampment providing notice of the date and time at which of Abatement/cleanup will occur and giving a minimum of twenty -four (24) hours for persons to remove their Personal Property . The City Manager or designee shall provide any persons at an Enc ampment with information related to Shelter s and services and direct them to remove their Personal Property (belongings) from the site.
The City Manager shall evaluate reasonable requests for additional time or assistance to remove items and may accommodate those requests to the extent practicable. The written Notice of Clean-Up shall also include:
(1) A statement that Personal Property located at the Encampment must be removed from the site within twenty -four (24 ) hours and advising that Personal Property should not be left behind.
(2) A statement indicating that the City Manager or designee may conduct the Abatement within seventy -two (72) hours of the posted Notice of Clean-Up without reposting a new Notice of Clean-Up.
(3) A statement advising Encampment occupants of the date and time at which cleanup will commence and advising Encampment occupants of the date and time by which all Encampment occupants must vacate the Encampment site and remove their items of Personal Property.
(4) A statement that Personal Property , including without limitation Camp Paraphernalia left behind will be cleared by the City (such description of Personal Property may refer to an attached photograph). (5) A statement that Personal Property items deemed intact and of value will be stored by the City for ninety (90) days following the completion of the Abatement/cleanup and information as to where, when, and how and such Personal Property items so stored can be reclaimed.
(6) A statement that the City will post a Notice of Completed Clean-Up in the event Personal Property is stored during the clean-up process. (7) A statement that the Notice of Clean-Up may be updated and re-posted by the City Manager or designee to provide accurate and current information. (8) Information that access to Shelter or services, including access to storage for Personal Property, is available through the City of Victorville Code
Compliance Department.
(b) Posting of Notice of Completed Clean-up. Once Abatement/cleanup of an Encampment has occurred, following the giving of notice in accordance with the provisions of subsection (a) above, a written Notice of Completed Clean-up must be posted, in order to provide adequate notice. The Notice of Completed Clean-up must be posted in accordance with the following rules:
(1) The Notice of Completed Clean-up must be posted immediately once the cleanup process has been fully completed.
(2) The Notice of Completed Clean-up shall state the date and time at which the Encampment cleanup process was completed and shall provide information the former inhabitants of the Encampment as to where, when, and how they may reclaim any Personal Property that was removed and stored during the cleanup process.
(3) Posting of the Notice of Completed Clean-up must be in a prominent place and located within the same area that was cleared. For locations where there is no place to affix the notice, City staff will erect a signpost on which to post the Notice of Clean-up and Completed Clean-up.
(4) Staff must document the posting of the site by taking a date-stamped photograph of all notices posted.
(5) Staff shall retain copies of all posted notices in accordance with the City’s adopted records retention policy.
(c) Delayed Cleanup. The City Manager or designee shall conduct Abatement/cleanup of the site on the date specified in the Notice of Clean-Up no sooner than twenty-four (24) hours after said notice is initially posted. If Abatement is delayed or rescheduled, the City Manager or designee may conduct Abatement within seventy-two (72) hours of the posted Notice of Clean-Up without reposting a new Notice of Clean-Up. If Abatement is delayed beyond seventy-two (72) hours after the initial posting of the Notice of Clean-up, the City Manager shall repost a new Notice of Clean-up with a new clearance date.
(d) Abatement Documentation. The City Manager or designee shall document the Abatement process as follows:
(1) photograph the site before any Abatement begins,
(2) open backpacks, purses, suitcases, and other small storage containers for purposes of safekeeping inventory and to determine whether they contain items eligible for storage,
(3) set out items contained in bags or suitcases and photograph the items, (4) photograph all items to be stored,
(5) A photo of the cleanup process, and
(6) A photograph of the site after Abatement has concluded. (7) Contact appropriate law enforcement agencies in the event illegal or dangerous materials, or other evidence of criminal activity, are discovered during an inventory search conducted for the purposes of safekeeping Personal Property.
(8) Staff shall retain copies of all Abatement documentation in accordance with the City’s adopted records retention policy.
(e) Storage of Personal Property. Items found during an Abatement of any Camp site or Encampment shall be put into storage, unless they meet one of the following disqualifying conditions:
(1) items are hazardous, including items contaminated with human waste, animal waste, are soiled, or infested with bugs, explosives, weapons, liquids, drug paraphernalia, or mold;
(2) items are likely to become hazardous in storage, including perishables, wet materials that might become moldy, and items covered in mud; (3) items are practically un- storable, due to large size, weight, or other similar characteristics;
(4) items are shattered, crumbled, collapsed, or rendered inoperable due to missing components;
(5) items constitute contraband or are otherwise indicative of criminal activity.
The City Manager or designee shall record each eligible item to be stored, including the location in which it was found and the date of storage. Any stored items shall be kept in storage at least ninety (90) calendar days and then may be disposed of.
(g) Enforcement.
(1) City enforcement officers shall not issue a criminal citation to enforce a violation of Section 13.27.020(a) between the hours of 9:00 p.m. and 5:30 a.m. or when the person is on public or private property at a time when there is no available Shelter.
(2) For purposes of this Chapter, “available Shelter” or “when Shelter is available” means that Shelter is reasonably available to the person at the time enforcement is taking place and taking into consideration any disability or other specific circumstances applicable to that person. Prior to any enforcement of a violation of this Chapter which is conditioned upon available Shelter, City enforcement officers shall comply with all policies in effect to identify appropriate, available Shelter and offer to aid in relocating the person in violation to said Shelter.
(3) Sections 13.27.020(b) and (c) and 13.27.025(a) are enforceable at all times, regardless of Shelter availability.
(h) Expedited Abatement. The City Manager or designee shall prioritize and expedite
the removal of an Encampment or Personal Property if:
(1) the City maintains an active, valid trespass agreement with the property owner; or
(2) the Encampment or Personal Property violates Sections 13.27.020(b) or (c), Section 13.27.025, or Sections 13.27.030(b)(1) or (b)(2) of this Chapter. (3) the City Manager or designee observes and determines that the Encampment or Personal Property creates a condition that presents an imminent and immediate threat to property damage, bodily injury, or death where in such situations and in the interest of protecting life, removal is required forthwith.
In an expedited Abatement , the City Manager or designee shall follow the same Abatement and storage procedures in Section 13.27.040(a)(3) and (4), excluding section 13.27.040 (h)(3), shall post a Notice of Clean-Up giving a minimum of three (3) hours’ notice for all persons to remove their Personal Property in a manner reasonably calculated to provide actual notice, taking into consideration any disability or other specific circumstance applicable to that person and providing assistance to accommodate said disability or circumstance.
Sec. 13.27.045 Exceptions.
Camping shall be permissible under the following circumstances:
(1) Any commercial use where Camp ing is authorized and established as a permitted or conditional use pursuant to Title 16 of this Code;
(2) Any facility owned and operated by the United States Government, state of California, county of San Bernardino, or special district, wherein by their rules or regulations Camping is permitted; and
(3) Any Camping activities authorized by the C ity of Victorville pursuant to established regulations.
Sec. 13.27.050 Interference with Abatement.
No person shall willfully prevent, delay, resist, obstruct, or otherwise interfere with a City official, employee, contractor, or volunteer in their execution of an Abatement pursuant to this Chapter.
Sec. 13.27.055 Violations and Penalties.
Any person violating any provision or regulations established under this C hapter is subject to the following:
(a) For the first offense, the enforcement officer shall issue a notice of violation. (b) For the second offen se after the expiration of timeframe to comply with a notice of violation, the enforcement officer shall issue an administrative citation forthwith in the amount of $20.00 per violation. Contents, service, and appeal of the citation shall comply with Sections 1.05.070, 1.05.080, and 1.05.090 of this Code. (c) For the third and subsequent offens es after the expiration of timeframe to comply with a notice of violation and the issuance of the above administrative fine, provided that Shelter is available or that enforcement of the provision(s) of this Chapter violated are not among
those contingent upon Shelter availability, the enforcement officer shall issue a notice to appear for each violation as a misdemeanor in accordance with Chapter 1.04 of this Code. (d) Each day a violation is committed or permitted to continue shall constitute a new and separate offense.
(e) N othing in this Section is intended to prohibit the City Manager or designee from executing a clearance of an Encampment or Personal Property in accordance with the provisions of Section 13.27.040.
Section 3. California Environmental Quality Act.
The City Council finds that the adoption of this Ordinance will not have a significant effect on the environment and is categorically exempt from CEQA under CEQA Guidelines sections 15301(d) (Existing Facilities) and 15308 (Actions by Regulatory Agencies for Protection of the Environment) because the Project would prohibit encampments on public property that would ensure public facilities are maintained in a manner that meets current standards of health and safety and prohibiting camping and encampments in open space and near waterways would protect environmentally sensitive areas and reduce water pollution from unregulated human activity.
Section 4. 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 5. 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 6. Effective Date.
This Ordinance shall take effect thirty (30) days after its final passage.
Section 7. 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.
Item Number: 2
City Council / Board of Directors
Public Hearing(s)
Meeting of: November 7, 2023
Submitted By:
Fredy Bonilla, City Engineer
Subject:
Pressure Reducing Valve at Mojave Drive and Amethyst Road – Notice of Exemption and Award of Construction Contract
Recommendation:
That the Honorable Water District Board of Directors:
(1) Open and conduct a Public Hearing to receive testimony regarding the proposed capital improvement project (CIP);
(2) Close the Public Hearing;
(3) Approve the Notice of Exemption and authorize staff to file the notice with the Office of Planning and Research and the County Clerk; and (4) Award a construction contract to Kirtley Construction, Inc. dba TK Construction, in the amount of $365,600, for the Pressure Reducing Valve at Mojave Drive and Amethyst Road Project.
Fiscal Impact:
The recommended action will result in a fiscal impact of $365,600. This project will be funded by the Water Fund, No. 410. An additional appropriation is not required, there are sufficient funds available in the project budget to cover the planned expenses. Please refer to the table below that shows the account number, associated available budget, and total budget.
Account Number Available Budget
4104500-55360-74497 $490,000
Total: $490,000
Strategic Plan Goal:
This item aligns with “Goal E Invest in Infrastructure" in the City of Victorville Strategic Plan 2023-2026. The project will create a second water feed to Southern California 3 3
4 7
Logistics Airport (SCLA), providing redundancy and resulting in a more reliable domestic water system.
Background:
In May 2023, SCLA suffered a complete water outage. A water valve was damaged during a routine exercising (turning) of the valve, leaving it in the closed position. This occurred on the transmission main along El Evado Road that feeds SCLA. The single 21” transmission main (“single feed”) which splits into two and becomes a dual feed at the intersection of Tawney Ridge Lane and El Evado Road was out of service for 8 hours until the valve was repaired by the City’s on-call emergency contractor.
Construction projects that may result in a significant and adverse change in the environment require an environmental review per the California Environmental Quality Act (CEQA). It is a routine requirement to comply with CEQA before construction starts on a CIP. The City must review all public works projects to determine how they will comply with CEQA requirements before making a discretionary recommendation of approval of a construction project prior to award of a construction contract.
The California Code of Regulations Title 14, Division 6, Chapter 3 provides guidelines for the implementation of CEQA. Article 5 of such guidelines identifies certain types of projects which have been determined not to have a significant effect on the environment and which are exempt from the provisions of CEQA. City staff evaluated the scope of this project and determined it is Categorically Exempt under Article 19, Section 15301(b):
Existing Facilities (Class 1) of the CEQA guidelines. The project is a minor alteration of existing public infrastructure involving no expansion of existing facilities or formal use.
Pursuant to Article 5, Section 15061, after determining that a project is exempt from CEQA, and once the project is approved by its governing body, the Notice of Exemption will be recorded to initiate a 35-day statute of limitations for any appeals submitted from a party feeling a categorical exemption is being improperly used to limit the possibility of legal challenge. Please see Attachment B, the Notice of Exemption to be recorded.
Discussion:
This project involves constructing a 12-inch Pressure Reducing Valve (PRV) station and a flow meter at the intersection of Mojave Drive and Amethyst Road. This will provide a connection between two pressure zones. It will interconnect pressure zone 3290 to one leg of the split feed that supplies SCLA, pressure zone 3170. The proposed PRV station will enable the Water District to continue to feed SCLA in case of an emergency shut off or outage from a different source. Please see Attachment A, location map.
The project plans, special provisions, and bid package were prepared in-house by Engineering staff. Construction management of this project will also be performed by Engineering staff. This project was bid using formal bidding procedures in accordance with Victorville Municipal Code §2.28.210 and the California Public Contract Code.
Advertising of the project began on August 22, 2023, when a Notice Inviting Bids was e- mailed to potential bidders, posted on the City of Victorville website and published in 3 3
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newspaper(s) of general circulation within the City. On September 21, 2023, six (6) bids were received and publicly read aloud. The bid results are shown below:
Company Bid Amount
Kirtley Construction, Inc. dba TK Construction $365,600 R.E Chaffee Construction Inc $373,560
Kerns, Inc $395,900
The Van Dyke Corp $423,400
T.E. Roberts, Inc $431,247
Gentry Gen. Engr $463,800
After a careful review and tabulation of the bid proposals, staff determined that the lowest responsive and responsible bidder is Kirtley Construction, Inc. dba TK Construction. The Engineer’s estimate for this project was $300,000. The current low bid is 22 percent above the estimate. The price increase for construction is attributed to higher costs for materials, equipment, and labor. The next highest bid was approximately two percent higher than the low bid.
Staff recommends that the Honorable Water District Board of Directors approve the Notice of Exemption and award a construction contract to Kirtley Construction, Inc. dba TK Construction for the Pressure Reducing Valve at Mojave and Amethyst Project in the amount of $365,600.
Staff is available for any questions the Board may have.
Attachments:
A. Location Map
B. Notice of Exemption
C. Construction Contract
ATTACHMENT A
ATTACHMENT B
N
otice of Exemption
To
: County Clerk From: City of Victorville
County of San Bernardino 14343 Civic Drive
385 North Arrowhead Avenue, Second Floor Victorville, CA 92392 San Bernardino, CA 92415-0130 Engineering Dept.
P
roject Title: PRV at Mojave and Amethyst
A
ctivity Location - Specific: NW corner of Mojave Drive and Amethyst Road A
ctivity Location - City: Victorville Activity Location - County: San Bernardino D
escription of Activity: The project will create a second water feed to Southern California Logistics Airport (SCLA), resulting in a more reliable domestic water system.
N
ame of Public Agency Approving Activity: City of Victorville N
ame of Person or Agency Carrying Out Activity: Fredy Bonilla, City Engineer E
xemption Status:
Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Categorical Exemption. State type and section number: Class 1 15301(b) S tatutory Exemptions. State code number:
Reasons why project is exempt : The project involves construction of a 12-i nch PRV station and a flow meter at the intersection of Mojave Drive and Amethyst Road in an already developed intersection.
Lead Agency Contact Person: Fredy Bonilla, City Engineer Area Code/Telephone Extension: (760) 955-5170
If filed by applicant:
1. A
ttach certified document of exemption finding.
2. Has a Notice of Exemption been filed by the public agency approving the project:
Yes No
S
ignature: Date: Title: City Engineer
S igned by Lead Agency
Signed by Applicant
Authority cited: Sections 21083 and 2110, Public Resources Code. Date Received for filling at OPR:
Reference: Section 21108, 21152 and 21152.1, Public Resources Code.
ATTACHMENT C
City of Victorville, Project CC24-022 Kirtley Construction, Inc. dba TK Construction Page | 1
CONSTRUCTION CONTRACT BY AND BETWEEN
THE CITY OF VICTORVILLE AND
KIRTLEY CONSTRUCTION, INC. DBA TK CONSTRUCTION
FOR
PRV AT MOJAVE AND AMETHYST PROJECT
CITY PROJECT NO. CC24-022
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 Kirtley Construction, Inc. dba TK Construction, 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 construction of PRV at Mojave and Amethyst Project as more fully described in the solicitation documents issued by the City for Project No. CC24-022 (the “Project”); and
WHEREAS, on August 22, 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 and other obligations encompassed by this Contract; and
WHEREAS, at its meeting held on ________________________, 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:
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.
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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) This 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); (2) Change Orders issued and approved by the City;
(3) Regulatory Permits from other agencies specified in Appendices A and B of the bid package or as may otherwise be required by law;
(4) Bid Addenda issued by the City;
(5) Notice Inviting Bids and Instructions to Bidders;
(6) Special Provisions
(7) Greenbook 2021 Edition
(8) Appendices
(9) Plans
(10) Bid Forms and attachment thereto;
(11) Faithful Performance Bond;
(12) 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 required 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 performance standards required by the Contract Documents, and to the satisfaction of Fredy A. Bonilla, P.E., City Engineer, or his designee (hereinafter the “Project Manager”).
Section 4. CONTRACT PRICE; PAYMENT AND RETENTION
a. As 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 Three Hundred Sixty-five Thousand Six Hundred and 00/100 Dollars , ($ 365,600.00) (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.
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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 Fifteen (15) WORKING DAYS, commencing within Fifteen (15) 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.
(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.
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(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 effected 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. (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 Subcontrac tors, 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 extended 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 default 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:
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(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 prosecute the Work to completion;
(3) disregards written instructions from the City or materially violates provisions of the Contract Documents;
(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 timely 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 covered by under Labor Code Sections 1720 and 1720.9. Contractor shall be responsible for using the correct and current prevailing wage rates. Contractor shall be solely responsible for using the correct wage decision or determination and performing accordingly. An error on the part of any awarding body does not relieve the Contractor from the responsibility for payment of the correct prevailing wage.
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.
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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 required 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.
f. Other Labor Requirements. Contractor has the responsibility for and shall comply with all other requirements of California Labor Code Section 1720 et seq., the Regulations, and all other applicable State labor laws. Contractor further acknowledges and agrees that it will be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with those laws. Contractor will require the same of all its Subcontractors.
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
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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) The 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 in violation of the provisions of this subsection. In awarding any contract for public work, Contractor must forfeit to City Twenty-five Dollars ($25.00) per day for each worker who works in excess of the minimum working hours when Contractor does not pay overtime. 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.
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 ($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 Documents, 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.
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.”
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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) Comprehensive General and Automobile Liability Insurance . Contractor shall procure and maintain at its own expense, during the term of this Agreement, comprehensive general liability insurance, of not less than Two Million Dollars ($2,000,000.00) per occurrence, and Four Million Dollars ($4,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or damage resulting from the wrongful or negligent acts by the Contractor or its officers, employees, servants, volunteers, and agents, and independent contractors. Contractor shall further procure and maintain, at its own expense, during the Term of this Agreement, Commercial Vehicle Liability Insurance covering person injury and property damage, of not less than One Million Dollars ($1,000,000) combined single limit, covering any vehicle utilized by Contractor or its officers, employees, servants, volunteers, or agents and independent contractors in performing the services required by this Agreement.
(2) 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.
(3) Installation Floater. The Contractor shall purchase and maintain insurance to the full contract an insurable value thereof, commonly referred to as Installation Floater coverage. (1) Pollution Liability Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions applicable to the work being performed. Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and $1,000,000 aggregate per policy period of one year.
(2) 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 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.
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(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) Special Provisions. Any additional insurance requirements set forth in Section 5-4 of the Special Provisions shall also apply to this Contract.
(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 Non- contributory.
(3) Subcontractors. Contractor must ensure that each Subcontractor is 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.
Section 14. Reserved.
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
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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 defend any action or actions filed in connection with any of said Claims or Liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith;
(2) Contractor will promptly pay any judgment rendered against 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; (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 Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances Control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter- Cologne Water Quality Control Act, as any of those statutes may be amended from time to time.
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.
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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 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 agreements, 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 agreement, statement, or promise with respect to the subject matter of the Contract Documents, which is not contained in the Contract Documents, or in a valid modification or amendment to the Contract Documents, shall be valid or binding on either Party.
Section 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 expre ssly 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:
To City: Fredy A. Bonilla, P.E., City Engineer
Engineering Department City of Victorville
14343 Civic Drive
Victorville, CA 92392
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To Contractor: Troy Kirtley, President
Kirtley Construction, Inc. dba
TK Construction
740 W. 40th Street
San Bernardino, CA 92427
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. Each Party hereto has consulted with its attorneys and has negotiated the terms of this Contract based on such consultation.
Section 24. BONDS
Concurrently with the execution 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.
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.
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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 personal 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 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.
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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 each 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
Contractor is an independent contractor. All persons working for or under the direction of the Contractor are the Contractor's employees, agents, or subcontractors, and they shall not be deemed agents, servants, or employees of the 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 against 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.
(END OF THIS PAGE – SIGNATURE PAGE FOLLOWS)
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IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be executed as of the dates written below.
THE CITY OF VICTORVILLE KIRTLEY CONSTRUCTION, INC. DBA
TK CONSTRUCTION
By: By:
Debra Jones, Mayor Troy Kirtley, 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:
P:\APPS\WPDATA\VVCA\0001-45 AGREEMENTS REVIEW & TEMPLATES 2021 \STATE PUBLIC WORKS PKG 2022\ SEPARATE SECTIONS OF STATE BID PKG 03.01.22\ 801.4-SAMPLE STATE PKG CONTRACT REVISED FROM FED FOR OLD TOWN CLEAN 05.05.22.DOCX
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EXHIBIT A
CONTRACTOR'S BID PROPOSAL
See Attachment
EXHIBIT A, CONTRACTOR'S BID, PROJECT CC24-022
17/City of Victorville Project CC24-022/Kirtley Construction, Inc. dba TK Construction EXHIBIT A, CONTRACTOR'S BID, PROJECT CC24-022
18/City of Victorville Project CC24-022/Kirtley Construction, Inc. dba TK Construction
Item Number: 3
City Council / Board of Directors
Consent Calendar
Meeting of: November 7, 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. 3A for Payroll Period August 18, 2023, through September 1, 20 23, in the amount of $2,204,078.85 covering Check No s. 33666 through 33681, including Vendor checks.
Please note employee Check No s. 33670 and 33672 has a live Check and an EFT Advice. Also included are Advice Nos. 304606 through 305125, per adopted budget for Fiscal Year 2023-2024 (period covering July 1, 2023, through June 30, 2024).
Fiscal Impact:
A total fiscal impact of $2,204,078.85 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 090123
Attachment A
Payroll Report PPE 090123
City of Victorville Council Payroll Report Page 1 of 14 09/11/2023 Total Net
$142.48
$54.47
$88.00
$718.37
$1,493.78
$1,487.06
$1,165.06
$239.92
$189.61
$567.79
$123.83
$5.00
$250.00
$422.31
$175.00
$423.00
7,545.68
Checks
City of Victorville
City Council Payroll Report
Payroll Period Beginning: August 18, 2023 through September 01, 2023 Check Number Employee ID Check Date
33666 3680 09/06/2023
33667 3783 09/06/2023
33668 3782 09/06/2023
33669 3466 09/08/2023
33670 2705 09/08/2023
33671 3816 09/08/2023
33672 3791 09/08/2023
33673 3765 09/08/2023
33674 3664 09/08/2023
33675 3776 09/08/2023
33676 3777 09/08/2023
33677 240 09/08/2023
33678 1182 09/08/2023
33679 13491 09/08/2023
33680 18154 09/08/2023
33681 20821 09/08/2023
Checks Total
City of Victorville Council Payroll Report Page 2 of 14 09/11/2023 Check Number Employee ID Check Date Total Net
33670 2705 09/08/2023 $2,000.00
33672 3791 09/08/2023 $0.00
304606 3528 08/28/2023 $2,228.18
304607 1901 09/06/2023 $111,380.84
304608 3815 09/06/2023 $54.47
304609 3787 09/06/2023 $108.95
304610 3575 09/06/2023 $153.48
304611 3608 09/08/2023 $3,019.03
304612 1099 09/08/2023 $846.20
304613 3758 09/08/2023 $3,310.52
304614 3243 09/08/2023 $3,947.82
304615 2115 09/08/2023 $5,494.31
304616 3142 09/08/2023 $1,761.64
304617 3640 09/08/2023 $1,930.96
304618 3297 09/08/2023 $754.67
304619 3551 09/08/2023 $674.28
304620 3458 09/08/2023 $545.04
304621 3229 09/08/2023 $4,453.63
304622 3283 09/08/2023 $3,013.34
304623 1064 09/08/2023 $7,573.66
304624 3809 09/08/2023 $1,748.16
304625 3467 09/08/2023 $2,067.42
304626 3727 09/08/2023 $2,069.17
304627 1706 09/08/2023 $4,579.60
304628 2395 09/08/2023 $3,645.44
304629 3764 09/08/2023 $2,402.99
304630 2210 09/08/2023 $3,869.63
304631 3700 09/08/2023 $1,859.82
304632 3747 09/08/2023 $1,930.62
304633 3625 09/08/2023 $1,496.30
304634 2624 09/08/2023 $2,516.52
304635 3043 09/08/2023 $2,082.75
304636 3031 09/08/2023 $2,860.27
304637 1748 09/08/2023 $2,674.67
304638 3019 09/08/2023 $4,604.63
304639 3638 09/08/2023 $3,254.83
304640 3561 09/08/2023 $2,501.81
304641 1903 09/08/2023 $1,789.82
304642 3616 09/08/2023 $2,846.15
304643 3630 09/08/2023 $1,873.87
304644 3527 09/08/2023 $2,169.00
304645 2682 09/08/2023 $2,259.57
304646 2627 09/08/2023 $2,017.73
304647 2366 09/08/2023 $1,859.62
304648 3750 09/08/2023 $1,966.32
304649 2594 09/08/2023 $3,081.40
304650 3521 09/08/2023 $2,412.09
Advices
City of Victorville Council Payroll Report Page 3 of 14 09/11/2023 Check Number Employee ID Check Date Total Net
Advices
304651 3695 09/08/2023 $2,169.41
304652 2093 09/08/2023 $1,696.80
304653 3697 09/08/2023 $4,986.66
304654 1973 09/08/2023 $3,489.29
304655 2019 09/08/2023 $2,518.98
304656 3753 09/08/2023 $2,314.28
304657 3494 09/08/2023 $3,017.15
304658 2102 09/08/2023 $3,038.69
304659 2233 09/08/2023 $3,488.68
304660 3744 09/08/2023 $1,873.04
304661 2606 09/08/2023 $2,313.53
304662 3660 09/08/2023 $1,687.52
304663 3046 09/08/2023 $2,092.61
304664 1635 09/08/2023 $4,107.09
304665 3653 09/08/2023 $2,443.88
304666 3327 09/08/2023 $2,131.55
304667 3752 09/08/2023 $1,966.17
304668 3242 09/08/2023 $2,992.68
304669 2618 09/08/2023 $1,996.75
304670 3573 09/08/2023 $1,731.74
304671 2619 09/08/2023 $2,409.22
304672 2603 09/08/2023 $1,829.14
304673 2491 09/08/2023 $2,325.56
304674 2235 09/08/2023 $2,891.50
304675 2300 09/08/2023 $3,450.48
304676 3754 09/08/2023 $2,435.14
304677 2032 09/08/2023 $3,426.01
304678 3045 09/08/2023 $2,715.10
304679 3499 09/08/2023 $2,405.06
304680 3755 09/08/2023 $1,929.39
304681 3362 09/08/2023 $2,405.88
304682 2297 09/08/2023 $2,056.26
304683 2232 09/08/2023 $2,851.80
304684 1957 09/08/2023 $3,012.23
304685 3290 09/08/2023 $2,167.67
304686 3085 09/08/2023 $4,228.35
304687 3246 09/08/2023 $3,199.14
304688 2042 09/08/2023 $4,233.99
304689 3714 09/08/2023 $1,667.44
304690 3742 09/08/2023 $1,721.36
304691 2323 09/08/2023 $3,390.87
304692 1767 09/08/2023 $2,818.52
304693 3508 09/08/2023 $2,250.25
304694 3740 09/08/2023 $1,801.62
304695 2225 09/08/2023 $4,148.62
304696 3544 09/08/2023 $1,761.68
304697 3221 09/08/2023 $2,791.64
304698 3627 09/08/2023 $2,890.80
City of Victorville Council Payroll Report Page 4 of 14 09/11/2023 Check Number Employee ID Check Date Total Net
Advices
304699 3757 09/08/2023 $3,355.68
304700 1533 09/08/2023 $2,473.30
304701 2833 09/08/2023 $2,233.01
304702 2211 09/08/2023 $5,029.87
304703 3497 09/08/2023 $2,029.59
304704 1426 09/08/2023 $1,110.30
304705 3105 09/08/2023 $1,812.32
304706 3703 09/08/2023 $2,040.52
304707 2254 09/08/2023 $3,019.38
304708 3618 09/08/2023 $2,107.13
304709 3482 09/08/2023 $2,116.46
304710 3724 09/08/2023 $1,165.06
304711 3354 09/08/2023 $3,794.87
304712 3011 09/08/2023 $1,738.86
304713 3295 09/08/2023 $1,756.40
304714 3400 09/08/2023 $2,431.21
304715 3184 09/08/2023 $5,431.64
304716 3547 09/08/2023 $1,165.06
304717 3673 09/08/2023 $1,165.06
304718 3288 09/08/2023 $1,687.44
304719 3702 09/08/2023 $1,911.28
304720 2742 09/08/2023 $2,840.24
304721 3089 09/08/2023 $3,149.82
304722 3641 09/08/2023 $1,707.78
304723 2379 09/08/2023 $2,186.65
304724 3672 09/08/2023 $1,165.06
304725 3634 09/08/2023 $2,765.48
304726 2711 09/08/2023 $1,723.87
304727 3639 09/08/2023 $1,578.83
304728 3586 09/08/2023 $1,850.62
304729 3190 09/08/2023 $2,711.44
304730 2249 09/08/2023 $5,260.69
304731 3650 09/08/2023 $1,636.14
304732 3393 09/08/2023 $1,788.07
304733 3250 09/08/2023 $1,709.28
304734 3491 09/08/2023 $1,144.34
304735 3548 09/08/2023 $1,165.06
304736 3511 09/08/2023 $2,080.87
304737 3396 09/08/2023 $2,042.98
304738 3663 09/08/2023 $1,627.19
304739 3541 09/08/2023 $2,590.98
304740 2499 09/08/2023 $3,227.79
304741 3379 09/08/2023 $2,324.66
304742 3694 09/08/2023 $2,139.66
304743 3737 09/08/2023 $2,055.26
304744 2105 09/08/2023 $4,912.97
304745 3474 09/08/2023 $2,235.73
304746 2515 09/08/2023 $2,876.45
City of Victorville Council Payroll Report Page 5 of 14 09/11/2023 Check Number Employee ID Check Date Total Net
Advices
304747 3636 09/08/2023 $2,386.72
304748 2679 09/08/2023 $2,969.51
304749 3490 09/08/2023 $2,346.23
304750 3475 09/08/2023 $2,584.86
304751 2181 09/08/2023 $2,867.18
304752 3353 09/08/2023 $2,595.08
304753 3735 09/08/2023 $3,577.60
304754 3542 09/08/2023 $2,690.30
304755 3731 09/08/2023 $2,481.80
304756 1955 09/08/2023 $3,310.37
304757 1632 09/08/2023 $2,377.43
304758 3736 09/08/2023 $2,469.34
304759 3692 09/08/2023 $2,623.04
304760 3147 09/08/2023 $2,844.28
304761 3732 09/08/2023 $2,389.71
304762 3148 09/08/2023 $3,013.46
304763 3808 09/08/2023 $2,655.35
304764 3195 09/08/2023 $2,178.88
304765 3602 09/08/2023 $3,031.19
304766 3112 09/08/2023 $1,940.26
304767 1970 09/08/2023 $2,269.38
304768 1520 09/08/2023 $3,189.79
304769 2605 09/08/2023 $2,003.16
304770 3505 09/08/2023 $4,867.45
304771 2540 09/08/2023 $3,422.87
304772 2377 09/08/2023 $2,709.05
304773 1079 09/08/2023 $2,623.44
304774 2259 09/08/2023 $3,060.45
304775 2312 09/08/2023 $3,099.24
304776 3510 09/08/2023 $2,708.85
304777 3637 09/08/2023 $2,371.17
304778 3628 09/08/2023 $2,289.64
304779 3068 09/08/2023 $2,093.45
304780 3633 09/08/2023 $2,555.75
304781 3129 09/08/2023 $3,497.84
304782 1998 09/08/2023 $2,906.51
304783 2376 09/08/2023 $4,245.59
304784 2111 09/08/2023 $2,846.24
304785 3543 09/08/2023 $1,985.14
304786 3303 09/08/2023 $3,749.93
304787 3802 09/08/2023 $2,613.50
304788 3558 09/08/2023 $2,711.14
304789 1655 09/08/2023 $3,654.67
304790 3285 09/08/2023 $2,714.02
304791 1529 09/08/2023 $1,946.06
304792 3346 09/08/2023 $2,130.21
304793 1776 09/08/2023 $3,200.54
304794 3192 09/08/2023 $2,120.07
City of Victorville Council Payroll Report Page 6 of 14 09/11/2023 Check Number Employee ID Check Date Total Net
Advices
304795 2655 09/08/2023 $1,546.31
304796 3749 09/08/2023 $1,804.08
304797 2798 09/08/2023 $2,190.56
304798 2522 09/08/2023 $2,490.08
304799 3265 09/08/2023 $2,174.18
304800 1503 09/08/2023 $3,132.46
304801 2505 09/08/2023 $4,144.81
304802 3299 09/08/2023 $1,804.10
304803 3113 09/08/2023 $2,304.24
304804 1007 09/08/2023 $3,110.70
304805 3185 09/08/2023 $2,358.29
304806 3729 09/08/2023 $1,586.22
304807 2343 09/08/2023 $1,342.11
304808 3273 09/08/2023 $2,735.95
304809 3121 09/08/2023 $1,883.84
304810 1497 09/08/2023 $2,593.02
304811 3537 09/08/2023 $2,546.83
304812 2192 09/08/2023 $2,019.62
304813 3513 09/08/2023 $2,330.22
304814 3685 09/08/2023 $1,936.94
304815 2034 09/08/2023 $2,910.27
304816 2275 09/08/2023 $2,841.96
304817 3380 09/08/2023 $2,439.75
304818 3191 09/08/2023 $2,102.87
304819 3792 09/08/2023 $996.60
304820 3496 09/08/2023 $946.92
304821 3051 09/08/2023 $2,729.88
304822 1750 09/08/2023 $2,324.47
304823 2770 09/08/2023 $1,916.43
304824 2228 09/08/2023 $2,327.41
304825 3726 09/08/2023 $1,890.48
304826 3748 09/08/2023 $2,221.75
304827 3101 09/08/2023 $2,687.62
304828 3335 09/08/2023 $2,163.54
304829 3611 09/08/2023 $1,253.83
304830 1249 09/08/2023 $2,054.48
304831 3284 09/08/2023 $2,999.92
304832 3580 09/08/2023 $1,682.96
304833 3621 09/08/2023 $1,676.33
304834 3270 09/08/2023 $1,817.09
304835 2248 09/08/2023 $1,993.17
304836 3263 09/08/2023 $1,761.27
304837 3622 09/08/2023 $1,099.30
304838 3795 09/08/2023 $1,271.13
304839 1588 09/08/2023 $2,184.32
304840 3788 09/08/2023 $1,898.46
304841 2189 09/08/2023 $2,540.67
304842 3560 09/08/2023 $2,180.78
City of Victorville Council Payroll Report Page 7 of 14 09/11/2023 Check Number Employee ID Check Date Total Net
Advices
304843 3509 09/08/2023 $2,145.55
304844 3226 09/08/2023 $2,172.91
304845 3257 09/08/2023 $2,041.89
304846 1121 09/08/2023 $3,454.38
304847 3149 09/08/2023 $2,695.98
304848 1865 09/08/2023 $2,101.85
304849 3479 09/08/2023 $1,689.63
304850 3689 09/08/2023 $1,758.87
304851 1723 09/08/2023 $1,784.88
304852 3296 09/08/2023 $2,276.14
304853 3707 09/08/2023 $1,802.47
304854 3572 09/08/2023 $1,267.52
304855 2531 09/08/2023 $4,616.69
304856 1513 09/08/2023 $1,990.95
304857 2118 09/08/2023 $1,064.18
304858 3387 09/08/2023 $1,176.91
304859 3330 09/08/2023 $2,105.25
304860 2681 09/08/2023 $3,682.39
304861 2119 09/08/2023 $2,275.10
304862 1612 09/08/2023 $2,037.86
304863 1282 09/08/2023 $2,341.18
304864 3610 09/08/2023 $1,992.20
304865 3277 09/08/2023 $2,284.48
304866 3287 09/08/2023 $1,917.86
304867 3037 09/08/2023 $1,686.11
304868 1449 09/08/2023 $3,336.63
304869 3481 09/08/2023 $1,813.50
304870 2677 09/08/2023 $5,147.43
304871 3688 09/08/2023 $1,716.25
304872 3341 09/08/2023 $2,124.18
304873 1137 09/08/2023 $1,725.23
304874 3793 09/08/2023 $935.72
304875 2383 09/08/2023 $2,046.53
304876 3687 09/08/2023 $1,165.06
304877 3130 09/08/2023 $1,893.69
304878 2489 09/08/2023 $1,992.98
304879 3733 09/08/2023 $1,565.84
304880 3361 09/08/2023 $3,542.19
304881 3624 09/08/2023 $2,109.18
304882 3139 09/08/2023 $1,706.61
304883 2696 09/08/2023 $2,153.47
304884 1287 09/08/2023 $2,661.46
304885 3536 09/08/2023 $2,863.48
304886 3722 09/08/2023 $2,198.11
304887 1254 09/08/2023 $2,050.68
304888 3187 09/08/2023 $1,851.45
304889 3804 09/08/2023 $2,464.44
304890 2368 09/08/2023 $2,445.54
City of Victorville Council Payroll Report Page 8 of 14 09/11/2023 Check Number Employee ID Check Date Total Net
Advices
304891 3532 09/08/2023 $1,937.43
304892 3798 09/08/2023 $1,032.65
304893 3258 09/08/2023 $1,840.97
304894 3100 09/08/2023 $2,726.89
304895 3259 09/08/2023 $1,520.42
304896 3796 09/08/2023 $1,165.06
304897 3344 09/08/2023 $2,422.54
304898 1338 09/08/2023 $3,782.96
304899 3507 09/08/2023 $2,207.22
304900 2229 09/08/2023 $1,763.00
304901 3790 09/08/2023 $1,095.86
304902 1049 09/08/2023 $2,342.47
304903 1506 09/08/2023 $1,957.12
304904 1959 09/08/2023 $3,852.86
304905 3004 09/08/2023 $2,371.98
304906 1893 09/08/2023 $2,048.48
304907 3794 09/08/2023 $1,165.06
304908 3626 09/08/2023 $2,002.17
304909 1581 09/08/2023 $2,580.31
304910 1932 09/08/2023 $1,930.05
304911 3279 09/08/2023 $2,282.91
304912 3725 09/08/2023 $1,688.50
304913 2460 09/08/2023 $3,253.31
304914 3671 09/08/2023 $1,707.17
304915 2732 09/08/2023 $1,874.85
304916 3338 09/08/2023 $2,139.51
304917 2552 09/08/2023 $2,119.12
304918 2476 09/08/2023 $3,787.57
304919 2279 09/08/2023 $3,936.16
304920 3515 09/08/2023 $5,135.76
304921 3092 09/08/2023 $2,633.52
304922 3138 09/08/2023 $3,038.96
304923 3146 09/08/2023 $2,926.09
304924 2590 09/08/2023 $2,233.25
304925 2748 09/08/2023 $2,055.79
304926 3709 09/08/2023 $2,653.97
304927 2669 09/08/2023 $3,178.04
304928 2623 09/08/2023 $2,003.87
304929 2637 09/08/2023 $2,395.70
304930 2638 09/08/2023 $2,906.07
304931 3803 09/08/2023 $1,946.51
304932 3109 09/08/2023 $2,657.12
304933 2671 09/08/2023 $3,014.60
304934 2593 09/08/2023 $2,607.60
304935 3328 09/08/2023 $2,384.70
304936 3461 09/08/2023 $2,185.94
304937 2626 09/08/2023 $1,691.86
304938 3038 09/08/2023 $2,768.31
City of Victorville Council Payroll Report Page 9 of 14 09/11/2023 Check Number Employee ID Check Date Total Net
Advices
304939 3052 09/08/2023 $2,011.97
304940 2290 09/08/2023 $2,016.62
304941 3716 09/08/2023 $1,825.63
304942 3110 09/08/2023 $2,651.62
304943 2641 09/08/2023 $1,978.30
304944 2612 09/08/2023 $2,409.54
304945 3698 09/08/2023 $1,264.37
304946 2642 09/08/2023 $2,691.15
304947 3705 09/08/2023 $2,282.15
304948 3331 09/08/2023 $1,794.66
304949 2674 09/08/2023 $2,706.19
304950 3231 09/08/2023 $2,377.70
304951 3228 09/08/2023 $2,524.04
304952 2628 09/08/2023 $2,700.20
304953 3301 09/08/2023 $1,705.66
304954 2630 09/08/2023 $2,580.89
304955 3182 09/08/2023 $2,598.10
304956 2599 09/08/2023 $2,168.34
304957 2683 09/08/2023 $2,396.25
304958 2753 09/08/2023 $2,360.38
304959 2610 09/08/2023 $2,489.29
304960 3323 09/08/2023 $1,865.86
304961 1389 09/08/2023 $3,559.69
304962 3238 09/08/2023 $4,515.58
304963 3264 09/08/2023 $1,982.13
304964 2808 09/08/2023 $1,953.77
304965 2646 09/08/2023 $2,210.82
304966 3617 09/08/2023 $3,373.99
304967 2600 09/08/2023 $2,719.30
304968 2524 09/08/2023 $2,695.82
304969 2686 09/08/2023 $1,997.84
304970 2193 09/08/2023 $2,244.39
304971 3322 09/08/2023 $2,236.93
304972 3629 09/08/2023 $2,519.93
304973 3230 09/08/2023 $3,237.35
304974 1931 09/08/2023 $2,272.63
304975 2038 09/08/2023 $1,747.83
304976 2339 09/08/2023 $2,265.79
304977 2678 09/08/2023 $3,738.77
304978 3240 09/08/2023 $3,356.06
304979 3743 09/08/2023 $1,790.37
304980 3215 09/08/2023 $2,549.70
304981 3140 09/08/2023 $2,231.63
304982 3035 09/08/2023 $2,364.28
304983 3651 09/08/2023 $2,176.54
304984 3769 09/08/2023 $185.74
304985 1853 09/08/2023 $2,895.78
304986 3645 09/08/2023 $771.07
City of Victorville Council Payroll Report Page 10 of 14 09/11/2023 Check Number Employee ID Check Date Total Net
Advices
304987 3503 09/08/2023 $2,701.31
304988 3579 09/08/2023 $708.08
304989 3384 09/08/2023 $1,122.55
304990 3386 09/08/2023 $1,954.28
304991 2488 09/08/2023 $1,130.72
304992 3120 09/08/2023 $1,006.54
304993 3778 09/08/2023 $154.78
304994 3806 09/08/2023 $712.11
304995 3502 09/08/2023 $2,249.72
304996 3768 09/08/2023 $325.04
304997 3582 09/08/2023 $1,024.73
304998 3252 09/08/2023 $2,665.61
304999 3070 09/08/2023 $2,264.22
305000 3657 09/08/2023 $946.29
305001 3767 09/08/2023 $448.87
305002 1866 09/08/2023 $1,923.51
305003 3371 09/08/2023 $1,054.04
305004 3674 09/08/2023 $950.56
305005 3766 09/08/2023 $294.09
305006 3717 09/08/2023 $626.89
305007 3655 09/08/2023 $950.56
305008 3813 09/08/2023 $946.29
305009 3656 09/08/2023 $896.29
305010 3789 09/08/2023 $4,243.33
305011 3775 09/08/2023 $539.97
305012 2478 09/08/2023 $1,096.20
305013 3648 09/08/2023 $672.15
305014 3779 09/08/2023 $270.88
305015 3471 09/08/2023 $1,095.90
305016 3531 09/08/2023 $4,146.27
305017 3814 09/08/2023 $1,007.37
305018 3665 09/08/2023 $127.05
305019 3587 09/08/2023 $836.99
305020 3669 09/08/2023 $599.24
305021 3029 09/08/2023 $1,611.96
305022 3812 09/08/2023 $946.29
305023 3326 09/08/2023 $3,263.44
305024 3609 09/08/2023 $1,263.86
305025 3770 09/08/2023 $247.66
305026 3492 09/08/2023 $457.82
305027 3691 09/08/2023 $946.29
305028 3810 09/08/2023 $950.56
305029 3576 09/08/2023 $1,116.62
305030 3647 09/08/2023 $689.09
305031 3566 09/08/2023 $716.22
305032 3368 09/08/2023 $1,802.86
305033 2006 09/08/2023 $3,224.41
305034 3761 09/08/2023 $2,860.80
City of Victorville Council Payroll Report Page 11 of 14 09/11/2023 Check Number Employee ID Check Date Total Net
Advices
305035 2684 09/08/2023 $1,624.72
305036 3079 09/08/2023 $1,904.36
305037 1966 09/08/2023 $2,554.10
305038 3388 09/08/2023 $2,008.57
305039 2355 09/08/2023 $2,247.53
305040 3696 09/08/2023 $2,546.31
305041 3500 09/08/2023 $2,541.29
305042 3620 09/08/2023 $1,863.54
305043 3654 09/08/2023 $1,619.50
305044 2039 09/08/2023 $1,903.03
305045 3281 09/08/2023 $1,814.86
305046 3550 09/08/2023 $2,705.20
305047 2629 09/08/2023 $2,103.26
305048 3348 09/08/2023 $1,850.54
305049 3807 09/08/2023 $2,127.94
305050 3107 09/08/2023 $2,176.30
305051 3081 09/08/2023 $1,834.59
305052 3523 09/08/2023 $4,081.82
305053 3271 09/08/2023 $1,806.18
305054 3017 09/08/2023 $4,877.88
305055 3706 09/08/2023 $1,451.74
305056 3512 09/08/2023 $2,526.63
305057 2027 09/08/2023 $1,315.91
305058 2330 09/08/2023 $2,978.73
305059 2795 09/08/2023 $510.98
305060 3437 09/08/2023 $5,708.63
305061 3652 09/08/2023 $2,244.12
305062 3421 09/08/2023 $3,132.18
305063 3439 09/08/2023 $3,169.31
305064 3440 09/08/2023 $6,216.82
305065 3441 09/08/2023 $2,965.64
305066 3473 09/08/2023 $4,031.58
305067 3406 09/08/2023 $2,844.08
305068 3422 09/08/2023 $7,847.58
305069 3442 09/08/2023 $2,734.65
305070 3433 09/08/2023 $4,470.41
305071 3469 09/08/2023 $3,274.24
305072 3424 09/08/2023 $4,378.06
305073 3414 09/08/2023 $5,581.10
305074 3704 09/08/2023 $7,474.65
305075 3734 09/08/2023 $4,560.65
305076 3799 09/08/2023 $2,947.90
305077 3443 09/08/2023 $4,535.41
305078 3600 09/08/2023 $3,320.93
305079 3711 09/08/2023 $4,232.64
305080 3418 09/08/2023 $4,848.15
305081 3715 09/08/2023 $3,957.00
305082 3444 09/08/2023 $3,043.13
City of Victorville Council Payroll Report Page 12 of 14 09/11/2023 Check Number Employee ID Check Date Total Net
Advices
305083 3583 09/08/2023 $5,449.04
305084 3594 09/08/2023 $3,033.81
305085 1718 09/08/2023 $7,019.31
305086 3409 09/08/2023 $3,509.41
305087 3426 09/08/2023 $4,332.15
305088 3642 09/08/2023 $2,025.39
305089 3584 09/08/2023 $3,958.85
305090 3746 09/08/2023 $2,027.02
305091 3538 09/08/2023 $2,057.63
305092 3410 09/08/2023 $5,014.80
305093 3447 09/08/2023 $2,232.01
305094 3427 09/08/2023 $2,827.16
305095 3411 09/08/2023 $6,355.50
305096 3448 09/08/2023 $2,854.63
305097 3719 09/08/2023 $1,622.79
305098 3518 09/08/2023 $1,966.09
305099 3449 09/08/2023 $4,214.40
305100 3428 09/08/2023 $3,906.48
305101 3429 09/08/2023 $3,222.71
305102 3455 09/08/2023 $3,891.63
305103 3451 09/08/2023 $4,845.75
305104 3712 09/08/2023 $4,823.65
305105 3595 09/08/2023 $3,562.27
305106 3430 09/08/2023 $2,857.55
305107 3452 09/08/2023 $4,322.00
305108 3417 09/08/2023 $2,530.95
305109 3431 09/08/2023 $4,773.60
305110 3419 09/08/2023 $4,943.56
305111 3720 09/08/2023 $4,907.91
305112 3524 09/08/2023 $1,772.94
305113 3412 09/08/2023 $4,082.16
305114 3805 09/08/2023 $2,130.09
305115 3420 09/08/2023 $4,755.35
305116 3378 09/08/2023 $5,497.80
305117 3435 09/08/2023 $3,970.60
305118 3800 09/08/2023 $2,411.96
305119 3432 09/08/2023 $6,480.36
305120 3408 09/08/2023 $6,031.54
305121 3456 09/08/2023 $1,784.83
305122 3763 09/08/2023 $2,925.25
305123 3591 09/08/2023 $2,051.77
305124 3392 09/08/2023 $4,022.53
305125 3434 09/08/2023 $5,144.25
Advices Total 1,407,152.69
City of Victorville Council Payroll Report Page 13 of 14 09/11/2023 Total Gross
$248.59
$41,088.62
$220,325.23
$87.70
$10,418.61
$61,534.81
$4,210.05
$30,049.59
$84,173.69
$278.72
$334,024.87
$2,940.00
Electronic Vendor Payments Total $789,380.48
State Taxes
CASDU
Vendor
IRS
Deferred Comp (457)
9/8/2023
Deferred Comp (457)
Deferred Comp (401a)
PERS
9/11/2023
9/11/2023
9/14/2023
9/7/2023
9/7/2023
Electronic Vendor Payments
Check Date
8/29/2023
8/30/2023
9/8/2023
IRS
IRS
State Taxes
State Taxes
9/5/2023
9/8/2023
9/7/2023
VV Firefighter's Union
City of Victorville Council Payroll Report Page 14 of 14 09/11/2023 Item Number: 4
City Council / Board of Directors
Consent Calendar
Meeting of: November 7, 2023
Submitted By:
Jorge Duran, Code Enforcement Official
Subject:
Waste Tire Enforcement Grant- Budget Amendment
Recommendation:
That the Honorabl e City Co uncil a dopt Resol ution No. 23-090, ap proving a budget amendment for Fiscal Year 2023/2024 to appropriate $61,5 47.00 in both reven ue and expenditures related to the Waste Tire Enforcement Grant as awarded by the California Department of Resources Recycling and Recovery (CalRecycle).
Fiscal Impact:
Adopting Resolution No. 23-090 (Attachment A) will result in additional revenue and expenditures in the amount of $61,547.00. These funds are allocated below:
Account Amount
2704005 43110 20401 (Revenue) $61,547.00
2705020 51100 20401 (Expenditure) 28,302.36
2705020 51200 20401 (Expenditure) 15,239.74
2705020 51300 20401 (Expenditure) 1,346.66
2705020 52140 20401 (Expenditure) 4,863.98
2705020 52150 20401 (Expenditure) 2,465.90
2705020 52220 20401 (Expenditure) 4,150.00
2705020 52300 20401 (Expenditure) 5,178.36
Strategic Plan Goal:
The Waste Tire Enforcement Grant supports the City of Victorville Strategic Plan 2020-2023 in relation to Goal A (Financial Sustainability), Goal B (Public Safety) and Goal F (Communication and Outreach) by further supporting our business community through the regulation and education of handling waste tires for tire-related businesses. 3 3
3 8
Background:
The City has received grant funds from CalRecycle since 2003 to regulate businesses generating or hauling waste tires and to deter illegal tire disposal. Resolution No. 19-003 (Attachment B), allows the City Manager or his/her designee to submit the application and execute related grant documents for the Waste Tire Enforcement Grant.
Discussion:
A grant application was submitted to CalRecycle on December 8, 2022, for the Waste Tire Enforcement Grant. On March 2, 2023, CalRecycle awarded the City of Victorville $61,547.00 in Waste Tire Enforcement grant funds. These funds will assist the City with expenses related to waste tire generator inspections, patrols, officer training and field equipment.
The City Manager authorized the acceptance of the grant in accordance with VMC
2.28.060(e)(10) – authority for grant applications, grant agreements or grant acceptance that may result in revenue of one-hundred twenty-five thousand dollars or less. However, a budget amendment is required to formally appropriate the associated grant revenue and expenses. The Grant Agreement (Attachment C) was executed on May 5, 2023.
Staff recommends that the City Council adopt Resolution No. 23-090, approving a budget amendment for Fiscal Year 2023/2024 to appropriate $61,547.00 in both revenue and expenditures related to the Waste Tire Enforcement Grant as awarded by CalRecycle.
Staff is available for any questions the City Council may have.
Attachments: A. Resolution No. 23-090
B. Resolution No. 19-003
C. Grant Agreement
ATTACHMENT A
RESOLUTION NO. 23-090
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR 2023-2024; APPROVING ADDITIONAL
APPROPRIATIONS AND ADDITIONAL REVENUE AND EXPENDITURES FOR THE WASTE TIRE ENFORCEMENT PROGRAM.
WHEREAS, the City Manager of the City of Victorville did heretofore submit to the City Council an estimate of the expenditures and revenues of the City departments and offices, together with a proposed budget for the fiscal year 2023-2024; and WHEREAS, copies of said budget were prepared and distributed to the City Council, approved by the City Council prior to June 30, 20 23 and have been available for the inspection by the public in the office of the City Clerk of the City of Victorville; and WHEREAS, the City of Victorville has been notified of the award of grant funding in the amount of Sixty-One Thousand, Five Hundred and Forty-Seven Dollars ($61,547.00) relating to the 2023 CalRecycle Waste Tire Enforcement Grant Program; and
WHEREAS, the City Council wishes to amend the annual budget as set forth in this Resolution to memorialize the acceptance of the grant and recognize the associated increase in revenue and expenditures
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
VICTORVILLE DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the annual budget for the fiscal year 2023-2024 for the City of Victorville be hereby amended to reflect a change in the amounts and associated accounts listed below and as described in the corresponding Agenda Item Account Amount
2704005 43110 20401 (Revenue) $61,547.00
2705020 51100 20401 (Expenditure) 28,302.36
2705020 51200 20401 (Expenditure) 15,239.74
2705020 51300 20401 (Expenditure) 1,346.66
2705020 52140 20401 (Expenditure) 4,863.98
2705020 52150 20401 (Expenditure) 2,465.90
2705020 52220 20401 (Expenditure) 4,150.00
2705020 52300 20401 (Expenditure) 5,178.36
SECTION 2. That copies of such amended budget, certified by the City Clerk, shall be filed with the auditors of the City of Victorville and in the office of the City Clerk for public inspection and certified copies thereof shall b e made available for use by the City departments, offices and subsidiary districts of the City.
Item Number: 5
City Council / Board of Directors
Consent Calendar
Meeting of: November 7, 2023
Submitted By:
Jennifer Thompson, City Clerk
Subject:
Minutes of the October 3 and October 17, 2023, Regular City Council Meetings and the October 3, 2023, Special City Council Meeting
Recommendation:
That the Honorable City Council approve the minutes of the Regular City Council Meetings held on October 3 and October 17, 2023 and the Special City Council Meeting held on October 3, 2023.
Fiscal Impact:
There is no fiscal impact as a result of this action.
Attachments: A. Minutes of the October 3, 2023, Regular City Council Meeting B. Minutes of the October 3, 2023, Special City Council Meeting C. Minutes of the October 17, 2023, Regular City Council Meeting
Attachment A
City Council Chambers
14343 Civic Drive
Victorville, CA
www.victorvilleca.gov
VICTORVILLE CITY COUNCIL
VICTORVILLE LIBRARY BOARD OF TRUSTEES
SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
THE CITY AS HOUSING ASSETS SUCCESSOR
JOINT POWERS FINANCING AUTHORITY
VICTORVILLE WATER DISTRICT
Regular Meeting Minutes
Tuesday, October 3, 2023
5:00 p.m. Closed Session
6:00 p.m. Regular Session
5:00 p.m. Closed Session
Call to Order
Roll Call
Present: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
Absent: None
Public Comments for Closed Session Items
None
Declaration of Closed Session Item(s) by City Attorney
City Attorney Andre de Bortnowsky announced one (1) closed session item as set forth on the agenda.
CITY COUNCIL
A. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
Pursuant to Government Code § 54956.9(d)(1)
Case name: Zhang v. Victorville Code Enforcement
Case No.: CIVSB2025154
Recess to Closed Session
6:00 p.m. Regular Session
Call to Order
Roll Call
Present: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
Absent: None
Also Present:
City Manager Keith C. Metzler, Deputy City Manager Sophie Smith, Deputy City Manager Jenele Davidson, City Clerk
Jennifer Thompson, City Attorney Andre de Bortnowsky
Closed Session Announcements by the City Attorney
City Attorney Andre de Bortnowsky announced one (1) closed session item as set forth on the agenda. There were no reportable actions with respect to these items
Invocation: Pastor Joseph Garibay of Calvary Chapel Victorville
Pledge of Allegiance: Police Captain John Wickum
City Clerk Presents Agenda/Revisions to Agenda
Agenda presented with no revisions reported.
Conflict of Interest Declarations
There were no conflicts of interest reported.
Introduction to Public Comments
Mayor Jones provided an opening statement regarding public comments.
Public Comments
The following people spoke:
Edin spoke on general items
Council Member Gomez left the dais at 6:10 p.m.
PUBLIC HEARING(S)
1. 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.
Questions ensued
The Chair opened the Public Hearing
David Veloz spoke in opposition
Claire Stoudemire spoke in opposition
Yvonne Mayshack spoke in opposition
The Chair closed the Public Hearing
Questions continued
City Clerk reported a majority protest does not exist
Motion was made to approve staff recommendations for points 2a and 2b
Moved: Mayor Pro Tem Becerra
Seconded: Council Member Harriman
Motion passed 4-0
Ayes: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
Absent: Council Member Gomez
Motion was made to approve staff recommendation point 3
Moved: Mayor Pro Tem Becerra
Seconded: Council Member Harriman
Motion passed 4-0
Ayes: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
Absent: Council Member Gomez
2. 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.
Questions ensued
The Chair opened the Public Hearing
Maria spoke in opposition
The Chair closed the Public Hearing
City Clerk reported a majority protest does not exist
Motion was made to approve staff recommendations
Moved: Mayor Jones
Seconded: Council Member Harriman
Motion passed 4-0
Ayes: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
Absent: Council Member Gomez
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 of 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 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.
6. 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.
7. 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).
8. 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.
9. 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.
10. Fire Department Newsletter
Recommendation:
That the Honorable Council review and file the attached Fire Department Newsletter.
Motion was made to approve staff recommendations for Consent Calendar items 3 through 10
Moved: Council Member Irving
Seconded: Mayor Pro Tem Becerra
Motion passed 4-0
Ayes: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
Absent: Council Member Gomez
The Chair called for a recess at 6:41pm
Recess concluded at 6:46 pm
WRITTEN COMMUNICATIONS
11. 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.
Questions ensued
Motion was made to approve staff recommendation
Moved: Mayor Pro Tem Becerra
Seconded: Council Member Harriman
Motion passed 4-0
Ayes: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
Absent: Council Member Gomez
12. Initiate the Annexation of 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 to initiate proceedings to annex Tract No. 20280 into Drainage Facilities Assessment District No. 1; (2) Approve Resolution No. 23- 085 to initiate proceedings to annex Tract No. 20280 into Landscape Maintenance Assessment District No. 6; (3) Approve Resolution No. 23-086 to preliminarily approve the Drainage Facilities Assessment District No. 1 Engineer’s Report;
(4) Approve Resolution No. 23 -087 to preliminarily approve the Landscape Maintenance Assessment District No. 6 Engineer’s Report; and (5) Approve Resolution Nos. 23- 088 and 23-089 setting a public hearing date of November 21, 2023.
Motion was made to approve staff recommendations
Moved: Council Member Harriman
Seconded: Mayor Pro Tem Becerra
Motion passed 4-0
Ayes: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
Absent: Council Member Gomez
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 to environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15060(c)(2) and 15060(c)(3); and
(2) Adopt Resolution No. VWD 23- 013 vacating the easement as described and depicted by the exhibits attached thereto and ordering the recordation of the same.
Motion was made to approve staff recommendations
Moved: Mayor Pro Tem Becerra
Seconded: Council Member Harriman
Motion passed 4-0
Ayes: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
Absent: Council Member Gomez
Motion was made to consider items 14 and 15 concurrently
Moved: Mayor Jones
Seconded: Council Member Irving
Motion passed 4-0
Ayes: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
Absent: Council Member Gomez
14. Approval of CalRecycle Payment Program Authorization Resolution
Recommendation:
That the Honorable City Council adopt Resolution No. 23- 080, authorizing the submittal of applications for Payment Programs and related 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.
Motion was made to approve staff recommendations
Moved: Mayor Pro Tem Becerra
Seconded: Council Member Harriman
Motion passed 4-0
Ayes: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
Absent: Council Member Gomez
16. Selection Committee's Appointment to the Measure P Oversight Committee
Recommendation:
That Your Honorable City Council appoint the following to the Measure P 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
Questions ensued
Motion was made to approve staff recommendation
Moved: Council Member Harriman
Seconded: Mayor Jones
Comments ensued
Motion passed 4-0
Ayes: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
Absent: Council Member Gomez
17. City Manager Reports
City Manager Keith C. Metzler announced Fredy Bonilla as the new City Engineer.
He also announced the City’s Fall Festival will be held on October 7, 2023, from 1:00 pm to 7:00 pm, at City Hall. He announced Community Clean Up will be on October 21, 2023, registrations are online and will close October 6, 2023. He also announced construction at the Bear Valley Bridge intersection at Ridgecrest Road will continue overnight throughout the week . Keith C. Metzler announced the Certificate of Occupancy has been granted to A RCO on outer 7th street. He also announced Animal Control will host an animal adoption event at Victor Valley College Farmer’s Market on October 5, 2023, from 8:00 am to 12:00 pm.
18. Discussion and Possible Action Regarding Upcoming Agenda Items
None
19. Reports from Council Members
Mayor Jones reported on her attendance to the Transportation Investment Committee meeting from S an Bernardino County Transportation Authority. She also reported o n her attendance to the Victor Valley Wastewater Reclamation Authority meeting.
Council Member Gomez never returned to the dais.
Adjournment
Mayor Jones adjourned the meeting at 7:09 pm
Attest:
____________________ ___________________________ Debra Jones, Mayor Jennifer Thompson, City Clerk
Attachment B
City Council Chambers
14343 Civic Drive
Victorville, CA
www.victorvilleca.gov
VICTORVILLE CITY COUNCIL
VICTORVILLE LIBRARY BOARD OF TRUSTEES
SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
THE CITY AS HOUSING ASSETS SUCCESSOR
JOINT POWERS FINANCING AUTHORITY
VICTORVILLE WATER DISTRICT
Special Meeting Minutes
Tuesday, October 3, 2023
4:00 p.m. Special Session
4:00 p.m. Closed Session
Call to Order
Roll Call
Present:
Mayor Pro Tem Becerra, Councilmember Gomez,
Councilmember Irving, Mayor Jones, Councilmember
Harriman
Absent: None
Also Present:
City Manager Keith C. Metzler, Deputy City Manager Sophie Smith, Deputy City Manager Jenele Davidson, City Clerk
Jennifer Thompson, City Attorney Andre de Bortnowsky
Invocation: Mayor Jones
Pledge of Allegiance: Police Captain John Wickum
City Clerk Presents Agenda/Revisions to Agenda
Conflict of Interest Declarations
Public Comments
None
Declaration of Closed Session Item(s) by City Attorney
CITY COUNCIL
A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9
Anticipation of litigation pursuant to Government Code Section 54956.9(d)(4) Based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is deciding whether to initiate litigation
Attachment C
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 Minutes
Tuesday, October 17, 2023
5:00 p.m. Closed Session
6:00 p.m. Regular Session
5:00 p.m. Closed Session
Call to Order
Roll Call
Present: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
Absent: None
Public Comments for Closed Session Items
None
Declaration of Closed Session Item(s) by City Attorney
City Attorney Andre de Bortnowsky announced one (1) closed session item as set forth on the agenda.
CITY COUNCIL
A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9
Anticipation of litigation pursuant to Government Code Section 54956.9(d)(4) Based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is deciding whether to initiate litigation
Recess to Closed Session
6:00 p.m. Regular Session
Call to Order
Roll Call
Present: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
Absent: None
Also Present:
City Manager Keith Metzler, Deputy City Manager Sophie
Smith, Deputy City Manager Jenele Davidson, City Clerk
Jennifer Thompson, City Attorney Andre de Bortnowsky
Closed Session Announcements by the City Attorney
City Attorney Andre De Bortnowsky announced one (1) closed session item as set forth on the agenda. There were no reportable actions with respect to this item.
Invocation: Elder Michael Reyes of Destiny Christian Center
Pledge of Allegiance: Police Captain John Wickum
Council Member Gomez left the dais at 6:04 pm with permission of the Chair
City Clerk Presents Agenda/Revisions to Agenda
Agenda presented with no revisions reported.
Conflict of Interest Declarations
There were no conflicts of interest reported.
Introduction to Public Comments
Mayor Jones provided an opening statement regarding public comments.
Public Comments
The following people spoke:
Andrew Simpson spoke on general items
Council Member Gomez returned to the dais at 6:08 pm
Marylynn Wheeler-Reynolds spoke on item 3
PUBLIC HEARING(S)
1. Water Service Line Replacement Project, Area 6 – Approve Notice of Exemption and Award of Construction Contract
Recommendation:
That the Honorable Water District Board of Directors:
(1) Open and conduct a Public Hearing, receive testimony regarding the proposed capital improvement project (CIP);
(2) Close the Public Hearing;
(3) Find the project exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to Section 15301(b) of the CEQA guidelines and Approve the Notice of Exemption; and
(4) Award a construction contract to Christensen Brothers General Engineering, Inc., in the amount of $2,631,405, for the Water Service Line Replacement Project, Area 6.
Questions ensued
The Chair opened the Public Hearing
There were no speakers
The Chair closed the Public Hearing
Motion was made to approve staff recommendations
Moved: Council Member Irving
Seconded: Mayor Pro Tem Becerra
Motion passed 5-0
Ayes: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
CONSENT CALENDAR
2. Minutes of the August 8, 2023, Special City Council Meeting and the August 15, September 5, and September 19, 2023, Regular City Council Meetings
Recommendation:
That the Honorable City Council approve the minutes of the Special City Council Meeting held on August 8, 2023, and the Regular City Council Meetings held on August 15, September 5, and September 19, 2023.
3. Second Reading of Ordinance No. 2444
Recommendation:
That the City Council adopt, by second reading, Ordinance No. 2444 amending and revising portions of Title 10 of the Victorville Municipal Code relating to rates, fees, and charges for City sewer services.
4. Reduction of Securities for Tract Map No. 15598
Recommendation:
That the Honorable City Council approve the release of the Labor & Materials securities for the Water, Sewer, Drainage, and LMAD Improvements.
5. Settlement Agreement between the City of Victorville and Judy Ng
Recommendation:
That the Honorable City Council approve the Citation Settlement Agreement by and between Judy Ng and the City of Victorville in regard to Citation No. 26437 and authorize the City Manager to sign the Citation Settlement Agreement.
Questions ensued on item 5
Motion was made to approve staff recommendation
s for Consent Calendar items
2 through 5
Moved: Council Member Irving
Seconded: Council Member Harriman
Motion passed 5-0 with Council Member Gomez voting no on items 3 and 5
Ayes: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
WRITTEN COMMUNICATIONS
6. Reclaimed Water Reservoir Grant
Recommendation:
That the Honorable Water District Board of Directors take the following actions:
(1) Adopt Resolution No. VWD 23- 014 authorizing staff to apply for a Federal Bureau of Reclamation Grant for the One Million Gallon Reclaimed Water Reservoir Project;
(2) Approve the District matching funds of 50% of the construction costs; (3) Authorize the General Manager or his designee to process all documents required for grant administration.
Motion was made to approve staff recommendations
Moved: Mayor Pro Tem Becerra
Seconded: Council Member Irving
Motion passed 5-0
Ayes: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
7. Bear Valley Road Overhead at BNSF Railroad Project - Amendment No. 1 to the Consultant / Professional Services Provider Agreement with Parsons Transportation Group
Recommendation:
That the Honorable City Council approve Amendment No. 1 to the Consultant / Professional Services Provider Agreement for the Bear Valley Road bridge construction management contract with Parsons Transportation Group, Inc., in an amount not to exceed $260,000.00.
Questions ensued
Motion was made to approve staff recommendation
Moved: Mayor Pro Tem Becerra
Seconded: Council Member Irving
Motion passed 5-0
Ayes: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
8. Wellness Center Project - Phase 1 Supplemental Work Order (SWO) Nos. 12 & 13 and Phase 2 Supplemental Work Order No. 11
Recommendation:
That the Honorable City Council approve the following:
(1) Phase 1 - SWO No. 12 for the Wellness Center construction contract resulting in an increase not to exceed $51,189.83;
(2) Phase 1 - SWO No. 13 for the Wellness Center construction contract resulting in a decrease of $120,670.75; and
(3) Phase 2 - SWO No. 11 for the Wellness Center construction contract resulting in an increase not to exceed $67,019.57.
Questions ensued
Motion was made to approve staff recommendations
Moved: Mayor Pro Tem Becerra
Seconded: Council Member Irving
Motion passed 5-0
Ayes: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
9. Approval to execute an amended Interconnection Facilities Agreement (“IFA”) with Southern California Edison (“SCE”)
Recommendation:
That the Honorable City Council authorize the City Manager to execute an amended Interconnection Facilities Agreement with Southern California Edison.
Questions ensued
Motion was made to approve staff recommendation
Moved: Council Member Irving
Seconded: Council Member Harriman
Comments ensued
Motion passed 5-0
Ayes: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
10. Purchase of Three (3) Zoll Cardiac Monitors
Recommendation:
That the Honorable City Council authorize the City Manager to execute the purchase of three (3) Zoll cardiac monitors from the Zoll Corporation in the amount of $182,189.64.
Questions ensued
Motion was made to approve staff recommendation
Moved: Mayor Pro Tem Becerra
Seconded: Council Member Irving
Comments ensued
Motion passed 5-0
Ayes: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
11. Side Letter of Agreement #2 between the City of Victorville and the Victorville Professional Firefighters
Recommendation:
That the Honorable City Council adopt Resolution No. 23- 082 Approving Side Letter of Agreement #2 between the City of Victorville and the Victorville Professional Firefighters and authorize the City Manager to execute said Side Letter of Agreement
Questions ensued
Motion was made to approve staff recommendation
Moved: Mayor Pro Tem Becerra
Seconded: Council Member Harriman
Comments ensued
Motion passed 5-0
Ayes: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
12. City Manager Reports
City Manager Keith C. Metzler announced CARMAX was granted a temporary Certificate of Occupancy and are expected to fully open in November. He announced interior tenant improvements are in process at the Church and Dwight Facility. He also announced a newly constructed multi -tenant commercial warehouse building passed its final inspection. Keith C. Metzler announced the next low-cost animal vaccination and adoption clinic will be on Saturday, October 21, 2023, from 8:00 a.m. to 12:00 p .m. He also announced the Citywide Community Clean-Up is on October 21, 2023, from 8:00 a. m. to 11:30 a. m. He also announced the annual Hallowboo Drive -Thru will be on Friday, October 27, 2023, from 5:00 p.m. to 8:00 p.m.
13. Discussion and Possible Action Regarding Upcoming Agenda Items
Motion was made to agendize an item for discussion and possible action during the November 7, 2023, meeting to discuss the cancellation of the November 21, 2023, City Council meeting.
Moved: Mayor Jones
Seconded: Council Member Irving
Motion passed 5-0
Ayes: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
Motion was made to agendize an item for discussion and possible action during the next Council meeting to approve a Resolution to reprimand Council Member Gomez for her conduct toward a Security Officer on October 3, 2023.
Moved: Mayor Jones
Seconded: Mayor Pro Tem Becerra
Motion passed 4-1
Ayes: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
Noes: Council Member Gomez
14. Reports from Council Members
Council Member Gomez reported on her involvement with the community.
Council Member Harriman gave his apologies for not attending the City Festival.
Council Member Irving reported on her attendance to the City Festival.
Mayor Pro Tem Becerra reported the V ictor Valley Transportation Authority will have a 30th anniversary celebration on Friday, October 20, 2023, starting at 10:00 a.m. on Smoke Tree St. in Hesperia. She also reported o n her attendance to the City Festival.
Mayor Jones gave her gratitude to Mayor Pro Tem Becerra for taking her place when delivering the Ceremonial Certificate to V ictor Valley Transportation Authority and for attending a Ribbon Cutting in her stead.
Adjournment
Mayor Jones adjourned the meeting at 7:13 pm
Attest:
____________________ ___________________________ Debra Jones, Mayor Jennifer Thompson, City Clerk
Item Number: 6
City Council / Board of Directors
Consent Calendar
Meeting of: November 7, 2023
Submitted By:
Fredy Bonilla, City Engineer
Subject:
Release of Labor & Materials Security for Case Nos. BLDC21-00045/EROW21-00181 Recommendation:
That the Honorable City Council approve the full release of the Labor & Materials security for Case Nos. BLDC21-00045/EROW21-00181.
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. BLDC21-00045/EROW21-00181 are for a fueling station with a convenience store and carwash located at the southeast corner of Nisqualli Road and Hesperia Road.
The developer, Boos-UP Hesperia, 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, and sidewalk construction on Hesperia and Nisqualli Roads and a traffic signal modification at the intersection.
Discussion:
During the May 2, 2023, regular City Council Meeting, the release of 80% of the Faithful Performance securities for the Street Improvements was approved due to the required public improvements being completed. At this time, a full release of the Street Labor and Materials securities is recommended for Case Nos. BLDC21-00045/EROW21-00181 per Victorville Municipal Code Section 17.64.070(4).
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Staff is available to answer any questions the Council may have.
Attachments: A. Vicinity Map
B. Security Tables
C. Existing Securities
Attachment A
Vicinity Map
Attachment B
Security Tables
Security Tables
Developer:
Boos-UP Hesperia, LLC
410 Park Place Blvd., #100
Clearwater, FL 33759
Faithful Performance Security
Street Improvements – 800112042
Labor & Materials Security
Street Improvements – 800112042
Amount of ORIGINAL Security: $546,231.47 Amount of ORIGINAL Security: $273,115.74 Amount of Security CURRENTLY: $109,246.29 Amount of Security CURRENTLY: $273,115.74 Amount of Security being REDUCED: $0 Amount of Security being REDUCED: $273,115.74 Amount of Security REMAINING: $109,246.29 Amount of Security REMAINING: $0
Attachment C
Existing Securities
Item Number: 7
City Council / Board of Directors
Consent Calendar
Meeting of: November 7, 2023
Submitted By:
Fredy Bonilla, City Engineer
Subject:
Release of Labor & Materials Security for Case No. EWTR21-00264 Recommendation:
That the Honorable City Council approve the full release of the Labor & Materials security for case EWTR21-00264.
Fiscal Impact:
There is no fiscal impact resulting from 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 No. EWTR21-00264 is a scattered single family residential home located within unincorporated San Bernardino County and the Victorville Water District service area.
The developer, Zab, LLC, was required to install 664 linear feet water main extension on Sunset Road for the Victorville Water District to provide water services. As a public improvement, the developer provided bonds as security for the water improvements.
Discussion:
During the May 2, 2023, regular City Council meeting, the release of 80% of the Faithful Performance Security for the Water Improvements was approved due to the water improvements being completed. At this time, a full release of the Labor and Materials securities is recommended per Victorville Municipal Code Section 17.64.070(4).
Staff is available to answer any questions the Council may have. 3 3
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Attachments: A. Vicinity Map
B. Security Tables
C. Existing Securities
Attachment A
Vicinity Map
Attachment B
Security Tables
Security Tables
Developer:
Zab, LLC
16502 Walnut St., #C
Hesperia, CA 92345
Faithful Performance Security
Water Improvements – 72453378
Labor & Materials Security
Water Improvements – 72453378
Amount of ORIGINAL Security: $64,835. 10 Amount of ORIGINAL Security: $32,418.00 Amount of Security CURRENTLY: $12,967. 10 Amount of Security CURRENTLY: $32,418.00 Amount of Security being REDUCED: $0.00 Amount of Security being REDUCED: $32,418 .00 Amount of Security REMAINING: $12,967. 10 Amount of Security REMAINING: $0.00
Attachment C
Existing Securities
Item Number: 8
City Council / Board of Directors
Consent Calendar
Meeting of: November 7, 2023
Submitted By:
Fredy Bonilla, City Engineer
Subject:
Tract Map No. 16774 Securities Release
Recommendation:
That the Honorable City Council approve the full release of the Water, Sewer, Drainage, and LMAD Labor & Materials securities for Tract Map No. 16774.
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:
Tract Map No. 16774 (Tract 16774) is a 150-lot single-family housing subdivision located at the northwest corner of La Mesa Road and Peña Road. FHII, LLC, also known as Frontier Homes (Developer), entered into a Subdivision Improvement Agreement (SIA) with the City at the March 16, 2021, City Council meeting. Per the SIA and the conditions of approval, the Developer is required to install public improvements such as grading, streets, water, sewer, and storm drain systems.
Discussion:
At the February 7, 2023, regular City Council Meeting, the release of 80% of the Faithful Performance securities for the Water, Sewer, and Drainage Improvements was approved due to the required public improvements being completed. Similarly at the April 18, 2023, regular City Council Meeting, the release of 80% of the Faithful Performance security for 3 3
4 5
the LMAD Improvements was approved due to the required public improvements being completed.
At this time, a full release of the Water, Sewer, Drainage and LMAD Labor & Materials securities is recommended for Tract Map No. 16774, per Victorville Municipal Code Section 17.64.070(4).
Staff remains available for any questions the Council may have.
Attachments: A. Vicinity Map
B. Security Tables
C. Existing Securities
Attachment A
Vicinity Map
Attachment B
Security Tables
Security Tables
Faithful Performance Security
Water Improvements – No. 0791244
Labor & Materials Security
Water Improvements – No. 0791244
Amount of ORIGINAL Security: $74 2,511.00 Amount of ORIGINAL Security: $371,255.50 Amount of Security CURRENTLY: $148,502.20 Amount of Security CURRENTLY: $371,255.50 Amount of Security being REDUCED: $0.00 Amount of Security being REDUCED: $371,255.50 Amount of Security REMAINING: $148,502.20 Amount of Security REMAINING: $0.00 Faithful Performance Security
Sewer Improvements – No. 0791243
Labor & Materials Security
Sewer Improvements – No. 0791243
Amount of ORIGINAL Security: $804,680.25 Amount of ORIGINAL Security: $402,340.13 Amount of Security CURRENTLY: $160,936.05 Amount of Security CURRENTLY: $402,340.13 Amount of Security being REDUCED: $0.00 Amount of Security being REDUCED: $402,340.13 Amount of Security REMAINING: $160,936.05 Amount of Security REMAINING: $0.00 Faithful Performance Security
Drainage Improvements – No. 0799544
Labor & Materials Security
Drainage Improvements – No. 0799544
Amount of ORIGINAL Security: $40,001.50 Amount of ORIGINAL Security: $20,000.75 Amount of Security CURRENTLY: $8,000.30 Amount of Security CURRENTLY: $20,000.75 Amount of Security being REDUCED: $0.00 Amount of Security being REDUCED: $20,000.75 Amount of Security REMAINING: $8,000.30 Amount of Security REMAINING: $0.00 Faithful Performance Security
Street Improvements – No. 0791242
Labor & Materials Security
Street Improvements – No. 0791242
Amount of ORIGINAL Security: $2,335,876.88 Amount of ORIGINAL Security: $1,167,938.44 Amount of Security CURRENTLY: $934,350.75 Amount of Security CURRENTLY: $1,167,938.44 Amount of Security being REDUCED: $0.00 Amount of Security being REDUCED: $0.00 Amount of Security REMAINING: $934,350.75 Amount of Security REMAINING: $1,167,938.44
Developer:
FH II, LLC, a California Limited Liability Company
2151 E. Convention Center Way, Suite 222
Ontario, CA 91764
Faithful Performance Security
LMAD Improvements – No. 0799543
Labor & Materials Security
LMAD Improvements – No. 0799543
Amount of ORIGINAL Security: $350,833.92 Amount of ORIGINAL Security: $175,416.96 Amount of Security CURRENTLY: $70,166.78 Amount of Security CURRENTLY: $175,416.96 Amount of Security being REDUCED : $0 Amount of Security being REDUCED: $175,416.96 Amount of Security REMAINING: $70,166.78 Amount of Security REMAINING: $0
Attachment C
Existing Securities
Item Number: 9
City Council / Board of Directors
Consent Calendar
Meeting of: November 7, 2023
Submitted By:
Fredy Bonilla, City Engineer
Subject:
Tract Map No. 16507 Security Release
Recommendation:
That the Honorable City Council:
1) Approve an 80% Release of the Water, Sewer, Drainage, and Streets Faithful Performance Securities for Tract Map No. 16507; and
2) Accept the completed Water, Sewer, Drainage, and Street Improvements.
Fiscal Impact:
There is no fiscal impact resulting from 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:
Tract Map No. 16507 (Tract 16507) was purchased by Richmond American Homes of Maryland, Inc. (Richmond) from RY Properties in 2020. Tract 16507 is a 119-lot residential subdivision located at the southwest corner of Mesa View Drive and Luna Road. The tract was partially developed when Richmond acquired the 61 undeveloped lots. The tract's conditions of approval required the developer to complete the water, sewer, storm drain, monumentation, and street improvements. On April 7, 2020, the City Council approved a Subdivision Improvement Agreement (SIA) with Richmond that was recorded on April 21, 2020, for the completion of Tract 16507. 3 3
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Discussion:
Since 2020, Richmond has been developing the tract. At this time, all the public improvements have been completed except for the final monumentation. Therefore, staff recommends an 80-percent release of securities for the water, sewer, drainage, and street faithful performance securities. Per Victorville Municipal Code Section
17.64.070(4), the remaining 20-percent of the Faithful Performance securities are to be held for a one-year warranty period and the Labor & Materials securities will be held for a six-month warranty period.
As part of the purchase & sales agreement, RY Properties was required to slurry seal the completed road segments of the tract interior fronting the previously developed lots. In 2020, RY Properties provided a cash deposit of $14,500 which was used recently to slurry seal Echo Glen Street, Gayneswood Street, and Marshwood Street. The slurry seal was recently completed with the Civic Area Slurry Seal project which is under construction.
Staff is available to answer any questions the Council may have.
Attachments: A. Vicinity Map
B. Securities Table
C. Existing Securities
Attachment A
Vicinity Map
Attachment B
Security Tables
Security Tables
Water, Sewer, Drainage, Street & Monumentation Bond Totals:
Faithful Performance $461,390.64 - Labor & Materials $226,058.83
Faithful Performance Security
Water Improvements – Bond No. 30080107
Labor & Materials Security
Water Improvements – Bond No. 30080107
Amount of ORIGINAL Security: $75,968.20 Amount of ORIGINAL Security: $37,984.10 Amount of Security CURRENTLY: $75,968.20 Amount of Security CURRENTLY: $37,984.10 Amount of Security being REDUCED: $60,774.56 Amount of Security being REDUCED: $0.00 Amount of Security REMAINING: $15,193.64 Amount of Security REMAINING: $37,984.10 Faithful Performance Security
Sewer Improvements – Bond No. 30080107
Labor & Materials Security
Sewer Improvements – Bond No. 30080107
Amount of ORIGINAL Security: $8,071.25 Amount of ORIGINAL Security: $4,035.63 Amount of Security CURRENTLY: $8,071.25 Amount of Security CURRENTLY: $4,035.63 Amount of Security being REDUCED: $6,457.00 Amount of Security being REDUCED: $0.00 Amount of Security REMAINING: $1,614.25 Amount of Security REMAINING: $4,035.63 Faithful Performance Security
Drainage Improvements – Bond No. 30080107
Labor & Materials Security
Drainage Improvements – Bond No. 30080107
Amount of ORIGINAL Security: $3,300.00 Amount of ORIGINAL Security: $1,650.00 Amount of Security CURRENTLY: $3,300.00 Amount of Security CURRENTLY: $1,650.00 Amount of Security being REDUCED: $2,640.00 Amount of Security being REDUCED: $0.00 Amount of Security REMAINING: $660.00 Amount of Security REMAINING: $1,650.00 Faithful Performance Security
Street Improvements – Bond No. 30080107
Labor & Materials Security
Street Improvements – Bond No. 30080107
Amount of ORIGINAL Security: $364,778.19 Amount of ORIGINAL Security: $182,389.10 Amount of Security CURRENTLY: $364,778.19 Amount of Security CURRENTLY: $182,389.10 Amount of Security being REDUCED: $291,822.55 Amount of Security being REDUCED: $0.00 Amount of Security REMAINING: $72,955.64 Amount of Security REMAINING: $182,389.10
Developer:
Richmond American Homes of Maryland Inc.
5171 California Avenue, Suite 120
Irvine, CA 92617
Faithful Performance Security
Monumentation – Bond No. 30080107
Amount of ORIGINAL Security: $9,273.00
Amount of Security CURRENTLY: $9,273.00
Amount of Security being REDUCED: $0.00
Amount of Security REMAINING: $9,273.00
Attachment C
Existing Securities
PUBLIC IMPROVEMENTS FAITHFUL PERFORMANCE BOND
' (To Be Used With Subdivision Improvement Agreement or ConstructionlExcavation Permit) Tract Map No.: 16507 Bond No.: 30080107
Case NO-I_____-_______ Premium; $2,035.00
WHEREAS, the City Council of the City of Victorville, County of San Bernardino, State of California, and Richmond American Homes of Mamland, lnc. ‘ " (hereinafter “Principal”) have entered into a Subdivision Improvement Agreement (hereinafter referred to as “Agreement") whereby Principal agrees to install and complete certain designated public improvements, which said Agreement, dated _
v, , 20 , and identified as Tract Map No. 16507 and
Case N0. __ for streetl curb & gutterl sidewalkI storm drain and sewer *.
V lmpFovement(s), is hereby referred to and made a part hereof; and, ' * relating to Lots 1—31,59-72, & 87-100 of Mesa View WHEREAS, said Principal is required under the terms of said Agreement to furnish a bond for faithful performance of said Agreement.
NOW THEREFORE, we, the Principal and The Continental Insurance Comgany , a corporation of the State of Pennsylvania , doing business under and by virtue of the laws of the State of California and duly licensed to cOnduct a general surety business in the State of California, as surety, (hereinafter “Surety"), are held and firmly bound unto the City of Victorville, a municipal corporation (hereinafter “City”), in the penal sum of Four Hundred Fifty‘Two Thousand One Hundred Seventeen and 64/100ths dollars, ($ 452,117.64 . ), lawfulmoney of the United States, for the payment of which sum well and truly to ‘be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and provisions in the said Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
CCP:ccp
lsharedlDevelopment/Projects/SuretyRecovery/FonnsIFPBond.Blank.030520 Public Improvements
Faithful Performance Bond
Tract Map No.: 16507
Case No.:
Bond No.: 30080107
The Surety hereby stipulates and agrees that no change, extension of_time, . alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on
Richmond American Homes of Maryland, Inc.
Name of Principal (Applicant)
,4. ll 71‘
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AL/ 4%[/ £1!“
Mailing Address:
5171 California Avenue, Suite 120
Address of Principal
Irvine, California 92617
City, State Zip Code
March 27 , 2020 _ _
The Continental Insurance Company
Name of Surety Company
By: Kathleen K. Freund, Attorney-in-Fact
By:
10375 Park Meadows Drive, Suite 300
Address of Surety Company
Littleton, Colorado 80123
City, State Zip Code
ABOVE-SIGNATORIES MUST BE NOTARIZED
APPROVED AS TO FORM:
6??“
Chuck Buquet, Risk Manager
CCchcp ‘
lshared/Developmenthrojects/SuretyRecovery/Fonns/FPBond.Blank.030520
City}Attorney
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMEN T
State of Colorado
County of Denver
On MM beforeme, Nathan Mulhauser
(Here insert name and title of the officer)
personally appeare d Kathleen K. Freund
J
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ‘
.I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
‘ ULHAUSER
NATHfifiam Pubtic
. . St te of ColoradoWITNESS my hand and offic1a1seal. Notana,m #20064038539 My Commission Expires 09-22-2022
ota SealSignature of Notary Public (N ry )
MyCommission Expires: September 22, 2022W
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR CONIPLETING TI‘HSFORM
Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACI‘HED DOCUM appears above in the notary sectionor a separate acknowledgmentfimn must be properly completed and attached to that document. The only exception is If a document is to be recorded outside of Califbmia. In such instances, any alternative acknowledgment verbiage as'may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifiing the authorized capacity of the signer). Please‘check the document carefizllyfor proper notarial wording and attach thisform if required.
(Title or description of attached document)
(Title or description of attached document continued)
State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment.
Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgmentis completed. (Additional information) The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public).
Print the name(s) of doetiment signer(s) who personally appear at the time of notarization.
CAP ACITY CLAIIVIED BY THE SIGNER ‘ Indicate the eorrect singlilarhr plural forms by crossing off incorrect fonns (i.e. . -' ,y helsheftheyr ls lar-e) or cuchng the correct forms. Failure to correctly indicate this Indlwdual (S) ‘ information may lead to rejection of document recording.
Corporate Officer The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re-seal if a (Title) sufficient area permits, otherwise complete a different acknowledgment fonn.
Partner(s) Signature of the notary public must match the signature on file with the ofiiee of m . the county clerk.
AttomeY‘m'FaCt '3‘ Additionalinformationis not requiredbut could help to ensurethis Trustee(s) acknowledgment is not misused or attached to a different document.
Other , . ~20 Indicate title or type of attached doeument, number of pages and date. '2' Indicate the capacity claimed by the signer. If the claimed capacity is a corporate ofiicer, indicate the title (i.e. CEO, CFO, Secretary).
Securely attach this document to the signed document
Number of Pages Document Date
2008 Version CAPAv12.10.07 800-873-9865 www.NotaryClasses.eom u' «
Know All Men By These Presents, That The Continental Insurance Company, a Pennsylvania insurance company, is a dulyorganized and existing insurance company having its principal office in the City of Chicago, and State of Illinois, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint
Kathleen K. Freund , Individually
of Denver , Colorado , its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalfbonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts —-
Surety Bond Number: 30080107
Principal: Richmond American Homes of Maryland, Inc. a Maryland corporation Obligee; City of Victorville
/
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the insurance company and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Board of Directors of the insurance company. ' In Witness Whereo‘f, The Continental Insurance Company has caused these presents to be signed by its Vice President and its corporate 'seal to be hereto affixed on this 3rd day of June, 2015.
The Continental Insurance Company
t, __ '15,.
WPaui’T;Bruflat 7 §ngPresident
State of South Dakota, County of Minnehaha, ss: ,
On this 3rd day of June, 2015, before me personally came Paul T. Bruflat to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Fails, State of South Dakota; that he is a Vice President of The Continental Insurance Company, a Pennsylvania insurance company, described in and which executed the above instrument; that he knows the seal of said insurance company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said insurance company and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance company. _;S,..E|.CH. »nmmwluc’ W"
0 My Cofirhission Expttes-Fe ruary 12,2021 WT'S'L'EiehW'W'W ’Notaiy’Public
CERTIFICATE
I, D. Bult, Assistant Secretary of The Continental Insurance Company, a Pennsylvania insurance company, do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of the insurance company printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance companythis 27th dayof March , 2020 . ‘
The Continental Insurance Company
. t sxstant‘: ecretaify,
Form F6850-4-2012
Authorizing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL INSURANCE COMPANY:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company at a meeting held on May 10, 1995. - ' - - - “RESOLVED: That any Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized ofiicer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Group Vice President to the Secretary of the Company prior to such execution becoming effective.
This Power of Attorney is signed by Paul T. Bruflat, Vice President, who has been authorized pursuant to the above resolution to execution power of attorneys on behalf of The Continental Insurance Company.
This Power of Attorney is signed and sealed by facsimile under and by the authority of the foilowing Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25“1day oprril, 2012. “Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized variofis officers (the “Authorized Officers”) to execute various policies, bonds, undertakings and other obligatory instruments of like nature; and Whereas, from time to time, the signature of the Authorized Officers, in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic format (collectively, “Electronic Signatures”), Now therefore be it resolved: that the Electronic Signature of any Authorized Oflicer shall be valid and binding on the Company." Authorizing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL INSURANCE COMPANY:
This Power of Attorney is made and executed pursuant to and byauthority of the following By-Law duly adopted by the Board of Directors of the Company at a meeting held on May 10, 1995. ‘
“RESOLVED: That any Group Vice President may authorize an officerto sign specific documents,agreementsand instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Group Vice President to the Secretary of the Company prior to such execution becoming effective. '
This Power of Attorney is signed by Paul 'I‘.Bruflat, Vice President, who has been authorized pursuant to the above resolution to execution power of attorneys on behalf of The Continental Insurance Company.
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25‘hday of April, 2012. “Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the “Authorized Officers”) to execute various policies, bonds, undertakings and other obligatory instruments of like nature; and Whereas, firomtime to time, the signature of the Authorized Officers, in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic format (collectively, “Electronic Signatures”), Now therefore .be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company."
CALIFORNIA ALL-PURPOSE ACKNOWLED GNLENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who ‘ ‘signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that
document.
State of Califorhia )
‘County of Orange - )
On March 30, 2020, before me, T Rig, Notary Public, personally appeared Sondra Harris, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subseribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/theit authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERIURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
/
NotaryPublic- CaNfornia
Orange County
Commission # 2195522
MyComm. Expires May 5, 2021
(Affix Seal)
MONUMENTATION PERFORMANCE BOND
(To Be Used With Subdivision Improvement Agreement)
TractAMapNo.: 16507 Bond No.: 30080108
Case No.: Premium: $100.00
Richmond American Homes of
LET IT BE KNOWN BY THESE PRESENT, that Mamland, Inc.
as the subdivider (hereinafter “Principal”),and The Continental Insurance ComQany ,doing business under and by virtue of the laws of the State of California and duly licensed to conduct a general surety business in the State of California, as surety, (hereinafter “Surety”), are held and firmly bound unto the City of Victorville, a municipal corporation (hereinafter “‘City”),in the County of San Bernardino, State of California, and to and for the benet” t of any and all persons who may suffer damage by reason of the breach of the conditions hereof, in the penal sum of Nine Thousand Two Hundred Seventy Three &00/100th5dollars($ 9 273-00 ) lawfulmoney of the UnitedStates, to be paid to City.
WHEREAS, Principal is presently engaged in subdividing certain lands to be known as Tract Map/Parcel MaplCase No. Tract Map No. 16507 located at I in the City of Victorville; and,
WHEREAS, Principal and City have entered into a Subdivision Improvement Agreement and recorded with the San Bernardino County Recorder per Document No. _ (hereinafter referred to as “Agreement”) whereby
Principal agrees to install durable survey monuments for said subdivision, which said Agreement, dated ,20 _, and identified as Tract
Map/Parcel MaplCase No. Tract MagNO 16507 ,is hereby referred to and made a part hereof; and,
WHEREAS, Principal desires to not install durable survey monuments prior to the recordation of the final map of the subdivision and desires to install same at a later date,
NOW, THEREFORE, the condition of the above Obligation is that if Principal shall have installed durable monuments of the survey by
Hunsaker&ASSOCiateSIrvine,Inc. (Name of Licensed Civil Engineer or Land Surveyor) in accordance with the final map of said Subdivision, a copy of which said map is hereby made and same is incorporated herein as though set forth in full and according to the ordinances of the City of Victorville in full force and effect at the time of the giving of this bond, on or before the expiration of thirty (30) consecutive days following completion and acceptance of public improvements within said subdivision as specified in said Agreement, then the obligation shall be void, othenIvise to be and remain in full force and effect. I
CCP:ccp
lshared/Development/ProjectslsuretyRecoverylForms/MonumentationBond.Blank.1 0131 1 Monumentation Performance Bond
Tract/Case No.: 16507
Bond No.: 30080108
As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, and including reasonable attorney’s fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on March 27 , 20 20 _ Richmond American Homes of Maryland, Inc. The Continental Insurance Company Name of Principal (Applicant) Name of Surety‘Company \
By: (”Wk V/ By: Kathleen K. Freund, Attorney-in-Fact
By:‘ ' By: (W;
By: By:
MailingAddress:
5171 California Avenue, Suite 120 10375 Park Meadows Drive, Suite 300 Address of Principal Address of Surety Company
Irvine California 92617 Littleton Colorado 80123
City, State Zip Code City, State Zip Code
ABOVE-SIGNATO‘RIES MUST BE NOTARIZED
APPROVEDASTOFORM:
@
Chuck Buquet, Risk Manager . City Attorney
. CCP:ccp
lsharedlDevelopmentIProjects/SuretyRecovery/Forms/MonumentationBond.Blank.030520 CALIFORNIA ALL—PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of Colorado
County of Denver
On WWW 21% before me, Nathan Mulhauser
(Here insertname and title of the officer)
Kathleen K. Freundpersonally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscn'bed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURYunder the laws of the State of Califomia that the foregoing paragraph . is true and correct.
NATHANMLlJaLtgtlAUSER
WITNESS my hand and official seal. Notary u m
State of Colorado
Notary ID # 20064038639
My Commission Expites 09-22-2022
Signattireof Notary Public
MyCommission Expires: September 22, 2022
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONSFOR COMPLETINGTHIS FORM
Any acknowledgment completed in California must contain verbiage exactly asDESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary sectionor a separate acknowledgmentform must beL properly completed and attached to that document. The only exception is If a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegalfbr a notary in California (i.e. certt‘fiiingthe authorized capacity of the stgner). Please check the document carefidly for proper notarial wording and attach thisform {frequired
(Title or description of attached document)
(Title or description of attached document continued)
State and County information mustlbe the State and County where the document signer(s) peis anally appeared before the notary public for acknowledgment Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgmentis completed. (Additional information) The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public).
Print‘the name(s) of document signer(s) who personally appear at the time of notarization.
C AP ACITY CLAIMED BY THE SIGNER Indicate the correct singular or plural fog‘msby crossing off incorrect forms (Le. 111diVi dual (S) he/she/they; is late) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording.
Corporate Officer The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re-seal if a (Title) suflicient area permits, otherwise complete a different acknowledgment form.
Partner(s) Signature of the notary public must match the signature on file with the office of . the county clerk.
IX AnomBY‘m'FaCt '3' Additionalinformationis not requiredbut could help to ensurethisTrustee(s) acknowledgmentis not misused or attached to a different document.Other ‘2' Indicate title or type of attached document, number ofpages and date. 4' Indicate the capacity claimed by the signer. If the claimed capacity is a corporate ofiieer, indicate the title (i.e. CEO, CFO, Secretaxy).
Securely attachthis document to the signed document
Number of Pages Document Date
2008 Version CAPAv12.10.07 800-873-9865 www.NotaryCIasses.com Know All Men By These Presents, That The Continental Insurance Company, a Pennsylvania insurance company, is a duly organized and existing insurance company having its principal office in the City of Chicago, and State of Illinois, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint
Kathleen K. Freund , Individually
'of Denver , Colorado , its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalfbonds, undertakings and other obligatory instruments of similar nature —In Unlimited Amounts —
Surety Bond Number: 30080108
Principal: Richmond Amerimn Homes of Maryland, Inc. a Maryland corporation Obligee: City of Victorville
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the insurance company and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions, printed on the reverse hereof; duly adopted, as indicated, by the Board of Directors of the insurance company.
In Witness Whereof, The Continental Insurance Company has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 3rd day of J une, 2015.
<
The Continental Insurance Company
Paul’lliBruflat
State of South Dakota, County of Minnehaha, 55:
On this 3rd day of June, 2015, before me personally came Paul T. Bruflat to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of The Continental Insurance Company, a Pennsylvania insurance company, described in and which executed the above instrument; that he knows the seal of said insurance company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority giVen by the Board of Directors of said insurance company and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance company. "’R‘iiififi Kim ”MiA55“3‘."
mu.
h
Myc6hiih1§§iofi"éxpitésFebruary12,2021 "'SZEiéh " ' Notary‘Public"
CERTIFICATE
l, D. Bult, Assistant Secretary of The Continental Insurance Company, a Pennsylvania insurance company, do hereby certify that the Power of Attorney herein above set forth is still in force, and filrther certify that the By-Law and Resolution of the Board of Directors of the insurance company printed on the reverse hereof is still in force. Intestimony whereof I have hereunto subscribed my name and aflixed the seal of the said insurance companythis 27th‘ dayof March , 2020
The Continental Insurance Company
'assistaiit'eié'r‘éh‘my
Form F6850-4-20l2
Authorizing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL INSURANCE COMPANY:
This Power of Attorney 13made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company at a meeting held on May 10,1995.
“RESOLVED: That any Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Group Vice President to the Secretary of the Company prior to such execution becoming effective.
This Power of Attorney 1ssigned by Paul T. Bruflat, Vice President, who has been authorized pursuant to the above iesolution to execution power of attorneys on behalf of The Continental Insurance Company.
This Power of Attorney 15signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25‘hday of Apnl, 2012. “Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the “Authorized Officers”) to execute various policies, bonds, undertakings and other obligatory instruments of like nature; and Whereas, from time to time, the signature of the Authorized Officers, inaddition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic format (collectively, “Electronic Signatures”), Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company.” Authorizing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL INSURANCE COMPANY:
This Power of Attorney is made and executed pursuant to and byauthority of the following By-Law duly adopted by the Board of Directors of the Company at a meeting held on May 10, 1995.
“RESOLVED: That any Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Group Vice President to the Secretary of the Company prior to such execution becoming effective.
This Power of Attorney is signed by Paul T. Bruflat, Vice President, who has been authorized pursuant to the above resolution to execution power of attorneys on behalf of The Continental Insurance Company.
This Power of Attorney 13signed and sealed by facsimile under and bythe authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25‘hday of April, 2012. “Whereas, the bylaws of the Company br specific resolution of the Board of Directors has authorized various officers (the “Authorized Officers”) to execute various policies, bonds, undertakings and other obligatory instruments of like nature; and Whereas, from time to time, the signature of the Authorized Officers, in addition to being provided in original, hard copy format, may be -provided via facsimile or otherwise in an electronic fomat (collectively, “Electronic Signatures”), Now therefore be it resolved: that the ~Electronic Signature of any Authorized Officer shall be valid and binding on the Company.” CALIFORNIA ALL—PURPOSEACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that
document.
State of California )
County of Orange )
On March 30, 2020, before me, T Ris, Notary Public, personally appeared Sondra Harris, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/a1=esubscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
T.RIS
NotaryPublic- California
Orange County
Commission# 2195522
MyComm. ExpiresMay5. 2021
(Slgnature) V/
(Affix Seal)
PUBLIC IMPROVEMENTS LABOR AND MATERIALS BOND
(To Be Used With Subdivision Improvement Agreement or Construction/Excavation Permit) Tract MapNo.: jQfiQZ BondNo.: 30080107
Case No.: Premium: $2,035.00
WHEREAS, the City Council of the City of~Victorville, County of San Bernardino, State of California, and Richmond American Homes of Maryland, Inc. (hereinafter “Principal”) have entered into a Subdivision Improvement Agreement (hereinafter referred to as “agreement") whereby Principal agrees to install and complete certain designated public improvements, which said Agreement, dated—
, 20 , and identified as Tract Map No. 16507 and
Case No.: for streetl curb & gutterz sidewalkz storm drain & sewer * lmgrovementgs), is hereby referred to and made a art hereof; and, * relating to Lots 1-31, 5 -72, & 87—100of Mesa View
WHEREAS, under the terms of said Agreement, Principal is required, before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Victorville to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4, of the Civil Code of the State of California.
NOW THEREFORE, said Principal and The Continental Insurance Comgany , doing business under and by virtue of the laws of the State of California and duly licensed to conduct a general surety business in the State of California, as surety, (hereinafter “Surety”), are held and firmly bound unto the City of Victorville, a municipal corporation (hereinafter “City") in the County of San Bernardino, State of California, and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the aforesaid Agreement and referred to in the aforesaidCode ofCivilProcedureinthe sum of TWOHundredTwentySixThousand Fifty Eight &83/100ths dollars, ($ 226,058.83 _ ), lawful money of the United States, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4, of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, othen/vise, it shall be and remain in full force and effect.
Public Improvements
Labor & Materials Bond
Tract Map No.:4%
Case No.:
Bond No.: 30080107
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on March 27 , 20 20 .
Richmond American Homes of Maryland, Inc. The Continental Insurance Company Name of Principal (Applicant) Name of Surety Company
- “a L r'rr/. I V/ By: Kathleen K. Freund, Attorney—in-Fact .10M;1L4’ K
By: By:
Mailing Address:
5171 California Avenue, Suite 120 10375 Park Meadows Drive, Suite 300 Address of Principal Address of Surety Company
Irvine, California 92617 Littleton, Colorado 80123
City, State Zip Code City, State Zip Code
ABOVE-SIGNATORIES MUST BE NOTARIZED
APPROVED AS TO FORM:
L
Chuck Buquet, Risk Manager ' City Attorney
CCchcp
[shared/Developmenthrojects/SuretyRecovery/Forms/L&MBond.Blank.030520 CALIFORNIA ALL—PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of Colorado
County of Denver
On MWW 21,0010 before me, Nathan-Mulhauser
(Here insert name and title of the officer)
personally appeared Kathleen K. Freund
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
(I certify under PENALTYOF PERJURY under the laws of the State of California that the foregoing paragraph is true‘and correct.
NATHANMULHAUSER. Notary PubhcWI S my hand and offic1a1 seal. sme of Colorado , Notary ID # 20064038639
My Commission Expires 09-22-2022
(Notary Seal‘ '
Signature of Notary Public
My Commission Expires: September 22, 2022
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONSFOR COMPLETINGTHIS FORM' Any acknowledgment completed in California must contain verbiage exactly asDESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary sectionor a separate acknawledgmentfirm must be properly completed and attached to that document. The only exception is if a _ document is to be recorded outside of Calflbmia. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegalfor a notary in California (i.e. certifying the authorized capacity of the stgner). Please check the document carefidly for proper notarial wording and attach thisfmm if required.
(Title or description of attached document)
(Title or description of attached document continued)
0 State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment.
Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. (Additional information) The notary public must print his or her name as it appears within his or her comniission followed by a comma and then your title (notary public).
Print- the name(s) of document signer(s) who peisonally appear at the time of notarization. ,C AP ACITY CLAIMED BY THE SIGNER Indicate the correct singular or plural forms by crossing offincorrect forms (i.e.. . he/she/theyr is hare) or circling the correct forms. Failure to correctly indicate thisInd1v1dua1 (5) information may lead to rejection of document recording. a The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re—sealif a (Title) sufficient area permits, otherwise complete a different acknowledgmentform.Partner(s) Signature of the notary public must match the signature on file with the office of. the county clerk.
IX AttornCY'm'FaCt °2‘ Additionalinformationis not required but could help to ensure thisTrustee(s) acknowledgmentis not misused or attached to a different document.Other ‘ '3' Indicate title or type of attached document, number of pages and date. s? Indicate the capacity claimed by the signer. If the claimed capacity is a corporate ofi'icer, indicate the title (i.e. CEO, CFO, Secretary).
Securely attachthis document to the signed document
Number of Pages Document Date
Corporate Officer
2008 Version CAPAv12.10.07 800-873-9865 www.NotaryClasses.com Know All Men By These Presents, That The Continental Insurance Company, a Pennsylvania insurance company, is a duly organized and existing insurance company having its principal office in the City of Chicago, and State of Illinois, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint
Kathleen K. Freund . Individually
‘of Denver ‘ , Colorado , its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalfbonds, undertakings and other obligatory instruments of similar nature —ln Unlimited A_mounts —
Surety Bond Number: 30080107 .
Principal; Richmond American Homes of Maryland, Inc. a Maryland corporation Obligee: City of \fictorville
and to bind them thereby as fiilly and to the same extent as if such instruments were signed by a duly authorized officer of the insurance company and all the acts of said Attorney, pursuant to the authority hereby. given is hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Board of Directors of the insurance company.
In Witness Wheteof, The Continental Insurance Company has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 3rd day of J une, 2015. -
The Continental Insurance Company
Paul'11.B flat - ice President
State of South Dakota, County of Minnehaha, 55:
On this 3rd day of June, 2015, before me personally came Paul T. Bruflat to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of The Continental Insurance Company, a Pennsylvania insurance company, described in and which executed the above instrument; that he knows the seal of said insurance company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said insurance company and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance company.
2...;,.-essss:<s~ss~§ss“5~'
,3 essencu . .rK@'W'"‘“°'2,. southwe é,. mgans‘évéésw-e‘ MyComhiissionExpiresFebruary12,2021 "s:Ei'ch " ' ' 0‘ " “ NotaryPublic
CERTIFICATE
I, D. Bult, Assistant Secretary of The Continental Insurance Company, a Pennsylvania insurance company, do hereby certify that the Power of Attorney herein above set forth is still in force, arid further certify that the By-Law and Resolution of the Board of Directors of the insurance company printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance company this 27th day of March , 2020
The Continental Insurance Company
"D.Bult" " ‘ ‘ -- -.f/.\s’s'ismm:.ecre'tary
Form F6850—4-2012
Authorizing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL INSURANCE COMPANY:
This Power of Attorney ISmade and executed pursuant to and by authority of the following By—Lawduly adopted by the Board of Directors of the Company at a meeting held on May 10,1995.
“RESOLVED: That any Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Group Vice President to the Secretary of the Company prior to such execution becoming effective.
This Power of Attorney is signed by Paul T. Bruflat, Vice President, who has been authorized pursuant to the above resolution to execution power of attorneys on behalf of The Continental Insurance Company.
This Power of Attorney 1ssigned and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of D1rectors of the Company by unanimous written consent dated the 25lh_dayoprril, 2012. ‘ “Whereas, the bylaws of the Company br specific resolution of the Board of Directors has authorized various officers (the “Authorized Officers”) to execute various policies, bonds, undenakings and other obligatory instruments of like nature; and Whereas, from time to time, the signature of the Authorized Officers, in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic format (collectively, “Electronic Signatures”), Now therefore be it resolved: that the Electronic Signature of any Authorized Ofiicer shall be valid and binding on the Company.” Authorizing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL INSURANCE COMPANY:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company at a meeting held on May 10, 1995.
“RESOLVED: That any Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Group Vice President to the Secretary of the Company prior to such execution becoming efi'ective.
This Power of Attorney is signed by Paul T. Bruflat, Vice President, who has been authorized pursuant to the above resolution to execution power of attorneys on behalf of The Continental Insurance Company. ' This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25‘hday of April, 2012. “Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the “Authorized Officers”) to execute various policies, bonds, undertakings and other obligatory instruments of like nature; and Whereas, from time to time, the signature of the Authorized Officers, in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic format (collectively, “Electronic Signatures” , Now therefore be it resolved: that the ' Electronic Signature of any Authorized Officer shall be valid and binding on the'Company.” 3,;
CALIFORNIA ALL—PURPOSEACKNOWLEDGMENT
A notary public or other officer completing this A
certificate verifies only the identity of the individual who signed the document to which this ceitificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of Orange )
On March 30, 2020, before me, T Ris, Notary Public, personally appeared Sondra Harris, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/theif authorized capacity(ies), and. that by liri—s/her/t-heiic signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(Signature)
T.RIS
NotaryPublic- California
Orange County '
Commission3 2195522
MyComm.ExpivesMay5, 2021
(Affix Seal)
Item Number: 10
City Council / Board of Directors
Consent Calendar
Meeting of: November 7, 2023
Submitted By:
Sophie L. Smith, Deputy City Manager / City Treasurer
Subject:
Quarterly Investment Report as of September 30, 2023
Recommendation:
That the City Council/Board of Directors receive and file the attached Quarterly Investment Report as of September 30, 2023.
Fiscal Impact:
There is no fiscal impact associated with this item. This is a report of cash and investments held by the City to be provided quarterly to the City Council/Board of Directors to receive and file.
Strategic Plan Goal:
Goal A. Financial Sustainability - Foster fiscal health through disciplined long-term planning by adhering to our three (3) investment policy criteria: safety, liquidity, and yield.
Background:
The City Treasurer is to provide the City Council/Board of Directors a quarterly report of investments, as stated in California Government Code Section 53646.
Discussion:
In accordance with the City’s Investment Policy and California Government Code Section 53646, the City Treasurer shall prepare a Quarterly Investment Report, with interim reports as may be requested by the City Council/Board of Directors or deemed as appropriate by the City Treasurer. This report shall include a management summary that provides a status of the current investment portfolios.
Below is a summary of the City’s investment performance for the previous five fiscal years, the average yield of the previous five fiscal years, and the average yield for the current fiscal year as of the current quarter. A large portion of the City’s funds are held in 3 3
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Local Agency Investment Fund (LAIF) accounts and are classified as cash since the City can access these funds at any time. The majority of the funds held in the Trustee Accounts are reserve funds for the City’s bond issuances and are required to be held with the trustee until the bond’s final maturity date. The detail of these investments can be found in the Quarterly Investment Reports. Staff is available to answer any questions the City Council/Board of Directors may have.
Average Annual Yield: Past 5 Fiscal Years, 5-Year Avg, and Current Fiscal Year Avg
Fiscal Year:
Investment Type
2018/19 2019/20 2020/21 2021/22 2022/23
5-Year
Avg
Current
FY Avg
LAIF/Bank Accounts
(Cash) 2.10% 1.71% 0.54% 0.34% 3.35% 1.61% 4.67%
Trustee Accounts
(Bond Reserve
Funds)
2.14% 0.85% 0.13% 0.48% 4.15% 1.55% 5.20%
Attachments: A. Quarterly Investment Report as of September 30, 2023
Item Number: 11
City Council / Board of Directors
Consent Calendar
Meeting of: November 7, 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 September 2023.
Discussion:
The attached Fire Department Newsletter includes call response statistics, Fire Prevention updates, department activity updates and various helpful information from the department.
Attachments: A. Fire Department Newsletter
Attachment A
Fire Department Newsletter
Item Number: 12
City Council / Board of Directors
Consent Calendar
Meeting of: November 7, 2023
Submitted By:
Andre de Bortnowsky, City Attorney
Subject:
Settlement Agreement between the City of Victorville and GLV Investments, LLC and Jack Chen
Recommendation:
That the Honorable City Council approve the Citation Settlement Agreement by and between GLV Investments, LLC, Jack Chen, and the City of Victorville in regard to Citation Nos. 28608 and 23356 and authorize the City Manager to sign the Citation Settlement Agreement.
Fiscal Impact:
The City recovered its abatement costs of $3,005.98 in November 2021. This amount was allocated to the account as reflected below:
Account No. Description Amount
1004030-44350 Code Compliance - Cost Recovery $3,005.98 Strategic Action Plan
Not Applicable.
Background:
On December 17, 2019, the City of Victorville (“City”) adopted Ordinance No. 2400 amending the Victorville Municipal Code (“VMC”) to include section 13.150.060. VMC section 13.150.060 became effective on January 1, 2020 and provides an administrative citation and fine structure for excess cannabis cultivation within the City limits. The State of California allows for the cultivation of up to six (6) cannabis plants at a residential property. VMC section 13.150.060(c) prohibits cultivation of cannabis in excess of six (6) plants at residential properties within the City limits. A violation of VMC section
13.150.050(c) carries a $100.00 fine per plant for plants found in excess of the six (6) allowable cannabis plants.
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In recent history, the City’s Police and Code Compliance Departments have encountered excess cannabis cultivation operations inside residential homes. A typical excess cannabis cultivation within the City has ranged from approximately 200 to 2,000 cannabis plants being cultivated inside a residential home. These excess cannabis cultivation operations result in substantial damage to the interior of the home. Although the prohibition of excess cannabis cultivation applies to commercial properties within City limits as well as homes, the majority of these types of illegal cannabis cultivation operations occur inside residential properties.
The City’s Police and Code Compliance Departments investigate excess cannabis cultivation operations. These departments issue citations to the property owner or responsible party. The City’s Building Department, along with the Police and Code Compliance Departments, work to secure the residence, record building and safety violations present at the property that are the result of the excess cannabis cultivation, stabilize the utilities, and remove the cannabis from the home. The City incurs abatement costs related to the work completed by City departments stemming from the cannabis removal and securing the residential or commercial structure.
The administrative citation and fine process defined in VMC section 13.150.060 is one way the City combats excess cannabis cultivations within its City limits. Enforcement of the City’s excess cannabis cultivation ordinance is intended to protect the health, welfare, and safety of the City’s residents from the public nuisance conditions associated with these properties.
Discussion:
GLV Investments, LLC and Jack Chen own a residential property in Victorville. An excess cannabis cultivation operation was found inside its residential property in February 2020.
The City issued a citation for a violation of VMC section 13.150.060(c). The City's Code Compliance, Police and Building Departments abated the dangerous conditions present at the property.
Pursuant to the Closed Session discussion on August 15, 2023, GLV Investments, LLC and Jack Chen have accepted the terms of the settlement offer from the City Council. The settlement terms, which are memorialized in the attached settlement agreement, require the property owners, GLV Investments, LLC and Jack Chen, to file a dismissal for San Bernardino Superior Court Case No. CIVSB2109543, and for the City to discharge any and all past and present claims now existing between GLV Investments, LLC, Jack Chen, and the City.
Staff and the City Attorney’s office recommend that the City Council approve and authorize the City Manager to sign the attached Citation Settlement Agreement as it is consistent with the City Council direction given during the Closed Session portion of its August 15, 2023, meeting.
Attachments: A. Citation Settlement Agreement
ATTACHMENT A
CITATION SETTLEMENT AGREEMENT
Item Number: 13
City Council / Board of Directors
Consent Calendar
Meeting of: November 7, 2023
Submitted By:
Andre de Bortnowsky, City Attorney
Subject:
Settlement Agreement between the City of Victorville and Xue Mei Recommendation:
That the Honorable City Council approve the Citation Settlement Agreement by and between Xue Mei and the City of Victorville in regard to Citation Nos. 25452, 26251, and 26570 and authorize the City Manager to sign the Citation Settlement Agreement.
Fiscal Impact:
The City will recover its abatement costs of $4,806.23 in November 2023. This amount will be allocated to the account as reflected below:
Account No. Description Amount
1004030-44350 Code Compliance - Cost Recovery $4,806.23 The City will recover the sum of $3,600.00 in fines on the Citation.
Account No. Description Amount
1004030-47140 Code Compliance – Admin Citation Fees $3,600.00 Strategic Action Plan
Not Applicable.
Background:
On December 17, 2019, the City of Victorville (“City”) adopted Ordinance No. 2400 amending the Victorville Municipal Code (“VMC”) to include section 13.150.060. VMC section 13.150.060 became effective on January 1, 2020 and provides an administrative citation and fine structure for excess cannabis cultivation within the City limits. The State of California allows for the cultivation of up to six (6) cannabis plants at a residential 3 0
9 5
property. VMC section 13.150.060(c) prohibits cultivation of cannabis in excess of six (6) plants at residential properties within the City limits. A violation of VMC section
13.150.050(c) carries a $100.00 fine per plant for plants found in excess of the six (6) allowable cannabis plants.
In recent history, the City’s Police and Code Compliance Departments have encountered excess cannabis cultivation operations inside residential homes. A typical excess cannabis cultivation within the City has ranged from approximately 200 to 2,000 cannabis plants being cultivated inside a residential home. These excess cannabis cultivation operations result in substantial damage to the interior of the home. Although the prohibition of excess cannabis cultivation applies to commercial properties within City limits as well as homes, the majority of these types of illegal cannabis cultivation operations occur inside residential properties.
The City’s Police and Code Compliance Departments investigate excess cannabis cultivation operations. These departments issue citations to the property owner or responsible party. The City’s Building Department, along with the Police and Code Compliance Departments, work to secure the residence, record building and safety violations present at the property that are the result of the excess cannabis cultivation, stabilize the utilities, and remove the cannabis from the home. The City incurs abatement costs related to the work completed by City departments stemming from the cannabis removal and securing the residential or commercial structure.
The administrative citation and fine process defined in VMC section 13.150.060 is one way the City combats excess cannabis cultivations within its City limits. Enforcement of the City’s excess cannabis cultivation ordinance is intended to protect the health, welfare, and safety of the City’s residents from the public nuisance conditions associated with these properties.
Discussion:
Xue Mei owns a residential property in Victorville. An excess cannabis cultivation operation was found inside its residential property in January 2020. The City issued a citation for a violation of VMC section 13.150.060(c). The City's Code Compliance, Police and Building Departments abated the dangerous conditions present at the property.
Ms. Mei has accepted the terms of the settlement offer from the City Council. The settlement terms, which are memorialized in the attached settlement agreement, require Ms. Mei to pay the sum of $8,406.23, and waives any penalties or other fees that have accrued since the issuance of the citations.
In the event Ms. Mei fails to fulfill her obligations under the Agreement, the Agreement gives the City the right to sue her for the full amount of the settlement, and to recover its attorneys’ fees incurred.
Staff and the City Attorney’s office recommend that the City Council approve and authorize the City Manager to sign the attached Citation Settlement Agreement as it is 3 0
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consistent with the City Council direction.
Attachments: A. Citation Settlement Agreement
ATTACHMENT A
CITATION SETTLEMENT AGREEMENT
Item Number: 14
City Council / Board of Directors
Consent Calendar
Meeting of: November 7, 2023
Submitted By:
Andre de Bortnowsky, City Attorney
Subject:
Settlement Agreement between the City of Victorville and Hai Lin Chen Recommendation:
That the Honorable City Council approve the Citation Settlement Agreement by and between Hai Lin Chen and the City of Victorville in regard to Citation No. 30429 and authorize the City Manager to sign the Citation Settlement Agreement.
Fiscal Impact:
The City recovered its abatement costs of $3,269.22 in September 2022. This amount was allocated to the account as reflected below:
Account No. Description Amount
1004030-44350 Code Compliance - Cost Recovery $3,269.22 The City will recover the sum of $109,200.00 in fines on the Citation.
Account No. Description Amount
1004030-47140 Code Compliance – Admin Citation Fees $109,200.00 The City will recover the sum of $109,200.00 in fines on the Citation, where a payment of $20,0000 will be paid to the City within 15 days after the execution and ratification of the agreement and thereafter, Hai Lin Chen will make a total of 12 monthly payments in the amount of $7,433.00 due on the first day of each month. This amount will be allocated to the Code Compliance – Admin Citation Fees account as reflected above.
Strategic Action Plan
Not Applicable.
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Background:
On December 17, 2019, the City of Victorville (“City”) adopted Ordinance No. 2400 amending the Victorville Municipal Code (“VMC”) to include section 13.150.060. VMC section 13.150.060 became effective on January 1, 2020 and provides an administrative citation and fine structure for excess cannabis cultivation within the City limits. The State of California allows for the cultivation of up to six (6) cannabis plants at a residential property. VMC section 13.150.060(c) prohibits cultivation of cannabis in excess of six (6) plants at residential properties within the City limits. A violation of VMC section
13.150.050(c) carries a $100.00 fine per plant for plants found in excess of the six (6) allowable cannabis plants.
In recent history, the City’s Police and Code Compliance Departments have encountered excess cannabis cultivation operations inside residential homes. A typical excess cannabis cultivation within the City has ranged from approximately 200 to 2,000 cannabis plants being cultivated inside a residential home. These excess cannabis cultivation operations result in substantial damage to the interior of the home. Although the prohibition of excess cannabis cultivation applies to commercial properties within City limits as well as homes, the majority of these types of illegal cannabis cultivation operations occur inside residential properties.
The City’s Police and Code Compliance Departments investigate excess cannabis cultivation operations. These departments issue citations to the property owner or responsible party. The City’s Building Department, along with the Police and Code Compliance Departments, work to secure the residence, record building and safety violations present at the property that are the result of the excess cannabis cultivation, stabilize the utilities, and remove the cannabis from the home. The City incurs abatement costs related to the work completed by City departments stemming from the cannabis removal and securing the residential or commercial structure.
The administrative citation and fine process defined in VMC section 13.150.060 is one way the City combats excess cannabis cultivations within its City limits. Enforcement of the City’s excess cannabis cultivation ordinance is intended to protect the health, welfare, and safety of the City’s residents from the public nuisance conditions associated with these properties.
Discussion:
Hai Lin Chen owns a residential property in Victorville. An excess cannabis cultivation operation was found inside its residential property in August 2020. The City issued a citation for a violation of VMC section 13.150.060(c). The City's Code Compliance, Police and Building Departments abated the dangerous conditions present at the property.
Mr. Chen has accepted the terms of the settlement offer from the City Council. The settlement terms, which are memorialized in the attached settlement agreement, require Mr. Chen to pay the sum of $109,200.00, including interest, and waives any penalties or other fees that have accrued since the issuance of the citation. Hai Lin Chen has agreed to pay $20,000 within 15 days of ratification of the agreement and pay an amount of 3 3
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$7,433 monthly equating 12 monthly payments. Hai Lin Chen has paid the City’s abatement costs in September 2022 and no further amount is due.
In the event Mr. Chen fails to fulfill his obligations under the Agreement, the Agreement gives the City the right to sue her for the full amount of the settlement, and to recover its attorneys’ fees incurred.
Staff and the City Attorney’s office recommend that the City Council approve and authorize the City Manager to sign the attached Citation Settlement Agreement as it is consistent with the City Council direction.
Attachments: A. Citation Settlement Agreement
ATTACHMENT A
C
ITATION SETTLEMENT AGREEMENT
CITATION SETTLEMENT AGREEMENT
THIS CITATION SETTLEMENT AGREEMENT (the "Agreement") is entered into as of November __` 2023 (the "Effective Date"), by and among the CITY, VICTORVILLE, a municipal corporation, ("City"), and HAI LIN CHEN ("Defendant") .OF City and Defendant are collectively referred to as the "Parties", with respect to the following:
RECITALS
WHEREAS, Defendant is the owner of a residential property located at, 11938 Tiffany Street, Victorville, California, 92394 ("Property"); and WHEREAS, Defendant is the person in full charge and control of the Property; and
WHEREAS, Defendant has been issued Citation No. 30429 by the City of Victorville Code Enforcement Division, for violating Victorville City Municipal Code
13.150.060(c) pertaining to excess cannabis cultivation at the Property; and WHEREAS, the Parties believe that it is in its best interest to settle the citation fine amount pursuant to the terms of this Agreement; and NOW THEREFORE, in consideration of the mutual promises and releases contained herein, and for other good and valuable consideration, receipt of which is hereby acknowledged, the Parties agree as follows:
AGREEMENT
SECTION 1. DEFENDANT'S OBLIGATIONS
1.1 Defendant shall take the following steps immediately following the date of execution of this Agreement:
• In Citation No. 30429, Defendant agrees to pay a fine of $109,200.00.
1. Defendant shall pay $20,000.00 to the City of Victorville within fifteen (15) days of the execution and ratification of this agreement by the City Council of Victorville.
2. Thereafter, Defendant shall make monthly payments of $7,433.00 to the City of Victorville for a period of twelve (12) months, this monthly amount included interest at the prime rate of 3.5%. The monthly payments shall be made on the first day of each month, commencing on November 2023, continuing through October/November 2024.
Citation Settlement Agreement Page 1
DocuSign Envelope ID: 03FDF34C-OA4F^t5B5-883F-CD94080BC6D1
3. All Penalties, Interest and other Fees that have accrued since the issuance of the citation are waived by this Agreement.
Defendants shall comply with all requirements in the_Notice of Violation issued by-the'C"ity of Victorville" Code Enforcement Division, Case No. 02056, dated August 13, 2020.
License:
Defendant shall obtain and maintain a City of Victorville Rental Business within 180 days from. Defendant shall file permit number BLDR permit issuance.
The Defendant and his agents shall not use or allow the Property to be used in mannerwhich violates Victorville Municipal Code Chapter 13. 150.060(c).
SECTION 2. CITY'S OBLIGATIONS
2.1 The City shall take the following actions:
Upon receipt of the initial fine payment of $20-000.00 the City shall beginthe Drocessto issue to Defendant the appropriate permits, through the City of VictSrviHe~BuHdrng-bepartment, required to abate the municipal code vi^^^^^ "at the property, as stated in the Notice of Violation issued on Augus^lS, 202'6'by'the CityofVictorville Code Enforcement Division. (Case No. CODE20- 02056).
SECTION 3. REMEDIES FOR FAILURE TO COMPLY
Defendant's failure to comply with Section 1 of this Agreement shall entitle^the ;itv to:'m'lnitiate proceedings in'Superior Court to enforce this A9reement:^2re'wke'DefendanFs Business license; and/or (3) take any other legal remedy available under the law to the City.
SECTION 4. NOTICE
notice or communication required hereunder between City and^Defendant shall be'in'writing, and may be given by both regular United States Mail and by certified mail', "retum^ecelpt" requested. *' Notice or com'munications shall be deemed to hav been gTven on the date'of mailing. Any party hereto mayatanytime_UPOn, w^^t"o'?iet'other'party hereto, designate any other address in substitution of the address _to v^hich such notice'orcommunTcation shall be given. Notices or communications9iven d'i'recUy between'the" parties shall only be'sent to the, ot_h_er . Pa^_,,Not;^s ^r^om'munrc ationsgiven by legal counsel shall only be served upon legal counsel for the Citation Settlement Agreement Page 2
DocuSign Envelope ID: 03FDF34C-0A4F-45B5-883F-CD94080BC6D1 other party. Such notices or communications shall be given to the parties at their respective addresses set forth below:
To City:
To City's Counsel:
To Defendant:
Jorge Duran, Code Enforcement Manager
City of Victorville
14343 Civic Drive
PO Box 5001
Victorville, CA. 92393-500
Joan Stevens Smyth, Deputy City Attorney
City of Victorville
30077 Agoura Court, Suite 210
Agoura Hills, California 91301
Hai Lin Chen
1 Kemwood Street, First Floor
Malden, MA 02148
SECTION 5. MODIFICATIONS
Neither this Agreement, nor any term or provIsIon thereof, may be waived, modified, or amended except by written agreement signed by all Parties.
SECTION 6. JOINTLY DRAFTED
It is agreed to by and between the Parties that this Agreement was jointly negotiated and jointly drafted by the Parties, and that it shall not be interpreted or construed in favor or against either party on the ground that said party drafted the Agreement. The language of this Agreement shall be construed as a whole according to Its fair and logical meaning and not strictly for or against any of the Parties.
SECTION 7. RIGHT TO SEEK INDEPENDENT LEGAL COUNSEL
Each Party acknowledges that it has had the right to retain independent legal counsel of its own choice throughout all of the negotiations which preceded the execution of this Agreement, and that each Party has executed this Agreement voluntarily and with a full understanding of each and every term of the Agreement whether or not with the consent and on the advice of such independent legal counsel.
SECTION 8. SEVERABILITY
If any part of this Agreement is said to be unlawful or not effective, the remainder of Citation Setliement Agreement Page3
DocuSign Envelope ID: 03FDF34C-OA4F-45B5-883F-CD94080BC6D1 this Agreement shall remain in full force and effect.
SECTION 9. COUNTERPARTS
This Agreement may be executed in one or more identical TOUnterParts^achofwhich shall 'be deemed to'be an original hereof. Signatures via facsimile or otherwise transmitted electronically are authorized and shall be deemed original signatures.
SECTION 10. WAIVER
A waiver of any provision of this Agreement by any of the Parties shal^not^ be deemed a waiver of such provision either before or thereafter and shall not be a waiver of any other provision of this Agreement.
SECTION 11. EFFECTIVE DATE
This Agreement shall become effective only UPOnlts8xec. ution, by_®^ch of the persons and entities set forth below and ratification of the City Council ofVictorville.
SECTION 12. TIME IS OF THE ESSENCE
Time is of the essence with respect to any act or performance under this Agreement.
P-HE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK] Citation Settlement Agreement Page 4
DocuSign Envelope ID: 03FDF34C-OA4F-45B5-883F-CD94080BC6D1 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement effective the day and year first written above.
CIPCOFVICTORVILLE
By:
Keith Metzler, City Manager
DEFENDANT
DocuSlgnwl by:
fr(U tilA- 6(U-IA.
HAI UN CHEN
APPROVED AS TO FORM:
By:
Joan Stevens Smyth, Deputy City Attorney
APPR AS TO F^RM.
Mark Bledstein,
Attorney for Defendant
ATTEST:
By:
Jennifer Thompson, City Clerk
Citation Settiement Agreement Page 5
Item Number: 15
City Council / Board of Directors
Written Communications
Meeting of: November 7, 2023
Submitted By:
Keith C. Metzler, City Manager
Subject:
Fentanyl Presentation
Recommendation:
Any action is at the discretion of Your Honorable City Council.
Fiscal Impact:
There is no fiscal impact associated with this item.
Background:
At the June 20, 2023, regular City Council meeting, a request was made by Council Member Harriman to develop a Fentanyl Awareness and Education program which provides significant data regarding the fentanyl crisis. Staff was directed to provide information as to why there is a need for a Fentanyl Awareness and Education program and any legal issues that may arise if we launch said program. There was no specific date provided on when this program should be brought back to the Council.
Discussion:
Following the direction received from the Honorable City Council at the June 20, 2023, meeting, staff began discussing options for a Fentanyl Awareness and Education program. Staff made contact with several organizations to determine what was being done by others so as to potentially avoid duplication of efforts. Staff was subsequently contacted by Ms. Carolina Gabaldon, Program Manager, with the Institute for Public Strategies (IPS) regarding the Fentanyl Awareness program that is currently being offered to the community by the local division of IPS. Staff has since met with Ms. Carolina Gabaldon on several occasions to gather critical data regarding the local fentanyl overdose rates that are impacting our community.
The Institute for Public Strategies (IPS) is a nonprofit public health organization who specializes in implementing prevention programs that reduce health disparities and 3 3
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advance equity. IPS works alongside residents and stakeholders to protect health and safety and prevent community trauma. IPS receives funding for their programs from several local, state, and national government agencies such as St. Mary Medical Center, St. Joseph’s Foundation, California Office of Traffic Safety (OTS), San Bernardino County, and the Department of Justice (DOJ). IPS offers Naloxone (Narcan) training in the community and assists local community organizations and other entities with creating a standing order with the California Department of Public Health (CDPH).
The following presentation will provide specific data and information regarding fentanyl and the impact it is having on Victorville and surrounding areas.
This item is being presented to the Honorable City Council so that the Council can further discuss and determine if the City should form a partnership with Institute of Public Strategies to assist with the creation and delivery of a Fentanyl Awareness and Education program to the citizens of Victorville.
Staff remains available for any comments or questions.
Attachments: A. Institute for Public Strategies Fentanyl Presentation
ATTACHMENT A
Institute for Public Strategies Fentanyl
Presentation
ADDRESSING
THE FENTANYL
TIDAL WAVE
THE HIGH DESERT
FENTANYL
PREVENTION PROJECT
Our Core Values
Equity. We are committed to just and fair
solutions.
Diversity. We are committed to learning the
unique needs of communities.
Empowerment. We are committed to
elevating the voices of those directly
affected by societal problems and
emboldening them to take action.
Systems Change. We are committed to
advancing healthy social, economic and
physical environments.
Results. We are committed to achieving
positive, measurable change.
Integrity. We are committed to being
accessible, accountable and inclusive .
WHAT IS FENTANYL & HOW IS IT USED?
The Drug that Changed Everything
SAN BERNARDINO COUNTY
THE NUMBERS
• In 2021, there were 354 opioid -related
overdose deaths in the county, of
which 314 were Fentanyl-related.
• The San Bernardino County
Department of Public Health issued a
health advisory in October 2022 to
bring attention to the dangers of
fentanyl due to a significant increase in
overdose deaths countywide.
California Overdose Surveillance Dashboard
https://cdph.ca.gov/opioiddashboard/
2021 Exceeded All Expectations
SAN BERNARDINO COUNTY
The impact of Fentanyl - deaths increased at an alarming rate in less than a decade.
HIGH DESERT FENTANYL
-
RELATED DATA
Source: CA Opioid Surveillance Dashboard
HIGH DESERT ANY OPIOID
-
RELATED DATA
Source: CA Opioid Surveillance Dashboard
PRELIMINARY DATA 2022
Source: CA Opioid Surveillance Dashboard
COUNTY
-
LEVEL DEMOGRAPHIC BREAKDOWN
Source: CA Opioid Surveillance Dashboard
A crude rate is the number of new cases (or deaths) occurring in a specified population per year, usually expressed as the number of cases per 100,000 population at risk.
FENTANYL IS MAKING…
Source: San Bernardino County District Attorney’s Office Awareness Campaign and Trainings
LAW ENFORCEMENT DATA
Source: San Bernardino County Gangs & Drugs Taskforce – Updated October 30, 2023 On August 25, 2023, investigators served a search warrant at a local High Desert business in Hesperia, seizing approximately 4,000 suspected M30 fentanyl pills, processed marijuana, 227 boxes of THC resin, 35 boxes of chocolate psilocybin mushrooms, and $1300 in cash. This is just one of many fentanyl-related narcotic seizures that have taken place in the High Desert region. The numbers above will continue to climb without taking action to address the Fentanyl crisis in our region.
WHY CITIES SHOULD BE INVOLVED
• Widespread
outreach efforts
• Tells residents
that you care
about the issues
affecting them
• Access to Fentanyl
education and
Narcan
• Connecting to
resources
• Fact-based
information
• Narcan training
• Narcan
distribution
• Treating all
people with
compassion and
understanding
RISE TO THE CHALLENGE
Finding better ways to address the Fentanyl crisis
• Changing how we address substance use
issues can significantly impact the Fentanyl
crisis.
• Examine ways to increase outreach to raise
awareness and provide Fentanyl education
• Involve city leaders, individuals, businesses,
and organizations
• Develop and utilize partnerships to prevent
overdose deaths
• Take action to address the Fentanyl crisis with
education, compassion, understanding,
NALOXONE TRAINING AND DISTRIBUTION
CONTACT INFORMATION
The Institute for Public Strategies is funded by San Bernardino County Department of Behavioral Health, Substance Use Disorder and Recovery Services to provide primary prevention services.
For more information, please contact:
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Item Number: 16
City Council / Board of Directors
Written Communications
Meeting of: November 7, 2023
Submitted By:
Fredy Bonilla, City Engineer
Subject:
Approval of the Village Drive Sidewalk Project and Budget Amendment Recommendation:
That the Honorable City Council approve the addition of the Village Drive Sidewalk Project to the Measure I Five Year Capital Improvement Plan and adopt Resolution No. 23-083 to:
1) Accept a Transportation Development Act (TDA) Article 3 grant in the amount of $250,000 from the San Bernardino County Transportation Authority (SBCTA) for the Village Drive Sidewalk Project;
2) Amend the Fiscal Year 2023/2024 Budget to appropriate funds for the Village Drive Sidewalk Project, inclusive of revenue and expenses in the amount of $250,000 from the TDA Article 3 grant and matching expenses in the amount of $308,000 from Measure I;
3) Authorize the City Manager or designee to execute said grant, inclusive of the submittal of claims and requests for reimbursement; and 4) Authorize the City Engineer to certify the completion of the project.
Fiscal Impact:
The recommended action will result in a fiscal impact of $558,000 for the proposed Village Drive Sidewalk Capital Improvement Project (CIP). The Fiscal Year 2023/2024 Budget did not include this CIP. Therefore, the adoption of Resolution No. 23-083 (Attachment A) will authorize the appropriation of TDA Article 3 grant revenue and expenditures in the amount of $250,000 and the appropriation of matching expenditures in the amount of $308,000 from Measure I, Fund 250. Sufficient funds are available from the Measure I fund balance for the additional appropriation. Please refer to the table below that shows the account numbers, available budget, additional appropriation, and totals. 3 3
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Account No. Available Budget Additional Appropriation Total 2504500-55315-70050 $ 0 $308,000 $308,000
2304500-55315-70050 $ 0 $250,000 $250,000
Total $ 0 $558,000 $558,000
Strategic Plan Goal:
This item aligns with “Goal E Invest in Infrastructure” in the City of Victorville Strategic Plan 2023-2026 by increasing funding for the construction of a pedestrian safety project for the addition of new sidewalk along Village Drive.
Background:
In July of 2023, the Engineering Department submitted a grant application entitled “Village Drive Sidewalk Project” in response to the 2023 TDA Article 3 Call for Projects for Bicycle and Pedestrian Facilities in the small projects category. This category has a maximum request amount of $250,000. In August of 2023, the City Engineer received a notification from SBCTA staff that the application was selected to be presented to the Board of Directors for approval of grant funding. On October 13, 2023, the Engineering Department received a notification from SBCTA that the application was approved by the Board of Directors for grant funding for the maximum amount of $250,000. A minimum match of $308,000 is required for this project. Please refer to Attachment C, the award letter from SBCTA for this project.
Discussion:
The submission of the application for the TDA Article 3 2023 grant and subsequent notice of award provides the City with funds to construct missing segments of sidewalk along the east side of Village Drive between Tawney Ridge Lane and Puesta Del Sol Drive.
Please refer to Attachment B, a location map for the proposed project.
The scope of work is intended to provide a continuous concrete path of safe travel between the intersections for pedestrians. The missing sidewalk segments in the front residential lots are approximately 90% developed. The work may include the removal and replacement of existing drive approaches to provide a wheelchair bypass to meet current City accessibility standards, portions of existing driveways on private property, earth retaining structures, and fencing. The project plans, specifications, and engineer’s estimate for the project will be prepared in-house by Engineering staff.
Per SBCTA, conditions required to receive the grant funds include a 55% match by the City. The preliminary engineer’s estimate for construction costs of the sidewalk improvements at the time of application submission was $558,000. The funds required to match 55% of the grant are proposed to be appropriated from Fund 250, Measure I. The project will need to be included in a future update to the Measure I Five Year Capital Improvement Plan, which was previously approved by the City Council at the August 15, 2023 regular meeting and submitted to SBCTA. Staff is in the process of preparing an update for consideration by the City Council at a future meeting. 3 3
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SBCTA requires the City Council to approve a resolution to authorize the City to submit a claim for the grant funds, submit reimbursement requests, and to authorize the appropriate authorized agent to inspect and certify the completed project. A copy of the approved resolution is required to be submitted to SBCTA by April 4, 2024, for the City to become eligible for reimbursement. See Attachment C, award letter.
Staff recommends that the City Council approve the addition of the Village Drive Sidewalk Project to the Measure I Five Year Capital Improvement Plan and adopt Resolution No. 23-083 to accept the TDA Article 3 grant, appropriate revenue and expenses for the proposed project in the amount of $250,000 from SBCTA and matching expenses in the amount of $308,000 from Measure I, authorize the City Manager or designee to execute the grant, inclusive of the submittal of claims and requests for reimbursement, and authorize the City Engineer to certify the completion of the project.
Staff is available to answer any questions the Council may have.
Attachments: A. Resolution No. 23-083
B. Location Map
C. Grant Award Letter
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1 ATTACHMENT A
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1 RESOLUTION NO. 23-083
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VICTORVILLE, AUTHORIZING SUBMITTAL OF A CLAIM TO THE SAN
BERNARDINO COUNTY TRANSPORTATION AUTHORITY FOR
TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 FUNDS FOR THE
VILLAGE DRIVE SIDEWALK PROJECT AND AMENDING THE ANNUAL
BUDGET FOR FISCAL YEAR 2023-2024; APPROVING ADDITIONAL
APPROPRIATIONS AND ADDITIONAL REVENUE AND
EXPENDITURES
WHEREAS, the Mills-Alquist-Deddeh Act (SB 325) was enacted by the California Legislature to improve existing public transportation services and encourage regional transportation coordination. Known as the Transportation Development Act (TDA) of 1971, this law provides funding to be allocated to transit and non-transit related purposes that comply with regional transportation plans; and
WHEREAS, TDA provides two funding sources, the Local Transportation Fund (LTF) and State Transit Assistance fund (STA); and
WHEREAS, LTF is derived from a ¼ cent of the general sales tax collected statewide and apportioned by population to areas within the county; and WHEREAS, STA is derived from the statewide sales tax on dissel fuel, plus an additional vehicle registration fee authorized under Senate Bill 1, referred to as the State of Good Repair, and both are apportioned by the State Controller’s Office 50% by population and 50% by transit operator revenues; and
WHEREAS, the San Bernardino County Transit Authority (SBCTA) authorizes funding for a wide variety of transportation programs in San Bernardino County, including planning and program activities, pedestrian and bicycle facilities, community transit services, public transportation, and bus and rail projects to local transportation agencies through annual apportionment and allocation processes, and approves payments periodically throughout the year; and
WHEREAS, SBCTA awarded the City of Victorville TDA Article 3 grant funds in the amount of $250,000.00 for development of the Village Drive Sidewalk Project within the City of Victorville jurisdiction through a competitive “Call for Projects”; and WHEREAS, TDA Article 3 grant funds are provided on a reimbursement basis; and WHEREAS, SBCTA requires the City of Victorville to submit a claim and request(s) for reimbursement; and
WHEREAS, submittal of the claim for TDA Article 3 funds must be first authorized by the City Manager or designee; and
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1 WHEREAS, the Village Drive Sidewalk Project award is over $200,000.00, and is eligible for progress reimbursement, or under, and eligible for reimbursement at project completion; and
WHEREAS, SBCTA requires the designation of individuals authorized to certify Project completion; and
WHEREAS, the City Engineer, or designee, is authorized to certify project completion; and
WHEREAS, the City Manager of the City of Victorville did heretofore submit to the City Council an estimate of the expenditures and revenues of the City departments and offices, together with a proposed budget for the fiscal year 2023-2024; and WHEREAS, copies of said budget were prepared and distributed to the City Council and approved by the City Council on June 6, 2023 and have been available for the inspection by the public in the office of the City Clerk of the City of Victorville; and WHEREAS, after preparation of the budget, staff recognized the need to appropriate additional revenue and expenses for this TDA Article 3 grant in the amount of Two Hundred Fifty Thousand Dollars ($250,000.00) each, and additional expenses for Measure I in the amount of Three Hundred Eight Thousand Dollars ($308,000.00) for the Village Drive Sidewalk Project; and
WHEREAS, the City Manager or designee will provide all necessary justification for the budget amendment as an attachment to this resolution or in the associated City Council agenda; and
WHEREAS, the City Council wishes to amend the annual budget as set forth in this Resolution, memorialize the acceptance of the grant.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council affirms acceptance of the TDA Article 3 grant funds in the amount of $250,000.00 for the Village Drive Sidewalk Project from SBCTA.
SECTION 2. The annual budget for the fiscal year 2023-2024 for the City of Victorville be hereby amended to reflect a change in the amounts and associated accounts listed below and as described in the corresponding Agenda Item.
Account Amount Adjusted
2304500-43110-70050 $250,000.00
2304500-55315-70050 $250,000.00
2504500-55315-70050 $308,000.00
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1 SECTION 3. The City Manager is authorized to execute the TDA Article 3 grant, inclusive of submittal of a claim and request for reimbursement(s) for TDA Article 3 funds for the Village Drive Sidewalk Project in the amount of $250,000, and the City Engineer is authorized to certify project completion.
SECTION 4. Copies of such amended budget, certified by the City Clerk, shall be filed with the auditors of the City of Victorville and in the office of the City Clerk for public inspection and certified copies thereof shall be made available for use by the City departments, offices and subsidiary districts of the City.
SECTION 5. That this Resolution becomes effective immediately upon its adoption.
ATTACHMENT B
ATTACHMENT C
October 13, 2023
Fredy Bonilla
Transmitted via email to: [email protected]
Re: 2023 TDA Article 3 Award – Village Drive Sidewalk
Dear Fredy Bonilla,
It is our pleasure to inform you that on October 4, 2023 , the San Bernardino County Transportation Authority (SBCTA) Board of Directors (Board) approved funding in the amount of $250,000 from the Transportation Development Act (TDA) Article 3 Bicycle and Pedestrian Facilities Program for the Village Drive Sidewalk Project . The SBCTA Board set the period of time for completion of your project to comply with TDA provisions, therefore this project must be complet ed by June 30, 2027.
Please note the following important funding requirements:
• A (1) signed Claim Form and (2) and Authorizing Resolution Authorized Resolution must be submitted within six months (by April 4, 2024) of project award notification, or prior to requesting reimbursement of funds, whichever comes first. A sample resolution can be found at www.gosbcta.com/tda3 under the Claims section. • Completion of an Annual Proof of Progress Report (Annual Report) must be submitted on the FIRST anniversary of award notification AND by June 30 for all subsequent years thereafter. The annual report must include:
o A description of the work completed during the year,
o An estimate of the total project percent completed, and o An estimate of the amount spent to-date.
• Funds will be rescinded if no progress has been made within ONE year of award notification or if, where appropriate, a construction contract has not yet been awarded within THREE years of award notification.
Additionally, the TDA Article 3 award is paid through a reimbursement process. The award is for a maximum reimbursable amount. Should your project exceed the maximum reimbursable amount, SBCTA will not provide any additional reimbursement. For projects completed under the awarded amount, the local match percentage of 55 % ($308,000) as identified in your grant application will apply to the adjusted total. Sponsor agencies receiving an allocation of $200,000 or less shall be reimbursed in arrears and upon proof of satisfactory project completion. Agencies receiving an allocation of $200,000 or more may request progress payments for a minimum of 20% of the award total; however, 20% of the awarded funds shall be held by SBCTA until proof of satisfactory project completion.
Congratulations on submitting a successful grant application. We look forward to the timely completion of your project.
Should you have any questions please contact me at (909) 884-8276 or [email protected].
Sincerely,
Ginger Koblasz
Senior Planner
Item Number: 17
City Council / Board of Directors
Written Communications
Meeting of: November 7, 2023
Submitted By:
Fredy Bonilla, City Engineer
Subject:
Annexation of Tract No. 20280 into Drainage Facilities Assessment District No. 1 and Landscape Maintenance Assessment District No. 6
Recommendation:
That the Honorable City Council Approve Resolution Nos. 23-091 and 23-092 which amend Resolution Nos. 23-088 and 23-089 to set a new public hearing date of December 5, 2023 to complete the annexation/assessment proceedings, and ratify the mailing of updated public hearing notices and assessment ballots.
Fiscal Impact:
There is no fiscal impact associated with the approval of resolutions listed above.
Maintenance and servicing of the drainage and landscaping improvements in future years will be covered by the subsequent annual assessments levied on these and other properties within the boundaries of their assigned districts.
Strategic Plan Goal:
This item aligns with Goal E in the Strategic Plan, “Invest in Infrastructure” and Goal A, “Financial Sustainability.” Annual assessment revenue supports the expenses for operations, maintenance, and improvement of associated landscaping, parks, and infrastructure.
Background:
At its October 3, 2023 meeting, the City Council initiated the annexation of Tentative Tract Map 20280 into Drainage Facilities Assessment District No. 1 (DFAD 1) and Landscape Maintenance Assessment District No. 6 (LMAD 6). At that meeting, the City Council approved the following resolutions:
1) Resolution No. 23-084 to initiate proceedings to annex Tract No. 20280 into DFAD 1;
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2) Resolution No. 23-085 to initiate proceedings to annex Tract No. 20280 into LMAD 6;
3) Resolution No. 23-086 to preliminarily approve the Engineer’s Report for DFAD 1; 4) Resolution No. 23-087 to preliminarily approve the Engineer’s Report for LMAD 6; and
5) Resolution Nos. 23-088 and 23-089 ordering the mailing of assessment ballots and setting a public hearing date of November 21, 2023 to count ballots and conduct related proceedings.
Tract 20280 is a proposed 72-lot single-family subdivision that includes drainage and landscaping improvements within the tract. This annexation will provide for the perpetual maintenance and servicing of the drainage and landscape improvements by means of a new annual assessment to each property within Tract 20280.
Discussion:
Resolution Nos. 23-088 and 23-089 originally set the public hearing referenced above to take place at the November 21, 2023 City Council meeting. Due to the potential cancellation of the November 21, 2023 City Council meeting, staff are proposing to move the public hearing date to December 5, 2023, when the Final Map Approval for Tract 20280 is also expected to be placed on the City Council Agenda.
Engineering staff have reached out to the developer (the sole owner of all properties in the tract) and the developer agrees with the proposed hearing date change and has provided revised petitions (Attachment D). In a proactive effort to ensure the 45-day advance mailing requirement imposed by applicable law was met, City staff also mailed updated public hearing notices and assessment ballots reflecting the new public hearing date to the property owners on October 16, 2023.
At the December 5, 2023 meeting, the City Council will conduct the public hearing and count the assessment ballots submitted. If at the end of the public hearing, the ballots cast in favor of the annexation/assessment exceed the ballots cast in opposition, then the City Council may proceed to annex Tract 20280 into DFAD 1 and LMAD 6, approve the Engineer’s Reports for each assessment district; order the assessments to be levied; and complete the annexations by approving the final resolutions.
Therefore, staff recommends that the City Council approve Resolution Nos. 23-091 and 22-092 which amend Resolution Nos. 23-088 and 23-089 by changing the public hearing dates specified therein to December 5, 2023, and ratify the mailing of updated notices and assessment ballots containing the new date.
Staff remains available for any questions Council may have.
Attachments: A. Resolution No. 23-091
B. Resolution No. 23-092
C. Vicinity Map
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D. Revised Petitions from Developer
E. October 3, 2023 Staff Report
Attachment A
Resolution No. 23-091
RESOLUTION NO. 23-091
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE AMENDING RESOLUTION NO. 23-088 TO CHANGE THE DATE OF THE
PUBLIC HEARING SET FORTH THEREIN ON THE PROPOSED ANNEXATION
AND ASSESSMENT BALLOT PROCEEDINGS PERTAINING TO THE
ANNEXATION OF TRACT MAP 20280 TO VICTORVILLE DRAINAGE
FACILITIES ASSESSMENT DISTRICT NO. 1 AND RATIFYING THE MAILING
OF PUBLIC HEARING NOTICES AND ASSESSMENT BALLOTS TO THE
PROPERTY OWNERS IN SAID TRACT CONTAINING THE NEW DATE
WHEREAS, on October 3, 2023, the City Council of the City of Victorville (the “City”) adopted Resolution No. 23-088, which Resolution initiated assessment proceedings and took related actions pertaining to the annexation of territory in Tract Map No. 20280 to the City’s Drainage Facilities Assessment District No. 1 (hereafter referred to as the “DFAD No. 1”) and the proposed levy and collection of annual special benefit assessment related thereto; and WHEREAS, Resolution No. 23-088, among other things, set a public hearing to be held at the regular City Council meeting scheduled for November 21, 2023, and ordered notices of said public hearing to be mailed to the property owners in the area encompassed by Tract Map No. 20280, together with assessment ballots and other information, which mailing was to occur not less than forty-five (45) days prior to the date of the public hearing as required by Article XIIID, section 4(e) of the California Constitution, Sections 22605 through 22608 and 22588 of the Landscaping and Lighting Act of 1972, and Government Code section 53753; and WHEREAS, in accordance with Resolution No. 23-088, City Staff prepared and mailed said notices and assessment ballots to the property owners in the area encompassed by Tract Map No. 20280 on October 4, 2023; and
WHEREAS, City Staff subsequently determined, given the proximity of the November 21, 2023 public hearing date to the Thanksgiving holiday, and a need to place the annexation/assessment proceeding item on the same agenda at which final approval of the associated Tract Map is being sought, that the public hearing would need to be re-set to occur at the regular City Council meeting scheduled for December 5, 2023; and WHEREAS, to ensure that the advance mailing period of forty-five (45) days required by applicable law was observed, on October 16, 2023, City Staff took the proactive measure of mailing out updated notices and assessment ballots to the property owners in Tract Map 20280 which reflected a new public hearing date of December 5, 2023; and WHEREAS, the City Council hereby adopts this resolution to formally change the date of the public hearing from November 21, 2023 to December 5, 2023; ratify the mailing of notices and assessment ballots to the affected property owners containing the new public hearing date; and amend Resolution No. 23-088 as set forth herein to provide an adequate record of the events and proceedings relating to this annexation and assessment balloting proceeding.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY FIND, RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Recitals.
That the recitals set forth above are true and correct, and together with any definitions set forth therein, are hereby made part of this Resolution by this reference.
Section 2. Amendment of Resolution No. 23-088; Ratification.
That the public hearing date of November 21, 2023 specified in Sections 5 and 8 of Resolution No. 23-088 is hereby changed to December 5, 2023. It is hereby acknowledged that the mailing of updated public hearing notices and assessment ballots (containing the new public hearing date) occurred on October 16, 2023 (which date was more than forty-five (45) days prior to December 5, 2023) and the mailing of such notices and ballots is hereby ratified.
Section 3. Other Provisions of Resolution No. 23-088 Remian Effective.
That except as specifically set forth herein, all other provisions of Resolution No. 23-088, including any Exhibits attached thereto, remain unchanged and in full force and effect.
Section 4. Effective Date.
That this Resolution shall be effective immediately upon its adoption.
Section 5. Certification.
That the City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same 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 the Resolution is passed and adopted.
PASSED, APPROVED, AND ADOPTED this ________ day of _______________, 2023. __________________________________
Mayor of the
City of Victorville, California
ATTEST:
______________________________________
City Clerk of the
City of Victorville, California
I hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Victorville at a regular meeting thereof held on November 7, 2023. _______________________________________
City Clerk of the
City of Victorville, California
Ayes:
Noes:
Absent:
Abstained:
Attachment B
Resolution No. 23-092
RESOLUTION NO. 23-092
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE AMENDING RESOLUTION NO. 23-089 TO CHANGE THE DATE OF THE
PUBLIC HEARING SET FORTH THEREIN ON THE PROPOSED ANNEXATION
AND ASSESSMENT BALLOT PROCEEDINGS PERTAINING TO THE
ANNEXATION OF TRACT MAP 20280 TO VICTORVILLE LANDSCAPE
MAINTENANCE ASSESSMENT DISTRICT NO. 6 AND RATIFYING THE
MAILING OF PUBLIC HEARING NOTICES AND ASSESSMENT BALLOTS TO
THE PROPERTY OWNERS IN SAID TRACT CONTAINING THE NEW DATE WHEREAS, on October 3, 2023, the City Council of the City of Victorville (the “City”) adopted Resolution No. 23-089, which Resolution initiated assessment proceedings and took related actions pertaining to the annexation of territory in Tract Map No. 20280 to the City’s Landscape Maintenance Assessment District No. 6 (hereafter referred to as the “LMAD No. 6”) and the proposed levy and collection of annual special benefit assessment related thereto; and WHEREAS, Resolution No. 23-089, among other things, set a public hearing to be held at the regular City Council meeting scheduled for November 21, 2023, and ordered notices of said public hearing to be mailed to the property owners in the area encompassed by Tract Map No. 20280, together with assessment ballots and other information, which mailing was to occur not less than forty-five (45) days prior to the date of the public hearing as required by Article XIIID, section 4(e) of the California Constitution, Sections 22605 through 22608 and 22588 of the Landscaping and Lighting Act of 1972, and Government Code section 53753; and WHEREAS, in accordance with Resolution No. 23-089, City Staff prepared and mailed said notices and assessment ballots to the property owners in the area encompassed by Tract Map No. 20280 on October 4, 2023; and
WHEREAS, City Staff subsequently determined, given the proximity of the November 21, 2023 public hearing date to the Thanksgiving holiday, and a need to place the annexation/assessment proceeding item on the same agenda at which final approval of the associated Tract Map is being sought, that the public hearing would need to be re-set to occur at the regular City Council meeting scheduled for December 5, 2023; and WHEREAS, to ensure that the advance mailing period of forty-five (45) days required by applicable law was observed, on October 16, 2023, City Staff took the proactive measure of mailing out updated notices and assessment ballots to the property owners in Tract Map 20280 which reflected a new public hearing date of December 5, 2023; and WHEREAS, the City Council hereby adopts this resolution to formally change the date of the public hearing from November 21, 2023 to December 5, 2023; ratify the mailing of notices and assessment ballots to the affected property owners containing the new public hearing date; and amend Resolution No. 23-089 as set forth herein to provide an adequate record of the events and proceedings relating to this annexation and assessment balloting proceeding.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY FIND, RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Recitals.
That the recitals set forth above are true and correct, and together with any definitions set forth therein, are hereby made part of this Resolution by this reference.
Section 2. Amendment of Resolution No. 23-089; Ratification.
That the public hearing date of November 21, 2023 specified in Sections 5 and 8 of Resolution No. 23-089 is hereby changed to December 5, 2023. It is hereby acknowledged that the mailing of updated public hearing notices and assessment ballots (containing the new public hearing date) occurred on October 16, 2023 (which date was more than forty-five (45) days prior to December 5, 2023) and the mailing of such notices and ballots is hereby ratified.
Section 3. Other Provisions of Resolution No. 23-089 Remian Effective.
That except as specifically set forth herein, all other provisions of Resolution No. 23-089, including any Exhibits attached thereto, remain unchanged and in full force and effect.
Section 4. Effective Date.
That this Resolution shall be effective immediately upon its adoption.
Section 5. Certification.
That the City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same 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 the Resolution is passed and adopted.
PASSED, APPROVED, AND ADOPTED this ________ day of _______________, 2023. __________________________________
Mayor of the
City of Victorville, California
ATTEST:
______________________________________
City Clerk of the
City of Victorville, California
I hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Victorville at a regular meeting thereof held on November 7, 2023. _______________________________________
City Clerk of the
City of Victorville, California
Ayes:
Noes:
Absent:
Abstained:
Attachment C
Vicinity Map
Attachment D
Revised Petitions from Developer
Attachment E
October 3, 2023 Staff Report
12. Initiate the Annexation of 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 to initiate proceedings to annex Tract No. 20280 into Drainage Facilities Assessment District No. 1;
(2) Approve Resolution No. 23-085 to initiate proceedings to annex Tract No. 20280 into Landscape Maintenance Assessment District No. 6;
(3) Approve Resolution No. 23-086 to preliminarily approve the Drainage Facilities Assessment District No. 1 Engineer’s Report;
(4) Approve Resolution No. 23-087 to preliminarily approve the Landscape Maintenance Assessment District No. 6 Engineer’s Report; and (5) Approve Resolution Nos. 23-088 and 23-089 setting a public hearing date of November 21, 2023.
Item Number: 12
City Council / Board of Directors
Written Communications
Meeting of: October 3, 2023
Submitted By:
Fredy Bonilla, Acting City Engineer
Subject:
Initiate the Annexation of 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 to initiate proceedings to annex Tract No. 20280 into Drainage Facilities Assessment District No. 1;
2) Approve Resolution No. 23-085 to initiate proceedings to annex Tract No. 20280 into Landscape Maintenance Assessment District No. 6;
3) Approve Resolution No. 23-086 to preliminarily approve the Drainage Facilities Assessment District No. 1 Engineer’s Report;
4) Approve Resolution No. 23-087 to preliminarily approve the Landscape Maintenance Assessment District No. 6 Engineer’s Report; and 5) Approve Resolution Nos. 23-088 and 23-089 setting a public hearing date of November 21, 2023.
Fiscal Impact:
There is no fiscal impact associated with the approval of resolutions listed above.
Maintenance and servicing of the drainage and landscaping improvements in future years will be covered by the subsequent annual assessments levied on these and other properties within the boundaries of their assigned districts.
Strategic Plan Goal:
This item aligns with Goal E in the Strategic Plan, “Invest in Infrastructure” and Goal A, “Financial Sustainability.” Annual assessment revenue supports the expenses for operations, maintenance, and improvement of associated landscaping, parks, and infrastructure.
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Background:
The property owner for Tract Map No. 20280 (Tract 20280) has petitioned the City to annex the tract into the City-Wide Drainage Facilities Assessment District No. 1 (DFAD 1) and the Landscape Maintenance Assessment District No. 6 (LMAD 6) to comply with the Conditions of Approval for Tract 20280 which is located at the southeast corner of Hopland Street and Cahuenga Road. Tract 20280 is a proposed 72-lot single-family subdivision that includes drainage and landscaping improvements within the tract. This annexation will provide for the perpetual maintenance and servicing of the drainage and landscape improvements by means of a new annual assessment to each property within Tract 20280.
Discussion:
The City formed DFAD 1 and LMAD 6 pursuant to the Landscaping and Lighting Act of 1972, Streets and Highways Code section 22500 et seq. (the Act); the applicable provisions of Proposition 218 (Article XIIID of the California Constitution, hereinafter referred to as the “California Constitution”); and Government Code section 53753, part of the Omnibus Act.
DFAD 1 and LMAD 6 allows the City to collect assessments for maintaining and servicing the drainage and landscaping improvements within these districts. Assessments are levied and collected annually according to the special benefits received by properties from the improvements provided by the City. The formation documents of DFAD 1 and LMAD 6 contain a mechanism permitting the annual assessment amount to be adjusted from time to time, commensurate with increases in the costs to maintain the drainage and landscaping improvements.
A public hearing regarding the amount of the assessments is conducted annually by the City Council. In accordance with the special benefit calculation contained in the annual Engineer’s Report, the total assessments for DFAD 1 and LMAD 6 are equally distributed amongst all the parcels within the district boundaries. The current annual assessment amounts per parcel are $221.75 for DFAD 1 and $157.12 for LMAD 6. Both districts are adequately funded to perform all required maintenance and servicing of the proposed improvements for Tract 20280.
Sections 22605 through 22613 of the Act, as amplified by the California Constitution and Government Code section 53753, provide procedures for annexation of new territory into an existing assessment district. For Tract 20280 to become subject to the annual assessments applicable to DFAD 1 and LMAD 6, and to receive the level of perpetual maintenance provided to other properties within those assessment districts, annexation to DFAD 1 and LMAD 6 is required.
For this annexation to occur, the City Council must approve a series of eight resolutions at two City Council meetings. Resolutions Nos. 23-084 and 23-085 will initiate annexation, request the City Engineer’s Reports, and file with the City Clerk for City Council consideration. The Engineer’s Reports are required by the Act and include the estimated costs of the annexation, a description of the improvements, special benefits to be received 3 3
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by the parcels, a determination of the estimated amounts of the assessments to be levied upon the properties proposed to be annexed, an annexation map, and other information as required by Article 4 (commencing with section 22565) of the Act and the California Constitution, as amplified by Government Code section 53753.
If the foregoing resolutions are approved, the Engineer’s Reports would be preliminarily approved by Resolution Nos. 23-086 and 23-087, which would also declare the City Council’s intent to annex Tract 20280 to DFAD 1 and LMAD 6. At this same meeting, a fifth and sixth resolution will also need to be approved by the City Council to set a public hearing of November 21, 2023 and order the mailing of the public hearing notices and assessment ballots to the property owners within Tract 20280, no less than 45 days prior to said public hearing.
During the November 21, 2023 meeting, the City Council would then conduct the Public Hearing and count the assessment ballots submitted. If at the end of the public hearing, the ballots cast in favor of the annexation exceed the ballots cast in opposition, the City Council may proceed to annex Tract 20280 to DFAD 1 and LMAD 6, approve the Engineer’s Reports for each assessment district, order the assessments to be levied, and complete the subsequent annexations by approving the final resolutions.
Therefore, staff recommends that the City Council approve Resolution No. 23-084 to initiate proceedings to annex Tract 20275 into DFAD 1 and Resolution No. 23-085 to annex into LMAD 6, approve Resolution Nos. 23-086 and 23-087 to preliminarily approve both districts Engineer’s Reports, and approve Resolution Nos. 23-088 and 23-089 setting a public hearing date of November 21, 2023.
Staff remains available for any questions Council may have.
Attachments: A. Resolution No. 23-084
B. Resolution No. 23-085
C. Resolution No. 23-086
D. Resolution No. 23-087
E. Resolution No. 23-088
F. Resolution No. 23-089
G. Vicinity Map
H. Engineer’s Reports
I. Petitions from Developers
1 3
9 8
9 Attachment A
Resolution No. 23-084
1 3
9 8
9 RESOLUTION NO. 23-084
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VICTORVILLE INITIATING PROCEEDINGS FOR THE ANNEXATION OF TERRITORY, TRACT MAP 20280 TO VICTORVILLE DRAINAGE
FACILITIES ASSESSMENT DISTRICT NO. 1 (DFAD NO. 1) AND THE
LEVY AND COLLECTION OF ASSESSMENTS RELATED THERETO
COMMENCING WITH FISCAL YEAR 2024/2025
WHEREAS, pursuant to the Landscaping and Lighting Act of 1972, Streets and Highways Code section 22500 et seq., (hereinafter the “Act”) to provide for the continued maintenance, operation and servicing of the landscaping improvements installed in and around the drainage facility; and
WHEREAS, the City Council has by previous resolutions established and levied annual assessments for the DFAD No. 1 (hereinafter referred to as the “District”), pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) (hereinafter referred to as the “Act”) that provides for the collection of assessments by the County of San Bernardino on behalf of the City to pay for the annual maintenance and servicing of local landscaping and lighting improvements and facilities related thereto; and
WHEREAS, the City Council desires to initiate proceedings for the annexation of territory to the District consisting of Assessor Parcel Number book 0395, page 221, parcel 10; book 0395, page 234, parcels 01, 11 and 12; book 0395, page 245, parcel 04 and 07; book 0395, page 246, parcels 07 and 08; and book 0395 page 254, parcels 02 and 03, Tract Map 20280 and to levy and collect an annual assessment against the lots and parcels of land within Tract Map 20280 commencing in fiscal year 2024/2025 to pay for the operation, maintenance and servicing of local landscaping improvements, and appurtenant facilities related thereto that will provide special benefits to the property pursuant to the Act and the provisions of the California Constitution Article XIIID (hereafter referred to as the “California Constitution”); and,
WHEREAS, the City has retained Willdan Financial Services as the Assessment Engineer, for the purpose of assisting with the annexation of territory designated as Tract Map 20280, the establishment of an annual assessment, and to prepare and file an Engineer’s Report with the City Clerk in accordance with Chapter 4 Article 2 of the Act and the provisions of the California Constitution.
WHEREAS, Section 22605 of the Act permits the City Council to make changes in the organization of an assessment district, including the detachment of territory from an existing assessment district under Act Section 22609 and annexation of territory to an existing assessment under Act Section 22608; and
WHEREAS, in November of 1996, California voters adopted Proposition 218, which among other things, added Article XIIID to the California Constitution (hereinafter 1 3
9 8
9 the “California Constitution”) to impose additional procedures that local agencies must follow prior to adopting new or increasing existing assessments; and WHEREAS, Tract Map 20280 will contribute to paying for the landscaping area in and around the drainage facility along with other Tracts within the boundaries of DFAD No. 1; and
WHEREAS, the City Council finds that Tract Map 20280 should be considered for annexation to DFAD No. 1, based upon requests by property owners for said annexation, the similarity of existing improvements to be serviced, and a need to better provide for the ongoing maintenance of landscape and irrigation improvements in the designated areas of said tract; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY FIND, RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Recitals.
That the recitals set forth above are true and correct, and together with definitions set forth therein, are hereby made part of this Resolution by this reference.
Section 2. Proposed Annexation/Detachment Initiated.
That the City Council hereby initiates proceedings in accordance with the provisions of the Act, the California Constitution, and Government Code section 53753 for the proposed annexation of Tract Map 20280 to DFAD No. 1.
Section 3. Designation of Annexation Area.
That the proposed area to be annexed to DFAD No. 1 is designated as all the territory within the boundaries described in the map attached hereto as Exhibit A and made a part of this Resolution by this reference (“Tract Map 20280”).
Section 3: Proposed Improvements.
The proposed improvements and services to be provided and for which the property shall be assessed, include but are not limited to the regular maintenance, operation and incidental expenses related to the landscaping and irrigation improvements within the public right-of-ways or easements associated with the properties within DFAD No. 1 that shall be maintained by the City for the special benefit of the properties therein.
The Engineer’s Report to be prepared in connection with these proceedings shall provide a more detailed description of the improvements and associated costs.
Section 4: Annual Special Benefit Assessment
The City Council hereby determines that in order to provide an appropriate level of maintenance and related services and activities for the improvements within DFAD No. 1 1 3
9 8
9 as generally described in Section 3 of this resolution, it is necessary to levy an annual special benefit assessment on the lots and parcels within DFAD No. 1, Tract Map 20280 identified in this resolution, commencing in fiscal year 2024/2025.
Section 5: Designation of Engineer; Engineer’s Report
The City Council hereby orders the Assessment Engineer to prepare and file with the City Clerk an Engineer's Report concerning the proposed annexation of Tract Map 20280 into DFAD No. 1, and the proposed levy of special benefit assessment for the property beginning the fiscal year commencing July 1, 2024, and ending June 30, 2025, in accordance with Chapter 3 Section 22622 of the Act. Said Engineer’s Report shall establish the estimated budget of anticipated expenses and the resulting proposed maximum assessment including an annual inflationary adjustment, which will be necessary to provide ongoing funding for the maintenance and servicing of the improvements being proposed; and the assessment so described may only be imposed pursuant to the provisions of the Act and the California Constitution, Article XIIID.
Section 6. Effective Date.
That this Resolution shall be effective immediately upon its adoption. 1 3
9 8
9 Exhibit A
1 4
0 0
0 Attachment B
Resolution No. 23-085
1 4
0 0
0 RESOLUTION NO. 23-085
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VICTORVILLE INITIATING PROCEEDINGS FOR THE ANNEXATION OF TERRITORY, TRACT MAP 20280 TO VICTORVILLE LANDSCAPE
MAINTENANCE ASSESSMENT DISTRICT NO. 6 (LMAD NO. 6) AND
THE LEVY AND COLLECTION OF ASSESSMENTS RELATED
THERETO COMMENCING WITH FISCAL YEAR 2024/2025
WHEREAS,pursuant to the Landscaping and Lighting Act of 1972, Streets and Highways Code section 22500 et seq., (hereinafter the “Act”) to provide for the continued maintenance, operation and servicing of the public landscaping improvements installed within its boundaries; and
WHEREAS, the City Council has by previous resolutions established and levied annual assessments for the LMAD No. 6 (hereinafter referred to as the “District”), pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) (hereinafter referred to as the “Act”) that provides for the collection of assessments by the County of San Bernardino on behalf of the City to pay for the annual maintenance and servicing of local landscaping and lighting improvements and facilities related thereto; and
WHEREAS, the City Council desires to initiate proceedings for the annexation of territory to the District consisting of Assessor Parcel Numbers book 0395, page 221, parcel 10; book 0395, page 234, parcels 01, 11 and 12; book 0395, page 245, parcel 04 and 07; book 0395, page 246, parcels 07 and 08; and book 0395 page 254, parcels 02 and 03,Tract Map 20280 and to levy and collect an annual assessment against the lot and parcel of land within Tract Map 20280 commencing in fiscal year 2024/2025 to pay for the operation, maintenance and servicing of local landscaping improvements, and appurtenant facilities related thereto that will provide special benefits to the property pursuant to the Act and the provisions of the California Constitution Article XIIID (hereafter referred to as the “California Constitution”); and,
WHEREAS, the City has retained Willdan Financial Services as the Assessment Engineer, for the purpose of assisting with the annexation of territory designated as Tract Map 20280, the establishment of an annual assessment, and to prepare and file an Engineer’s Report with the City Clerk in accordance with Chapter 4 Article 2 of the Act and the provisions of the California Constitution.
WHEREAS, Section 22605 of the Act permits the City Council to make changes in the organization of an assessment district, including the detachment of territory from an existing assessment district under Act Section 22609 and annexation of territory to an existing assessment under Act Section 22608; and
WHEREAS, in November of 1996, California voters adopted Proposition 218, which among other things, added Article XIIID to the California Constitution (hereinafter 1 4
0 0
0 the “California Constitution”) to impose additional procedures that local agencies must follow prior to adopting new or increasing existing assessments; and WHEREAS, Tract Map 20280 contains public landscaping areas and related improvements which are similar in nature and type to those of tracts within the boundaries of LMAD No. 6; and
WHEREAS, the City Council finds that Tract Map 20280 should be considered for annexation to LMAD No. 6, based upon requests by property owners for said annexation, the similarity of existing improvements to be serviced, and a need to better provide for the ongoing maintenance of landscape and irrigation improvements in the designated areas of said tract; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY FIND, RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Recitals.
That the recitals set forth above are true and correct, and together with definitions set forth therein, are hereby made part of this Resolution by this reference.
Section 2. Proposed Annexation/Detachment Initiated.
That the City Council hereby initiates proceedings in accordance with the provisions of the Act, the California Constitution, and Government Code section 53753 for the proposed annexation of Tract Map 20280 to LMAD No. 6.
Section 3. Designation of Annexation Area.
That the proposed area to be annexed to LMAD No. 6 is designated as all the territory within the boundaries described in the map attached hereto as Exhibit A and made a part of this Resolution by this reference (“Tract Map 20280”).
Section 3: Proposed Improvements.
The proposed improvements and services to be provided and for which the property shall be assessed, include but are not limited to the regular maintenance, operation and incidental expenses related to the landscaping and irrigation improvements within the public right-of-ways or easements associated with the properties within LMAD No. 6 that shall be maintained by the City for the special benefit of the properties therein.
The Engineer’s Report to be prepared in connection with these proceedings shall provide a more detailed description of the improvements and associated costs.
Section 4: Annual Special Benefit Assessment
The City Council hereby determines that in order to provide an appropriate level of maintenance and related services and activities for the improvements within LMAD No. 6 1 4
0 0
0 as generally described in Section 3 of this resolution, it is necessary to levy an annual special benefit assessment on the lot and parcel within LMAD No. 6, Tract Map 20280 identified in this resolution, commencing in fiscal year 2024/2025.
Section 5: Designation of Engineer; Engineer’s Report
The City Council hereby orders the Assessment Engineer to prepare and file with the City Clerk an Engineer's Report concerning the proposed annexation of Tract Map 20280 into LMAD No. 6, and the proposed levy of special benefit assessment for the property beginning the fiscal year commencing July 1, 2024, and ending June 30, 2025, in accordance with Chapter 3 Section 22622 of the Act. Said Engineer’s Report shall establish the estimated budget of anticipated expenses and the resulting proposed maximum assessment including an annual inflationary adjustment, which will be necessary to provide ongoing funding for the maintenance and servicing of the improvements being proposed; and the assessment so described may only be imposed pursuant to the provisions of the Act and the California Constitution, Article XIIID.
Section 6. Effective Date.
That this Resolution shall be effective immediately upon its adoption. 1 4
0 0
0 Exhibit A
1 4
0 0
4 Attachment C
Resolution No. 23-086
1 4
0 0
4 RESOLUTION NO. 23-086
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VICTORVILLE PRELIMINARILY APPROVING THE ENGINEER’S
REPORT FILED IN SUPPORT OF ANNEXATION OF TRACT MAP 20280
TO VICTORVILLE DRAINAGE FACILITIES ASSESSMENT DISTRICT
NO. 1
WHEREAS, on October 3 rd, the City Council of the City of Victorville (the “City Council”) adopted a Resolution initiating proceeding for annexing Tract Map 20280 to the City of Victorville Drainage Facilities Assessment District No. 1(“DFAD No. 1”) to provide for the continued maintenance, operation, and servicing of certain landscape improvements is said tract; and
WHEREAS, the provisions of the Landscaping and Lighting Act of 1972, Streets and Highways Code section 22500 et seq. (the “Act”), the applicable provisions of Proposition 218 (Article XIIID of the California Constitution), and Government Code section 53753, (collectively hereinafter the “California Constitution”), the City Engineer or representative has prepared and filed an engineer’s report (the “Report”) with the City Clerk relating to the annexation of said tract, which is now being submitted to the City Council for consideration and preliminary approval.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY FIND, RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Recitals.
That the recitals set forth above are true and correct, and together with the definitions set forth therein, are hereby made part of this Resolution by this reference.
Section 2. Contents of Engineer’s Report.
That the Report for the Annexation of Tract Map 20280 to DFAD No.1 presented for City Council consideration contains the following:
a. A description of the Improvements (Plans and Specifications); and b. The Method of Apportionment of the Assessment detailing the method of calculating the proportional special benefits and the annual assessment obligation for each affected parcel, including a description of the Cost Inflator and Utility Increase formulas that provide for annual inflationary adjustments to the maximum assessment rate currently in effect in DFAD No. 1; and c. The Estimate of Costs (including the costs of annexation) for providing the improvements and services, and the current maximum assessment rate for properties in DFAD No.1; and
d. An Assessment Diagram (Boundary Map); and
1 4
0 0
4 e. An Assessment Roll containing the assessment to be levied for each Assessors’ Parcel Number (APN), attached hereto as Exhibit A, within Tract Map 20280 in accordance with the Estimate of Costs.
Section 3. Approval of Engineer’s Report.
That the Report presented together with this Resolution is hereby approved on a preliminary basis, as submitted, or amended by direction of the City Council and is hereby ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection.
Section 4. Effective Date.
That this Resolution shall be effective immediately upon its adoption.
Section 5. Certification.
That the City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same 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 the Resolution is passed and adopted. 1 4
0 0
4 EXHIBIT A
ASSESSOR’S PARCEL NUMBERS
APN Trac
t Property Owner Land Use EB
U
Maximum Rate
per Equivalent
Benefit Unit
2023/2024
Maximum
Assessme
nt
2023/2024
0395-221-10-
0000
2028
0 72 LOTS VICTORVILLE
LLC
RESIDENTI
AL 9.99 $238.01 $2,377.72
0395-234-01-
0000
2028
0 72 LOTS VICTORVILLE
LLC
RESIDENTI
AL
10.0 7 $238.01 $2,396.76
0395-234-11-
0000
2028
0 72 LOTS VICTORVILLE
LLC
RESIDENTI
AL 2.69 $238.01 $640.25
0395-234-12-
0000
2028
0 72 LOTS VICTORVILLE
LLC
RESIDENTI
AL 4.98 $238.01 $1,185.29
0395-245-04-
0000
2028
0 72 LOTS VICTORVILLE
LLC
RESIDENTI
AL 3.71 $238.01 $883.02
0395-245-07-
0000
2028
0 72 LOTS VICTORVILLE
LLC
RESIDENTI
AL 7.42 $238.01 $1,766.03
0395-246-07-
0000
2028
0 72 LOTS VICTORVILLE
LLC
RESIDENTI
AL 8.07 $238.01 $1,920.74
0395-246-08-
0000
2028
0 72 LOTS VICTORVILLE
LLC
RESIDENTI
AL 6.97 $238.01 $1,658.93
0395-254-02-
0000
2028
0 72 LOTS VICTORVILLE
LLC
RESIDENTI
AL 8.19 $238.01 $1,949.30
0395-254-03-
0000
2028
0 72 LOTS VICTORVILLE
LLC
RESIDENTI
AL 9.91 $238.01 $2,358.68
Note: Tract 20280 will build out to 72 Single-Family Residential Lots which equates to 72 Equivalent Benefit Units (EBUs).
1 4
0 0
5 Attachment D
Resolution No. 23-087
1 4
0 0
5 RESOLUTION NO. 23-087
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VICTORVILLE PRELIMINARILY APPROVING THE ENGINEER’S
REPORT FILED IN SUPPORT OF ANNEXATION OF TRACT MAP 20280
TO VICTORVILLE LANDSCAPE MAINTENANCE ASSESSMENT
DISTRICT NO. 6
WHEREAS, on October 3 rd, the City Council of the City of Victorville (the “City Council”) adopted a Resolution initiating proceeding for annexing Tract Map 20280 to the City of Victorville Landscape Maintenance Assessment District No. 6 (“LMAD No. 6”) to provide for the continued maintenance, operation, and servicing of certain landscape improvements is said tract; and
WHEREAS, the provisions of the Landscaping and Lighting Act of 1972, Streets and Highways Code section 22500 et seq. (the “Act”), the applicable provisions of Proposition 218 (Article XIIID of the California Constitution), and Government Code section 53753, (collectively hereinafter the “California Constitution”), the City Engineer or representative has prepared and filed an engineer’s report (the “Report”) with the City Clerk relating to the annexation of said tract, which is now being submitted to the City Council for consideration and preliminary approval.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY FIND, RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Recitals.
That the recitals set forth above are true and correct, and together with the definitions set forth therein, are hereby made part of this Resolution by this reference.
Section 2. Contents of Engineer’s Report.
That the Report for the Annexation of Tract Map 20280 to LMAD No. 6 presented for City Council consideration contains the following:
a. A description of the Improvements (Plans and Specifications); and b. The Method of Apportionment of the Assessment detailing the method of calculating the proportional special benefits and the annual assessment obligation for each affected parcel, including a description of the Cost Inflator and Utility Increase formulas that provide for annual inflationary adjustments to the maximum assessment rate currently in effect in LMAD No. 6; and c. The Estimate of Costs (including the costs of annexation) for providing the improvements and services, and the current maximum assessment rate for properties in LMAD No. 6; and
d. An Assessment Diagram (Boundary Map); and
1 4
0 0
5 e. An Assessment Roll containing the assessment to be levied for each Assessors’ Parcel Number (APN), attached hereto as Exhibit A, within Tract Map 20280 in accordance with the Estimate of Costs.
Section 3. Approval of Engineer’s Report.
That the Report presented together with this Resolution is hereby approved on a preliminary basis, as submitted, or amended by direction of the City Council and is hereby ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection.
Section 4. Effective Date.
That this Resolution shall be effective immediately upon its adoption.
Section 5. Certification.
That the City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same 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 the Resolution is passed and adopted. 1 4
0 0
5 EXHIBIT A
ASSESSOR’S PARCEL NUMBERS
APN Trac
t Property Owner Land Use EB
U
Maximum Rate
per Equivalent
Benefit Unit
2023/2024
Maximum
Assessment
2023/2024
0395-221-10-
0000
2028
0 72 LOTS VICTORVILLE
LLC
RESIDENTI
AL 9.99 168.63 $1,684.61
0395-234-01-
0000
2028
0 72 LOTS VICTORVILLE
LLC
RESIDENTI
AL
10.0 7 168.63 $1,698.10
0395-234-11-
0000
2028
0 72 LOTS VICTORVILLE
LLC
RESIDENTI
AL 2.69 168.63 $453.61
0395-234-12-
0000
2028
0 72 LOTS VICTORVILLE
LLC
RESIDENTI
AL 4.98 168.63 $839.78
0395-245-04-
0000
2028
0 72 LOTS VICTORVILLE
LLC
RESIDENTI
AL 3.71 168.63 $625.62
0395-245-07-
0000
2028
0 72 LOTS VICTORVILLE
LLC
RESIDENTI
AL 7.42 168.63 $1,251.23
0395-246-07-
0000
2028
0 72 LOTS VICTORVILLE
LLC
RESIDENTI
AL 8.07 168.63 $1,360.84
0395-246-08-
0000
2028
0 72 LOTS VICTORVILLE
LLC
RESIDENTI
AL 6.97 168.63 $1,175.35
0395-254-02-
0000
2028
0 72 LOTS VICTORVILLE
LLC
RESIDENTI
AL 8.19 168.63 $1,381.08
0395-254-03-
0000
2028
0 72 LOTS VICTORVILLE
LLC
RESIDENTI
AL 9.91 168.63 $1,671.12
Note: Tract 20280 will build out to 72 Single-Family Residential Lot which equals 72 Equivalent Benefit Units (EBUs). 1 4
0 0
2 Attachment E
Resolution No. 23-088
1 4
0 0
2 RESOLUTION NO. 23-088
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE DECLARING ITS INTENTION TO ANNEX TRACT MAP 20280 TO VICTORVILLE DRAINAGE FACILITIES ASESSMENT DISTRICT NO. 1, TO LEVY ASSESSMENTS ON TRACT MAP 20280 FOR FISCAL YEAR 2024/2025; SETTING A PUBLIC HEARING ON THE PROPOSED ANNEXATION AND ASSESSMENTS; AND
ORDERING HEARING NOTICES AND ASSESSMENT BALLOTS TO BE MAILED TO THE PROPERTY OWNERS IN TRACT MAP 20280
WHEREAS, the City Council of the City of Victorville (the “City”) pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Part 2, Division 15 of the California Streets and Highways Code, commencing with Section 22500 (hereafter referred to as the “Act”), did initiate proceedings for the annexation of territory to the Drainage Facilities Assessment District No. 1 (hereafter referred to as the “DFAD No. 1”), consisting of Assessor Parcel Number book 0395, page 221, parcel 10, page 234, parcels 01, 11 and 12, page 245, parcels 04 and 07, page 246, parcels 07 and 08 and page 254, parcels 02 and 03, Tract Map 20280, and the proposed levy and collection of annual special benefit assessment related thereto commencing in Fiscal Year 2024/2025; and, WHEREAS, the City Council desires to annex Tract Map 20280 into DFAD No. 1, and to levy and collect an annual assessment against the lots and parcels of land within said territory to pay the cost and expenses related to the maintenance, servicing and operation of landscape improvements in and around drainage facilities that provide special benefits to the parcels of land therein as authorized by the Act and the provisions of the California Constitution Article XIIID (hereafter referred to as the “California Constitution”); commencing in Fiscal Year 2024/2025, if no majority protest exist and, WHEREAS, the Assessment Engineer of Work, Willdan, has prepared and filed with the City Clerk an Engineer’s Report (hereafter referred to as the “Report”) in connection with such annexation proceedings and the proposed levy of assessment commencing with fiscal year 2024/2025 (said fiscal year beginning July 1, 2024, ending June 30, 2025); in accordance with the Act and the California Constitution; and said Report has been presented to the City Council.
WHEREAS, pursuant to Article XIIID of the California Constitution, Sections 22605 through 22608 and 22588 of the Act, and Government Code section 53753, the City Council desires to set a public hearing for the proposed annexation of Tract Map 20280 into DFAD No. 1, and to further order the mailing of notices and assessment ballots to the property owners in Tract Map 20280; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY FIND, RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Recitals.
That the recitals set forth above are true and correct, and together with the definitions set forth therein, are hereby made part of this Resolution by this reference. 1 4
0 0
2 Section 2. Territory.
The territory of land to be annexed to the District incorporates all of the lots and parcels of land that will receive a special benefit from the improvements to be maintained, operated, and serviced through DFAD No. 1 and those lots and parcels of land are inclusive of Assessor Parcel Number book 0395, page 221, parcel 10, page 234, parcels 01, 11 and 12, page 245, parcels 04 and 07, page 246, parcels 07 and 08 and page 254 parcels 02 and 03, which is planned to develop out to 72 Single-Family Residential lots.
Section 3. Improvements.
That the proposed improvements to be provided, and for which the properties in Tract Map 20280 shall then be assessed following said annexation, are the regular maintenance, servicing, rehabilitation, and irrigation of the landscaping within the DFAD No. 1. Exhibit A outlines a preliminary budget based the overall expenses for DFAD No. 1 for Fiscal Year 2023/2024, complete budget for DFAD No. 1 can be found in the consolidated Drainage Facilities Assessment District Engineer’s Report on file with the City Clerk. Said improvements have been determined to be of special benefit to said properties.
Section 4. Intention to Annex and Levy Assessments.
The City Council hereby declares its intention to annex the territory of land to the DFAD No. 1 designated as Tract Map 20280, and to levy and collect annual assessments against the parcels of land within said territory to fund the ongoing cost and expenses of maintaining, operating, and servicing the improvements determined to be of special benefit to the parcels of land therein as outlined in the Engineer’s Report prepared in connection therewith, commencing in fiscal year 2024/2025. The City Council finds that the public’s best interest requires such action and levy of assessments Section 5. Public Hearing.
The City Council hereby declares its intention to conduct a public hearing concerning the levy of assessments for Tract Map 20280 in accordance with Government Code, Section 54954.6 and California Constitution, Article XIIID, Section 4(e); and, notice is hereby given that a public hearing on these matters will be held by the City Council on November 21, 2023, at 6:00 P.M., or as soon thereafter as feasible, in the City Council Chambers located at 14343 Civic Drive, Victorville, California 92392. At the Public Hearing, all interested persons shall be afforded the opportunity to hear and be heard.
Section 6. Assessment Balloting.
Pursuant to Article XIIID of the California Constitution, an assessment ballot proceeding is hereby called on the matter of confirming the proposed assessment for Tract Map 20280. The ballots and notices so authorized shall be distributed by first class mail to the property owners of record as of the last County equalized roll, and property owner or owners of each affected parcel may return the ballot by mail or in person to the City Clerk not later than the conclusion of the public hearing for these matters. 1 4
0 0
2 Section 7. Notice and Ballots.
The City Council hereby authorizes and directs the City Clerk or their designee to prepare and mail notice of the Public Hearing and property owner protest ballots to the property owners of record regarding the proposed assessment including the assessment range formula as outlined in the Report, for return receipt prior to the date and time of the public hearing set forth in this Resolution; and, the notice of the hearing and ballot shall be distributed by first class mail to the property owner(s) of record for each parcel within Tract Map 20280 subject to an assessment, not less than 45 days before the date of the public hearing pursuant to the California Constitution.
Section 8. Protest Proceedings.
The property owner protest ballot proceeding conducted for Tract Map 20280 shall constitute the property owners’ approval or rejection of the annual levy of assessments and assessment range formula described in the Report presented and approved by the City Council. The property owner may return the ballot by mail or in person to the City Clerk no later than the conclusion of the public hearing scheduled for November 21, 2023. After the close of the Public Hearing, pursuant to Section 4 (e) of the California Constitution, the City Clerk or their designee shall open and tabulate the ballots returned to determine if majority protest exists. Only those ballots issued by or on behalf of the City and signed by the property owner of record or authorized representative, shall be considered as valid ballots, and shall be weighted according to the proportional financial obligation of each affected property. Majority protest exists if, upon the conclusion of the hearing, valid ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment; and, in addition to the ballot proceedings, property owners may also file a separate written protest with the City Clerk prior to the conclusion of the hearing, or having previously filed such protest, may file a written withdrawal of that protest. A written protest shall state all grounds of objection and shall contain a description sufficient to identify the property owned by such property owner. At the public hearing, all interested persons shall be afforded the opportunity to hear and be heard.
1 4
0 0
2 EXHIBIT A
DESIGNATED DRAINAGE LANDSCAPE MAINTENANCE AREAS
ESTIMATE OF BUDGET FOR FISCAL YEAR 2023/2024 TRACT MAP 20280
PROPOSED TO BE ANNEXED INTO DRAINAGE FACILITIES ASSESSMENT DISTRICT NO. 1 FOR FISCAL YEAR 2023-2024
APN: 0395-221-10, 0395-234-01,11 & 12, 0395-245-04 & 07; 0395-246-07 & 08; and 0395-254-02 & 03
FISCAL YEAR 2023/2024 BUDGET
DESCRIPTION Tract
20280
UTILITIES-ELECTRICITY $5
UTILITIES-WATER USAGE $197
TELEPHONE $39
UTILITIES SUB-TOTAL $241
CITY ADMINISTRATION $130
CONSULTING SERVICES 59
COUNTY FEES 35
ADMINISTRATION SUB-TOTAL $224
MAINTENANCE STAFF SALARY AND BENEFITS $6,75
4 CONTRACT SERVICES $3,02
9 GROUNDS MAINTENANCE $449
IRRIGATION MAINTENANCE $180
INFRASTRUCTURE REPAIRS $198
VEHICLES AND EQUIPMENT $225
TOOLS AND SMALL EQUIPMENT $275
VANDALISM/ACCIDENTS $2,16
8 MAINTENANCE SUB-TOTAL $13,2
80 EXPENDITURE BUDGET $13,7
44 GENERAL BENEFIT CONTRIBUTION $0
RESERVE COLLECTION/CONTRIBUTION 1,841
BALANCE TO LEVY $15,5
85 Equivalent Benefit Units at Built-Out 72.00
FY 2023/24 Assessment Rate $216.
46 FY 2023/24 Assessment Rate Not Built $1.00
1 4
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2 FY 2023/24 Max. Allowable Assessment per Benefit Unit- Built
$238.
01 FY 2023/24 Max. Allowable Assessment per Benefit Unit-Not Built Out $1.00
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1 Attachment F
Resolution No. 23-089
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1 RESOLUTION NO. 23-089
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE DECLARING ITS INTENTION TO ANNEX TRACT MAP 20280 TO VICTORVILLE LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 6, TO LEVY ASSESSMENTS ON TRACT MAP 20280 FOR FISCAL YEAR 2024/2025; SETTING A PUBLIC HEARING ON THE PROPOSED ANNEXATION AND ASSESSMENTS;
AND ORDERING HEARING NOTICES AND ASSESSMENT BALLOTS TO BE MAILED TO THE PROPERTY OWNERS IN TRACT MAP 20280
WHEREAS, the City Council of the City of Victorville (the “City”) pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Part 2, Division 15 of the California Streets and Highways Code, commencing with Section 22500 (hereafter referred to as the “Act”), did initiate proceedings for the annexation of territory to the Landscape Maintenance Assessment District No. 6 (hereafter referred to as the “LMAD No. 6”), consisting of Assessor Parcel Number book 0395, page 221, parcel 10, page 234, parcels 01, 11 and 12, page 245, parcels 04 and 07, page 246, parcels 07 and 08 and page 254 parcels 02 and 03, Tract Map 20280, and the proposed levy and collection of annual special benefit assessment related thereto commencing in Fiscal Year 2024/2025; and,
WHEREAS, the City Council desires to annex Tract Map 20280 into LMAD No. 6, and to levy and collect an annual assessment against the lots and parcels of land within said territory to pay the cost and expenses related to the maintenance, servicing and operation of local landscape improvements that provide special benefits to the parcels of land therein as authorized by the Act and the provisions of the California Constitution Article XIIID (hereafter referred to as the “California Constitution”); commencing in Fiscal Year 2024/2025, if no majority protest exist and,
WHEREAS, the Assessment Engineer, Willdan has prepared and filed with the City Clerk an Engineer’s Report (hereafter referred to as the “Report”) in connection with such annexation proceedings and the proposed levy of assessment commencing with fiscal year 2024/2025 (said fiscal year beginning July 1, 2024, ending June 30, 2025); in accordance with the Act and the California Constitution; and said Report has been presented to the City Council.
WHEREAS, pursuant to Article XIIID of the California Constitution, Sections 22605 through 22608 and 22588 of the Act, and Government Code section 53753, the City Council desires to set a public hearing for the proposed annexation of Tract Map 20280 into LMAD No. 6, and to further order the mailing of notices and assessment ballots to the property owners in Tract Map 20280; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY FIND, RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Recitals.
That the recitals set forth above are true and correct, and together with the definitions set forth therein, are hereby made part of this Resolution by this reference.
Section 2. Territory.
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1 The territory of land to be annexed to the District incorporates all of the lots and parcels of land that will receive a special benefit from the improvements to be maintained, operated, and serviced through LMAD No. 6 and those lots and parcels of land are inclusive of Assessor Parcel Number book 0395, page 221, parcel 10, page 234, parcels 01, 11 and 12, page 245, parcels 04 and 07, page 246, parcels 07 and 08 and page 254 parcels 02 and 03, which is planned to develop out to 72 Single-Family Residential lots.
Section 3. Improvements.
That the proposed improvements to be provided, and for which the properties in Tract Map 20280 shall then be assessed following said annexation, are the regular maintenance, servicing, rehabilitation, and irrigation of the landscaping within the LMAD No. 6. Exhibit A outlines a preliminary budget based the overall expenses for LMAD No. 6 for Fiscal Year 2023/2024, complete budget for LMAD no. 6 can be found in the consolidated Landscape Maintenance Assessment District Engineer’s Report on file with the City Clerk. Said improvements have been determined to be of special benefit to said properties.
Section 4. Intention to Annex and Levy Assessments.
The City Council hereby declares its intention to annex the territory of land to the LMAD No. 6 designated as Tract Map 20280, and to levy and collect annual assessment against the parcel of land within said territory to fund the ongoing cost and expenses of maintaining, operating, and servicing the improvements determined to be of special benefit to the parcel of land therein as outlined in the Engineer’s Report prepared in connection therewith, commencing in fiscal year 2024/2025. The City Council finds that the public’s best interest requires such action and levy of assessments Section 5. Public Hearing.
The City Council hereby declares its intention to conduct a public hearing concerning the levy of assessments for Tract Map 20280 in accordance with Government Code, Section 54954.6 and California Constitution, Article XIIID, Section 4(e); and, notice is hereby given that a public hearing on these matters will be held by the City Council on November 21, 2023, at 6:00 P.M., or as soon thereafter as feasible, in the City Council Chambers located at 14343 Civic Drive, Victorville, California 92392. At the Public Hearing, all interested persons shall be afforded the opportunity to hear and be heard.
Section 6. Assessment Balloting.
Pursuant to Article XIIID of the California Constitution, an assessment ballot proceeding is hereby called on the matter of confirming the proposed assessment for Tract Map 20280. The ballots and notices so authorized shall be distributed by first class mail to the property owners of record as of the last County equalized roll, and property owner or owners of each affected parcel may return the ballot by mail or in person to the City Clerk not later than the conclusion of the public hearing for these matters. 1 4
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1 Section 7. Notice and Ballots.
The City Council hereby authorizes and directs the City Clerk or their designee to prepare and mail notice of the Public Hearing and property owner protest ballots to the property owners of record regarding the proposed assessment including the assessment range formula as outlined in the Report, for return receipt prior to the date and time of the public hearing set forth in this Resolution; and, the notice of the hearing and ballot shall be distributed by first class mail to the property owner(s) of record for each parcel within Tract Map 20280 subject to an assessment, not less than 45 days before the date of the public hearing pursuant to the California Constitution.
Section 8. Protest Proceedings.
The property owner protest ballot proceeding conducted for Tract Map 20280 shall constitute the property owners’ approval or rejection of the annual levy of assessments and assessment range formula described in the Report presented and approved by the City Council. The property owner may return the ballot by mail or in person to the City Clerk no later than the conclusion of the public hearing scheduled for November 21, 2023. After the close of the Public Hearing, pursuant to Section 4 (e) of the California Constitution, the City Clerk or their designee shall open and tabulate the ballots returned to determine if majority protest exists. Only those ballots issued by or on behalf of the City and signed by the property owner of record or authorized representative, shall be considered as valid ballots, and shall be weighted according to the proportional financial obligation of each affected property. Majority protest exists if, upon the conclusion of the hearing, valid ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment; and, in addition to the ballot proceedings, property owners may also file a separate written protest with the City Clerk prior to the conclusion of the hearing, or having previously filed such protest, may file a written withdrawal of that protest. A written protest shall state all grounds of objection and shall contain a description sufficient to identify the property owned by such property owner. At the public hearing, all interested persons shall be afforded the opportunity to hear and be heard.
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1 EXHIBIT A
DESIGNATED LANDSCAPE MAINTENANCE AREA
ESTIMATE OF BUDGET FOR FISCAL YEAR 2023/2024 TRACT MAP 20280
PROPOSED TO BE ANNEXED INTO LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 6 FOR FISCAL YEAR 2023-2024
APN: 0395-221-10, 0395-234-01,11 & 12, 0395-245-04 & 07; 0395-246-07 & 08; and 0395-254-02 & 03
FISCAL YEAR 2023/2024 BUDGETS
DESCRIPTION Tract 20280
UTILITIES-ELECTRICITY $91
UTILITIES-WATER USAGE 1,512
TELEPHONE 125
UTILITIES SUB-TOTAL $1,728
CITY ADMINISTRATION $106
CONSULTING SERVICES 56
COUNTY FEES 18
ADMINISTRATION SUB-TOTAL $180
MAINTENANCE STAFF SALARY AND BENEFITS $1,660
CONTRACT SERVICES 4,581
GROUNDS MAINTENANCE 210
IRRIGATION MAINTENANCE 452
INFRASTRUCTURE REPAIRS 17
VEHICLES AND EQUIPMENT 219
TOOLS AND SMALL EQUIPMENT 74
VANDALISM/ACCIDENTS 1,296
MAINTENANCE SUB-TOTAL $8,510
EXPENDITURE BUDGET $10,418
BALANCE TO LEVY $10,418
Equivalent Benefit Units at Build Out 72.00
FY 2023/24 Assessment Rate $144.70
FY 2023/24 Assessment Rate Not Built $1.00
FY 2023/24 Max. Allowable Assessment per Benefit Unit $168.63 FY 2023/24 Max. Allowable Assessment per Benefit Unit-
Not Build Out $1.00
Attachment G
Vicinity
Map
Attachment H
Engineer’s Reports
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Attachment I
Petitions from Developers
Item Number: 18
Board of Directors
Written Communications
Meeting of: November 07, 2023
Submitted By:
C. Eric Ray, Airport Director
Subject:
Approve Amendment One to the Standard Consultant/Professional Services Provider Agreement for Airport Layout Plan Update, Project CC21-015-1 Recommendation:
That the Southern California Logistics Airport Authority Board of Directors approve Amendment One to the Standard Consultant/Professional Services Provider Agreement to Burns & McDonnell Engineering Company, Inc., for Airport Layout Plan Update, Project CC21-015-1, increasing the total not to exceed compensation by $37,350 to $632,346.
Fiscal Impact:
This Amendment requires no additional budget appropriation. The funding for this Amendment will be from previously ratified FAA Grant #03-06-0359-029-2021 which was for $666,666. The coding for this Amendment will be from the below account:
Current Budget
Balance
4571301A-52300-95097 FAA Grant #29 Fund $68,499.70
Strategic Plan Goal:
Goal A. Financial Sustainability: Completion of the Airport Layout Plan provides a framework for future revenues and investment expenditures at the Airport.
Goal C. Community and Economic Development: Completion of the Airport Layout Plan provides a foundation for growth and economic vitality that benefits the entire region.
Goal E. Invest in Infrastructure: Completion of the Airport Layout Plan will allow the Southern California Logistics Airport (“SCLA”) to be considered for future infrastructure grants from the Federal Aviation Administration (“FAA”).
Background:
The SCLA receives grant funds from the Federal Aviation Administration for improvement and maintenance of the airport via the FAA Airport Improvement Program (“AIP”). FAA 3 3
5 5
grant funding, under the AIP, is intended to ensure that the SCLA continues to provide a safe and operable airfield. A requirement for grant funding eligibility is to maintain a current, FAA approved, Airport Layout Plan (“ALP”) which defines the SCLA’s short and long-term infrastructure needs requisite to maintaining a safe and compliant airport.
An ALP is a scaled, graphical presentation of existing and future airport facilities, their location on the airport property, and pertinent ownership and dimensional information.
The ALP contains information used by the FAA to program future funding assistance and to monitor the Airport’s compliance with FAA design standards and grant assurances.
The updated ALP will confirm both property ownership and vesting of development rights, determine appropriate airport land uses, support airport modernization and infrastructure improvements, and plan for future growth. It is a valuable tool that allows the FAA to anticipate budgetary and procedural needs, and to protect the airspace required for facility or aircraft approach procedure improvements.
The comprehensive evaluation of airport conditions needed to meet the FAA’s design standards requires highly specialized and technical services. These services are customarily performed by a qualified engineering services firm with specific training and experience regarding FAA standards, specifications, and customary protocol.
On November 16, 2021, your Honorable Board of Directors approved the award of a Standard Consultant/Professional Services Provider Agreement to Burns & McDonnell Engineering Company, Inc. (“Burns & McDonnell”), for a not to exceed amount of $594,996 for the Airport Layout Plan Update.
Discussion:
Burns & McDonnell has worked extensively on the ALP to confirm property ownership and vesting of development rights, determine appropriate airport land uses, support airport modernization and infrastructure improvements, and plan for future growth.
The current Agreement amount with Burns & McDonnell of $594,996 contained sufficient anticipated expenditures related to the property research portion of the ALP. However, during the property research portion of the project, Burns & McDonnell and Airport staff identified multiple additional land parcels belonging to the Airport. Additionally, the dissolution of the Southern California Logistics Rail Authority transferred additional parcels to the Southern California Logistics Airport Authority’s (“SCLAA”) jurisdiction. The additional work required to obtain title reports and unravel the complex property transactions related to the newfound SCLAA parcels added unexpected costs of $37,350 to the ALP Project.
Approval of Amendment One of the existing Agreement with Burns & McDonnell will allow Burns & McDonnell to finalize their research and formally complete their work on the ALP.
Staff contacted the FAA regarding the additional research costs and reviewed the expenditures from FAA Grant #29 to confirm sufficient grant funds of $68,499.70 are 3 3
5 5
remaining to fund this Amendment. The FAA has given approval for the proposed Amendment amount.
The requested Amendment amount of $37,350 is within the City Manager’s authority to approve under Municipal Code §2.28.060. However, Burns & McDonnell is currently contracted to provide Bidding Support, Construction Management & Inspection Services, Project CC21-015, at the SCLA for the not to exceed amount of $902,243.34, with an Amendment being proposed separately increasing the total not to exceed compensation for Project CC21-015, Runway 17/35 Reconstruction, by $135,120.49. The aggregate value of both proposed Amendments exceeds the City Manager’s authority, therefore this award requires the approval of the SCLAA Board of Directors.
Therefore, staff requests and recommends Your Honorable Board of Directors approve Amendment One of the Consultant/Professional Services Provider Agreement by and between the SCLAA and Burns & McDonnell, in the amount not to exceed $37,350, increasing the total not to exceed compensation amount to $632,436 for Airport Layout Plan Update, Project #CC21-015-1.
Staff remains available for any questions or comments you may have.
Attachments: A. Burns & McDonnell Proposal
B. Consultant/Professional Services Provider Agreement
Amendment One
ATTACHMENT A
BURNS & MCDONNELL
PROPOSAL
BURNS��DONNELL
February 9, 2023
Eric Ray
Soꢀtheꢁ Caliꢂꢁia Logistics Aiꢃorꢄ
18374 Phantom West
Victorville, CA 92394
Re: SCLA ALP
Dear Eric:
Eric -as yoꢀ know the project originally anticipated $25,000.00 ꢂr Title Reporꢄ costs -which was carried in the Expenses Line Item totaling $28,333.00.
We are asking to increase the Expenses line item to a total of $65,681.00 to inclꢀde an additional $37,350.00 of Title Report Fee's incꢀrred by the project. This woꢀld increase oꢀr total Contract amoꢀnt ꢅom $594,996.00 to $632,346.00.
Ifyoꢀ have any ꢆher qꢀestions, please call me directly or email me at ccingraham@bꢀmsmcd.com
Sincerely,
C. Cꢀrt Ingraham, PE
Department Manager
Aviation and Federal Groꢀp
cc: File
140 S State College Blvd\ Suite 100\ Brea, CA 92821
0 714-256-1595\ F 714-256-1764\ burnsmcd.com
CA Contractor License 755238
Original Fee Schedule
SCLA Airport Layout Plan Update - Fee Schedule
Estimated
Total Hours Estimated Schedule Johnson Aviation
Dorota
Burns & McDonnell Psomas COSTTask
Senior
DesignerNick Johnson Skrzypek Curt Ingraham
TASK 1 - ALP Narrative Report
1. Data Review/Collection
2. Inventory/Existing
Conditions
90 88
07/01/2021 - 07/30/2021
07/19/2021 - 08/31/2021
08/16/2021 - 09/30/2021
16 16
60 60
14 12
$
$
17,492
16,922
3. Recommended Future
Development
TASK 1 Sub-total
116 24
56 80
200
12 38
$ 21,422
294 0 $ 55,837
TASK 2 - Airport Layout Plan (ALP) Drawing Set
1. Data Review/Collection
2. Prepare Drawing Set
176
168
09/01/2021 - 09/30/2021
10/01/2021 - 10/312021
11/01/2021 - 11/30/2021
16 0
24 0
16 8
120
160
$
$
33,196
32,917
3. Stakeholder Review
TASK 2 Sub-total
80 16
32 32 12 20 $ 14,452
424 56 36 300 $ 80,565
TASK 3 - Finalize ALP Update
2. Review Draft Report and
Drawings 120 12/01/2021 - 12/15/2020
12/15/2021 - 12/31/2021
16 48 16 40 $ 23,022
3. Finalize Report,
Drawings, FAA Submital
TASK 3 Sub-total
168 16
32 60 12 80 $ 32,240
288 108 28 120 $ 55,262
TASK 4 - SCLA ALP Survey Support Services
1. Preliminary Mapping
2. Aerial Surveys
$
$
101,000
144,000
$
$
101,000
144,000
3. Final Boundary and
Record of Survey $
$
76,000
17,000
$
$
76,000
17,0004. Exhibit A
5. Airport GIS and
Obstruction Ground Survey
TASK4 Sub-total
$ 37,000 $ 37,000
$ 375,000
TOTAL ESTIMATED COST: 1006 120 364 102 420 $
$
$
566,663
28,333Expenses:
TOTAL ESTIMATED COST: 594,996
NOTE: This is a time and material estimate; not to exceed without further authorization.
BURNS & MCDONNELL ENGINEERING CO., INC./CC21-015-1 1
ATTACHMENT B
CONSULTANT/PROFESSIONAL
SERVICES PROVIDER AGREEMENT
AMENDMENT ONE
Consultant/Professional Services Provider Agreement/ /Burns & McDonnell Engineering Co., Inc./CC21-015- 1/Amendment 1