Agenda packet — Victorville City Council, December 19, 2023 (part 2 of 2)

ISSUED IN DUPLICATE

PUBLIC IMPROVEMENTS FAITHFUL PERFORMANCE BOND
(To Be Used With Subdivision Improvement Agreement or Construction/Excavation Permit) "Silverstone"
Tract/Case No.: Tract 14751
Bond No.: SU1147448
Premium: $3,969.00
WHEREAS, the City Council of the City of Victorville, County of San Bernardino, State of California, and Western Pacific Housing, Inc., a Delaware Corporation (hereinafter "Principal") have entered into a Subdivision Improvement Agreement (hereinafter referred to as "Agreement") 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, whereby Principal agrees to install and complete certain designated public improvements, which said Agreement, dated ,
Oct.
20 17 , and identified as Tract/Case No. 14751 for

Street Improvements , is hereby
referred to and made a part hereof; and,
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 Arch Insurance Company , a corporation of the State of Missouri , (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 benefit of any and all persons who may suffer damages by breach of the conditions hereof, in the penal sum of One million two hundred twenty one thousand three hundred forty two and 67/100 dollars, ($ 1,221,342.67 - . --), lawful money 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-bound 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. ctilm CCP:ccp
ishared/Development/Projects/SuretyRecovery/Forms/FPBond.Blank.101211 By: By:

Margaret
,/,
inem, Attorney-m-Fact
Public Improvements
Faithful Performance Bond
Tract/Case No.: Tr. 14751
Bond No.: SU1147448
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 October 9 , 2017
Western Pacific Housing, Inc., a Delaware Corporation Arch Insurance Company

Name of Principal (Applicant)

Name of Surety Company

By: By: N/A
By:

Mailing Address:
2280 Wardlow Circle, Ste. 100
By: N/A
Harborside 3, 210 Hudson St., Ste. 300
Address of Surety Company Address of Principal
Corona. CA 92880
Jersey City, NJ 07311-1107
City, State Zip Code City, State Zip Code

ABOVE-SIGNATORIES MUST BE NOTARIZED
APPROVED AS TO FORM:
k•- ' :;;IL Chuck uquet, Risk Manager
CCP:ccp
/shared/Development/Projects/SuretyRecovery/Forms/FPBond.Blank.101211 do Willis of Florida, Inc.
4211 W. Boy Scout Blvd., Ste. 1000
Tampa, FL 33607
Inquiries: (813) 281-2095
Senate Bill 1050, amends Sections 1189 and 1195 of the Civil Code and Section 8202 of the Government Code, relating to notaries public. The below physical format of the new disclosure notice is an example, for purposes of illustration.

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 Cal'
County of
rnia
MAUD

On od. 10 1 1 ---, )4 before me, I A Jcf1I4 Laq, ()Love (Pi (here insert name and title of officer), personally appeared -7 ;{ )cid .lig , who is/affi subscribed to
the within instrument and acknowledged to me that he/s th* executed the same in his/hkt ir authorized capacity(), and that by his/Itk/thitir signature( on the instrument the personr, or the entity upon behalf of which the person0 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.
proved to the bn the basis of satisfaotory eVideriee to be the. person( i whose, nanie

4_cu libLd_CtiA

S ignature

(Seal)

MEGAN KAY VVHIELDON
COmm.* 2168380 M
NOTARY PUBLIC • CALIFORNIA 0
RIVERSIDE COUNTY -b
Comm. Exp. OCT. 16, 2020

ACKNOWLEDGEMENT BY SURETY

STATE OF FLORIDA
COUNTY OF HILLSBOROUGH 1 SS.

On this 9 th day of October, 2017 before me, personally came Margaret A. Ginem, who is personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within Instrument as Attorney-In-Fact on behalf of Arch Insurance Company, and acknowledged to me that he/she executed the within instrument on behalf of said surety company and was duly authorized to do.

In witness whereof, I have signed and affixed my official seal on the date in this certificate first above written.

MARTANELLA BARNOLA $A•'''' 41 0. Commission # FF 947761 , 1 g 1 ,gir Expires May 5, 2020
Banded Thai troy Fain In:trance 800-385-7019
This area for Official Notarial Seal
„ , h11"1111111II I IIIII” I
1L i4:11 1.:1,
'111 1.111[1 1
AIC 0000215521
III
= process." =
(EACH)
00ML0013 00 03 03 Page 1 of 2 Printed in U.S.A.
=
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON BLUE BACKGROUND.

Thl - Eowerof Attorney limits ti ctst th - oseATamethherein, and they have no authority to bind the Comprany;_exceptinlli Inailfler-dridzto EN extent herehostateW NiftWahd,loWflortgage, No; 1 - 6 49,01IldflI1 1110 11 II 11. 111 111111111114 1111'111111111 1,1,
redit, Bank Dep(M1,_..7_ZutanajERRW -
_
- Interest Rate or Residential Value - GYartees.

POWER OF ATTORNEY
r "11F
_ -nentrAllittYlner These Prese s.

That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal administrative office in Jersey City, New Jersey (hereinafter referred to as the "Company') does hereby appoint:
= Any aioi undertakings, recognizance and otNaf : surety obligationsja_th&penaTtirn nTatlexceeding •
gation to be split into two or more - b - ondt In order to bring each such bond'W - ithirYthe dollar _
ttiCardthnale,-Brandy Baich, DaA:IFEIe -arril -e -e_--- TENFit_ard and Margaret — I
111 111
its true and lawful Attorney(s)in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed:
, 1,111 411
--NiNeW_MilMIXIOTtss ($90,000,000.00) 1 '1 '
___. 1111:hill
TI -Trs authority does not permit the earre ob
limit of authority as set forth herein.
wpziiog uwnAh_elzsaid Company- ureaW" amptrtmall intents ando lees' hri; ame had been AJOriexe,ci_. -- "d s acKl - ioWle_tge - d_brA= regularly eleMdWiWisWiitwrineirrehadministrativell'affiC ,1111' 1111111yihiih The execution - otsuch bonds, undertakings, recognizances and other surety obligations in pursuance of these presents shalLbe_as— _ _ y; NelntOersey.

VOTED, That the signature of the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety,Business Division, or their appointees designated in writing and filed with the_Secretary, and the signature of the S1ëretaryseai of the Company i,, [11qird OertlftattriMihe Secretary, rna_M affixatiEbWcsifre on any power opttorney_45r bad_ -'eMeiltedursua=to the resoluA lk bLid ,m of Directors _oir Septembpr.1=1Y11.0 - nd any such =twat - Sae - XeculeAM sbwled -- rrf certified with respect' to any bond or undertaking to which itis — aiffchaTti, SM — alFcbritinue to be valid anlftin - ding,uponlfile - h Company.

David M.

Attested and Certified
Patrick K. Nails, Secretary

STATE OF PENNSYLVANIA SS

COUNTY OF PHILADELPHIA SS
Arch Insurance Company
)11 billh
4 1 1 " . 11
1-inKe stein, Executive Vice President
AIC 0000215521
In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 27 th day of April 2017.

I, Helen Szafran, a Notary Public, do hereby certify that Patrick K. Nails and David M. Finkelstein personally known to me to be the same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. COMMONWEALTH OP PENNSYLVANIA

NOTARIAL SEAL
HELEN SZAFRAN. Notay Public
City of Philadelphia, Ptta, County
, rity Ccarintistort EXp1r03 October 3. 2017
elen Szafran, tary2b 4 2/1i

My commission expires 10/03/2017

CERTIFICATION
I, Patrick K. Nails, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated April 27, 2017 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said David M. Finkelstein, who executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly elected Executive Vice President of the Arch Insurance Company.

IN TESTIMONY WHEI;VOF, I ave hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this a, day of Veif , 20 / 7 .

Patrick K. Nails, Secretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated.

PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS:

Arch Insurance — Surety Division
3 Parkway, Suite 1500
Philadelphia, PA 19102
00ML0013 00 03 03 Page 2 of 2 Printed in U.S.A.
t - ritt
Attested and Certified
Patrick K. Nails, Secretary

STATE OF PENNSYLVANIA SS

COUNTY OF PHILADELPHIA SS
Arch Insurance Company
) 1h 1 .

V a l11
DactId M. Finke stein, Executive Vice President
elen Szafran, tary2bli
My commission expires 10/03/2017
AIC 0000215521
In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 27 th day of April 2017.

NOTARIAL SEAL
HELEN SZAFRAN, NotayPublic
City of Phitedelphla, Pita County
Corerrission Explres October 3, 2017

CERTIFICATION
I, Patrick K. Nails, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated April 27, 2017 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said David M. Finkelstein, Who executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly elected Executive Vice President of the Arch Insurance Company.

IN TITI,MO . NY WHEI340F, Ifiave hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this'Kt, day of Ve./f Ot 1 / 4 -1 , 20 / 7 .

PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS:

Arch Insurance — Surety Division
3 Parkway, Suite 1500
Philadelphia, PA 19102
00ML0013 00 03 03 Page 2 of 2 Printed in U.S.A.

ISSUED IN DUPLICATE

PUBLIC IMPROVEMENTS LABOR AND MATERIALS BOND
(To Be Used With Subdivision Improvement Agreement or Construction/Excavation Permit) "Silverstone"
Tract/Case No.: Tract 14751
Bond No.: SU1147448
Included with Faithful
Premium: Performance Bond
WHEREAS, the City Council of the City of Victorville, County of San Bernardino, State of California, and Western Pacific Housing, Inc., a Delaware Corporation (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 Oct. , 20 17 , and identified as Tract/Case No.: Tract 14751 f or Street Improvements , is hereby referred to and made a part hereof; and,
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 15 (commencing with Section 3082), Part 4, Division 3, of the Civil Code of the State of California.

NOW THEREFORE, said Principal and Arch Insurance Company , 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, men and other persons employed in the performance of the aforesaid Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Six hundred ten thousand six hundred seventy one dollars and 34/100 dollars, ($ 610,671.34 . ), 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 15 (commencing with Section 3082), Part 4, Division 3, 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 City Attorney
Public Improvements
Labor & Materials Bond
Tract/Case No.: Tr.14751
Bond No.: SU1147448
become null and void, otherwise, it shall be and remain in full force and effect.

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 October 9 , 20 17 Western Pacific Housing, Inc., a Delaware Corporation Arch Insurance Company Name of Principal (Applicant)
By:

By:

Mailing Address:
2280 Wardlow Cir, Ste. 100
Address of Principal
Corona, CA 92880
Name of Surety Company
By: ,
Margaret A. / Ginem, Attorney-in-Fact
By: N/A
By: N/A
Harborside 3, 120 Hudson St., Ste. 300
Address of Surety Company
Jersey City, NJ 07311-1107
City, State Zip Code City, State Zip Code
do Willis of Florida, Inc.
4211 W. Boy Scout Blvd., Ste. 1000
Tampa, FL 33607
Inquiries: (813) 281-2095

ABOVE-SIGNATORIES MUST BE NOTARIZED
APPROVED AS TO FORM:

Chuck Buquet, Risk Manager
CCP:ccp
/shared/Development/Projects/SuretyRecovery/Forms/L&MBond.Blank.101211 Senate Bill 1050, amends Sections 1189 and 1195 of the Civil Code and Section 8202 of the Government Code, relating to notaries public. The below physical format of the new disclosure notice is an example, for purposes of illustration.

A notary public or other °Meer 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, of validity of that document.

State of California ,
County of r- Rt AA (1) t cle,
On 00 - tO 6.0 i I before me, atA 4114 ik, VIC(C/f1 (here insert name and title of officer) ; personally appearec Tide/ 4 , who proved to me on the basis of satisfactory evidence to be the person) whose narneq) is/aYe -subscribed to the within instrument and acknowledged to me that - he/s56/t1}Cy executed the -same in his/hfr/tIteir authorized capacity(' ), and that by his/h0/thAr signature X) on the instrument the person),, or the . entity upon behalf of which the person 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 tttly ttakiv, (Seal)

MEGAN KAY VVHIELDON
comm. # 2168380 g NOTARY PUBLIC • CAUFORNIA

RIVERSIDE COUNTY
Comm.0 C T. 16 2 0 2

ACKNOWLEDGEMENT BY SURETY

STATE OF FLORIDA
COUNTY OF HILLSBOROUGH J SS.

Onthis 9 th day of October, 2017 before me, personally came Margaret A. Ginem, who is personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within Instrument as Attorney-In-Fact on behalf of Arch Insurance Company, and acknowledged to me that he/she executed the within instrument on behalf of said surety company and was duly authorized to do.

In witness whereof, I have signed and affixed my official seal on the date in this certificate first above written.

Signature AiL cv viiiieL c i Art 4
M rianella Barnola
A0111 ,,, MARIANELLA BARNCLA
:4 Commission # FF 947761
s fl Expires May 5, 2020
Bonded Thou Troy Fein InsurEmco 800385-7019
This area for Official Notarial Seal
AIC 0000215522
:,11,1111 11111,
'

POWER OF ATTORNEY
111 111 4 "Ill, I
(II, I fi ,
[11 '1I
q 111111m1,
Printed in U.S.A.

THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON BLUE BACKGROUND.

TffisPow.t of Attorney limits thlac.tswf th - Os:iame - d.herein, and they have no ,authdrity to bind the Coniga _tmexc in-lh ---- manner and;to th - e extent hereitvadte - CE WolAtaW fdr-Mortgage, N t ,111111 ,111 1 ,1,:l Ir 1 ei Interest Rate or Residential Value - Guarantees.
=_ 6 4 lOaIr li Le4Prl' io ,r 0
_ -
— IIII'' ,I III ilmI Ilh IIIII IIII I II
11 !I ii III
read, Bank DepcTsit,WurrenopRM ---- -.
_

--_1Wav7AIIMrsony These Preaents
That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal administrative office in Jersey City, New Jersey (hereinafter referred to as the "Company") does hereby appoint:

Ane alctinale, - Brandy Baich, Davati.fiC - arri eel d d M ear an argaret m (EACH) '"'''" ' 11106
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on September 15, 2011, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect:
,
,11 1, 11111111111,1,1,,,,;,I 1,11,1,1111 1 1 1,111, II, ' 11, 11 _____ its true and lawful Attorney(s)in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed:
_ Any anficit -41-bo3, undertakings, recognizancea and other surety obligations r IrLthelpenatTsum ff -fidfitexceeding — — = NVee*Millrar - rAldtrs ($90 000 000:001 [ 1 ,.: [ , ' , II '1 - = - _ =- • r = --. = - 11 1 '1 r 1 II I 1 1 _,.

I his authority does not permit the same obligation to be split into two or morerbon - di In order to bring each such bon within the dollar limit of authority as set forth herein.

The execution - of such bonds, undertakings, recog_nizances and other surety obligations in pursuance of these presents shalLbe_ as - bindiri upan; - the -a_said CompanyfulTE and 'WNW all intents andlju irecips,[[1 ig1; lame had been LdgiXeXeCtWd WI — OHL .!4,11111141 11 11, 1 11 111' I I II _ attrfo - WleffetildNr its regularly eleelEcOffiMatitsts - riciiraliadministrative [office' in Jeraey IP it eV'Jersey. 11 1111111111111 II r ht, 1111
D, h_thairman of the')Board,„the President, or the ExecutiveVice- IIRmstent- -70 -r-My - 4enior Vice President, ofziiteSuW= _ = BirtesOST . yrsion7or their appointemilpesignatadlnilwriting and filed witEtti-SaareWy- iwb Mhe Secretary shall hAv l e - tthei.zpower - fin — authority to appoint agents and attorneys-in-fact, and to authorize them subje - of to the limitations set forth in their respective powers of attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, recognizances and other surety obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of " process." =
= unanimous consent of the Board ofar - - -ectM of theiCcYmpany on September 15, 2011:
- —
_ _ 1D-owo=f - Attorney is signed & ealednceif -riea r, r fie Mowing resollittemodW b csimile unde VOTED, That the signature of the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety.Business Division, or their appointeesdesignated in writing and filed with the_Secretary, and the signature of the SWfirale....sefial of the ComparAmpd Fpr,‘ lr 1 -le Secretary, rrl fi affixadEbyAacalffile on any power o_grIttorrfayAr begJE -- = , 111 —amdatbdmpaTia - to the resolution ili deo ' rtetfi fi by t, lE3o mi al d of Directors DFEN -ifemtzer.15W011-- -- nd any such -Wver, soaelecul = sect-aneicrtified with respect to any bond or undertaking to which it I -SW -attached, SIWco — ntinue to be valid atdThding upon The Company.
00ML0013 00 03 03 Page 1 of 2
Nki atl etv
David M. Ttein, Executive Vice President
AIC 0000215522
In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 27 th day of April, 2017.

Attested and Certified
Patrick K. Nails, Secretary

STATE OF PENNSYLVANIA SS

COUNTY OF PHILADELPHIA SS
Arch Insurance Company
I, Helen Szafran, a Notary Public, do hereby certify that Patrick K. Nails and David M. Finkelstein personally known to me to be the same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. cOMMQNWEALT14 OF PENNSYLVANIA

NOTAML SEAL
HELEN SZAFRAN, NotwyktlIc
City of Philadelphia, PhIla, County
Pity Conrasion Expires October 3, 2017

CERTIFICATION
‘1 2 )44-1k—/ elen Szafran, taryubli
My commission expires 10/03/2017
I, Patrick K. Nails, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated April 27, 2017 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said David M. Finkelstein, who executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly elected Executive Vice President of the Arch Insurance Company.

IN TEATIMONY WHTVF, have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this Wit day of , 20 17 .

PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS:

Arch Insurance — Surety Division
3 Parkway, Suite 1500
Philadelphia, PA 19102
00ML0013 00 03 03 Page 2 of 2 Printed in U.S.A.
stein, Executive Vice President
, 411.47-1" elen Szafran, tary2bli
My commission expires 10/03/2017
AIC 0000215522
In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 27 th day of April, 2017.

Attested and Certified
Patrick K. Nails, Secretary

STATE OF PENNSYLVANIA SS

IN TEOMONY WHME9F,) have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this Wit, day of W/C/104'C.1 , 20)7 .
4/11eA,
Patrick K. Nails, Secretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated.

PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS:

Arch Insurance — Surety Division
3 Parkway, Suite 1500
Philadelphia, PA 19102
00ML0013 00 03 03 Page 2 of 2 Printed in U.S.A.

ISSUED IN DUPLICATE

PUBLIC IMPROVEMENTS FAITHFUL PERFORMANCE BOND
(To Be Used With Subdivision Improvement Agreement or Construction/Excavation Permit) "Silverstone"
Tract/Case No.: Tract 14751
Bond No.: SU1147450
Premium: $794.00
WHEREAS, the City Council of the City of Victorville, County of San Bernardino, State of California, and Western Pacific Housing, Inc.,a Delaware Corporation (hereinafter "Principal") have entered into a Subdivision Improvement Agreement (hereinafter referred to as "Agreement") 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, whereby Principal agrees to install and complete certain designated public improvements, which said Agreement, dated Oct. , 20 17 , and identified as Tract/Case No. 14751 for
Drainage Improvements , is hereby
referred to and made a part hereof; and,
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 Arch Insurance Company , a corporation of the State of Missouri , (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 benefit of any and all persons who may suffer damages by breach of the conditions hereof, in the penal sum of Two hundred forty four thousand three hundred and thirty one dollars and 12/100 dollars, ($ 244,331.12 ), lawful money 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.

CCP:ccp
/shared/Development/Projects/SuretyRecovery/Forms/FPBond.Blank.101211 I
/ ,);,/
Ginem, Attorney-in-Fact
N/A
By:

Margaret
By: By:

Public Improvements
Faithful Performance Bond
Tract/Case No.: Tr. 14751
Bond No.: SU1147450
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.

Mailing Address:
2280 Wardlow Circle, Ste. 100
Address of Principal
Corona_ CA 92880
City, State Zip Code
By: N/A
Harborside 3, 210 Hudson St., Ste. 300
Address of Surety Company
Jersey City, NJ 07311-1107
City, State Zip Code
ABOVE-SIGNATORIES MUST BE NOTARIZED Go Willis of Florida, Inc. 4211 W. Boy Scout Blvd., Ste. 1000
Tampa, FL 33607
Inquiries: (813) 281-2095
Chuck Buquet, Risk Manager
City Attorney
APPROVED AS TO FORM:

CCP:ccp
/shared/Development/Projects/SuretyRecovery/Forms/FPBond.Blank.101211 Senate Bill 1050, amends Sections 1189 and 1195 of the Civil Code and Section 8202 of the Government Code, relating to notaries public. The below physical format of the new disclosure notice is an example, for purposes of illustration.

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 athat dOcument.

State of Calikrnia ,
County of lIlA16(.0
On U 4 - 1,0 )611 before me, kOaCili Ikt id4,4f1 insert name and tiile of officer), personally appeared ' T (here ffi who FI-Mr
proved to me on the basis of satisfactory evidence to be the person w'hose name(k is/pre subscribed to the within instrument and acknowledged to me that he/slOth executed the same in his/ en - authorized capacity(?) , and that by hisThWtKeir signatureç on the instrunient the person %), or the entity upon behalf of which the . person p 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 m hand and official seal.

Signature (Seal)

MEGAN KAY INHIELDON
COMM.* 2168380 M 0 NOTARY PUBUC • CALIFORNIA
RIVERSIDE COUNTY - 1
Comm. Exp. OCII

ACKNOWLEDGEMENT BY SURETY

STATE OF FLORIDA
COUNTY OF HILLSBOROUGH } SS.

In witness whereof, I have signed and affixed my official seal on the date in this certificate first above written.

Signature ywi,60,1,1 - Lack_

MARIANELLA BARNOLA
Commission # FF 947761
N Expires May 5, 2020
Bonded Thru Troy Fain Insurance 800-385-7019
This area for Official Notarial Seal
CL
M rianella Barnola
AIC 0000215514
''',HHH , HIptiT, I
. — ovnt11 -rsorislly These Presents: I I — 11111111111111 , 11.1116 ER OF ATTORNEY_ 01109,11m, mhl
[ 1]
1141111911
11 11111""1
111,1 111i11111111rit ,111111111
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON BLUE BACKGROUND. , II
-- This Pi:84(rof-Attomey limits thelatismt thifiscuramaltherein, and they have no authority to bind the ComginwexceWnlhe= - -- -- - I .001 li I 1 I 11 1 11 'II ./.' . - =
annend _to th4 extent hereirrstate -MMO - -LarolW7for = ltelortgage, NoiemOarb ..er artloriuredri, Bank DeporrencT*Ste, --- - , , limir _ Interest Rate or Residential Value Guarantees.

That the - Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal administrative office in Jersey City, New Jersey (hereinafter referred to as the "Company") does hereby appoint:
kiett , r6nale;i3randy Baich, David+k -arrgEileelTeard and Margaret1 1,1 1 "1
its true and lawful Attorney(s)in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed:
— ai:)oundertakings,
iT reWililWrglrolWs
re.on
— hal II „I „1 1 1 111.1111 — — ($90,000,0010

izanceslarid„other surety mxceeding
This authority does not permit the same obl'gation to be split into two or more bonds In order to bring each such bond within the dollar limit of authority as set forth herein.

The extantion - 5 Lsuch bonds, undertakings, recogoizances and other surety obligations in pursuance of these presents,shallas _ buridirtg upon - theaid CompanyasJa ampirtM-all intents and purposes, as if the same had beenzdulpexecul iiid , . acknoVre - d byits regularly eleeffsifottom,Wilitsaanricip -Itadministrativel10 1 iC i i NevOdersey. r o ll , '' F41111 0, 11, This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on September 15, 2011, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretankas being in full force and effect:
!H o 11 441111011 111 11 111111R
------ ='ZO_TILD,Matth - hairman of the Boara, the Presiderit, or the ExecutivOiic - Praid&t rpranAS -enior Vice Preside, of th --- urety _ =
sinebb Division, or their appointea debinaed in writing and filed witMtfieEmTotary7orlfte Secretary shall havethe ooC Arend authority to appoint agents and attorneys-in-fact, and to authorize them subject to the limitations set forth in their respective powers of attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, recognizances and other surety obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of — proces --eill _ 111,1 1.
—
ThisP —ev - ver ofAttcrney is signedWeer..WriMifaMby 7 facsimile under:and by authority of the following resoluttondef -DtedA , unanimous consent of the Board of Direckii of the Company on September 15, 2011:

VOTED, That the signature of the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of_the -Suretyiausiness Division, or their appointees designated in writing and_ filed mith thiecretary, and the signature_of- the -- rateryAlfieeel- of the Comparowl 1 t i licatiOrie 1iiiti,r tie Secretary, rt -Wbilalt<e7d -IbMocanalie on any power_O rn LTattoeylorborid A i l . — 'eX -e - OWEd4Wrar=o the resolutiO II111'111 . Ii 111:1 101 1!‘ ,iNgt . ! .H1 oaralj,of DirectorsorESe7pternber1- 'Wand any such .7 110Wit = so exocuted, sea ed Tri - d c - e - rtified with respect to ens', Obiid or Undertaking to which it is—etta -ch, sh -- 5rc -c7r -11 inue to be valid anti lliffiding upon the Company.
00ML0013 00 03 03 Page 1 of 2 Printed in U.S.A.

AIC 0000215514
In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 27 th day of April, 2017.

Attested and Certified Arch Insurance Company

e< i -A A
V
Finke stein, Executive Vice President

Patrick K. Nails, Secretary

STATE OF PENNSYLVANIA SS

COUNTY OF PHILADELPHIA SS

NOTARIAL SEAL
HELEN =FMK NotaYPublic
City of Pitaialphia, Ptaa, County
My Ccannission Expires OCtriber 3. 2017

IN TESTIMONY WHcIAEJE ct i t- ( t: j 7ve hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this , O day of W , 20 /7 .
41 / fie,
Patrick K. Nails, Secretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated.

PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS:

Arch Insurance — Surety Division
3 Parkway, Suite 1500
Philadelphia, PA 19102
elen Szafran, tary%li
My commission expires 10/03/2017
00ML0013 00 03 03 Page 2 of 2 Printed in U.S.A.
stein, Executive Vice President
elen Szafran, Nótaryubli
My commission expires 10/03/2017
AIC 0000215514
In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 27 th day of April, 2017.

Attested and Certified
Patrick K. Nails, Secretary

STATE OF PENNSYLVANIA SS

COUNTY OF PHILADELPHIA SS
Arch Insurance Company
I, Helen Szafran, a Notary Public, do hereby certify that Patrick K. Nails and David M. Finkelstein personally known to me to be the same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and Voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. COMMQNWEALTN pe PENNSYLVANIA I

NOVAK SEAL
HELEN SZAFRAN, NOtaPublIc
City of Mb:WO* Mts. Count)i_
MYCCESSissiori DetleS °etcher 3. 2017

IN TESTIMONY WH4RE c y.FX7 hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this C day of (11 , 20/7 .

PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS:

Arch Insurance — Surety Division
3 Parkway, Suite 1500
Philadelphia, PA 19102
00ML0013 00 03 03 Page 2 of 2
Printed in U.S.A.

ISSUED IN DUPLICATE

PUBLIC IMPROVEMENTS LABOR AND MATERIALS BOND
(To Be Used With Subdivision Improvement Agreement or Construction/Excavation Permit) "Silverstone"
Tract/Case No.: Tract 14751
Bond No.: SU1147450
Included with Faithful
Premium: Performance Bond
WHEREAS, the City Council of the City of Victorville, County of San Bernardino, State of California, and Western Pacific Housing, Inc.,a Delaware Corporation (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 Oct. , 20 17 , and identified as Tract/Case No.: Tract 14751 for Drainage Improvements , is hereby referred to and made a part hereof; and,
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 15 (commencing with Section 3082), Part 4, Division 3, of the Civil Code of the State of California.

NOW THEREFORE, said Principal and Arch Insurance Company , 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, men and other persons employed in the performance of the aforesaid Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of One hundred twenty two thousand one hundred sixty five dollars and 56/100 dollars, ($ 122,165.56 -----,------), 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.

Should the condition of this bond be fully performed, then this obligation shall CMX
By: By:

Margaret
By:

Ginem, Attorney-in-Fact .

N/A
Public Improvements
Labor & Materials Bond
Tract/Case No.: Tr.14751
Bond No.: SU1147450
become null and void, otherwise, it shall be and remain in full force and effect.

IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on October 9 , 20 17 Western Pacific Housing, Inc., a Delaware Corporation
Name of Principal (Applicant)
By:

By:

Mailing Address:
2280 Wardlow Cir, Ste. 100
Address of Principal
Corona. CA 92880
Arch Insurance Company
Name of Surety Company
By: N/A

Harborside 3, 210 Hudson St., Ste. 300
Address of Surety Company
Jersey City, NJ 07311-1107
City, State Zip Code City, State Zip Code
ABOVE-SIGNATORIES MUST BE NOTARIZED do Willis of Florida, Inc. 4211 W. Boy Scout Blvd., Ste. 1000
Tampa, FL 33607
Inquiries: (813) 281-2095
Chuck Buquet, Risk Manager
City Attorney
APPROVED AS TO FORM:

CCP:ccp
ishared/Development/Projects/SuretyRecovery/Forms/L&MBond.Blank.101211 Senate Bill 1050, amends SectionS 1189 and 1195 of the Civil Code and Section 8202 of the Government Code, relating to notaries public. The below physical format of the new disclosure notice is an example, fcr purposes ofillustration.

A notary public or other offiCer completing this
certificate verifies only the identity of the
individual Who signed the doCumentto which this
certificate is attached, and not the truthfulness,
accuracy, of validity of that dOcumditt.

State of Califnmia
County of ag(t6(CtO
On aA. 10 1 ,40 1 - 7 before me, k-ac WittddaA (here
insert name and title of officer), personally appeared ruatt— , who proved to me on thd basis of satisfactory dVidence to be the person whose narne0 is/are subscribed to the within instrument and acknowledged to me that he/sde/tlk executed the same in his/ rigteir authorized capacity(, and that by his/jullitlKir signature P on the instrument the person4 or the entity upon behalf of which the person acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laivs of the. State of California that the foregoing, paragraph is true and correct
WITNESS m hand and official seal.

Signature do kal

(Seal)

MEGAN KAY WHIELDON
comm.* 2168380 E NOTARY PUBLIC • CALIFORNIA 5

RIVERSIDE COUNTY
Comrt v.v.v.v..w.sie jg .sry.y,e,exp. 0 2020

ACKNOWLEDGEMENT BY SURETY

STATE OF FLORIDA
COUNTY OF HILLSBOROUGH J SS.

In witness whereof, I have signed and affixed my official seal on the date in this certificate first above written.

Signature

arianella Barnola
, cci/vie OtAA , L

1 MARIANEL .............4 LA BARNOLA
47 . iip s'- f;i. Commission # FF 947761 Expires May 5, 2020 -, ,,,, Bonded Thru Troy Fain Insurance BOO-3854019 This area for Official Notarial Seal
—IWhmiinly These PreS$ Is
Secretary as being in full force and effect:
=AMMD, -.AAt7tW=Chairman of t!
neivonTr their appoin
AIC 0000215515
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON BLUE BACKGROUND.

Wdsovinfr- ,- -Altomey limits thwax&W ftssonamtierein, and v _ rnonnerneffo UM extent herec - tal -eM IMMaiWfot4ortgage, No , (111, Interest Rate or Residential ValueGfiaraMees.

I'rbind the Con any - 111_40
it, Bank Depo — sitiELvne- _
R OF ATTORNEY _
611
That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, administrative office in Jersey City, New Jersey (hereinafter referred to as the "Company") does hereby appoint:
-_ —
having its principal
itt_Marctilitakandy Baich, DaviTO etce.Wieard and Margar L (EACH) its true and lawful Attorney(s)in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed:
ati&lot: undertakings, re of urety obligationajWtmee inuMxceeding — I'McMAIMMoitars ( 90 000 00
ThIs authority does not permit the same ob igation to be split into two or more — boncTS In order to bring each such bend within the dollar limit of authority as set forth herein
Tile exacutiorsuch bonds, undertakings, reeeeniz -antes and other suret _ tintgr ugt -isaid Company IttlW dud ctUri _allV intents anc aVmovvieWerb regularly eleMdmffiestsW=itsWitima&administrative I 111111111 .Ol mle ir ance of these presents_sha_ lke_as —
rne had beenAMenitectit&
Ne I lJersey.

This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on September 15, 2011, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Ih li01
ed inq writ ng and filed witiemetaworgbe Secretary shall hawtt - he -pow -e- -an -. 4de 4 t )- the Executiv_ ri - Wersicient ri II — .- orXtenior Vice Presidea
authority to appoint agents and attorneys-in-fact, and to authorize them subject to the limitations set forth in their respective powers of attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, recognizances and other surety obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of _ proce
_
----.
_ IIIIIII - _ __
rellowing resolution eMI-IME _ r
-
—
VOTED, That the signature of the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, leignated in writing and filed -with thiSecretary, and the signature_of_the -r!e Secretary, rri. affix(MiAesuVe on any powertiorneymr lobed__ I p„Abof Directors erv—_— ftt=11-_, -.'%nd any such ..7 werstmexecukti,_ Irtlr' eking to which it i' IMIlmi, s - h - - ffccmtinue to be valid adiW upon - the - Company.
111111111, j
00ML0013 00 03 03 Page 1 of 2 Printed in U.S.A.
=
frol
=
TrovvevtiffAtWrney is signecteatecMi bicsimile under
- urienimouS consent of the Board of5t of the Company on September of the _Suretysiness Division, or their
[ I
app
d
y
t C lOn H at .111
iafs ill yl
e rll es
II
-Miust of the Compa i _iiii _MrWry - 1
—fiWeIW.A4TrgE - Cuato the resolutI
i—be with respect
elen Szafran, Ntaryubli
My commission expires 10/03/2017
AIC 0000215515
In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 27 th day of April 2017.

Attested and Certified
Patrick K. Nails, Secretary

STATE OF PENNSYLVANIA SS

COUNTY OF PHILADELPHIA SS
Arch Insurance Company
Da -Vid M. Finicelstein, Executive Vice President
I, Helen Szafran, a Notary Public, do hereby certify that Patrick K. Nails and David M. Finkelstein personally known to me to be the same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. commomicht-Ri OF NINNSYLVANIA

NOTARIAL, SEAL
HELEN WNW, Natant Public
Clly of Philadelphia, Pita, County
My Conviaalan Expires °ebbe 3* 2017

IN TE§IIVONY WHWIEOL Ihave hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this VA. day of u./
,
, 20 1" .? .

PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS:

Arch Insurance - Surety Division
3 Parkway, Suite 1500
Philadelphia, PA 19102
00ML0013 00 03 03 Page 2 of 2 Printed in U.S.A.
stein, Executive Vice President
AIC 0000215515
In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 27 th day of April, 2017.

Attested and Certified
Patrick K. Nails, Secretary

STATE OF PENNSYLVANIA SS

COUNTY OF PHILADELPHIA SS
Arch Insurance Company
I, Helen Szafran, a Notary Public, do hereby certify that Patrick K. Nai'ls and David M. Finkelstein personally known to me to be the same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they' being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. COMMONWEAL3119IPENNSYLVANIA

NOTARIAL SEAL
HELM SZAFRAN, Way/ Public
City of Phltadeptia, Ptia,County
fiyCorartisslon Expires Odaer 3 2011
elen Szafran, tary i ,ubV td4 /1 1

CERTIFICATION

My commission expires 10/03/2017
I, Patrick K. Nails, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated April 27, 2017 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said David M. Finkelstein, who executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly elected Executive Vice President of the Arch Insurance Company.

IN TEWEVONY WHEOj l,have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this G(4, day of W ,20
Patrick K. Nails, Secretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated.

PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS:

Arch Insurance — Surety Division
3 Parkway, Suite 1500
Philadelphia, PA 19102
00ML0013 00 03 03 Page 2 of 2 Printed in U.S.A.

Issued in Duplicate

PUBLIC IMPROVEMENTS FAITHFUL PERFORMANCE BOND
(To Be Used With Subdivision Improvement Agreement or Construction/Excavation Permit) Tract/Case No.: Tract 14751
Bond No.: SU1147451
Premium: $181.00
WHEREAS, the City Council of the City of Victorville, County of San Bernardino, State of California, and Western Pacific Housing, Inc., a Delaware Corporation (hereinafter "Principal") have entered into a Subdivision Improvement Agreement (hereinafter referred to as "Agreement") 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, whereby Principal agrees to install and complete certain designated public improvements, which said Agreement, dated , 20 17 , and identified as Tract/Case No. 14751 for
Oct.

Sewer Improvements , is hereby
referred to and made a part hereof; and,
WHEREAS, said Principal is required under the terms of said Agreement to furnish a bond for faithful performance of said Agreement.

Arch Insurance Company
NOW THEREFORE, we, the Principal and
, a corporation of the State of Missouri , (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 benefit of any and all persons who may suffer damages by breach of the conditions hereof, in the penal sum of Fifty five thousand seven hundred and seventy dollars and 00/100 dollars, ($ 55,770.00 ), lawful money 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.

CCP: ccp
/shared/Development/Projects/SuretyRecovery/Forms/FPBond.Blank.101211 - Torlot
By:
ity Attorney
Public Improvements
Faithful Performance Bond
Tract/Case No.: Tr. 14751
Bond No.: SU1147451
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 October 9, , 2017 Western Pacific Housing, Inc. , a Delaware Corporation Arch Insurance Company Name of Principal (Applicant)
By:

Mailing Address:
2280 Wardlow Circle, Ste. 100
Address of Principal
Corona, CA 92880
Name of Surety Company
By: 24 a Margar A. Ginem, Attorney in Fact
By:

By:

Harborside 3, 210 Hudson Street, #300
Address of Surety Company
Jersey City, NJ 07311-1107 City,
City, State Zip Code State Zip Code

ABOVE-SIGNATORIES MUST BE NOTARIZED
APPROVED AS TO FORM:

Chuck Buquet, Risk Manager
CCP:ccp
/shared/Development/Projects/SuretyRecovery/Forms/FPBond.Blank.101211 do Willis of Florida, Inc.
4211 W. Boy Scout Blvd., Ste. 1000
Tampa, FL 33607
Inquiries: (813) 281-2095
Senate Bill 1050, amends Sections 1189 and 1195 of the Civil Code and Section 8202 of the Government Code, relating to notaries public. The below physical format of the new disclosure notice is an example, for purposes of illustration.

State of California •
County of - Rif (fsg I)
On ()A 10 1 ao 11 before me, qa/A /Lab' Uwixii,10 4 (here insert name and tile of officer), personally appeared - 7 -(04 ViA14 L , who proved to me on the basis of satisfactory evidence to be the person( K whose name(k) is/ e subscribed to the within instrument and acknowledged to me that he/s1'0*y executed the same in his r/tKir authorized capacity(i , and that by his/hethgr signaturqf on the instrument the personrk; or the entity upon behalf of which the person 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.
(11/1 k-CUt tatICHg.A

MEGAN KAY VVHIELDON
COMM. #2168380 el
NOTARY PUBUC • CALIFORNIA Z-1
Ev4..y.sey.vvv...v4 rp. OCT. 16, 202ORIVERSIDE COUNTY -1

Signature (Seal)

ACKNOWLEDGEMENT BY SURETY

STATE OF FLORIDA
COUNTY OF HILLSBOROUGH J Ss.

In witness whereof, I have signed and affixed my official seal on the date in this certificate first above .written.

Signature
Anett Cardinale
,s,$•K•ri:14, ANETT CARDINALE
Commission # FF 138482
id Expires July 28, 2018
Bonded Buy Troy Fain Insurance 800-385.7019 • Rt ,
This area for Official Notarial Seal
A1111111111 111 1 1'1 11 IMILRWan& -fay These Presents
pointgR OF ATTORNEY
Hi
,1111,t11111111111Itit 1 11„ t„ tt
Printed in U.S.A.
- AIC 0000215550
,
I 1 ,11 I I II I tr rt
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON BLUE BACKGROUND. ni1111111 111i1 111111, . 111111
Th - iPoWer Attorney limits theactif : tftsamediherein, and they hovel no au ho Ilk rny to bind the Conlizatjy,;ex -ceA .inith -- iii - manneMmtffo the extent herds -- f -aleVA liffEtEWrd for - Mortgage, NOta)1111t-61alr ilLede0111OCredit, Bank DepdgitalirtenclaUfew Itiferest Rate or Residential Value-Gliarantees.
11 That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal administrative office in Jersey City, New Jersey (hereinafter referred to as the "Company") does hereby appoint:

Wett-eardiria1131andy Baich, Da0111 leerrOVIRard and MargareA bfriem oThha L (EACH) 11!I1 11111 1 4H i 1111,1 11111111111!II 1111!'11 ,11111111,11! 1 1111 its true and lawful Attorney(s)in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed:
— Aiswal IFirb ( - 14„ undertakings, recognizanceS 1 bd other surety Ili - tiexceeding ---- IfteMilillitYnADdliars ($90,000,000i00 0100I 00
" ,1111,11111101111, 11„ho ____ _
This authority does not permit the same obligation to be split into two or mor e e - 6onds In order to bring each such bond - within the dollar limit of authority as set forth herein.

The exenutiorbf such bonds, undertaks, Dizalmes and other surety obirtlons1 pismence of these presents_shal6b&es 101[31 ,14 1 It .1t
uT•OnM Etisaid Companys - fulM a - m7plylWall intents and ll purpo es; as iii 11 th same had beenAifilaexectkTd atknoWleXIgeVbyffs regularly elet-cE rdficersitsv - difciMadministrative l _ ewiJersey. R11119 t )(111 1N 1111'f fhl i11 19,1rid1 in 11 1,10 This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on September 15, 2011, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary_as being in full force and effect:
,o reglj -1 -- fhairman of the, o r, _i& resi r the Executiv/iMFMsittentparny1Senior Vice President at,thesSuMf _ _ BiTein"deavition, - br their appoirit000flOobriated in Writing and filed withAmSeW -reta - r , voMe "Secretary shall itielth,power , ndz -- - authority to appoint agents and attorneys-in-fact, and to authorize them subject to the limitations set forth in their respective powers of attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, recognizances and other surety obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of VOTED, That the signature of the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Stiretp - Business Division, or their appointees designated in writing and filed-with tfie-Secretary, and the signature of the _rafaMtiEseal of the Companycabdterti fratlons I lhe Secretary, rnArtfe dffixlibOaddimile on any power nrettoFney:cir — _ orM, IN11111 W)111L11'
—execUlt_th-p—ursuato
bond
the resolution mom° y the uoa d of Directors -I Wm I a " 76 1 1 1 M n d any such-ddwer eacut sea ed andc — drtified with respect t 1(XWehi bohd 6i-"tindertaking to which it Istisch - ell, gifeildolltinue to be valid ani-oiricIrt urrfn the Company.
_ _ — precesq - - -- ---- — ,1! 11111[14111'111111111111 1 I H I, ,11 11111111J 1111111 11, 11 111 11111 11 -r, 1 1;:,11,4 ;1 Jq •11[11, • ---- Power of-At orney is signe edfecWnMedTh - M-- -- b —y=4 -acsimile unde.H 111 ,b41 !II , b ,l,„ y i li 1 „r1 y, i , e 111f8 !lowing resolatorffa itet142 .tafie — unnimous consent of the Board of Direct -Ors of the Company on September 15, 2011:
.11111111111,hlroil „,1,11 1111111 1111 11 111!Iii, ,11 1 ' ii p
4111
00ML0013 00 03 03 Page 1 of 2
I i I
11t1111 11111111111111Itt 11 t t 11'1111111111
AIC 0000215550
In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 27 th day of April, 2017.

Attested and Certified Arch Insurance Company
Patrick K. Nails, Secretary

STATE OF PENNSYLVANIA SS

COUNTY OF PHILADELPHIA SS
David M. Finkelstein, Executive Vice President
I, Helen Szafran, a Notary Public, do hereby certify that Patrick K. Nails and David M. Finkelstein personally known to me to be the same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. ECIMMQNWEALIN Or PENNSYLVANIA NOTARIALBEM.

HELEN =FRAN, Notary Pdlic
City of Pbblelphia, Phila. County
My Commission Expires October 3, 2017
elen Szafran, tary2bli
My commission expires 10/03/2017

IN 1•5'; IMONY WHERE F, have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this day of , .

PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS:

Arch Insurance — Surety Division
3 Parkway, Suite 1500
Philadelphia, PA 19102
00ML0013 00 03 03 Page 2 of 2 Printed in U.S.A.
elen Szafran, Nótary i ,ubli
My commission expires 10/03/2017
1164-7Lie
AIC 0000215550
In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 27 th day of April, 2017.

Attested and Certified
Arch Insurance Company
Patrick K. Nails, Secretary

STATE OF PENNSYLVANIA SS

COUNTY OF PHILADELPHIA SS
I, Helen Szafran, a Notary Public, do hereby certify that Patrick K. Nails and David M. Finkelstein personally known to me to be the same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth.

IN TEMIMONY WHERE F, have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this day of (S_ , 2l 1.
e ttiVel Patrick K. Nails, Secretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated.

PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS:

Arch Insurance — Surety Division
3 Parkway, Suite 1500
Philadelphia, PA 19102
COMMONWEAL:Tr Of PENNSYWANIA

NOTAMALEEAL
HELEN $7.AFRAN, NotayPublic
CitycfMadelpila,Pili&Couety
Priyeaerission Expires October 3. 2017
00ML0013 00 03 03 Page 2 of 2 Printed in U.S.A.

Issued in Duplicate

PUBLIC IMPROVEMENTS LABOR AND MATERIALS BOND
(To Be Used With Subdivision Improvement Agreement or Construction/Excavation Permit) Tract/Case No.: Tract 14751
S Bond No.: U1147451
Prem i um: Included in Performance Bond
WHEREAS, the City Council of the City of Victorville, County of San Bernardino, State of Californiaand_ WesternPad& Hou4ng, Inc. a Delaware Corporntion (herematte'r 'Hnncipal") 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 Oct. , 20 17 , and identified as Tract/Case No.: Tract 14751 for Sewer Improvements , is hereby referred to and made a part hereof; and,
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 15 (commencing with Section 3082), Part 4, Division 3, of the Civil Code of the State of California.

Arch Insurance Company
NOW THEREFORE, said Principal and
, 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, men and other persons employed in the performance of the aforesaid Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Twenty seven thousand eight hundred eighty five dollars and 00/100 dollars, ($ 27,885.00 ), 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.

Should the condition of this bond be fully performed, then this obligation shall Marg t A. Ginem, Attorney in Fact
By:

By:

Public Improvements
Labor & Materials Bond
Tract/Case Tr.14751
No.: Bond No.: SU114/451
become null and void, otherwise, it shall be and remain in full force and effect.

IN WITNESS WHEREOF, this instrument has been duly executed by the 9 Oc t o b e r Principal and Surety above named, on , 20 17 Western Pacific Housing, Inc. , a Delaware Corporation Name of Principal (Applicant)
By:

By:

Mailing Address:
2280 Wardlow Circle, Ste. 100
Address of Principal
Corona, CA 92880
Arch Insurance Company
Name of Surety Company
Harborside 3, 210 Hudson Street, #300
Address of Surety
Jersey City, NJ 07311-1107
City, State Zip Code

ABOVE-SIGNATORIES MUST BE NOTARIZED
APPROVED AS TO FORM:

Chuck Buquet, Risk Manager
Z ity Attorney

CCP:ccp
/shared/Development/Projects/SuretyRecovery/Forms/L&MBond.Blank.101211 c/o Willis of Florida, Inc.
4211 W. Boy Scout Blvd., Ste. 1000
Tampa, FL 33607
Inquiries: (813) 281-2095
WITNESS , my hand -arieLoffidiat seal.

SiatiatUre QLI . Kut littiddak .

Seticite.13ill 1050,, amends• SeCtion8 1180 and 1195 of the Ciyil Code and Section 82 202 Of 'the Government Code, relating to notaries. ptibliO. The below - phySical format of the new disclosure notjce;i's-a.n examPle for ptuposes of illustration.

A notary public or other officer,donipieting 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 dociiment.
.State of California •
County. of ..-- V al (.1.j
On CC"- . i() e)t G I / befOre Me, ilkoam k-u 4 IA 4 r e Ido l (here insert name and.titl Of officer), personally appeared 'TOM , who proved to Me OrythebaSis Of satisfactory evidence to be the person( )6 Whose, name( is/ e subscribed to:
the within instrument and .acknowledged to 'me' that he/stte/tIKY executed the same in his/Itr/kir authorized capacity(i0), and that ; by: .hisilki/tpiir signatnreS On the instrument the, person ,, or the entity' upon. behalf Of which the person acted; executed the instilment. „ I certify under PENALTY OF PERJURY under the laws of the State, of California that the foregoing paragraph - is true and correct,
(Seal)

MEGAN KAY VVHIELDON
COMM. #2168380
NOTARY PUBUC • CAUFORNIA 5
RIVERSIDE COUNTY - ociymmo1
AgiiN ANETT CARDINALE s4: „t• • •e-os
i Commission #.FF 138482
Expires July 28, 2018 V; R eye? Bonded Thru Troy Fain Insurance 800-385-7019 This area for Official Notarial Seal

ACKNOWLEDGEMENT BY SURETY

STATE OF FLORIDA
COUNTY OF HILLSBOROUGH J SS.

Onthis 9 th day of October, 2017 before me, personally came Margaret A. Ginem, who is personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within Instrument as Attorney-In-Fact on behalf of Arch Insurance Company, and acknowledged to me that he/she executed the within instrument on behalf of said surety company and was duly authorized to do.

In witness whereof, I have signed and affixed my official seal on the date in this certificate first above written.

Signature
Anett Cardinale
7 -=
--
AIC 0000215549
00ML0013 00 03 03
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON BLUE BACKGROUND. — HE H HuHH HL
— nroPoulter of Attorney limits thwactof tliroseznainWffierein, and they have no authority to bind the ComRagyegrceptinlh= — mantidridab tlfe extent herelftfatettr- -- Arstavalltli for - Mortgage, Note010datA 14-eiie lelalleredit, Bank Depitirrenc - ORRcr Interest Rate or Residential Value Guarantees.
„p„pittegR OF ATTORNEY_
These

P resen t s:

That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal administrative office in Jersey City, New Jersey (hereinafter referred to as the "Company") does hereby appoint:
-ardiriald, Brandy Baich,DaN -.12k leMe- -AW_ard and Margaref , , (EACH) its true and lawful Attorney(s)in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed:
alib=1.1da undertakings, recognizances,and other surety obligations_ t firOWenal - stm rotexceeding =1Wle -WMiElkTrdDeil ($90,000,000FO0PIIIII1 !!!!!!!rrl This authority does not permit the same obligation to be split into two or more bonds In order to bring each such bond within the dollar limit of authority as set forth herein.
-= •_-__-_alowlerl_geWaritt regularly elet-WdzWfice_rsits - ViificiWadministrativ -- binding upOrfflheXsaid CompanyuW - aaomi otioply=all intents andllIpurposes r s kii6n!6ame had beenElpe;wcated Arr(M --- e III911WF 119!1'1 rsey ffilOity NeW 'Jersey. —
il pnce of these presentshie.as
b Np t I R,I Y The exemitiorr-of such bonds, uhdertakis, recoglizarittes and other suretv Ir R9
I rl
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on September 15, 2011, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretar_y_ as being in full force and effect:
of th rc1'1. r the Vice President
BITsiriess-DinionTor their appointees designated in writing and filed witMit=SretaryTorthe Secretary shall have-th&powr art ) hY=hairman e bioaliI 11v ie President; lo Executiv07iPresrU -entad -rn y7--Senior ,- authority to appoint agents and attorneys-in-fact, and to authorize them subject to the limitations set forth in their respective powers of attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, recognizances and other surety obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of_ - prioceS =t
T orney is signecedrdcWn M-effiffebrfacsimile under OhdlIlIbyiI =orgy b efollowing resordloniadtpecO_Ohw J II, 01 ,WH, ..h unanimous consent of the Board of DWctors of the Company on September 15, 2011:

VOTED, That the signature of the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of_the—gurety4trtsiness Division, or their appointees designated in writing and filed-with thSecretary, and the signature-of the S, --ftradryMeal. of the CompahvItcl ificatloos bylthe Secretary mAy -7 - affixelitbffacIirriile on any power 4% - atto -rney-w bond 'mqr 1101m1r lg
— twectit -e - d-Wmart --Eto the resolut on d Ote dony he Board of Directors urr WM - 13 - *Ia_ 21FI'WAnd any such power so - e -k -d -cute_ ahd ortifled with respect fd ll!* bond or Undertaking to which it rs - tWct -M, Shall - continue to be valid anNflindliTg upon thd Company.
[11 , 11 ' 4'1 11!11)
'11hIldhll.:1.

Page 1 of 2 ends

1,11 ,111111111!!! [1111111
III!
Printed in U.S.A.

Attested and Certified
Patrick K. Nails, Secretary

STATE OF PENNSYLVANIA SS

COUNTY OF PHILADELPHIA SS
Arch Insurance Company
—1
stein, Executive Vice President
AIC 0000215549
In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 27 th day of April, 2017.

NOTARK SEAL
HELEN SZAFRAN, NotyPithk
City of Philaielphia, Phlta, County
My Comnission Expiros October 3, 2017
t elen Szafran, tary2bli
My commission expires 10/03/2017

IN TE onMONY W R OF, I hav herepato.,subscribed my name and affixed the corporate seal of the Arch Insurance Company on this day of , 20 k / .

PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS:

Arch Insurance — Surety Division
3 Parkway, Suite 1500
Philadelphia, PA 19102
00ML0013 00 03 03 Page 2 of 2 Printed in U.S.A.

Attested and Certified
Patrick K. Nails, Secretary

STATE OF PENNSYLVANIA SS

COUNTY OF PHILADELPHIA SS
Arch Insurance Company
stein, Executive Vice President
AIC 0000215549
In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 27 th day of April, 2017.

NDTARKL. SEAL
HELEN SZAFRAN„ Notay Public
Cy1Pblia1&phia PhDs, County
Comnisslon Expires October 3, 2017 t i k t—/N—/
elen Szafran, taryubli
My commission expires 10/03/2017

CERTIFICATION

I, Patrick K. Nails, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated April 27, 2017 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said David M. Finkelstein, who executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly elected Executive Vice President of the Arch Insurance Company.

IN TEgIMONY WT .... Fpl, I hay herepratio,subscribed my name and affixed the corporate seal of the Arch Insurance Company on this —\ day of
Patrick K. Nails, Secretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated.

PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS:

Arch Insurance — Surety Division
3 Parkway, Suite 1500
Philadelphia, PA 19102
COMMONWEAL-3r Oft PENNSII-VANIA
00ML0013 00 03 03 Page 2 of 2 Printed in U.S.A.

ISSUED IN DUPLICATE

MONUMENTATION PERFORMANCE BOND
(To Be Used With Subdivision Improvement Agreement)
"Silverstone"
Tract/Case No.: Tr. 14751
Bond No.: SU1146040
Premium: $100.00
Western Pacific Housing, Inc.,
LET IT BE KNOWN BY THESE PRESENT, that a Delaware Corporation as the subdivider (hereinafter "Principal"), and Arch Insurance Company , doing business under and by virtue of the laws of the State of California and duly licensed to conduct a general surety business in the State of California, as surety, (hereinafter "Surety"), are held and firmly bound unto the City of Victorville, a municipal corporation (hereinafter "City"), in the County of San Bernardino, State of California, and to and for the benefit of any and all persons who may suffer damage by reason of the breach of the conditions hereof, in the penal sum of Thirty thousand nine hundred ten dollars & 00/100 dollars ($ 30,910.00 ) lawful money of the United States, to be paid to City.

WHEREAS, Principal is presently engaged in subdividing certain lands to be known as Tract Map/Parcel Map/Case No. Tr. 14751 located at Bear Valley Road and Pena Road 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 Map/Case No. Tr. 14751 , 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 PHB & Associates, 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, otherwise to be and remain in full force and effect.

CCP:ccp
/shared/Development/Projects/SuretyRecovery/Forms/M on umentationBond.Blank.101311 C MX ity Attorney
Monumentation Performance Bond
Tract/Case No.: Tr. 14751
Bond No.: SU1146040
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.

By: By: N/A
Mailing Address:
2280 Wardlow Cir., Ste 100 Harborside 3, 210 Hudson St., Ste. 300 Address of Principal
Address of Surety Company
Arch Insurance Company
N/A
Corona, CA 92880
Jersey City, NJ 07311-1107
City, State Zip Code City, State Zip Code
do Willis of Florida, Inc.

ABOVE-SIGNATORIES MUST BE NOTARIZED 211 W. Boy Scout Blvd., Ste. 1000 Tampa, FL 33607
Inquiries: (813) 281-2095
APPROVED AS TO FORM:

Chuck Buquet, Risk Manager
CCP:ccp
/shared/Development/Projects/SuretyRecovery/Forms/MonumentationBond.Blank.101311 WITNESS my hand and official seal.
kddr-A Signature "(Seal)
Senate. Bill 1050, amends Sections 1189 and 11 . 95.of the Civil Code and Section 8202 of the Government Code, relating to notaries public. The below physical format of the new disclosure notice is an example, for purposes of illustration.

A notary public or other officer completing this
certificate verifies only the identity of the •
individual Who 'signed the dotument to which this
certificate is attached, and not the truthfulness,
aecuracy, or validity of that dOcum'ent.

State of Calif,ornia .

County of k<N011(.,10
On CO . I 0 1 .49 11 before me, i f A &Ik&wi LU1 CidC 0 (here insert name and title of officer), personally appeared a 414j.. , who proved to me on the basis of satisfactory evidence to be the person( whose name) is/4e subscribed to the within instrument and acknowledged to me that he/s ithily executed the same in his/hAf/tWr authorized capacity(46, and that by his/hif4ir signature on the instrument the person(p, or the entity upon behalf of which the person( 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
MEGAN KAY 1NFIIELDON
Comm. # 2168380 E
NOTARY PUBLIC • CALIFORNIA
RIVERSIDE COUNTY -9 Comm. Exp. OCT. 16, 2020

ACKNOWLEDGEMENT BY SURETY

STATE OF FLORIDA
COUNTY OF HILLSBOROUGH J SS.

On this 9I day of October, 2017 before me, personally came Margaret A. Ginem, who is personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within Instrument as Attorney-In-Fact on behalf of Arch Insurance Company, and acknowledged to me that he/she executed the within instrument on behalf of said surety company and was duly authorized to do.

In witness whereof, I have signed and affixed my official seal on the date in this certificate first above written.

Signature

4144/vitiiCA 7 1 @ajwi
rianella Barnola

MARIANELLA BARNOLA
47 . Commission # FF 947761
Expires May 5, 2020 c‘... • ..„7. ," , Bonded Thiu Troy Fein Mune 800-385-7019 This area for Official Notarial Seal
,-- -In.Wt1L —Pseff21 — nly These Presents,: 11
POWER OF ATTORNEY 111 111Q
I b
IL
!I lik1111 , 11111111111111111 11, ' , 111111111,111'
The executiortof__such bonds, undertakirags, recogpizances and other surety obligations in pursuance of these presents-shalas — Mhdirtw upOrathe - ssaidCompamaulyia -M a - ADIXttfEall intents an0, 10080N ' I lfIMLIJOerne had beenAWaxecatdd _
JerseyCi ! .,'Nei !At Jersey.

This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company !IDffi 111 61,111111111:I ih -acknowledTed:' - bTft regularly electedMilsersmtitwNciMadministrative on September 15, 2011, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect:
, 1
lig hiiilh d loi 1 _. _ . _--- = -.— . . ---, OM) MtheXhairman of 41 I B r , ! he resi n i ,' r the ExecutiveRimPresEbinten enior Vice Presiaerit, oflhe Surety- _ 'EMinesDivrsion — o, r their appointeekOesibnated in !Writing and filed witRtheerefaly_ rthe Sbcretary shall haVetthe4oWemnd authority to appoint agents and attorneys-in-fact, and to authorize them subject to the limitations set forth in their respective powers of attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, recognizances and other surety obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of _ procest s - =I -
1WII III ! I ' I I I r .1! HilIll HI i,
in _wer - AttYmey is signe -cVseAEcE4nckeentrff0YbOacsimile under and by ,aut on t ' of the following resoltffierwa et1Whe-- — ullanimous consent of the Board of Directs of the Company on September 15, 2011:
!!1

Page 1 of 2 ends

_
S - =
s_ _
00ML0013 00 03 03
=
3 , 111 1,1,11111111'1, 1 '11111' ,111
, II
1,1111,
I ' '11 '1111 III, ,1111 11' -=-

- -
AIC 0000215518
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON BLUE BACKGROUND. -
I'll I 1, 111 ,I11,
we — r _W Attorney limits the--a - of tftseEna_me erem, and they have no la — -1th " Ito bind the Cornpanpexze irrfhe- -- - -manner_s -pncM‘o tire extent herein -Is - Ma:L -1 RotsNaWci f lortgage, NO6Jhp101 ,41 Letter of Bank DepW1X--iirMnty ---10ters — !Merest Rate or Residential Value - GFmrantees.

That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal administrative office in Jersey City, New Jersey (hereinafter referred to as the "Company") does hereby appoint:
1 , i 1 , Ili ,L 1d 11 1,14111L
=_ _ _ _ ett-ardinale, Brandy Baich,DaviVIR 0_,Infleerf ,Mlard and Margaret 6"1 11, 1 0t I ,1 , 1 1 !! 1, III a. 0 11 III II1111,1111,1I,
p 1,1r- i t (EACH)
its true and lawful Attorney(s)in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed:
---
Any artVal6bcalt, undertakings, rew i anceselo, surety obligations,jmtheverfalim exceeding NttneWililltrirMicitars ($90,000,00d0 II II! II ,
— ,
, dIhj ii hi hi ,1
This authority does not permit the same obligation to be split into two or more - bends In order to bring each such bond within the dollar limit of authority as set forth herein.

VOTED, That the signature of the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the_uretyAlusiness Division, or their appointees designated in writing and filedswith theecretary, and the signature of the WcreMryeEs10 -01 of the Compazar ettifications! by the Secretary, ma --- d_faxakbN iMOYM,e on any powerrittorney or bddd liii
—s= 1 i i11,111 ,1g!I ii !Ito , JIII6. --- Mc1 2— Mt the f Directors -- - _c dØ o e reso u 1 1 o ! y , o LT_ _ _ ii1 1 0 11 Ige2' l d 0 : Wpf —emt -Te -r.1= 01 .= '=nd any such power ar - e - xe - ctired -,- - ,- _ sMed - and certified with respect to any bond or undertaking to which it ish - e -TI, ShaIrcentinue to be valid arienindirA uponibe — Company.

AIC 0000215518
In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 27 th day of April 2017.

Attested and Certified Arch Insurance Company
Patrick K. Nails, Secretary

STATE OF PENNSYLVANIA SS

NOTAML SEAL
HELEN SZAFRAN, Notay Public
City of Intadelphla, Phil& County
Conrission Expires Octrber 3, 2017 ite , L7J 4 c / (A ` .—/ elen Szafran, tary i ,ubli My commission expires 10/03/2017

CERTIFICATION

IN TESTIMONY WHWtEgrj o have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this 'law day of (11(it-C4_ , 20 / .
4Aiel
Patrick K. Nails, Secretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated.

PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS:

Arch Insurance — Surety Division
3 Parkway, Suite 1500
Philadelphia, PA 19102
00ML0013 00 03 03 Page 2 of 2 Printed in U.S.A.

AIC 0000215518
In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 27 th day of April, 2017.

Attested and Certified Arch Insurance Company
Daiird M. hinice stein, Executive Vice President Patrick K. Nails, Secretary

STATE OF PENNSYLVANIA SS

COUNTY OF PHILADELPHIA SS
I, Helen Szafran, a Notary Public, do hereby certify that Patrick K. Nails and David M. Finkelstein personally known to me to be the same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument is the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. IMMONWEALIN op PENNSYLVANIA NOTARtAt. SEAL
HELEN SZAFRAN. Notary Public
City of Philadelphia, Phlta. County
*emission Expires October 3. 2017

CERTIFICATION
Helen Szafran, Notary%li
My commission expires 10/03/2017
I, Patrick K. Nails, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated April 27, 2017 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said David M. Finkelstein, who executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly elected Executive Vice President of the Arch Insurance Company.

IN TE§TINONY WH-REcliFj / have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this 1 au day of VCAZ -V - C. , (_ , 20 I 7.
4 / tiel
Patrick K. Nails, Secretary
This Power of Attorney limits the acts of th6se named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated.

PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS:

Arch Insurance — Surety Division
3 Parkway, Suite 1500
Philadelphia, PA 19102
00ML0013 00 03 03 Page 2 of 2 Printed in U.S.A.

Item Number: 10
City Council / Board of Directors
Consent Calendar
Meeting of: December 19, 2023
Submitted By:

Sophie Smith, Deputy City Manager/City Treasurer
Carmen Cun, Assistant Finance Director

Subject:

Payroll Warrant List
Recommendation:

That the City Council and Board of Directors ratify Payroll Demand Schedule No. 4B for Payroll Period October 13, 2023, through October 27, 2023, in the amount of $2,110,782.47 covering Check Nos. 33699 through 33729, including Vendor checks.

Please note employee Check No. 33706 has a live Check and an EFT Advice. Also included are Advice Nos. 306156 through 306736, per adopted budget for Fiscal Year 2023-2024 (period covering July 1, 2023, through June 30, 2024).

Fiscal Impact:

A total fiscal impact of $2,110,782.47 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 102723
Attachment A
Payroll Report PPE 102723
City of Victorville Council Payroll Report Page 1 of 16 11/03/2023 Total Net
3819 $42.05
3821 $1,165.06
3297 $754.67
3466 $783.95
3825 $1,859.17
3826 $2,165.36
3819 $2,951.31
2705 $1,497.72
3816 $2,499.23
3827 $3,366.41
3689 $2,020.46
2626 $1,691.78
3765 $162.52
3664 $340.53
3776 $402.44
3822 $896.88
3824 $1,165.06
3823 $1,165.06
3820 $4,265.44
3832 $2,730.91
3828 $2,220.73
3833 $2,132.91
3834 $1,704.54
3829 $2,707.72
3830 $2,444.25
3831 $2,533.85
240 $5.00
1182 $350.00
13491 $422.31
18154 $175.00
20821 $423.00
47,045.32
11/03/2023
11/03/2023
11/03/2023
33723
33727
11/03/2023
11/03/202333724
33726
33729
Checks Total
11/03/2023
11/03/2023
11/03/2023
11/03/2023
11/03/2023
11/03/2023
11/03/202333728
33713 11/03/2023
33725 11/03/2023
33714
33715
33716
33717
33718
33719
33720
33721
33722
11/03/2023
11/03/2023
11/03/2023
33711 11/03/2023
33712 11/03/2023
33709 11/03/2023
33710 11/03/2023
33707 11/03/2023
33708 11/03/2023
33705 11/03/2023
33706 11/03/2023
33703 11/03/2023
33704 11/03/2023
33701 11/03/2023
33702 11/03/2023
11/03/202333700
Checks
Payroll Period Beginning: October 13, 2023 through Octoberber 27, 2023 City of Victorville
City Council Payroll Report
Check Number Employee ID Check Date
33699 10/27/2023
City of Victorville Council Payroll Report Page 2 of 16 09/22/2023 Check Number Employee ID Check Date Total Net
33706 2705 11/03/2023 $2,000.00
306156 3392 10/26/2023 $4,022.42
306157 3772 10/26/2023 $104.48
306158 3467 10/27/2023 $107.82
306159 1903 10/27/2023 $339.87
306160 3527 10/27/2023 $599.76
306161 2233 10/27/2023 $782.58
306162 2235 10/27/2023 $170.27
306163 3754 10/27/2023 $176.04
306164 3499 10/27/2023 $447.60
306165 2254 10/27/2023 $563.13
306166 3618 10/27/2023 $404.90
306167 3482 10/27/2023 $330.69
306168 3354 10/27/2023 $498.28
306169 2379 10/27/2023 $873.67
306170 3634 10/27/2023 $211.19
306171 3379 10/27/2023 $611.00
306172 3694 10/27/2023 $493.96
306173 3474 10/27/2023 $227.74
306174 3490 10/27/2023 $285.86
306175 3475 10/27/2023 $741.44
306176 2181 10/27/2023 $314.22
306177 3353 10/27/2023 $84.48
306178 3542 10/27/2023 $508.74
306179 3731 10/27/2023 $706.62
306180 1955 10/27/2023 $468.53
306181 3736 10/27/2023 $1,207.67
306182 3732 10/27/2023 $1,072.69
306183 3808 10/27/2023 $202.03
306184 3195 10/27/2023 $1,029.82
306185 1520 10/27/2023 $116.87
306186 2377 10/27/2023 $111.59
306187 2312 10/27/2023 $391.29
306188 2111 10/27/2023 $301.46
306189 1655 10/27/2023 $1,633.14
306190 3285 10/27/2023 $698.19
306191 3273 10/27/2023 $337.17
306192 3537 10/27/2023 $317.13
306193 3191 10/27/2023 $464.62
306194 2228 10/27/2023 $379.30
306195 3726 10/27/2023 $41.25
306196 3509 10/27/2023 $118.97
306197 3226 10/27/2023 $603.62
306198 3257 10/27/2023 $126.72
Advices
City of Victorville Council Payroll Report Page 3 of 16 09/22/2023 Check Number Employee ID Check Date Total Net
Advices
306199 1865 10/27/2023 $211.74
306200 1513 10/27/2023 $449.53
306201 3341 10/27/2023 $315.11
306202 2489 10/27/2023 $928.75
306203 3733 10/27/2023 $205.59
306204 3361 10/27/2023 $217.31
306205 3536 10/27/2023 $813.37
306206 3804 10/27/2023 $327.82
306207 2229 10/27/2023 $118.76
306208 3671 10/27/2023 $80.57
306209 2279 10/27/2023 $644.02
306210 3709 10/27/2023 $166.32
306211 2637 10/27/2023 $117.16
306212 3110 10/27/2023 $786.46
306213 2612 10/27/2023 $347.17
306214 3698 10/27/2023 $1,042.00
306215 3705 10/27/2023 $641.82
306216 3331 10/27/2023 $88.77
306217 3231 10/27/2023 $118.59
306218 2630 10/27/2023 $298.71
306219 3182 10/27/2023 $195.04
306220 2683 10/27/2023 $286.44
306221 2753 10/27/2023 $1,561.10
306222 3322 10/27/2023 $803.30
306223 1931 10/27/2023 $1,238.40
306224 3035 10/27/2023 $62.39
306225 2355 10/27/2023 $235.31
306226 3807 10/27/2023 $211.19
306227 3512 10/27/2023 $579.13
306228 2027 10/27/2023 $253.43
306229 3121 11/01/2023 $5,191.92
306230 3608 11/03/2023 $3,018.98
306231 1099 11/03/2023 $846.20
306232 3758 11/03/2023 $3,274.76
306233 3243 11/03/2023 $4,113.26
306234 2115 11/03/2023 $5,494.17
306235 3142 11/03/2023 $1,761.60
306236 3640 11/03/2023 $1,843.57
306237 3551 11/03/2023 $674.28
306238 3458 11/03/2023 $545.04
306239 3229 11/03/2023 $4,477.39
306240 3283 11/03/2023 $2,762.38
306241 1064 11/03/2023 $7,572.97
306242 3809 11/03/2023 $1,748.16
306243 3467 11/03/2023 $2,067.40
306244 3727 11/03/2023 $2,159.42
City of Victorville Council Payroll Report Page 4 of 16 09/22/2023 Check Number Employee ID Check Date Total Net
Advices
306245 1706 11/03/2023 $4,525.78
306246 2395 11/03/2023 $3,645.18
306247 3764 11/03/2023 $2,402.97
306248 2210 11/03/2023 $5,003.28
306249 3700 11/03/2023 $2,318.64
306250 3747 11/03/2023 $1,930.61
306251 3625 11/03/2023 $1,496.29
306252 2624 11/03/2023 $2,953.78
306253 3043 11/03/2023 $2,163.60
306254 3403 11/03/2023 $3,059.64
306255 1748 11/03/2023 $2,674.35
306256 3817 11/03/2023 $1,992.15
306257 3019 11/03/2023 $4,604.57
306258 3638 11/03/2023 $3,665.11
306259 3561 11/03/2023 $2,501.70
306260 1903 11/03/2023 $1,925.56
306261 3630 11/03/2023 $1,873.82
306262 3527 11/03/2023 $1,924.97
306263 2682 11/03/2023 $2,259.53
306264 2627 11/03/2023 $2,154.97
306265 2366 11/03/2023 $1,859.50
306266 3750 11/03/2023 $2,112.24
306267 2594 11/03/2023 $3,080.25
306268 3521 11/03/2023 $2,412.08
306269 3695 11/03/2023 $2,106.99
306270 2093 11/03/2023 $1,533.96
306271 3697 11/03/2023 $4,986.60
306272 1973 11/03/2023 $3,226.45
306273 2019 11/03/2023 $3,278.92
306274 3753 11/03/2023 $2,314.25
306275 3494 11/03/2023 $2,914.54
306276 2102 11/03/2023 $3,038.61
306277 2233 11/03/2023 $5,289.41
306278 3744 11/03/2023 $1,873.01
306279 2606 11/03/2023 $2,313.40
306280 3660 11/03/2023 $2,262.66
306281 3046 11/03/2023 $2,275.73
306282 1635 11/03/2023 $4,108.96
306283 3653 11/03/2023 $2,342.05
306284 3327 11/03/2023 $2,232.36
306285 3752 11/03/2023 $2,076.08
306286 3242 11/03/2023 $2,992.28
306287 2618 11/03/2023 $2,220.54
306288 3573 11/03/2023 $1,731.73
306289 2619 11/03/2023 $2,409.07
306290 2603 11/03/2023 $1,829.07
City of Victorville Council Payroll Report Page 5 of 16 09/22/2023 Check Number Employee ID Check Date Total Net
Advices
306291 2491 11/03/2023 $2,324.73
306292 2235 11/03/2023 $4,235.54
306293 2300 11/03/2023 $3,450.36
306294 3754 11/03/2023 $2,435.10
306295 2032 11/03/2023 $3,425.96
306296 3045 11/03/2023 $3,741.62
306297 3499 11/03/2023 $2,778.86
306298 3755 11/03/2023 $1,929.37
306299 3362 11/03/2023 $2,193.98
306300 2297 11/03/2023 $2,056.23
306301 2232 11/03/2023 $2,968.40
306302 1957 11/03/2023 $2,747.62
306303 3290 11/03/2023 $2,167.65
306304 3246 11/03/2023 $3,199.10
306305 2042 11/03/2023 $4,233.41
306306 3714 11/03/2023 $1,734.91
306307 3742 11/03/2023 $1,721.31
306308 2323 11/03/2023 $3,390.70
306309 1767 11/03/2023 $2,818.40
306310 3508 11/03/2023 $2,250.19
306311 3740 11/03/2023 $1,801.61
306312 2225 11/03/2023 $4,214.84
306313 3544 11/03/2023 $2,061.65
306314 3221 11/03/2023 $2,174.33
306315 3627 11/03/2023 $2,890.42
306316 3757 11/03/2023 $3,376.23
306317 1533 11/03/2023 $2,473.27
306318 2833 11/03/2023 $2,232.98
306319 2211 11/03/2023 $5,239.83
306320 3497 11/03/2023 $1,564.02
306321 1426 11/03/2023 $1,110.30
306322 3105 11/03/2023 $1,954.18
306323 3703 11/03/2023 $2,306.47
306324 2254 11/03/2023 $3,132.96
306325 3618 11/03/2023 $2,302.10
306326 3482 11/03/2023 $2,485.20
306327 3724 11/03/2023 $1,165.06
306328 3354 11/03/2023 $3,672.60
306329 3011 11/03/2023 $1,869.61
306330 3295 11/03/2023 $1,834.90
306331 3400 11/03/2023 $2,597.33
306332 3184 11/03/2023 $3,512.53
306333 3547 11/03/2023 $1,165.06
306334 3673 11/03/2023 $1,165.06
306335 3288 11/03/2023 $1,687.43
306336 3702 11/03/2023 $2,015.20
City of Victorville Council Payroll Report Page 6 of 16 09/22/2023 Check Number Employee ID Check Date Total Net
Advices
306337 2742 11/03/2023 $2,840.16
306338 3089 11/03/2023 $3,021.27
306339 3641 11/03/2023 $1,707.77
306340 2379 11/03/2023 $2,186.65
306341 3672 11/03/2023 $1,165.06
306342 3634 11/03/2023 $2,706.90
306343 2711 11/03/2023 $1,723.81
306344 3639 11/03/2023 $1,578.82
306345 3586 11/03/2023 $1,850.60
306346 3190 11/03/2023 $2,711.43
306347 2249 11/03/2023 $5,260.59
306348 3650 11/03/2023 $1,636.14
306349 3393 11/03/2023 $1,788.05
306350 3250 11/03/2023 $1,709.26
306351 3491 11/03/2023 $1,144.34
306352 3548 11/03/2023 $1,165.06
306353 3511 11/03/2023 $2,188.62
306354 3396 11/03/2023 $2,042.96
306355 3663 11/03/2023 $1,826.91
306356 3541 11/03/2023 $2,590.97
306357 2499 11/03/2023 $3,227.72
306358 3379 11/03/2023 $2,628.25
306359 3694 11/03/2023 $2,565.16
306360 3737 11/03/2023 $2,393.54
306361 2105 11/03/2023 $4,912.80
306362 3474 11/03/2023 $2,342.54
306363 2515 11/03/2023 $3,138.68
306364 3636 11/03/2023 $2,386.71
306365 2679 11/03/2023 $2,375.35
306366 3490 11/03/2023 $2,365.28
306367 3475 11/03/2023 $2,760.50
306368 2181 11/03/2023 $3,530.60
306369 3353 11/03/2023 $2,712.70
306370 3735 11/03/2023 $3,577.56
306371 3542 11/03/2023 $3,405.77
306372 3731 11/03/2023 $2,418.79
306373 1955 11/03/2023 $3,515.98
306374 1632 11/03/2023 $2,161.19
306375 3736 11/03/2023 $2,469.30
306376 3692 11/03/2023 $2,376.56
306377 3147 11/03/2023 $2,844.24
306378 3732 11/03/2023 $2,438.47
306379 3148 11/03/2023 $3,013.43
306380 3808 11/03/2023 $4,112.25
306381 3195 11/03/2023 $2,314.68
306382 3626 11/03/2023 $2,378.19
City of Victorville Council Payroll Report Page 7 of 16 09/22/2023 Check Number Employee ID Check Date Total Net
Advices
306383 3602 11/03/2023 $2,785.97
306384 3112 11/03/2023 $2,267.88
306385 1970 11/03/2023 $2,994.58
306386 1520 11/03/2023 $7,595.82
306387 2605 11/03/2023 $2,277.19
306388 3505 11/03/2023 $5,415.37
306389 2540 11/03/2023 $3,422.84
306390 2377 11/03/2023 $2,788.71
306391 1079 11/03/2023 $2,622.82
306392 2259 11/03/2023 $3,798.71
306393 2312 11/03/2023 $3,122.68
306394 3510 11/03/2023 $1,955.40
306395 3637 11/03/2023 $2,371.14
306396 3628 11/03/2023 $2,289.61
306397 3068 11/03/2023 $1,988.24
306398 3633 11/03/2023 $2,555.72
306399 3129 11/03/2023 $3,497.81
306400 1998 11/03/2023 $2,906.44
306401 2376 11/03/2023 $4,245.52
306402 2111 11/03/2023 $2,750.42
306403 3543 11/03/2023 $2,040.92
306404 3303 11/03/2023 $3,749.75
306405 3802 11/03/2023 $2,613.47
306406 3558 11/03/2023 $2,885.16
306407 1655 11/03/2023 $2,695.07
306408 3285 11/03/2023 $4,036.27
306409 1529 11/03/2023 $1,946.03
306410 3346 11/03/2023 $2,130.18
306411 1776 11/03/2023 $3,200.49
306412 3192 11/03/2023 $2,085.32
306413 2655 11/03/2023 $1,546.22
306414 3749 11/03/2023 $1,815.61
306415 2798 11/03/2023 $2,274.57
306416 2522 11/03/2023 $358.15
306417 3265 11/03/2023 $2,127.78
306418 1503 11/03/2023 $3,132.41
306419 2505 11/03/2023 $2,867.22
306420 3299 11/03/2023 $1,804.04
306421 3113 11/03/2023 $2,304.20
306422 1007 11/03/2023 $3,110.37
306423 3185 11/03/2023 $2,358.25
306424 3729 11/03/2023 $1,716.15
306425 2343 11/03/2023 $1,341.75
306426 3273 11/03/2023 $1,851.38
306427 1497 11/03/2023 $2,592.93
306428 3537 11/03/2023 $2,560.51
City of Victorville Council Payroll Report Page 8 of 16 09/22/2023 Check Number Employee ID Check Date Total Net
Advices
306429 2192 11/03/2023 $2,019.40
306430 3513 11/03/2023 $2,166.29
306431 3685 11/03/2023 $1,646.36
306432 2034 11/03/2023 $3,130.94
306433 2275 11/03/2023 $2,841.89
306434 3380 11/03/2023 $2,439.69
306435 3191 11/03/2023 $2,190.29
306436 3792 11/03/2023 $996.60
306437 3496 11/03/2023 $946.90
306438 3051 11/03/2023 $2,012.22
306439 1750 11/03/2023 $2,412.94
306440 2770 11/03/2023 $1,915.77
306441 2228 11/03/2023 $2,485.47
306442 3726 11/03/2023 $2,311.71
306443 3748 11/03/2023 $2,206.27
306444 3101 11/03/2023 $2,687.51
306445 3335 11/03/2023 $2,281.69
306446 3611 11/03/2023 $1,253.83
306447 3284 11/03/2023 $2,772.30
306448 3580 11/03/2023 $1,682.95
306449 3621 11/03/2023 $1,676.31
306450 3270 11/03/2023 $1,888.33
306451 2248 11/03/2023 $1,993.14
306452 3263 11/03/2023 $1,833.36
306453 3622 11/03/2023 $1,165.06
306454 3795 11/03/2023 $1,271.13
306455 1588 11/03/2023 $2,183.90
306456 3788 11/03/2023 $1,888.06
306457 2189 11/03/2023 $3,216.05
306458 3560 11/03/2023 $1,772.29
306459 3509 11/03/2023 $2,232.64
306460 3226 11/03/2023 $1,699.58
306461 3257 11/03/2023 $2,088.14
306462 1121 11/03/2023 $2,414.42
306463 3149 11/03/2023 $2,477.49
306464 1865 11/03/2023 $2,101.81
306465 3479 11/03/2023 $1,689.60
306466 1723 11/03/2023 $1,784.85
306467 3296 11/03/2023 $2,276.15
306468 3791 11/03/2023 $1,165.06
306469 3707 11/03/2023 $1,802.48
306470 3572 11/03/2023 $1,267.52
306471 2531 11/03/2023 $3,301.20
306472 1513 11/03/2023 $1,990.89
306473 2118 11/03/2023 $1,064.15
306474 3387 11/03/2023 $908.72
City of Victorville Council Payroll Report Page 9 of 16 09/22/2023 Check Number Employee ID Check Date Total Net
Advices
306475 3330 11/03/2023 $1,716.22
306476 2681 11/03/2023 $3,682.32
306477 2119 11/03/2023 $1,891.93
306478 1612 11/03/2023 $1,739.66
306479 1282 11/03/2023 $2,341.09
306480 3610 11/03/2023 $1,688.27
306481 3277 11/03/2023 $1,904.28
306482 3287 11/03/2023 $2,145.12
306483 3037 11/03/2023 $1,686.09
306484 1449 11/03/2023 $2,997.82
306485 3481 11/03/2023 $1,885.01
306486 2677 11/03/2023 $5,146.76
306487 3688 11/03/2023 $1,844.86
306488 3341 11/03/2023 $1,862.46
306489 1137 11/03/2023 $1,725.16
306490 3793 11/03/2023 $1,165.06
306491 2383 11/03/2023 $2,046.49
306492 3687 11/03/2023 $1,165.06
306493 3130 11/03/2023 $1,927.99
306494 2489 11/03/2023 $1,710.19
306495 3733 11/03/2023 $1,629.45
306496 3361 11/03/2023 $3,097.20
306497 3624 11/03/2023 $2,130.12
306498 3139 11/03/2023 $1,567.90
306499 3099 11/03/2023 $2,667.10
306500 2696 11/03/2023 $1,982.86
306501 1287 11/03/2023 $3,007.58
306502 3536 11/03/2023 $2,764.55
306503 3722 11/03/2023 $1,854.23
306504 1254 11/03/2023 $2,050.52
306505 3187 11/03/2023 $1,850.78
306506 3804 11/03/2023 $2,673.56
306507 2368 11/03/2023 $2,131.72
306508 3532 11/03/2023 $1,937.39
306509 3798 11/03/2023 $1,165.06
306510 3258 11/03/2023 $1,840.94
306511 3100 11/03/2023 $2,726.85
306512 3259 11/03/2023 $1,520.32
306513 3796 11/03/2023 $1,165.06
306514 3344 11/03/2023 $1,957.06
306515 1338 11/03/2023 $3,730.62
306516 3507 11/03/2023 $2,207.21
306517 2229 11/03/2023 $1,762.97
306518 3790 11/03/2023 $1,247.64
306519 1049 11/03/2023 $2,342.04
306520 1506 11/03/2023 $1,957.05
City of Victorville Council Payroll Report Page 10 of 16 09/22/2023 Check Number Employee ID Check Date Total Net
Advices
306521 1959 11/03/2023 $3,512.36
306522 3004 11/03/2023 $2,025.91
306523 1893 11/03/2023 $2,047.81
306524 3794 11/03/2023 $1,165.06
306525 1581 11/03/2023 $2,516.81
306526 1932 11/03/2023 $1,853.72
306527 3279 11/03/2023 $1,952.78
306528 3725 11/03/2023 $1,165.06
306529 2460 11/03/2023 $1,932.68
306530 3671 11/03/2023 $1,707.16
306531 2732 11/03/2023 $1,874.81
306532 3338 11/03/2023 $1,604.56
306533 2552 11/03/2023 $3,234.35
306534 2476 11/03/2023 $3,362.11
306535 2279 11/03/2023 $2,585.31
306536 3515 11/03/2023 $5,135.30
306537 3092 11/03/2023 $3,027.98
306538 3138 11/03/2023 $3,038.55
306539 3146 11/03/2023 $2,776.14
306540 2590 11/03/2023 $3,569.26
306541 2748 11/03/2023 $2,055.75
306542 3709 11/03/2023 $2,653.86
306543 2669 11/03/2023 $3,177.92
306544 2623 11/03/2023 $2,003.46
306545 2637 11/03/2023 $2,395.61
306546 2638 11/03/2023 $2,905.84
306547 3803 11/03/2023 $1,946.38
306548 3109 11/03/2023 $2,657.00
306549 2671 11/03/2023 $2,991.52
306550 2593 11/03/2023 $2,607.49
306551 3328 11/03/2023 $2,384.69
306552 3461 11/03/2023 $2,185.91
306553 3038 11/03/2023 $2,768.29
306554 3052 11/03/2023 $2,011.89
306555 2290 11/03/2023 $2,016.57
306556 3716 11/03/2023 $1,791.66
306557 3110 11/03/2023 $3,390.59
306558 2641 11/03/2023 $1,978.22
306559 2612 11/03/2023 $2,409.44
306560 3698 11/03/2023 $2,070.41
306561 2642 11/03/2023 $2,287.08
306562 3705 11/03/2023 $2,065.68
306563 3331 11/03/2023 $1,794.63
306564 2674 11/03/2023 $2,706.05
306565 3231 11/03/2023 $2,377.67
306566 3228 11/03/2023 $2,524.03
City of Victorville Council Payroll Report Page 11 of 16 09/22/2023 Check Number Employee ID Check Date Total Net
Advices
306567 2628 11/03/2023 $2,873.95
306568 3301 11/03/2023 $1,705.63
306569 2630 11/03/2023 $2,821.71
306570 3182 11/03/2023 $3,293.82
306571 2599 11/03/2023 $2,168.30
306572 2683 11/03/2023 $2,869.21
306573 2753 11/03/2023 $3,190.92
306574 2610 11/03/2023 $2,887.28
306575 3323 11/03/2023 $1,865.84
306576 1389 11/03/2023 $2,514.22
306577 3264 11/03/2023 $1,982.10
306578 2808 11/03/2023 $1,953.63
306579 2646 11/03/2023 $2,637.92
306580 3617 11/03/2023 $2,001.04
306581 2600 11/03/2023 $3,145.65
306582 2524 11/03/2023 $2,695.78
306583 2686 11/03/2023 $1,997.80
306584 2193 11/03/2023 $2,244.35
306585 3322 11/03/2023 $3,215.60
306586 3629 11/03/2023 $2,519.92
306587 3230 11/03/2023 $3,237.33
306588 1931 11/03/2023 $3,079.19
306589 2038 11/03/2023 $1,747.76
306590 2339 11/03/2023 $2,265.76
306591 2678 11/03/2023 $3,738.73
306592 3240 11/03/2023 $2,328.96
306593 3743 11/03/2023 $1,790.35
306594 3215 11/03/2023 $2,869.25
306595 3140 11/03/2023 $2,025.18
306596 3035 11/03/2023 $2,190.69
306597 3651 11/03/2023 $2,176.51
306598 3769 11/03/2023 $390.84
306599 1853 11/03/2023 $2,895.57
306600 3645 11/03/2023 $779.45
306601 3503 11/03/2023 $3,274.05
306602 3579 11/03/2023 $708.07
306603 3384 11/03/2023 $1,122.55
306604 3386 11/03/2023 $1,954.14
306605 2488 11/03/2023 $865.17
306606 3120 11/03/2023 $1,006.54
306607 3778 11/03/2023 $69.65
306608 3806 11/03/2023 $678.77
306609 3768 11/03/2023 $69.65
306610 3582 11/03/2023 $1,024.73
306611 3252 11/03/2023 $2,665.60
306612 3070 11/03/2023 $2,264.10
City of Victorville Council Payroll Report Page 12 of 16 09/22/2023 Check Number Employee ID Check Date Total Net
Advices
306613 3657 11/03/2023 $621.01
306614 1866 11/03/2023 $1,923.51
306615 3674 11/03/2023 $621.01
306616 3766 11/03/2023 $506.92
306617 3717 11/03/2023 $143.18
306618 3655 11/03/2023 $919.66
306619 3813 11/03/2023 $919.25
306620 3656 11/03/2023 $896.29
306621 3789 11/03/2023 $4,242.83
306622 3775 11/03/2023 $201.22
306623 2478 11/03/2023 $1,096.20
306624 3648 11/03/2023 $286.35
306625 3779 11/03/2023 $139.30
306626 3471 11/03/2023 $1,095.90
306627 3531 11/03/2023 $3,967.89
306628 3814 11/03/2023 $1,007.37
306629 3587 11/03/2023 $946.29
306630 3669 11/03/2023 $406.00
306631 3029 11/03/2023 $1,611.93
306632 3812 11/03/2023 $946.29
306633 3326 11/03/2023 $3,645.43
306634 3609 11/03/2023 $1,116.62
306635 3770 11/03/2023 $340.53
306636 3492 11/03/2023 $423.06
306637 3691 11/03/2023 $946.29
306638 3810 11/03/2023 $950.56
306639 3576 11/03/2023 $1,116.62
306640 3647 11/03/2023 $706.05
306641 3566 11/03/2023 $658.58
306642 3502 11/03/2023 $2,249.73
306643 3368 11/03/2023 $1,802.83
306644 2006 11/03/2023 $3,224.27
306645 3761 11/03/2023 $2,866.68
306646 2684 11/03/2023 $1,624.57
306647 3079 11/03/2023 $1,904.33
306648 1966 11/03/2023 $2,709.42
306649 3388 11/03/2023 $2,190.47
306650 2355 11/03/2023 $2,282.66
306651 3696 11/03/2023 $2,641.32
306652 3500 11/03/2023 $3,363.35
306653 3620 11/03/2023 $1,863.46
306654 3654 11/03/2023 $1,619.49
306655 2039 11/03/2023 $1,902.81
306656 3281 11/03/2023 $1,652.36
306657 3550 11/03/2023 $2,799.69
306658 2629 11/03/2023 $2,103.03
City of Victorville Council Payroll Report Page 13 of 16 09/22/2023 Check Number Employee ID Check Date Total Net
Advices
306659 3348 11/03/2023 $2,087.00
306660 3807 11/03/2023 $2,087.39
306661 3081 11/03/2023 $2,406.35
306662 3523 11/03/2023 $4,351.50
306663 3271 11/03/2023 $1,806.15
306664 3017 11/03/2023 $5,001.92
306665 3706 11/03/2023 $1,451.74
306666 3512 11/03/2023 $3,054.62
306667 2027 11/03/2023 $1,379.92
306668 2330 11/03/2023 $3,182.27
306669 2795 11/03/2023 $370.47
306670 3437 11/03/2023 $4,881.10
306671 3652 11/03/2023 $2,407.01
306672 3421 11/03/2023 $3,280.79
306673 3439 11/03/2023 $3,657.67
306674 3440 11/03/2023 $4,782.99
306675 3441 11/03/2023 $3,565.60
306676 3473 11/03/2023 $4,264.56
306677 3406 11/03/2023 $5,867.10
306678 3422 11/03/2023 $4,690.70
306679 3442 11/03/2023 $4,936.99
306680 3433 11/03/2023 $6,435.77
306681 3469 11/03/2023 $4,056.85
306682 3424 11/03/2023 $3,831.43
306683 3414 11/03/2023 $4,207.01
306684 3704 11/03/2023 $4,862.49
306685 3734 11/03/2023 $4,560.60
306686 3799 11/03/2023 $2,720.01
306687 3443 11/03/2023 $3,431.70
306688 3600 11/03/2023 $3,579.79
306689 3711 11/03/2023 $7,119.46
306690 3715 11/03/2023 $3,554.99
306691 3444 11/03/2023 $2,614.19
306692 3583 11/03/2023 $4,100.84
306693 3594 11/03/2023 $6,869.30
306694 1718 11/03/2023 $6,378.05
306695 3409 11/03/2023 $3,212.22
306696 3426 11/03/2023 $7,208.07
306697 3642 11/03/2023 $1,747.71
306698 3584 11/03/2023 $615.53
306699 3746 11/03/2023 $2,026.99
306700 3538 11/03/2023 $2,057.60
306701 3410 11/03/2023 $4,585.59
306702 3447 11/03/2023 $5,222.27
306703 3427 11/03/2023 $3,697.75
306704 3411 11/03/2023 $4,410.53
City of Victorville Council Payroll Report Page 14 of 16 09/22/2023 Check Number Employee ID Check Date Total Net
Advices
306705 3448 11/03/2023 $2,331.68
306706 3719 11/03/2023 $1,622.78
306707 3518 11/03/2023 $2,342.15
306708 3449 11/03/2023 $4,135.23
306709 3428 11/03/2023 $2,661.32
306710 3429 11/03/2023 $3,667.15
306711 3455 11/03/2023 $3,989.17
306712 3451 11/03/2023 $6,143.40
306713 3712 11/03/2023 $6,060.32
306714 3595 11/03/2023 $2,921.21
306715 3430 11/03/2023 $2,655.94
306716 3452 11/03/2023 $5,646.18
306717 3417 11/03/2023 $3,622.83
306718 3085 11/03/2023 $2,320.36
306719 3431 11/03/2023 $3,940.00
306720 3419 11/03/2023 $7,681.36
306721 3720 11/03/2023 $4,907.91
306722 3524 11/03/2023 $2,920.63
306723 3412 11/03/2023 $6,427.71
306724 3805 11/03/2023 $2,251.47
306725 3420 11/03/2023 $2,328.19
306726 3378 11/03/2023 $1,632.95
306727 3435 11/03/2023 $5,945.12
306728 3800 11/03/2023 $4,295.18
306729 3432 11/03/2023 $3,323.80
306730 3408 11/03/2023 $2,421.26
306731 3456 11/03/2023 $3,621.11
306732 3763 11/03/2023 $3,574.55
306733 3591 11/03/2023 $5,109.54
306734 3392 11/03/2023 $4,237.80
306735 3434 11/03/2023 $2,306.42
306736 3273 11/03/2023 $1,031.37
Advices Total 1,330,581.02
City of Victorville Council Payroll Report Page 15 of 16 09/22/2023 Vendor Check Date Total Gross
IRS 10/27/2023 $1,018.97
IRS 10/27/2023 $2,145.32
IRS 11/1/2023 $160.92
IRS 11/3/2023 $235,366.90
State Taxes 10/26/2023 $381.37
State Taxes 10/30/2023 $293.51
State Taxes 11/6/2023 $67,157.98
CASDU 11/3/2023 $3,932.45
Deferred Comp (457) 10/26/2023 $375.00
Deferred Comp (457) 10/27/2023 $8.61
Deferred Comp (457) 10/30/2023 $372.00
Deferred Comp (457) 11/2/2023 $40.00
Deferred Comp (457) 11/6/2023 $77,899.81
Deferred Comp (401a) 11/6/2023 $278.74
PERS 10/31/2023 $561.59
PERS 11/6/2023 $340,222.96
VV Firefighter's Union 11/2/2023 $2,940.00
Electronic Vendor Payments Total 733,156.13
Electronic Vendor Payments
City of Victorville Council Payroll Report Page 16 of 16 09/22/2023 Item Number: 11
City Council / Board of Directors
Consent Calendar
Meeting of: December 19, 2023
Submitted By:

Jennifer Thompson, City Clerk

Subject:

Minutes of the October 24, 2023, Special City Council Meeting and the November 7 and December 5, 2023, Regular City Council Meetings
Recommendation:

That the Honorable City Council approve the minutes of the Special City Council Meeting held on October 24, 2023, and the Regular City Council Meetings held on November 7 and December 5, 2023.

Fiscal Impact:

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

Attachments: A. Minutes of the October 24, 2023, Special City Council Meeting B. Minutes of the November 7, 2023, Regular City Council Meeting C. Minutes of the December 5, 2023, Regular City Council Meeting Attachment A

Conference Room D
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

VICTORVILLE PLANNING COMMISSION

Special Meeting Minutes
Tuesday, October 24, 2023
5:00 p.m. Closed Session
6:00 p.m. Special Session

5:00 p.m. City Council and Planning Commission Police Station and Civic Plaza Special Joint Workshop

Objectives:

Understand the information gathered for the Victorville Police Station and Civic Plaza
Review presentation of the Victorville Police Station and Civic Plaza Receive feedback from the City Council and Planning Commission identifying community elements of interest that were not provided by staff Identify possible site locations for the Victorville Police Station and Civic Plaza

Welcome and Call to Order

Roll Call

Present: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones,
Commissioner Marsh, Commissioner Mesen, Chair Kurth

Absent: Commissioner Thomas, Vice-Chair Cook-Askins

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

Pledge of Allegiance: City Manager Keith C. Metzler

City Clerk Presents Agenda/Revisions to Agenda

Agenda presented with one revision, moving the project cost summary to the end of the presentation.

Introduction to Public Comments

Public Comments

None

Discussion

1. Opening Remarks from the City Manager

City Manager Keith C. Metzler provided brief opening remarks

2. Discuss Workshop Objectives

3. Review Police Station and Civic Plaza Presentation

Mr. Jeremy Hart with LPA provided an overview of the Police Station and Civic Plaza presentation.

Questions ensued

Mayor Jones took a consensus on Concept Plan, Option A and Option C provided in the presentation. The consensus was tied, however the caveat for Option C was that the property to be acquired would be withing the area North of Seneca, West of Civic Drive, East of Amargosa and South of Roy Rogers.

4. Wrap Up and Next Steps

Adjournment

Meeting adjourned at 6:55 p.m.

Attest:

____________________ ___________________________ Debra Jones, Mayor Jennifer Thompson, City Clerk
Attachment B

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

VICTORVILLE CITY COUNCIL

VICTORVILLE LIBRARY BOARD OF TRUSTEES

SOUTHERN CALIFORNIA LOGISTICS 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, November 7, 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, Mayor Pro Tem Becerra, Mayor Jones

Absent: Council Member Irving

Public Comments for Closed Session Items

None

Declaration of Closed Session Item(s) by City Attorney

City Attorney Andre de Bortnowsky announced four (4) closed session items as set forth on the agenda.

CITY COUNCIL

A. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
Pursuant to Government Code § 54956.9(d)(1)
Case name unspecified: (Disclosure would jeopardize existing settlement negotiations)

B. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
Pursuant to Government Code § 54956.9(d)(1)
Case name unspecified: (Disclosure would je opardize 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

Recess to Closed Session

6:00 p.m. Regular Session

Council Member Gomez left the dais at 6:00 p.m.

Call to Order

Council Member Gomez returned to the dais at 6:01 p.m.

Roll Call

Present: Council Member Gomez, Council Member Harriman, Mayor Pro Tem Becerra, Mayor Jones

Absent: Council Member Irving

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 four (4) closed session items as set forth on the agenda. There were no reportable actions for City Council items A and B.

City Council voted 4-0 with Council Member Irving being absent to opt out of proposed settlement options for Southern California Logistics Airport Authority item A and Victorville Water District item A.

Invocation: Mayor Jones

Pledge of Allegiance: Police Captain John Wickum

City Clerk Presents Agenda/Revisions to Agenda

Staff requested Item 16 to be moved to a future agenda.

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:

DeAnn Hudgens spoke on general items

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

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 Harriman
Seconded: Mayor Pro Tem Becerra

Comments ensued

Motion passed 3-1

Ayes: Council Member Harriman, Mayor Pro Tem Becerra, Mayor Jones Noes: Council Member Gomez

Absent: Council Member Irving

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 an d 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 Mojav e Drive and Amethyst Road Project.

Questions ensued

The Chair opened the Public Hearing

There were no speakers

The Chair closed the Public Hearing

Motion was made to approve staff recommendations

Moved: Mayor Pro Tem Becerra
Seconded: Council Member Harriman

Motion passed 4-0

Ayes: Council Member Gomez, Council Member Harriman, Mayor Pro Tem Becerra, Mayor Jones

Absent: Council Member Irving

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 ap prove 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 Q uarterly 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 a nd 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.

Questions and comments ensued for items 11 through 14

Motion was made to approve staff recommendation
s for Consent Calendar items
3 through 14

Moved: Mayor Pro Tem Becerra
Seconded: Council Member Harriman

Motion passed 4-0 with Council Member Gomez voting no on items 12, 13, and 14

Ayes: Council Member Gomez, Council Member Harriman, Mayor Pro Tem Becerra, Mayor Jones

Absent: Council Member Irving

WRITTEN COMMUNICATIONS

15. Fentanyl Presentation

Recommendation:

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

Questions ensued

Motion was made to approve City of Victorville and Institute of Public Strategies to

work together to create a plan for a Fentanyl Program

Moved: Council Member Harriman
Seconded: Mayor Jones

Comments ensued

An amendment to the m otion was made to include the cost and budget of the Fentanyl Program

Moved: Mayor Jones
Seconded: Council Member Harriman

Questions ensued

Amendment to the motion passed 3-1

Ayes: Council Member Harriman, Mayor Pro Tem Becerra, Mayor Jones Noes: Council Member Gomez

Absent: Council Member Irving

Motion passed 3-1

Ayes: Council Member Harriman, Mayor Pro Tem Becerra, Mayor Jones Noes: Council Member Gomez

Absent: Council Member Irving

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 reve nue 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 sa id grant, inclusive of the submittal of claims and requests for reimbursement; and (4) Authorize the City Engineer to certify the completion of the project.

Item 16 was continued to a future meeting

17. Annexation of Tract No. 20280 into Drainage Faci lities 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 dat e of December 5, 2023, to complete the annexation/assessment proceedings, and ratify the mailing of updated public hearing notices and assessment ballots.

Questions ensued

Motion was made to approve staff recommendation

Moved: Mayor Pro Tem Becerra
Seconded: Council Member Harriman

Comments ensued

Motion passed 3-1

Ayes: Council Member Harriman, Mayor Pro Tem Becerra, Mayor Jones Noes: Council Member Gomez

Absent: Council Member Irving

Motion was made to combine items 18 and 19

Moved: Mayor Jones
Seconded: Mayor Pro Tem Becerra

Motion passed 3-1

Ayes: Council Member Harriman, Mayor Pro Tem Becerra, Mayor Jones Noes: Council Member Gomez

Absent: Council Member Irving

18. Approve Amendment One to the Standard Consultant/Profe ssional 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 P rovider 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/Profess ional 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 Co nsultant/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.

Questions ensued

Motion was made to approve staff recommendations for items 18 and 19

Moved: Mayor Jones
Seconded: Council Member Harriman

Comments ensued

Motion passed 4-0

Ayes: Council Member Gomez, Council Member Harriman, Mayor Pro Tem Becerra, Mayor Jones

Absent: Council Member Irving

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.

Questions ensued

Motion was made to approve staff recommendations

Moved: Council Member Harriman
Seconded: Mayor Pro Tem Becerra

Comments ensued

Motion passed 3-1

Ayes: Council Member Harriman, Mayor Pro Tem Becerra, Mayor Jones Noes: Council Member Gomez

Absent: Council Member Irving

21. Cancellation of the November 21, 2023, regular City Council meeting

Recommendation:

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

Motion was made to approve the cancellation of the November 21, 2023, regular City Council meeting

Questions ensued

Moved: Mayor Jones
Seconded: Council Member Harriman

Motion passed 3-1

Ayes: Council Member Harriman, Mayor Pro Tem Becerra, Mayor Jones Noes: Council Member Gomez

Absent: Council Member Irving

22. Revisions to Council Policy CP-12-01 – Expense Reimbursement Policy

Recommendation:

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

Questions ensued

Motion was made to approve policy CP-12-01 revision to $100 meal allowance per day including tax and gratuity of maximum 15%

Moved: Mayor Jones
Seconded: Council Member Harriman

Comments ensued

Motion passed 3-1

Ayes: Council Member Harriman, Mayor Pro Tem Becerra, Mayor Jones Noes: Council Member Gomez

Absent: Council Member Irving

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.

Questions ensued

Motion was made to approve Resolution No. 23-093

Moved: Mayor Jones
Seconded: Council Member Harriman

Comments ensued

Motion passed 3-1

Ayes: Council Member Harriman, Mayor Pro Tem Becerra, Mayor Jones Noes: Council Member Gomez

Absent: Council Member Irving

24. City Manager Reports

City Manager Keith C. Metzler announced the Geen Tree Extension Project was awarded the Building Excellence and Safet y Transportation Infrastructure Award from the Southern California Chapter of American Public Works Associations. He announced the V eterans Day Run/Walk Parade and Ceremony is on Saturday November 11, 2023, at the Veterans Memorial on the corner of 7 th St and Forest Ave. The run/walk begins at 8:45a. m. registrations are online, and Parade begins at 9:00a.m. He also announced the City of Victorville Library is hosting a Veterans Day Thank You Craft on Thursday, November 9, 2023, from 11:00a.m. to 4:00p.m., the event is free, and no registration is required. Keith C. Metzler announced the Annual Festival of Lights and Victorville Tree Lighting will be on Saturday, December 2, 2023, at City Hall from 4:00p.m. to 7:00p.m. He announced the Wellness Center is projected to start operations in December, the operators hosted a local hiring fair that brought over 300 applicants. He also announced the October Community Clean Up Day was a success with 538 volunteers and 1350 bags of trash collected, totaling 5.5 tons. Keith C. Metzler announced the next City of Victorville Free Dump Day is on Saturday, November 18, 2023, from 8:00a.m. to 1:00p.m. at the former Victor Valley Junior High School. He also announced Code Compliance is starting the Community Enhancement Program that will include education and outreach to help improve neighborhoods.

25. Discussion and Possible Action Regarding Upcoming Agenda Items

Motion was made to review and revise the entire City Council Policy and Procedure Manual for any outdated policies by the March 5, 2024, regular City Council meeting, and to update CP12-01 at the second meeting in January 2024

Moved: Mayor Pro Tem Becerra
Seconded: Council Member Harriman

Motion passed 3-1

Ayes: Council Member Harriman, Mayor Pro Tem Becerra, Mayor Jones Noes: Council Member Gomez

Absent: Council Member Irving

Motion was made to agendize an item for the nex t City Council meeting , for discussion and possible action, to direct City Attorney Andre de Bortnowsky to write a letter to address concerns over the Leadership and Action Award bestowed upon Council Member Gomez by the League of California Cities

Moved: Mayor Jones
Seconded: Council Member Harriman

Motion passed 3-1

Ayes: Council Member Harriman, Mayor Pro Tem Becerra, Mayor Jones Noes: Council Member Gomez

Absent: Council Member Irving

26. Reports from Council Members

Council Member Gomez reported on her involvement with the community.

Mayor Pro Tem Becerra reported on her attendance to the High Desert Corridor Joint Powers Agency as Vice Chair.

Mayor Jones reported on her attendance to the S an Bernardino County Transportation Authority meetings. She also gave her gratitude to Mayor Pro Tem Becerra for being at the Fall Festival and doing a Ribbon Cutting in her stead.

Adjournment

Mayor Jones adjourned the meeting at 8:27 p.m.

Attest:

____________________ ___________________________ Debra Jones, Mayor Jennifer Thompson, City Clerk

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, December 5, 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 unspecified: (Disclosure would jeopardize existing settlement negotiations)

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 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: Pastor Dane Davis of Impact Christian Church

Pledge of Allegiance: Police Captain John Wickum

City Clerk Presents Agenda/Revisions to Agenda

Agenda presented with no revisions reported.

Conflict of Interest Declarations

Mayor Pro Tem Becerra declared she would recuse herself from Item 9, due to the proximity of the project to her residence.

Introduction to Public Comments

None

PUBLIC HEARING(S)

1. Annexation of Tract Map No. 20280 into Drainage Facilities Assessment District No. 1 and Landscape Maintenance Assessment District No. 6

Recommendation:

That the Honorable City Council:
(1) Conduct the public hearing;
(2) Take testimony;
(3) Conclude the public hearing and direct the City Clerk to tabulate the assessment ballots;
(4) Adopt Resolution Nos. 23-094 and 23-095 declaring the results of the property owner protest ballots; and
(5) If no majority protest exists, adopt Resolution Nos. 23- 096 and 23- 097 confirming that no majority protest exists, adopting the Engine er’s Reports as final, ordering the annexation of Tract Map No. 20280 to Drainage Facilities assessment District No. 1 and Landscape Maintenance Assessment District No. 6, and the levy and collection of assessments on the parcels therein commencing in Fiscal Year 2024/2025.

Questions ensued

The Chair opened the Public Hearing

There were no speakers

The Chair closed the Public Hearing

City Clerk opened the assessment ballots, and
declared that no majority protest
existed

Motion was made to approve staff recommendations

Moved: Council Member Irving
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

CONSENT CALENDAR

2. Second Reading of Ordinance No. 2445

Recommendation:

That the City Council adopt, by second reading, Ordinance No. 2445 amending in part Chapter 13.27 of the Victorville Municipal Code regarding the regulation of camping or storage of personal property in public areas.

3. Commercial Demand Schedule No. 6

Recommendation:

That the City Council and Board of Directors ratify Commercial Demand Schedule No. 6 in the amount of $6,024,971.00, covering Electronic Fund Transfers No. 336509 through 336578 and Warrant No. 792132 through 792223 for 09/14/2023 through 09/20/2023, Warrant No. 792294 through 792489 for 09/21/2023 through 10/01/2023 and Wire Transfer dated 09/27/2023, per the adopted budget for Fiscal Year 2023- 2024 for the period covering July 1, 2023 through June 30, 2024.

Due to technical challenges, warrant numbers f or September 21, 2023 through November 08, 2023 may not align as manual entry was done in between normal check processes. A spreadsheet showing the cross reference of the manual check numbers vs. the system check numbers is attached for reference.

4. Commercial Demand Schedule No. 7

Recommendation:

That the City Council and Board of Directors ratify Commercial Demand Schedule No. 7 in the amount of $3,571,163.44, covering Warrant No. 792571 through 792723 for 10/02/2023 through 10/11/2023, and Wire Transfer dated 10/05/2023, per the adopted budget for Fiscal Year 2023- 2024 for the period covering July 1, 2023 through June 30, 2024.

Due to technical challenges, warrant numbers for September 21, 2023 through November 08, 2023 may not align as manual entry was done in between normal check processes. A spreadsheet showing the cross reference of the manual check numbers vs. the system check numbers is attached for reference.

5. Commercial Demand Schedule No. 8

Recommendation:

That the City Council and Board of Directors ratify Commercial Demand Schedule No. 8 in the amount of $19,049,121.92, covering Warrant No. 792724 through 792856 for 10/12/2023 through 10/19/2023, Electronic Fund Transfers No. 336588 through 336752 and Warrant No. 792233 through 792293 for 10/20/2023 through 10/25/2023 and Wire Transfers dated 10/12/2023 through 10/25/2023, per the adopted budget for Fiscal Year 2023- 2024 for the period covering July 1, 2023 through June 30, 2024.

Due to technical challeng es, warrant numbers for September 21, 2023 through November 08, 2023 may not align as manual entry was done in between normal check processes. P rocesses. A spreadsheet showing the cross reference of the manual check numbers vs. the system check numbers is attached for reference.

6. Commercial Demand Schedule No. 9

Recommendation:

That the City Council and Board of Directors ratify Commercial Demand Schedule No. 9 in the amount of $6,978,071.11, covering Electronic Fund Transfers No. 336753 through 336811 and Warrant No. 792490 through 792570 for 10/26/2023 through 11/01/2023, Elect ronic Fund Transfers No. 336813 through 336878 and Warrant No. 792857 through 792917 for 11/02/2023 through 11/08/2023, per the adopted budget for Fiscal Year 2023- 2024 for the period covering July 1, 2023 through June 30, 2024.

Due to technical challeng
es, warrant numbers for September 21, 2023 through
November 08, 2023 may not align as manual entry was done in between normal check processes. A spreadsheet showing the cross reference of the manual check numbers vs. the system check numbers is attached for reference.

7. Payroll Warrant List

Recommendation:

That the City Council and Board of Directors ratify Payroll Demand Schedule No. 3B for Payroll Period September 1, 2023, through September 15, 2023, in the amount of $2,023,849.10 covering Check Nos. 33682 through 33697, including Vendor checks. Please note employee Check No. 33686 has a live Check and an EFT Advice. Also included are Advice Nos. 305126 through 305643, per adopted budget for Fiscal Year 2023-2024 (period covering July 1, 2023, through June 30, 2024).

Questions and comments ensued for Items 2 through 6

Motion was made to approve staff recommendations for Items 2 through 7

Moved: Council Member Irving
Seconded: Mayor Pro Tem Becerra

Motion passed 5-0 with Council Member Gomez voting no on item 2

Ayes: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones

WRITTEN COMMUNICATIONS

8. Appointment of Mayor and Mayor Pro Tem

Recommendation:

That the Honorable City Council
(1) Direct the City Clerk to open nominations for the office of Mayor, take nominations, announce the outcome of the vote and declare the appointment upon a majority vote of the Council;
(2) The newly appoi nted Mayor shall preside over the process for the office of Mayor Pro Tem, unless he/she prefers the City Clerk to facilitate the appointment; and
(3) Open nominations for the office of Mayor Pro Tem, take nominations, and have the City Clerk announce the outcome of the vote and declare the appointment upon a majority vote of the Council.

City Clerk opened nominations for the office of Mayor

Council Member Irving nominated Council Member Becerra

Council Member Becerra accepted the nomination

Council Member Gomez nominated Council Member Gomez

Council Member Gomez accepted the nomination

Council Member Harriman nominated Council Member Jones

Council Member Jones accepted the nomination

City Clerk closed the nominations for the office of Mayor.

Council Member Gomez voted for Council Member Gomez

Council Member Harriman voted for Council Member Jones

Council Member Irving voted for Council Member Becerra

Council Member Becerra voted for Council Member Becerra

Council Member Jones voted for Council Member Jones

City Clerk declared a tie vote and the motion failed

City Clerk opened nominations for the office of Mayor

Council Member Irving nominated Council Member Becerra

Council Member Becerra accepted the nomination

Council Member Gomez nominated Council Member Irving

Council Member Irving declined the nomination

Council Member Harriman nominated Council Member Jones

Council Member Jones accepted the nomination

City Clerk closed the nominations for the office of Mayor

Council Member Gomez declined to vote

Council Member Harriman voted for Council Member Jones

Council Member Irving voted for Council Member Becerra

Council Member Becerra voted for Council Member Becerra

Council Member Jones voted for Council Member Jones

City Clerk declared a tie vote and the motion failed

The City Clerk advised that
nominations for Mayor would continue to the next
meeting

The Chair opened nominations for office of Mayor Pro Tem

Council Member Jones nominated Council Member Harriman

Council Member Harriman declined the nomination

Council Member Harriman nominated Council Member Becerra

Council Member Becerra accepted the nomination

Council Member Gomez nominated Council Member Gomez

Council Member Gomez accepted the nomination

The Chair closed the nominations for the office of Mayor Pro Tem

Council Member Gomez voted for Council Member Gomez

Council Member Harriman voted for Council Member Becerra

Council Member Irving voted for Council Member Becerra

Council Member Becerra voted for Council Member Becerra

Council Member Jones voted for Council Member Becerra

It was declared that Council Member Becerra will hold the office of Mayor Pro Tem

9. 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 re venue 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.

Mayor Pro Tem Becerra recused herself from this item at 6:26 p.m.

Questions ensued

Motion was made to approve staff recommendations

Moved: Council Member Irving
Seconded: Council Member Harriman

Comments ensued

Motion passed 4-0

Ayes: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Jones

Absent: Mayor Pro Tem Becerra

Mayor Pro Tem Becerra returned to the meeting at 6:45 p.m.

10. Amendments to Consultant/Professional Services Provider Agreements with Padilla & Associates, Inc. for Disadvantage Business Enterprise (DBE) and Labor Compliance Services

Recommendation:

That the Honorable City Council:
(1) Approve Amendment No. 1 to Consultant/Professional Services Provider Agreement ESC20-071 in an amount not to exceed $25,000.00; and (2) Approve Amendment No. 2 to Consultant/Professional Services Provider Agreement ESC21-094 in an amount not to exceed $35,000.00.

Questions ensued

Motion was made to approve staff recommendations

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

11. Acceptance of 2020 and 2021 San Bernardino County Homeland Security Grant Program

Recommendation:

That the Honorable City Council:
(1) Adopt Resolution No. 23-098 accepting the awards of the 2020 and 2021 San Bernardino County Homeland Security Grant Program in the total amount of $50,729 and amending the FY23- 24 budget for revenue and expenditures for said grant awards; and
(2) Authorize the City Manager or his designee to execute all grant related documents necessary to secure said grant funds and to implement and carry out the approved purchase specified in the quote.

Questions ensued

Motion was made to approve staff recommendations

Moved: Mayor Pro Tem Becerra
Seconded: Council Member Gomez

Motion passed 5-0

Ayes: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones

12. Presentation to Award a Three (3) Year Contract to Badawi & Associates for Professional Auditing Services

Recommendation:

That the City Council / Board of Directors award a three (3) year professional services agreement to Badawi & Associates, Certified Public Accountants for Professional Auditing Services with two (2) one- year option terms based on performance.

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

13. Approve Amendment Two to the General Services Provider Standard Agreement for Unarmed Security Guard Services, Project CC22-111

Recommendation:

That your Honorable City Council approve Amendment Two to the General Services Provider Standard Agreement to Alltech Industries, Inc., for unarmed security guard services, Project CC22- 111, increasing the total not to exceed compensation by $4,900 to $217,283.36.

Questions ensued

Motion was made to approve staff recommendation

Moved: Council Member Irving
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. Possible letter to League of California Cities regarding the Leadership and Action award bestowed on Council Member Gomez during the September 2023 League of Cities Conference

Recommendation:

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

Questions ensued

Motion was made for City Attorney Andre de Bortnowsky to immediately submit a letter to the League of California Cities, with a copy to the representative of the Desert Mountain D ivision to address present concerns and inquire for which criteria Council Member Gomez received credit.

Moved: Mayor Jones
Seconded: Mayor Pro Tem Becerra

Comments ensued

Motion passed 3-2

Ayes: Council Member Harriman, Mayor Pro Tem Becerra, Mayor Jones Noes: Council Member Gomez, Council Member Irving

15. City Manager Reports

City Manager Keith C. Metzler reported that the County Board of Supervisors voted unanimously to award the upcoming medical transport contract to CONFIRE; to take effect in October 2024.

City Manager Metzler also announced that the City has officially started the Residential Organics Recycling program. There will be informational brochures for the first delivery of the green barrels. Roll out is expected to be completed by the end of December , a nd the organics cost is expected to go into place in January. This program is to comply with California Senate Bill 1383, which is the mandate for all California cities to divert organic waste from going to the landfill.

The Wellness Center ribbon- cutting ceremony will be held on the morning of Friday, December 8 th, and g uided tours for members of the public will be held that afternoon. Registration can be done online on the City website.

Lastly, the City Manager announced that Joel Orduno was selected to receive the Paramedics Scholarship from the City of Victorville , granting him a full ride to attend the Victor Valley College Paramedic Academy.

16. Discussion and Possible Action Regarding Upcoming Agenda Items

Motion was made to agendize an item for the December 19 th City Council meeting, for discussion and possible action, regarding the takeaways with the City’s participation and whether or not the City should entertain participating in the Interagency Council on Homelessness.

Moved: Council Member Irving
Seconded: Mayor Pro Tem Becerra

Motion passed 4-1

Ayes: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra
Noes: Mayor Jones

Motion was made to agendize an item for the December 19 th City Council meeting, for discussion and possible action, to revise the language in the City Council Policy and Procedure Manual , limiting the number of terms one can serve in the office of Mayor to two years , unless extended by a majority vote .

Additionally, if the Council is unable to meet consensus for the office of Mayor, the sitting Mayor Pro Tem with assume the position of Mayor.

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

Motion was made to agendize an item for the December 19 th City Council meeting, for discussion and possible action, to review City Council Member benefits.

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

17. Reports from Council Members

Council Member Gomez reported on her involvement with the community.

Council Member Harriman reported on the Christmas parade, and that there was a great turn out. He felt honored to be a part of it and looks forward to next year.

Mayor Pro Tem Becerra reported that the tree lighting ceremony was a great success and thanked City Manager Keith C. Metzler and his staff.

Mayor Jones reported on her attendance to the San Bernardino County Transportation Authority (SBCTA) General Policy Committee, a roundtable on homelessness and housing with regional Mayors and the Department of Housing and Urban Development director , Victor Valley Wastewater Reclamation Authority, Mojave Desert and Mountain Recycling A uthority Joint Powers Authority, SBCTA Mountain Desert Policy Committee, an SBCTA Transportation Investment Committee Workshop, the Larry Chimbole Public Service Award ceremony for Mayor R andall Putz of Big Bear Lake, and the Veteran’s Day parade. She also attended the San Bernardino County Children and Family Services adoption ceremony , the Christmas parade, and the annual festival and tree-lighting ceremony . B y invitation, she attended the Christmas concert and tree lighting at the First Assembly of God church with Council Member Harriman.

Additionally, she attended the second celebration of Superior Grocers, and the grand reopening of Raul’s Tequila and Kitchen . Mayor Jones also reported the students of the Safe Ambassador Program received a tour of City Hall , and also got to ask questions to a panel that included the City’s PIO, Victor Valley Transit Authority, a Sherrif’s deputy, and local non-profits which was facilitated by Karen Diaz from Senator Scott Wilk’s office.

Adjournment

Mayor Jones adjourned the meeting at 8:05 p.m.

Attest:

____________________ ___________________________ Debra Jones, Mayor Jennifer Thompson, City Clerk

Item Number: 12
City Council / Board of Directors
Consent Calendar
Meeting of: December 19, 2023
Submitted By:

Fredy Bonilla, City Engineer

Subject:

Notice of Completion - Civic Area Pavement Rehabilitation Recommendation:

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

Fiscal Impact:

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

Budget Account No. Fund Amount
2504500-20110-60137 Measure I 65,620.64
1004500-20110-60141 General 14,757.39
1006000-20110-81001 General 668.12
1056000-20110-81001 Measure P 699.17
2505008-20110-62041 Measure I 3,866.72
1006101-20110-81042 General 5,577.56
Total $91,189.60
Strategic Plan Goal:

This item aligns with “Goal E Invest in Infrastructure” in the City of Victorville Strategic Plan 2023-2026 by providing a treatment to existing paved roads and parking lots prolonging their lifespan.
3 3
9 6
Background:

On July 18, 2023, the City Council awarded a construction contract to Roy Allen Slurry Seal, Inc., in the amount of $2,111,345.61. The contract was awarded for pavement rehabilitation of the Civic Area, Tract 16792, four public park parking lots, and City Hall’s Parking Lot. The project further included restriping of Seventh Street.

Discussion:

The project was completed at a final contract price of $1,823,791.80, approximately 13% below the original contract amount. The final inspection occurred on November 9, 2023, when the project was substantially completed. The one-year warranty on the improvements began the date the work was accepted as substantially complete. Per California Public Contract Code §7107(c), within 60 days after the recordation of the Notice of Completion, the City can release the final retention monies withheld on this project, provided there are no claims or unreleased liens against the contract.

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

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

Attachments: A. Location Map
B. Notice of Completion

ATTACHMENT A

COMSTOCK RD

HOOK BLVDROY ROGERS DR

CIVIC DRVALLEY PARK LNIVERNESS CIRVALLEY PARK LN

CIVIC DRSWIFT CIRSENECA RD

AMARGOSA RD

KIMBERLY DR

ARLETTE DR

EL DORADO WYSENECA RDALLEY SAND STSAND STPARK AVEALLEY W CIVICCIVIC DRALLEY N SAGE STSAGE STREET

PARK AVEALLEY W PARK AVECAJON STCIVIC DRCALIFORNIA AVEALLEY WCALIFORNIA AVE AMARGOSA RDMcART ROADALLEY NRAMONA AVE ERAMONA AVEKENTWOOD BLVDRAMONA AVEALLEY NRAMONA AVE W

BOREGO RDPALMDALE RDALLEY N ANACAPA RDPARK AVE E
ANACAPA RDANACAPA RDANACAPA RDALLEY N BONANZA RDPARK AVEBONANZA RDALLEY N CHOLAME RDBONANZA RDCHOLAME RDALLEY N. TAMARACK RDCHOLAME RDTAMARACK RDALLEY N DOS PALMAS RDPARK AVEALLEY E PARK AVEDOS PALMAS RDDOS PALMAS RD

BOREGO RD

CIVIC AREA PROXIMITY MAPPAVEMENT REHABILITATION

DOS PALMAS ROAD

WAR EAGLE ST

EAGLECLIFFSTBRACEO ST

SANDPIPER PLEAGLE POINT ST

SPIRIT PL

BIG CHIEF ST

MARICOPA RDFEATHER ROCK STREDWING PLTHUNDER HAWK PLTHUNDERBIRD PL

BIG CHIEF ST

MONTE VISTA RDKITTY HAWK ST

WAR EAGLE ST
TRACT 16792 PROXIMITY MAPPAVEMENT REHABILITATION

PUBLIC PARKS PROXIMITY MAPSPAVEMENT REHABILITATION
APN 0477-161-16
APN 0477-074-05CENTER ST PARK

CENTER ST
APN 3094-321-01
APN 3104-201-42APN 3104-201-43BRENTWOOD PARK
APN 3094-311-04LIBERTY PARK

HOOK BLVD

AMETHYST RDMESA LINDA AVE
APN 3096-451-08MESA LINDA PARK

PROJECT LOCATION
7TH STREET LOCATION MAP

CITY HALL PARKING LOT PROXIMITY MAPPAVEMENT REHABILITATION

CIVIC DR
PARK AVEVICTORVILLECITY HALLAPN 0396-181-05
INTERSTATE - 15

CIVIC DR

W SAGE ST

ATTACHMENT B
RECORDING REQUESTED BY:

TY OF VICTORVILLE
W
HEN RECORDED MAIL TO:

TY OF VICTORVILLE
ATTN: CITY CLERK
P.O. BOX 5001
VICTORVILLE, CA 92393-5001
Recording of this document is fee-exempt under Government SPACE ABOVE THIS LINE FOR RECORDER’S USE Code Section 6103. No Documentary Transfer Tax is due on the document pursuant to Revenue Taxation Code Section 11922

PUBLIC CONTRACT

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:

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

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

3. The FULL ADDRESS of the OWNER is 14343 CIVIC DRIVE, VICTORVILLE, CA 92392 A work of improvement on the property hereinafter described was COMPLETED NOVEMBER 9, 2023

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

CIVIC AREA PAVEMENT REHABILITATION

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

R
OY ALLEN SLURRY SEAL, INC.

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

7. Assessor’s Parcel Number: N/A

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

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

Date Keith C. Metzler, City Manager

CI TY OF VICTORVILLE
Item Number: 13
City Council / Board of Directors
Consent Calendar
Meeting of: December 19, 2023
Submitted By:

Sophie Smith, Deputy City Manager/City Treasurer
Carmen Cun, Assistant Finance Director

Subject:

Fiscal Year 2023-2024 Senate Bill 165 Annual Report for Community Facilities District No. 2018-001 (Victorville Lead Track)
Recommendation:

That the Honorable City Council receive and file the Fiscal Year ("FY") 2023-2024 Senate Bill 165 Annual Report for Community Facilities District ("CFD") No. 2018-001 (Victorville Lead Track) pursuant to the Local Agency Special Tax and Bond Accountability Act.

Fiscal Impact:

There is no fiscal impact associated with this item.

Strategic Plan Goal:

This item reflects Goal A: Financial Sustainability, Strategy 5 of the FY 2024-2026 Strategic Plan through the prior creation of the CFD to cover costs for the investment in their infrastructure through our oversight and upkeep of the rail spur used by these parcel owners.

Background:

In the late 1980s, the former Victorville Redevelopment Agency (“RDA”) funded the construction of rail track, known as Victorville Lead Track, from the Burlington Northern and Santa Fe (“BNSF”) railroad’s main line to facilitate an on-site rail spur belonging to a glass manufacturing facility that was in operation at the time. The former RDA funded the construction to entice industrial development in the City. Overtime, the Victorville Lead Track was extended to accommodate additional manufacturing and distribution facilities. However, as a result of the dissolution of redevelopment agencies throughout the State of California, the City formed Community Facilities District No. 2018-001 (Victorville Lead Track) in 2018 to fund all direct and incidental costs of maintenance, 3 4
0 7
repair and replacement of the Victorville Lead Track, and related appurtenances within or adjacent to the District.

Discussion:

The Local Agency Special Tax and Bond Accountability Act (the “Act”), enacted by Senate Bill 165 in California Government Code (GC) Sections 50075 through 50077 and 53410 through 53412, requires:
• that any local special tax measure subject to voter approval contain a statement indicating the specific single purpose of the special tax • that the proceeds of the special tax be applied to that purpose • the creation of an account into which the proceeds shall be deposited • an annual report containing specified information concerning the use of the proceeds.

The Act also requires, under GC Section 50075.3 and Section 53411, that an annual report shall be filed with the governing body containing (a) the amounts collected and expended, and (b) the status of any project required or authorized to be funded. The purpose of this staff report is to satisfy the reporting requirement pursuant to the Government Codes referenced above.

In summary, the report states that as of June 30, 2022, a fund balance of $416,679.29 remained in CFD No. 2018-001 (Victorville Lead Track). During Fiscal Year 2022-2023, a total of $140,236.96, respectively, was collected from the five (5) parcels, and $57,230.90 was expensed as a result of maintenance and repair costs associated to the Lead Track. As of June 30, 2023, CFD No. 2018-001 had a fund balance of $499,685.35.

Lastly, for Fiscal Year 2023-2024, approximately $116,368.00 will be levied as total special tax for the same parcels. Most of the FY 2023-2024 special tax levy was under Class 1 Usage Category where more than 100 rail car deliveries were made on three of the five parcels.

Staff remains available for any questions or comments.

Attachments: A.Fiscal Year 2023-24 Annual Report for CFD No. 2018-001 (Victorville Lead Track).

ATTACHMENT A
FISCAL YEAR 2023/24 ANNUAL REPORT FOR COMMUNITY FACILITIES DISTRICT NO. 2018-001 (VICTORVILLE LEAD TRACK)

Fiscal Year 2023/24 Annual Report for:

COMMUNITY FACILITIES DISTRICT NO. 2018-001
(VICTORVILLE LEAD TRACK)
November 2023

TABLE OF CONTENTS
District Summary...................................................................................................................1

1. SB 165: Local Agency Special Tax and Bond Accountability Act ........................................2

2. Special Tax Analysis ........................................................................................................3

2.1 Levy Summary ...........................................................................................................3

2.2 Special Tax Rates .......................................................................................................4

2.3 Annual Special Tax Rate Increase..............................................................................4

2.4 Special Tax Rate Comparison ....................................................................................5 Appendix A. District Boundary ...............................................................................................A Appendix B. Rate And Method Of Apportionment..................................................................B Appendix C. Delinquency Summary Report ............................................................................C Appendix D. Final Billing Detail Report.................................................................................. D

DISTRICT SUMMARY
The City of Victorville (the “City”) formed Community Facilities District No. 2018-001 (Victorville Lead Track) (the “District”) in 2018 to fund all or a portion of the direct and incidental costs of the maintenance, repair and replacement of the Victorville Lead Track, and related appurtenances within or adjacent to the District.

The District may fund any of the following related to the maintenance of the services: obtaining, constructing, reconstructing, furnishing, and operating and maintaining equipment, apparatuses or facilities related to providing the services; maintenance of equipment, apparatuses, facilities, or fixtures in areas to be maintained; paying the salaries and benefits of personnel necessary or convenient to provide the services; payment of insurance costs and other related expenses; and the provision of reserves for repairs, replacements, and for the future provision of services. The District may also fund administrative fees of the City related to the District. No bonds were issued for the District and the special tax is projected to be levied in perpetuity.

Levy
The following table provides a summary of the Fiscal Year 2023/24 final levy amount.

Parcel
Count
FY 2023/24
LevyDistrict
Community Facilities District No. 2018-001 5 $116,368.46 Delinquencies
As of June 30, 2023, there are no outstanding delinquencies within the District. Please refer to Appendix C for detailed information. NBS will continue to monitor delinquencies and recommend the appropriate delinquency management actions to the City as needed.

NBS
Charmane Custodio, Administrator
Darrylanne Zarate, Project Manager
Pablo Perez, Client Services Director
City of Victorville
Fiscal Year 2023/24 Annual Report – CFD No. 2018-001 (Victorville Lead Track) 1

1. SB 165: LOCAL AGENCY SPECIAL TAX AND BOND

ACCOUNTABILITY ACT
Senate Bill 165, filed with the Secretary of State on September 19, 2000, enacted the Local Agency Special Tax and Bond Accountability Act (the “Act”). This Act requires that any local special tax or local bond measure subject to voter approval contain a statement indicating the specific purposes of the special tax, require that the proceeds of the special tax be applied to those purposes, require the creation of an account into which the proceeds shall be deposited, and require an annual report containing specified information concerning the use of the proceeds. The Act only applies to any local special tax measure or local bond measure adopted on or after January 1, 2001, in accordance with Section 50075.1 of the California Government Code.

Some of the requirements of the Act are handled at the formation of the Special Tax District and others are handled through annual reports. This Section of this report intends to comply with Section 50075.3 of the California Government Code that states:
“The chief fiscal officer of the issuing local agency shall file a report with its governing body no later than January 1, 2002, and at least once a year thereafter. The annual report shall contain both of the following:

1. The amount of funds collected and expended.

2. The status of any project required or authorized to be funded as identified in subdivision (a) of Section 50075.1.”
The requirements of the Act apply to the Funds for the following:

City of Victorville
CFD No. 2018-001 (Victorville Lead Track)
Purpose of Special Tax
The special tax provides funding for all or a portion of the direct and incidental costs of the maintenance, repair and replacement of the Victorville Lead Track, and related appurtenances within or adjacent to the District.

The project(s) are ongoing on an annual basis.

Collections and Expenditures
06/30/2022
Balance (1)
Amount
Collected (1)
Amount
Expended (1)
06/30/2023
Balance (1)Fund Name
Special Tax Fund $416,679.29 $140,236.96 $57,230.90 $499,685.35 (1) Balances are provided by the City.

City of Victorville
Fiscal Year 2023/24 Annual Report – CFD No. 2018-001 (Victorville Lead Track) 2

2. SPECIAL TAX ANALYSIS

2.1 Levy Summary
A summary of the levy for Fiscal Year 2023/24 is shown in the table and chart below.

Description Amount
Lead Track Capital and Maintenance $105,357.00
11,011.46
$116,368.46
5 Administrative Fees/Expenses (1)
Total Special Tax Levy Amount:

Levied Parcel Count
(1) Includes County collection fees and installment rounding for tax roll purposes.

FISCAL YEAR 2023/24 BUDGETAdministrative
Fees/Expenses
9%
Lead Track Capital
and Maintenance
91%
City of Victorville
Fiscal Year 2023/24 Annual Report – CFD No. 2018-001 (Victorville Lead Track) 3

2.2 Special Tax Rates
The Fiscal Year 2023/24 applied special tax rate and special tax levy are shown in the table below.

FY 2023/24
Land Use
Class
Parcel
Count
Applied Special
Tax Rate (2)
Total FY 2023/24
Special Tax Levy (3)Description of Class (1)
More than 100 rail car
deliveriesClass 1
Class 2
3 0
$33,404.03

0.00 $100,212.06

0.00More than 50 but less than or
equal to 100 rail car deliveries
Less than or equal to 50 rail car
deliveriesClass 3 2 8,078.21 16,156.40
Totals: 5 $116,368.46
(1) Parcels attached to the Victorville Lead Track rails are assigned to a usage category based on the number of annual rail car deliveries between May 1st through April 30th of the prior year. (2) Excludes the additional $0.30 per parcel charge by San Bernardino County. (3) Levy after county collection fees and installment rounding have been applied for tax roll purposes.

2.3 Annual Special Tax Rate Increase
The maximum special tax for future years is authorized to automatically increase based on the Special Tax Escalation Factor, which is the greater of the December to December annual change in the construction cost index for the Los Angeles region as published in the Engineering New Record or 2.0%. The Special Tax Escalation Factor from Fiscal Year 2022/23 to Fiscal Year 2023/24 was 9.30%.

City of Victorville
Fiscal Year 2023/24 Annual Report – CFD No. 2018-001 (Victorville Lead Track) 4

2.4 Special Tax Rate Comparison
The Fiscal Year 2023/24 maximum base special tax rates and applied base special tax rates compared to the prior year are shown below.

FY 2022/23
Applied Base
Special Tax
Rate
FY 2023/24
Applied Base
Special Tax
Rate
Maximum
Base Special
Tax Rate (1)
Maximum
Base Special
Tax Rate (1)
% Change in
Applied Base
Maximum Special Tax Rate (2)
Land Use
Class
% of
Maximum
% of
Per
Class 1 Assessor’s Parcel $7,390.87
7,390.87
7,390.87
$7,390.87
7,390.87
7,390.87
100.00%
100.00%
100.00%
$8,078.51
8,078.51
8,078.51
$8,078.51
8,078.51
8,078.51
100.00%
100.00%
100.00%

9.30%

9.30%
Class 2
Class 3
Assessor’s Parcel
Assessor’s Parcel
(1) Maximum Special Tax Rate increases by Special Tax Escalation Factor. (2) Represents the change between the current and prior year applied special tax rates.

The Fiscal Year 2023/24 maximum usage special tax rates and applied usage special tax rates compared to the prior year are shown below.

FY 2022/23
Applied Usage
Special Tax
Rate
FY 2023/24
Applied Usage
Special Tax
Rate (2)
Maximum
Usage Special
Tax Rate (1)
Maximum
Usage Special
Tax Rate (1)
% Change in
Applied Usage
Maximum Special Tax Rate (3)
Land Use
Class
% of
Maximum
% of
Per
Class 1 Assessor’s Parcel $30,795.33
24,636.26
18,477.19
$26,953.22

0.00 87.52%

0.00%

0.00%
$33,660.45
26,928.36
20,196.27
$25,325.82

0.00 75.24%

0.00%

0.00%
(6.04%)

0.00%

0.00%
Class 2
Class 3
Assessor’s Parcel
Assessor’s Parcel 0.00 0.00
(1) Maximum Special Tax Rate increases by Special Tax Escalation Factor. (2) No Applied Usage Special Tax was levied to Class 2 and 3 parcels. The Applied Usage Special Tax levied to all Class 1 parcels has satisfied the Special Tax Requirement for Fiscal Year 2023/24.
(3) Represents the change between the current and prior year applied special tax rates.

City of Victorville
Fiscal Year 2023/24 Annual Report – CFD No. 2018-001 (Victorville Lead Track) 5

APPENDIX A. DISTRICT BOUNDARY
The following page shows the District Boundary Map.

City of Victorville
Fiscal Year 2023/24 Annual Report – CFD No. 2018-001 (Victorville Lead Track) A

APPENDIX B. RATE AND METHOD OF APPORTIONMENT
The following pages show the Rate and Method of Apportionment of the Special Tax.

City of Victorville
Fiscal Year 2023/24 Annual Report – CFD No. 2018-001 (Victorville Lead Track) B

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR

CITY OF VICTORVILLE
COMMUNITY FACILITIES DISTRICT NO. 2018-001
(VICTORVILLE LEAD TRACK)
A Special Tax as hereinafter defined shall be levied on each Assessor's Parcel of Taxable Property within the City of Victorville Community Facilities District No. 2018-001 (Victorville Lead Track) (“CFD No. 2018-001”) and collected each Fiscal Year commencing in Fiscal Year 2018- 2019 in an amount determined by the CFD Administrator through the application of the Special Tax for Taxable Property as described below. All of the Taxable Property within CFD No. 2018- 001, unless exempted by law or by the provisions hereof, shall be taxed for the purposes to the extent and in the manner herein provided.

A. GENERAL DEFINITIONS
The terms hereinafter set forth have the following meaning:
“Acre or Acreage” means the land area of an Assessor’s Parcel as shown on County records, such as an Assessor’s Parcel Map and secured roll data, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable final subdivision map, condominium plan, record of survey, or other recorded document creating or describing the parcel. If the preceding maps for a land area are not available, the Acreage of such land area may be determined utilizing available spatial data and GIS. “Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter

2.5, Division 2 of Title 5 of the Government Code of the State of California. “Administrative Expenses” means the actual or reasonably estimated costs directly related to the administration of CFD No. 2018-001 including, but not limited to, the following: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the County, the City, or otherwise); the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; and the costs of the City, CFD No. 2018-001, or any designee thereof related to any appeal of the levy or application of the Special Tax. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2018-001 for any other administrative purposes, including, but not limited to, attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. “Assessor’s Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned Assessor’s Parcel number.
“Assessor’s Parcel Map” means an official map of the County Assessor of the County designating lots or parcels by an Assessor’s Parcel number. “Authorized Services” means the maintenance, services, and expenses authorized to be financed by CFD No. 2018-001.
“Capital and Maintenance Plan” means the Victorville Lead Track Capital and Maintenance Plan Executive Report prepared by Wilson & Company, dated May 19, 2015.

City of Victorville - Community Facilities District No. 2018-001 (Victorville Lead Track)
November 14, 2017

Page 1 ends

“CFD Administrator” means the City’s Deputy City Manager, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes.
“CFD No. 2018-001” means City of Victorville Community Facilities District No. 2018-001 (Victorville Lead Track).
“City” means the City of Victorville.
“City Council” means the City Council of the City, acting as the legislative body of CFD No. 2018-001.
“Class 1 Property” means an Original Property or Successor Property that has more than 100 railcars delivered per year. For purposes of determining the number of railcars delivered, the railcar calculation year shall be based on that period of time running from May 1st through the April 30th prior to the next Fiscal Year.
“Class 2 Property” means an Original Property or Successor Property that has less than or equal to 100 railcars and more than 50 railcars delivered per year. For purposes of determining the number of railcars delivered, the railcar calculation year shall be based on that period of time running from May 1st through the April 30th prior to the next Fiscal Year. “Class 3 Property” means an Original Property or Successor Property that has less than or equal to 50 railcars delivered per year. For purposes of determining the number of railcars delivered, the railcar calculation year shall be based on that period of time running from May 1st through the April 30th prior to the next Fiscal Year. “County” means the County of San Bernardino.
“Exempt Property” means all Assessors’ Parcels that are exempt from the Special Tax pursuant to Section G.
“Fiscal Year” means the period starting July 1 and ending on the following June 30. “Initial Special Tax” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Initial Special Tax Requirement. The Initial Special Tax may be levied in Fiscal Year 2018-2019 and Fiscal Year 2019-2020 only. “Initial Special Tax Requirement” means that amount of Initial Special Tax revenue required in Fiscal Year 2018-2019 and Fiscal Year 2019-2020 to pay for the track renewal line item identified as “90# track structure is upgraded” in the Capital and Maintenance Plan. The upgrade is scheduled in Year 2 at an estimated cost of $50,000. “Maximum Base Special Tax” means the maximum annual Base Special Tax, determined in accordance with the provisions of Section C, which may be levied in any Fiscal Year on any Assessor’s Parcel of Taxable Property.
“Maximum Initial Special Tax” means the maximum annual Initial Special Tax, determined in accordance with the provisions of Section C, which may be levied in Fiscal Year 2018-2019 and Fiscal Year 2019-2020 on any Assessor’s Parcel of Taxable Property.

City of Victorville - Community Facilities District No. 2018-001 (Victorville Lead Track)
November 14, 2017

Page 2 ends

“Maximum Special Tax” means the total annual Maximum Initial Special Tax, the Maximum Base Special Tax and the Maximum Usage Special Tax, which may be levied in any Fiscal Year on any Assessor’s Parcel of Taxable Property.
“Maximum Usage Special Tax” means the maximum annual Usage Special Tax, determined in accordance with the provisions of Section C, which may be levied in any Fiscal Year on any Assessor’s Parcel of Taxable Property.
“Other Property” means, for each Fiscal Year, all Assessor’s Parcels not classified as Original Property, Successor Property, or Exempt Property. “Ongoing Special Tax” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Ongoing Special Tax Requirement. “Ongoing Special Tax Requirement” means that amount of Ongoing Special Tax revenue required in any Fiscal Year to: (i) Pay Administrative Expenses; (ii) pay Authorized Services costs; (iii) pay any amounts required to establish or replenish any repair and contingency funds, capital improvement funds, or reserve funds related to the Authorized Services expenses; and (iv) pay for reasonably anticipated delinquent Base Special Taxes and Usage Special Taxes based on the delinquency rate for Base Special Taxes and Usage Special Taxes levied in the previous Fiscal Year; less (v) a credit for funds available to reduce the annual Base Special Tax levy and Usage Special Tax levy as determined by the CFD Administrator.
“Open Space Property” means property within the boundaries of CFD No. 2018-001 which (a) has been designated with specific boundaries and acreage on a final subdivision map as open space, or (b) is classified by the County Assessor as open space, or (c) has been irrevocably offered for dedication as open space to the federal government, the State of California, the County, the City, any other public agency, a private, non-profit organization, or (d) is encumbered by an easement or other restriction required by the City limiting the use of such property to open space.
“Original Property” means an Assessor’s Parcel of Taxable Property listed in the table of Attachment A to this Rate and Method of Apportionment.
“Proportionately” means for Taxable Property that the ratio of the special tax to the maximum special tax is equal for all Taxable Property levied within each classification (Class 1 Property, Class 2 Property, Class 3 Property) within CFD No. 2018-001. “Public Property” means any property within the boundaries of CFD No. 2018-001, which (a) is owned by a public agency, (b) has been irrevocably offered for dedication to a public agency, or (c) is designated with specific boundaries and acreage on a final subdivision map as property which will be owned by a public agency. For purposes of this definition, a public agency includes the federal government, the State of California, the County, the City, or any other public agency.
“Railcar Development” means a building or structure within CFD No. 2018-001 that has the infrastructure in place to receive the delivery of railcars, whether or not railcars are actually received by the building or structure.

City of Victorville - Community Facilities District No. 2018-001 (Victorville Lead Track)
November 14, 2017

Page 3 ends

“Special Tax” means the total annual Initial Special Tax, annual Base Special Tax and annual Usage Special Tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax Requirement.
“Special Tax Escalation Factor” means the greater of the December to December annual change in the construction cost index for the Los Angeles region as published in the Engineering New Record or 2%. In the event the construction cost index for the Los Angeles region as published in the Engineering News Record ceases to be published, another index shall be used, as determined by the CFD Administrator, that is reasonably comparable to the construction cost index for the Los Angeles region as published in the Engineering News Record.
“Special Tax Requirement” means the total amount of Special Tax revenue required in any Fiscal Year for CFD No. 2018-001 to fund the total Initial Special Tax Requirement and the Ongoing Special Tax Requirement.
“State” means the State of California.
“Successor Property” means an Assessor’s Parcel created by the subdivision or lot line adjustment from an Original Property. Once created, the Successor Property will be treated in the same manner as an Original Property in the creation of any additional Successor Properties from such Successor Property. Successor Property also includes Other Property and Assessor’s Parcel(s) annexed to CFD No. 2018-001 that obtain Railcar Development. “Taxable Property” means all of the Assessor’s Parcels within the boundaries of CFD No. 2018-001, identified in Attachment A, that are not exempt from the CFD No. 2018-001 Special Tax pursuant to law or Section G below.

B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, all Assessor’s Parcels within CFD No. 2018-001 shall be classified as Taxable Property or Exempt Property. Each Assessor’s Parcel of Taxable Property shall be further assigned as Original Property, Successor Property, or Other Property and shall be subject to the Maximum Special Tax.

C. MAXIMUM SPECIAL TAX
The Maximum Special Tax for Taxable Property is computed according to the formula shown below.

Maximum
Special Tax
Maximum Initial
Special Tax
Maximum Base
Special Tax
Maximum Usage
Special Tax= + +
City of Victorville - Community Facilities District No. 2018-001 (Victorville Lead Track)
November 14, 2017

Page 4 ends

1. Maximum Initial Special Tax
An Initial Special Tax shall be levied on Taxable Property during Fiscal Year 2018-2019 and Fiscal Year 2019-2020 only. Beginning with Fiscal Year 2020-2021, the Initial Special Tax shall cease to be levied.

The Fiscal Year 2018-2019 Maximum Initial Special Tax rate for Assessor’s Parcels designated as Original Property and Successor Property is $5,000 per Assessor’s Parcel and the Maximum Initial Special Tax rate for Assessor’s Parcels designated as Other Property is $0.

2. Maximum Base Special Tax
A Base Special Tax shall be levied on Taxable Property beginning Fiscal Year 2018-2019.

The Fiscal Year 2018-2019 Maximum Base Special Tax rate for Assessor’s Parcels designated as Original Property and Successor Property is $6,000 per Assessor’s Parcel and the Maximum Base Special Tax rate for Assessor’s Parcels designated as Other Property is $0.

3. Maximum Usage Special Tax
A Usage Special Tax shall be levied on Taxable Property beginning Fiscal Year 2018- 2019.

The Fiscal Year 2018-2019 Maximum Usage Special Tax rate for Assessor’s Parcels designated as Original Property and Successor Property is provided in the following table:

Usage
Land Use Category
Class 1 Property
Fiscal Year 2018-2019
Maximum Usage Special Tax
$25,000 per Assessor’s Parcel
Class 2 Property
Class 3 Property
$20,000 per Assessor’s Parcel
$15,000 per Assessor’s Parcel
The Fiscal Year 2018-2019 Maximum Usage Special Tax rate for Assessor’s Parcels designated as Other Property is $0.

4. Increase in Maximum Initial Special Tax, Maximum Base Special Tax and Maximum Usage Special Tax
On each July 1, commencing on July 1, 2019, the Maximum Initial Special Tax, the Maximum Base Special Tax and the Maximum Usage Special Tax shall be increased by the Special Tax Escalation Factor of the Maximum Initial Special Tax, the Maximum Base Special Tax and the Maximum Usage Special Tax amounts in effect for the previous Fiscal Year.

A list of Assessor’s Parcels and the total 2018-2019 Maximum Special Tax assigned is provided in Attachment A of this Rate and Method of Apportionment.

City of Victorville - Community Facilities District No. 2018-001 (Victorville Lead Track)
November 14, 2017

Page 5 ends

D. SUCCESSOR PROPERTY
When an Original Property changes or subdivides, the Maximum Special Tax shall be assigned to a Successor Property so that there is no net loss in the Maximum Special Tax revenue. The process for apportioning the Maximum Special Tax of the Original Property to the Successor Property is as follows:

Step 1: Identify the Assessor’s Parcel(s) created by the Original Property(ies) change or subdivision.

Step 2: Using County records, City records and land use development plans, identify the Assessor’s Parcel(s) that contains the Railcar Development that was previously assigned to the Original Property. This Assessor’s Parcel(s) shall be designated as the Successor Property and the Maximum Special Tax shall be assigned to this Successor Property.

Example 1: Parcel A is an Original Property with Railcar Development and subdivides into two new Assessor’s Parcels. Parcel B contains the Railcar Development and Parcel C is undeveloped land. The new Assessor’s Parcels would be classified as follows:

Parcel Parcel A Parcel B Parcel C
Undeveloped
Other Property
$0
Development
Status
Taxable Property
Designation
Maximum
Railcar
Development
Railcar
Development
Successor
Property
Assigned per
Section C
Subdivides
To:Original Property
Assigned per
Section CSpecial Tax
If additional Assessor’s Parcel(s) are created by the Original Property(ies) change or subdivision, that results in additional Railcar Development, then those Assessor’s Parcel(s) shall also be designated as a Successor Property(ies) and shall be assigned a Maximum Special Tax in accordance with Section C of this Rate and Method of Apportionment.

Example 2: Parcel A is an Original Property with Railcar Development and subdivides into three new Assessor’s Parcels. Parcel B contains the Original Property’s Railcar Development, Parcel C obtains new Railcar Development, and Parcel D is undeveloped land. The new Assessor’s Parcels would be classified as follows:

Parcel Parcel A Parcel B Parcel C Parcel D
Development
Status
Railcar Railcar Railcar UndevelopedDevelopment Subdivides Development Development Taxable Property
Designation
Maximum
Original
Property
Assigned per
Section C
To: Successor
Property
Assigned per Assigned per
Section C Section C
Successor
Property
Other
Property
$0Special Tax
Assessor’s Parcel(s) of Taxable Property that are created by the Original Property(ies) change or subdivision, and not assigned as Successor Property, shall be designated as Other Property.

City of Victorville - Community Facilities District No. 2018-001 (Victorville Lead Track)
November 14, 2017

Page 6 ends

Once created, if a Successor Property further changes or subdivides, the above steps shall be repeated to determine the Maximum Special Tax for each additional Successor Property created from the change or subdivision.

E. OTHER PROPERTY
If an Assessor’s Parcel that is designated as Other Property obtains Railcar Development, that Assessor’s Parcel shall be classified as Successor Property and assigned a Maximum Special Tax in accordance with Section C of this Rate and Method of Apportionment.

F. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2018-2019, and for each following Fiscal Year, the CFD Administrator shall determine the Special Tax Requirement and levy the Special Tax until the amount of Special Taxes equals the Special Tax Requirement. The Special Tax shall be levied each Fiscal Year as follows:

1. Initial Special Tax
The Initial Special Tax shall be levied Proportionately on each Assessor's Parcel of Taxable Property at a rate up to 100% of the applicable Maximum Initial Special Tax to satisfy the Initial Special Tax Requirement.

The Initial Special Tax shall only be levied during Fiscal Year 2018-2019 and Fiscal Year 2019-2020.

2. Ongoing Special Tax
First: The Ongoing Special Tax shall be levied Proportionately on each Assessor's Parcel of Taxable Property at a rate up to 100% of the applicable Maximum Base Special Tax to satisfy the Ongoing Special Tax Requirement.

Second: If additional monies are needed to satisfy the Ongoing Special Tax Requirement after the first step has been completed, the Ongoing Special Tax shall be levied Proportionately on all Class 1 Property at a rate up to 100% of the applicable Class 1 Property Maximum Usage Special Tax to satisfy the Ongoing Special Tax Requirement.

Third: If additional monies are needed to satisfy the Ongoing Special Tax Requirement after the second step has been completed, the Ongoing Special Tax shall be levied Proportionately on all Class 2 Property at a rate up to 100% of the applicable Class 2 Property Maximum Usage Special Tax to satisfy the Ongoing Special Tax Requirement.

Fourth: If additional monies are needed to satisfy the Ongoing Special Tax Requirement after the third step has been completed, the Ongoing Special Tax shall be levied Proportionately on all Class 3 Property at a rate up to 100% of the applicable Class 3 Property Maximum Usage Special Tax to satisfy the Ongoing Special Tax Requirement.

City of Victorville - Community Facilities District No. 2018-001 (Victorville Lead Track)
November 14, 2017

Page 7 ends

G. EXEMPTIONS

1. The CFD Administrator shall classify the following as Exempt Property: Public Property, Open Space Property, and Assessor’s Parcels with public or utility easements making impractical their utilization for any use other than the purposes set forth in the easement.

2. If the use of an Assessor's Parcel changes so that such Assessor's Parcel is no longer classified as Exempt Property pursuant to Section G.1 above, such Assessor's Parcel shall cease to be classified as Exempt Property and shall be deemed to be Taxable Property.

H. ANNEXATIONS
If Assessor’s Parcel(s) annex to CFD No. 2018-001, the Assessor’s Parcel(s) shall be designated as Taxable Property or Exempt Property. Each Assessor’s Parcel of Taxable Property shall be further assigned as Successor Property if the Assessor’s Parcel has Railcar Development or Other Property if the Assessor’s Parcel does not have Railcar Development.

Successor Property and Other Property shall be subject to the Maximum Special Tax in accordance with Section C of this Rate and Method of Apportionment.

I. REVIEW/APPEALS
The CFD Administrator may establish such procedures, as it deems necessary to undertake the review of any such appeal. The CFD Administrator shall interpret this Rate and Method of Apportionment and make determinations relative to the annual administration of the Special Tax and any landowner or tenant appeals, as herein specified.

Any landowner or tenant who feels that the amount of the Special Tax levied on their Assessor’s Parcel is in error shall first consult with the CFD Administrator regarding such error. If, following such consultation, the CFD Administrator determines that an error has occurred, the CFD Administrator may amend the amount of the Special Tax levied on such Assessor’s Parcel. If following such consultation and action (if any by the CFD Administrator), the landowner or tenant believes such error still exists, such person may file a written notice with the Deputy City Manager appealing the amount of the Special Tax levied on such Assessor's Parcel. If following such consultation and action (if any by the Deputy City Manager), the landowner or tenant believes such error still exists, such person may file a written notice with the City Council appealing the amount of the Special Tax levied on such Assessor's Parcel. The decision of the City Council shall be final and binding to all persons.

J. INTERPRETATIONS
Interpretations may be made by the CFD Administrator. If necessary, interpretations may be made by the City Council, by ordinance or resolution, for purposes of clarifying any vagueness or ambiguity as it relates to this Rate and Method of Apportionment.

City of Victorville - Community Facilities District No. 2018-001 (Victorville Lead Track)
November 14, 2017

Page 8 ends

K. MANNER OF COLLECTION
The annual Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD No. 2018-001, may, at the sole discretion of the City, directly bill the Special Tax, may collect the Special Taxes at a different time or in a different manner as necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on Assessor's Parcels of Taxable Property that are delinquent in the payment of Special Taxes.

L. PREPAYMENT OF SPECIAL TAX
The Maximum Special Tax may not be prepaid and shall continue to be levied in accordance with Section F of this Rate and Method of Apportionment on an annual basis on all Taxable Property in CFD No. 2018-001.

M. REPEAL OF SPECIAL TAX
If the levy of the Special Tax is repealed by initiative or any other action participated in by the owners of Assessor’s Parcels in CFD No. 2018-001, the City shall cease to levy the Special Tax and shall cease to be obligated to provide the Authorized Services for which the Special Tax was levied. The obligations to provide the Authorized Services previously funded by the repealed Special Tax shall become the joint obligations of the property owners of Assessor’s Parcels within CFD No. 2018-001.

N. TERM OF SPECIAL TAX
The Maximum Special Tax shall be levied commencing in Fiscal Year 2018-2019 and shall be levied in perpetuity, unless and until such time the City determines that revenues are no longer needed to pay the Special Tax Requirement.

City of Victorville - Community Facilities District No. 2018-001 (Victorville Lead Track)
November 14, 2017

Page 9 ends

ATTACHMENT A
Maximum Special Tax
(Fiscal Year 2018-2019)
2018-2019
Land Usage
Class
2018-2019
Maximum Initial
Special Tax(1)
2018-2019
Maximum Base
Special Tax(1)
2018-2019
Maximum Usage
Special Tax(1)
2018-2019
Maximum
Special Tax
Assessor’s
Parcel Number
Original Property:
3090-571-04-0000
3090-571-06-0000
3090-571-07-0000
3091-191-13-0000
3091-191-23-0000
Totals:

Class 1
Class 3
Class 2
Class 3
Class 3
$5,000.00
5,000.00
5,000.00
5,000.00
5,000.00
$25,000.00
$6,000.00
6,000.00
6,000.00
6,000.00
6,000.00
$30,000.00
$25,000.00
15,000.00
20,000.00
15,000.00
15,000.00
$90,000.00
$36,000.00
26,000.00
31,000.00
26,000.00
26,000.00
$145,000.00
Other Property:
3090-401-07-0000
3090-401-08-0000
3090-411-02-0000
3090-411-03-0000
3090-531-02-0000
3090-531-03-0000
3090-531-04-0000
3090-551-02-0000
3090-551-04-0000
3090-551-05-0000
3090-551-06-0000
3090-551-07-0000
3090-571-17-0000
3091-191-05-0000
3091-191-14-0000
Totals:

N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
$0.00

0.00 0.00

0.00 0.00
$0.00
$0.00

0.00 0.00

0.00 0.00
$0.00
$0.00

0.00 0.00

0.00 0.00
$0.00
$0.00

0.00 0.00

0.00 0.00
$0.00
City of Victorville - Community Facilities District No. 2018-001 (Victorville Lead Track)
November 14, 2017

Page 10 ends

ATTACHMENT A
Maximum Special Tax
(Fiscal Year 2018-2019)
2018-2019
Land Usage
Class
2018-2019
Maximum Initial
Special Tax(1)
2018-2019
Maximum Base
Special Tax(1)
2018-2019
Maximum Usage
Special Tax(1)
2018-2019
Maximum
Special Tax
Assessor’s
Parcel Number
Public Property:
3090-401-05-0000
3090-401-06-0000
3090-411-01-0000
3090-411-04-0000
3090-411-05-0000
3090-571-10-0000
3090-571-16-0000
Totals:

N/A
N/A
N/A
N/A
N/A
N/A
N/A
$0.00

0.00 0.00

0.00 0.00
$0.00
$0.00

0.00 0.00

0.00 0.00
$0.00
$0.00

0.00 0.00

0.00 0.00
$0.00
$0.00

0.00 0.00

0.00 0.00
$0.00
(1) On each July 1, commencing on July 1, 2019, the Maximum Initial Special Tax, the Maximum Base Special Tax and the Maximum Usage Special Tax shall be increased by an amount equal to the Special Tax Escalation Factor of the Maximum Initial Special Tax, the Maximum Base Special Tax and the Maximum Usage Special Tax amounts in effect for the previous Fiscal Year.

City of Victorville - Community Facilities District No. 2018-001 (Victorville Lead Track)
November 14, 2017

Page 11 ends

APPENDIX C. DELINQUENCY SUMMARY REPORT
The following page shows the current Delinquency Summary Report.

City of Victorville
Fiscal Year 2023/24 Annual Report – CFD No. 2018-001 (Victorville Lead Track) C

City of Victorville
Delinquency Summary Report
As of: 06/30/2023
Delinquent
Amount %
Billed
Installments
Paid
Installments
Delinquent
Installments
Delinquent
Installments %
Billed
Amount
Paid
Amount
Delinquent
AmountDistrict Due Date
CFD No. 2018-001 - CFD No. 2018-001 (Victorville Lead Track) 08/01/2018 Billing:
12/10/2018
04/10/2019
Subtotal:
$72,499.23
$72,499.23
$144,998.46
$72,499.23
$72,499.23
$144,998.46
$0.00
$0.00
$0.00

0.00%

0.00%
27 27
54 5
5 0
0 0

0.00%

0.00%10
08/01/2019 Billing:
12/10/2019 $72,921.92
$72,921.92
$145,843.84
$72,921.92
$72,921.92
$145,843.84
$0.00
$0.00
$0.00

0.00%

0.00%
27 27
54 5
5 0
0 0

0.00%

0.00%
04/10/2020
Subtotal: 10
08/01/2020 Billing:
12/10/2020 $58,438.24
$58,438.24
$116,876.48
$58,438.24
$58,438.24
$116,876.48
$0.00
$0.00
$0.00

0.00%

0.00%
27 27
54 5
5 0
0 0

0.00%

0.00%
04/10/2021
Subtotal: 10
08/01/2021 Billing:
12/10/2021 $58,502.24
$58,502.24
$117,004.48
$58,502.24
$58,502.24
$117,004.48
$0.00
$0.00
$0.00

0.00%

0.00%
27 27
54 5
5 0
0 0

0.00%

0.00%
04/10/2022
Subtotal: 10
08/01/2022 Billing:
12/10/2022 $58,906.23
$58,906.23
$117,812.46
$58,906.23
$58,906.23
$117,812.46
$0.00
$0.00
$0.00

0.00%

0.00%
28 28
56 5
5 0
0 0

0.00%

0.00%
04/10/2023
Subtotal: 10
CFD No. 2018-001 Total:

Agency Grand Total:
$642,535.72
$642,535.72
$642,535.72
$642,535.72
$0.00
$0.00

0.00%

0.00%
272
272
50 50
0 0

0.00%

0.00%
Copyright © 2012 by NBS Page 1 of 1 08/28/2023 02:28:45PM

APPENDIX D. FINAL BILLING DETAIL REPORT
The following page shows the Final Billing Detail Report for Fiscal Year 2023/24.

City of Victorville
Fiscal Year 2023/24 Annual Report – CFD No. 2018-001 (Victorville Lead Track) D

City of Victorville
CFD No. 2018-001 (Victorville Lead Track)
Final Billing Detail Report for Fiscal Year 2023/24
Maximum Usage
Tax
Levied Class 1
Usage
Levied Class 2
Usage
Levied Class 3
Usage
Total Special Tax
Levy (1)APN Class Maximum Base Tax Levied Base Tax
3090-571-04-0000
3090-571-06-0000
3090-571-07-0000
3091-191-13-0000
3091-191-23-0000
Class 1
Class 1
Class 1
Class 3
Class 3
$8,078.50
$8,078.50
$8,078.50
$8,078.50
$8,078.50
$33,660.45
$33,660.45
$33,660.45
$20,196.27
$20,196.27
$8,078.50
8,078.50
8,078.50
8,078.50
8,078.50
$25,325.83
25,325.83
25,325.83

0.00 $0.00

0.00 0.00

0.00 0.00
$0.00

0.00 0.00

0.00 0.00
33,404.02
33,404.02
33,404.02
8,078.20
8,078.200.00
5 Accounts $40,392.50
$40,392.50
$141,373.89
$141,373.89
$40,392.50
$40,392.50
$75,977.49
$75,977.49
$0.00
$0.00
$0.00
$0.00
$116,368.46
116,368.465 Total Accounts
Slight variances may occur due to rounding
(1) Excludes the additional $0.30 per parcel charge by San Bernardino County.

Copyright © 2013 by NBS Page 1 of 1 08/28/2023 02:24:35PM Item Number: 14
City Council / Board of Directors
Written Communications
Meeting of: December 19, 2023
Submitted By:

Jennifer Thompson, City Clerk

Subject:

Appointment of Mayor
Recommendation:

That Your Honorable City Council direct the City Clerk to open nominations for the office of Mayor, take nominations, announce the outcome of the vote and declare the appointment upon a majority vote of the Council.

Fiscal Impact:

There is no fiscal impact associated with this item.

Background:

On October 3, 2017, the City Council adopted Resolution No. 17-056 adopting the City Council Policy and Procedure Manual (Manual) which created a centralized and comprehensive set of rules, policies and procedures governing the conduct of City Council meetings and the carrying out of the day-to-day business of the City of Victorville.

Chapter 1, Section II B of the Manual provides that the Manual be reviewed at least biennially and may be revised by resolution of the City Council. To date, revisions to the Manual have regularly occurred, with the latest revision, Resolution No. 23-030 adopted on May 16, 2023.

Discussion:

As part of the Manual, Chapter 2, Section II Council Election and Governance, spells out the process for the appointment of the offices of Mayor and Mayor Pro Tem as follows:
“The City of Victorville is governed by a five-member City Council elected to four-year terms on a staggered basis. Councilmembers are elected in the general election in November of even-numbered years. The Mayor and Mayor Pro Tem will be appointed by a majority vote of the entire membership of the City Council. The City Council shall appoint the Mayor and Mayor Pro Tem for one-year terms at the first regular meeting in December of every 2 3
3 7
year or as soon thereafter as feasible and, when applicable, following the certification of election results and seating of new City Councilmembers. The newly-appointed Mayor and Mayor Pro Tem assume their positions immediately following the majority vote.

The nomination and appointment procedure for the offices of Mayor and Mayor Pro Tem shall be conducted in successive order and as shown below.

1. The City Clerk receives up to one nomination per Councilmember until no further nominations are forthcoming. Seconds are not required.

2. The City Clerk closes nominations.

3. The City Clerk calls on each Councilmember to cast by verbal vote the name of his/her nominee of choice.

4. The City Clerk announces the outcome of the vote and declares the appointment upon a majority vote of the full membership.

5. If an appointment is not confirmed, the City Clerk repeats the foregoing procedure once more on the prospect of the City Council reaching agreement.

The newly-appointed Mayor shall preside over the process for the office of Mayor Pro Tem, unless he/she prefers the City Clerk facilitate the appointment.

Should the City Council be unsuccessful in its appointment efforts, whether it be by insufficiency of votes or failed action pursuant to Chapter 5, Section R, Tie Votes, the item shall be reconsidered during the next regular City Council meeting in expectation of securing the requisite consensus of the full body. If such consensus is not gained after the second consecutive Council meeting during which one or more appointments were considered, the sitting Mayor and/or Mayor Pro Tem, as applicable, shall remain in office until the next annual organizational meeting.”
On December 5, 2023, due to Tie Votes, the City Council was unsuccessful in appointing a Mayor for the upcoming 2024 year. Pursuant to the aforementioned City Council Policy and Procedure Manual, Chapter 2, Section II Council Election and Governance, this item is being presented to the City Council for reconsideration in an effort to secure an appointment to the office of Mayor. Staff remains available for any questions or comments you may have.

Attachments: None
Item Number: 15
City Council / Board of Directors
Written Communications
Meeting of: December 19, 2023
Submitted By:

Keith C. Metzler, City Manager

Subject:

Memorandum of Understanding with the Victor Elementary School District for One (1) Additional School Resource Officer
Recommendation:

That Your Honorable City Council:
(1) Approve the Memorandum of Understanding (MOU) by and between the City of Victorville and the Victor Elementary School District (VESD) for one (1) additional School Resource Officer (SRO);
(2) Authorize the City Manager or his designee to process all documents required for the agreement; and
(3) Approve Resolution 23-103 amending the annual budget for Fiscal Year 2023-2024 for increased revenues in the amount of $154,102.85 for such agreement.

Fiscal Impact:

The additional SRO for VESD is an increase of $154,102.85 from the previous MOU. The VESD will reimburse the City for their respective share of costs for one (1) additional SRO at 100% in the Police Reimbursement account (1002001-47230-50012).

Strategic Plan Goal:

This item aligns with Goal B: Public Safety – focus on implementing public safety strategies to support a thriving and growing community.

Background:

In September of 2023, the VESD requested to add one (1) additional SRO, increasing the SROs assigned to the District to four (4). The SRO assigned to VESD will provide additional support to all the schools within the District by proactively supporting and maintaining safe and secure school campuses. This additional SRO will not be assigned to one specific school but instead will be assigned to the VESD for monitoring after-school programs and traffic enforcement.
3 4
0 5
Discussion:

The MOU with VESD will commence on January 3, 2024, and remain in effect through June 30, 2024. The attached MOU with VESD represents the SRO working in and around the District to provide a safer learning environment. The MOU serves as the mechanism to gain reimbursement for using said services, effectively offsetting the San Bernardino County Sheriff’s Contract. VESD has agreed to fund this position at 100% of the cost. The MOU with VESD will pay 100% of the cost to provide one (1) additional San Bernardino County Sheriff’s Deputy, the cost of one (1) additional Marked Unit, one (1) additional HT Radio, vehicle and maintenance and other administrative expenses in the amount of $154,102.85 for the remaining fiscal year.

The cost for the additional SRO is calculated from the San Bernardino County Sheriff’s Contract between the San Bernardino County Sheriff’s Department and the City. Although the Schedule A is not being amended for an additional SRO, the SRO assigned to VESD will be shifted from the Patrol Division for monitoring after-school programs and traffic enforcement.

Staff recommends that the Honorable City Council approve the MOU by and between the City of Victorville and the VESD for one (1) additional SRO, authorize the City Manager or his designee to process all documents required for the agreement and approve Resolution 23-103. Staff remains available for any questions or comments you may have.

Attachments: A. Memorandum of Understanding with the Victor Elementary School District
B. Resolution No. 23-103
Attachment A
Memorandum of Understanding with the
Victor Elementary School District

A MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF VICTORVILLE hereinafter referred to as “CITY”,
AND THE VICTOR ELEMENTARY SCHOOL DISTRICT, hereinafter
referred to as “DISTRICT” AGREEING TO THE

FUNDING OF FOUR SCHOOL RESOURCE OFFICERS
WHEREAS, the School Resource Officers (SRO) at the DISTRICT will assist in all school safety issues while acting as liaison between the school and the police department; and, WHEREAS, the description of General Duties for the SRO includes:

1. Enforcement of all criminal law violations on and around the school campus

2. Enforcement of all traffic laws on and around the school campus

3. Initiation and maintenance of a campus based anti-violence program (i.e., Conflict Resolution Program, Youth-at-Risk Diversion Program, etc.)

4. Truancy prevention and enforcement program

5. When requested, assist the school with enforcement of school rule violations and related Education Code violations (i.e., dress code, on-campus truancy, etc.); and, WHEREAS, the SRO is of great benefit to the School and the student body by ensuring a safer crime-free school environment. This position is also beneficial to the Victorville Police Department. The SRO can establish and maintain crime prevention and community relation programs within the school. The SRO may be of unlimited benefit in identifying local gang members and other members of the student body who are involved in criminal activity outside the school. The SRO may be able to identify suspects and locate witnesses and informants to share potential valuable information, which may result in solving crime; and, WHEREAS, the SRO reports to the Administrative Sergeant who reports to the Lieutenant who in turn reports to the Captain. The SRO is first and foremost a uniformed law enforcement officer charged with providing police services on DISTRICT property. The SRO will keep the Administrative Sergeant and school administrators apprised of activities. Reports are to be submitted in a timely manner as required per department policy and procedures.

WHEREAS, the CITY, through its police department will assign four full-time sworn deputies to the DISTRICT. The sworn deputies will be fully trained and POST certified prior to being assigned to the SRO position. The SRO will spend 100% of their time working in and around the VICTOR ELEMENTARY SCHOOL DISTRICT SCHOOLS in the city of Victorville.

WHEREAS, the addition of the SRO at schools within the DISTRICT will be of invaluable assistance to the schools, and the community as a whole, in providing a safer community and a higher quality learning environment. While at the same time, this position will provide the police department with a means of creating a positive relationship with students and further enhancing the police department’s community policing efforts; and,
WHEREAS, the DISTRICT agrees to pay the cost of four (4) San Bernardino County Sheriff’s Deputies to be assigned to the DISTRICT to serve as SRO; and,
WHEREAS, the cost to provide said deputies and vehicles is $925,916.48 NOW, THEREFORE, the CITY and the DISTRICT agree as follows:

That the DISTRICT will pay the CITY 75% of the cost to provide two (2) San Bernardino County Sheriff’s Deputies, 100% of the cost of one (1) San Bernardino County Sheriff’s Deputy, and the cost, including fuel and maintenance, of two (2.5) vehicles, calculated as follows:
(2.50) School Resource Officer $ 592,012.50 1
(2.50) Marked Police Vehicle $ 48,287.91 2
Dispatch Services $ 46,621.86 1
HT $ 3,492.50
Taser (Cost recovered over 5 years) $ 840.00
Vehicle Insurance $ 2,727.10
Vehicle Fuel & Maintenance $ 12,767.68
Administrative Support $ 3,977.77
Personnel Liability & Bonding $ 48,211.12
County Administrative Cost $ 8,945.20
Workers’ Comp Experience Modification $ 3,930.00 Total Cost $ 771,813.63
1st and 2nd payment due August 14, 2023: ($64,317.80 ea.) $ 128,635.60 3rd through 12th payments due the 4th of each month: $ 64,317.80 That the DISTRICT will pay the CITY 100% of the cost to provide one (1) San Bernardino County Sheriff’s Deputy and the cost including fuel and maintenance of one (1) vehicle, calculated as follows:
(1) School Resource Officer $ 118,402.50 1
(1) Marked Police Vehicle $ 9,657.58 2
Dispatch Services $ 9,324.37 1
HT $ 698.50
Taser (Cost recovered over 5 years) $ 168.00
Vehicle Insurance $ 545.42
Vehicle Fuel & Maintenance $ 2,293.66
Administrative Support $ 795.55
Personnel Liability & Bonding $ 9,642.22
County Administrative Cost $ 1,789.04
Workers’ Comp Experience Modification $ 786.00 Total Cost $ 154,102.85
1st and 2nd payment due February 14, 2024: ($25,683.81 ea.) $ 51,367.62 3rd through 6th payments due the 4th of each month: $ 25,683.81 Overtime incurred will be billed and the DISTRICT will pay the CITY the cost of those expenses.

The CITY will provide an invoice each month to the DISTRICT for the monthly cost stated above and the DISTRICT agrees to remit the amount due within 30 days.

The DISTRICT agrees to pay any moderate increases, or other monetary changes, that may occur during the term of the Agreement as a result of inflation or other changes in the personnel costs related to this deputy position.

This agreement shall commence January 3, 2024, and remain in effect until June 30, 2024.

APPROVED AND ADOPTED:

City of Victorville Victor Elementary School District
Date: Date:

Attachment B
Resolution No. 23-103
RESOLUTION NO. 23-103

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR 2023-2024; APPROVING AN INCREASE

IN REVENUE
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, were 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, notification of an increase in the amount of One Hundred Fifty-Four Thousand, One Hundred Two Dollars and Eighty- five Cents ($154,102.85), relative to an additional School Resource Office for Victor Elementary School District (VESD); and
WHEREAS, on September 22, 2023, VESD inquired of adding one additional SRO, increasing the SRO’s assigned to the District to four (4); and WHEREAS, the City Council wishes to amend the annual budget as set forth in this Resolution No. 23-103 to provide for an increase in revenues associated with the addition of one SRO assigned to VESD;
WHEREAS, the City Manager or his designee will provide all necessary justification for the budget amendment as an attachment to this resolution or in the associated City Council agenda report.

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

SECTION 1. That the annual budget for fiscal year 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.

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

Account Amount Adjusted
1002001-47230-50012
(Police Reimbursement VESD SRO) Increase by $154,102.85 SECTION 3. This Resolution shall take effect immediately upon its adoption.

Item Number: 16
City Council / Board of Directors
Written Communications
Meeting of: December 19, 2023
Submitted By:

Jorge Duran, Code Enforcement Official

Subject:

Extension of Sunset Date for Certain Temporary Fee and Penalty Waivers For Animal Care and Control Pursuant to Section 7.04.055 of Chapter 7.04, Title 7 of the Victorville Municipal Code
Recommendation:

That the Honorable City Council adopt Resolution No. 23-102, extending the sunset date of certain temporary fee and penalty waivers associated with the licensing and impoundment of dogs and cats in the city to June 30, 2024, pursuant to Section 7.04.055 of Chapter 7.04, Title 7 of the Victorville Municipal Code.

Fiscal Impact:

Due to the proposed extension for fee waivers, a continued decrease in revenues is expected through June 30, 2024, and the FY 2023/2024 budget will be updated accordingly during the mid-year review. Except as specifically called out as a fee waiver or temporary suspension, Animal Care and Control fees will adhere to the City-Wide Comprehensive User Fee Study under Resolution No. 22-055 approved by the City Council on June 7, 2022, or as updated by subsequent Council resolution.

Strategic Plan Goal:

This item aligns with Goal B: Public Safety in that it allows continued focus on animal services and the proposed extension of the sunset date for temporary fee and penalty waivers will continue helping to increase animal licensing and microchipping, facilitate animal reunification with pet owners and allow more time to implement plans for a City animal shelter to meet community needs.

Background:

On April 1, 2023, the City of Victorville (“City”) was served with a notice from the City’s long time contact animal shelter provider, Victor Valley Animal Protection League (“VVAPL”), advising of their intent to permanently terminate animal shelter services 3 4
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effective April 30, 2023. On average, VVAPL processed 5,000-6,000 stray, seized, or relinquished cats/dogs annually and provided adoption services to all Victor Valley residents, including processing licensing, spay/neuter, and shelter veterinarian services for adopted animals residing within the City of Victorville.

As a result, the Animal Care and Control Division of the City’s Code Compliance Department established a temporary animal shelter and pet adoption center at existing facilities to prioritize the care of animals, ensure a safe work environment for City staff and expand public outreach efforts to promote the adoption of animals.

Concurrently, staff began to identify long-term solutions for a permanent animal shelter.

A facility has been identified, and staff is working to finalize a lease with the Victor Valley Union High School District to establish an animal shelter at the old Mavericks School site located on E Street.

On June 6, 2023, the City Council adopted Urgency Ordinance 2439 and Ordinance 2440 to temporarily suspend certain animal licensing and shelter impound fees to incentivize animal owners to license, vaccinate, microchip, and reclaim their stray cats and dogs and ease economic hardship. These measures were taken to help avoid over-crowding and unhealthy conditions from developing in the City’s temporary animal shelter and permit lost pets to be more quickly reunited with their owners, which helps reduce the length of shelter stays. To manage limited animals shelter capacity, the Ordinance also provided flexibility to manage the available kennel space at the emergency animal shelter by suspending the mandatory pick up of unwanted animals. Staff have provided residents with alternative options to rehome unwanted pets through online animal shelter and rescue services.

Though the adoption of the urgency Ordinance 2439 made changes effective immediately, Ordinance No. 2440 (Attachment B) was also adopted to revise and codify the following sections of the VMC: 7.04.050(9), 7.04.060, 7.04.065, 7.04.100, 7.04.130,

7.04.140, 7.04.150, 7.04.160, 7.04.280, 7.04.290, 7.04.300, 7.05.040, 7.05.050,

7.05.060, 7.05.110, 7.05.120, and add a new Section 7.04.055 to Title 7 to establish an animal license fee waiver for newly licensed dogs willing to be microchipped. Section

7.04.055 of Chapter 7.04, Title 7 of the VMC allows the City Council to extend the fee and penalty waivers beyond December 31, 2023, by ordinance or resolution.

Discussion:

Following the adoption of Ordinance No. 2440 in June 2023, Animal Care and Control staff have continued to explore alternative animal shelter options and made additional operational changes to accommodate the operation of the emergency animal shelter within the City’s auxiliary equipment and processing facility located at 14154 Palmdale Road (pictures included as Attachment C). Staff also established an animal adoption center operated from the Animal Care and Control Office located at 14206 Amargosa Rd. (pictures included as Attachment D). The City has also added Animal Shelter Technicians to assist with animal care and facility cleaning operations at both facilities. The three part- time Animal Shelter Technicians were brought in through a temporary employment 3 4
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agency (ICR, Inc), have prior animal shelter experience, and are acquainted with our City’s field operations. The Animal Shelter Technicians are assigned to clean the kennels and care for the animals, including feeding and walking of the animals to ensure the animals receive exercise.

The temporary animal shelter facility on Palmdale Rd contains 64 dog kennels and 15 catteries along with needed sanitation supplies, equipment, pet food, blankets and pet beds to support a temporary operation and ensure the wellbeing of animals sheltered at this facility. This facility can accommodate up to 105 animals allowing for smaller animals to be kenneled together subject to acquaintance or good temperament.

The temporary animal adoption facility on Amargosa contains 20 dog kennels and 6 catteries and is equally equipped to support our adoption operation. 12 of the 20 dog kennels contain their own above ground drainage and plumbing system for ease of cleaning and the remaining 8 kennels are sanitized and maintained daily by staff. The animal adoption area is open to the public during work week hours of 7:00 a.m. – 4:00 p.m., and on Saturdays from 11:00 a.m. – 2:00 p.m. Additionally, Animal Care and Control staff partner with local retailers such as The Home Depot and the Farmer’s Market located at Victor Valley College to host off-site adoption events, all of the which have been highly successful and drawn attention to our Pet Adoption Center on Amargosa.

The following are year-to-date statistics through December 1, 2023:
• 155 animals have been adopted.
• 96 animals have been relocated to 21 rescues.
• 39 adoption events have been held.
• Over 900 animals have been microchipped.
• 3,685 dog licenses have been issued.
• The average number of animals in our care at any given time is 75.

Animal Care and Control staff are working with City Building and Facilities staff to establish a site plan to repurpose the old Mavericks school site on E street. Plans include repurposing the existing administrative building to support field operations, establish animal quarantine and isolation areas for vicious animals consisting of approximately 30 kennels, the development of a veterinarian and grooming suite and laundry areas. The modular class rooms will be utilized as administrative shelter and adoption operations, shelter and care for cats, allow for Trap Neuter and Release programs (TNR) and storage for pet food and shelter supplies. Staff are also evaluating the addition of a large, air- conditioned, metal building that could provide approximately 100 indoor kennels in addition to exterior kennels and a designated area to shelter equestrian animals. The site will also maintain most of the grass areas to be designated as pet bonding areas.

City staff are recommending the adoption of Resolution 23-102 (Attachment A) to extend the sunset date of certain temporary fee and penalty waivers associated with the licensing and impoundment of dogs and cats in the city to June 30, 2024. Doing so will facilitate the continued care and intake of animals at the City’s emergency animal shelter and will 3 4
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provide Animal Care and Control staff with needed flexibility to continue with temporary animal shelter and adoption operations until the long-term facility is operational.

Staff remain available for any questions or comments the City Council may have.

Attachments: A. Resolution 23-102
B. Adopted Ordinance Nos. 2439 and 2440
C. Pictures of the Temporary Animal Shelter
D. Pictures of the Temporary Animal Adoption Center
1 ATTACHMENT A
2 RESOLUTION NO. 23-102

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

VICTORVILLE, CALIFORNIA, EXTENDING THE SUNSET DATE OF

CERTAIN TEMPORARY FEE AND PENALTY WAIVERS ASSOCIATED

WITH THE LICENSING AND IMPOUNDMENT OF DOGS AND CATS IN
THE CITY TO JUNE 30, 2024, PURSUANT TO SECTION 7.04.055 OF CHAPTER 7.04, TITLE 7 OF THE VICTORVILLE MUNICIPAL CODE WHEREAS, on June 6, 2023, the City Council of the City of Victorville (“City Council”) passed, approved, and adopted Urgency Ordinance No. 2439 to address an imminent lack of animal sheltering capacity and facilities in the City of Victorville (“City”) created by the unexpected closing of the Victor Valley Animal Protective League’s animal shelter in the City on April 30, 2023; and
WHEREAS, Urgency Ordinance No. 2439 was later reinforced by the passage of regular Ordinance No. 2440, which became effective on July 20, 2023; and WHEREAS, among other things, the aforementioned ordinances added provisions to Chapter 7.04 of Title 7 of the Victorville Municipal Code (“VMC”) providing for the temporary waiver of certain fees and penalties associated with the licensing and impoundment of cats and dogs in the City to ensure that the City’s newly established Emergency Shelter was not stretched beyond its current capacity or overloaded to the point that sheltering conditions could endanger the health and welfare of the animals being sheltered, as well as those persons providing for their care; and WHEREAS, while City Staff have made significant progress in alleviating the shelter capacity/facility conditions by identifying a viable location and working to finalize a lease for premises to serve as a larger and more permanent animal shelter in the City, the City still must undertake the design and construction of improvements to the premises before sheltering operations can fully commence; and
WHEREAS, Section 7.04.055 of Chapter 7.04 of Title 7 of the VMC currently states that the waivers of the fees and penalties provided for therein will automatically expire on December 31, 2023, unless the City Council takes action by ordinance or resolution to extend said fee and late penalty waivers beyond the end of 2023; and
WHEREAS, City Staff have indicated that the waivers of fees and penalties currently is place have aided the City in alleviating overcrowding at the Emergency Shelter and led to an increase in the number of pet owners seeking licensing and microchipping of their pets; and WHEREAS, based upon the above recitals, the City Council has determined that extending the current waivers through June 30, 2024 by adopting this Resolution is necessary to preserve the health, safety, and welfare of the residents and pets of the City. 3 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Section 1.That the recitals and findings set forth above are true and correct and are hereby incorporated and made part of this Resolution by this reference.

Section 2. That all of the temporary fee and penalty waivers currently specified in Section

7.04.055 of Chapter 7.04 of Title 7 of the Victorville Municipal Code shall be extended through June 30, 2024 and shall automatically expire as of that date, unless the City Council takes action by resolution or ordinance to further extend them beyond June 30, 2024.

Section 3.That this Resolution shall be effective as of the date of adoption.

Section 4.That the City Clerk shall certify to the passage and adoption of this Resolution.

ATTACHMENT C

ATTACHMENT D

Item Number: 17
City Council / Board of Directors
Written Communications
Meeting of: December 19, 2023
Submitted By:

Jennifer Thompson, City Clerk

Subject:

Possible cancellation of the Regular City Council Meeting of January 2, 2024 Recommendation:

Any action is at the discretion of the City Council.

Fiscal Impact:

There is no fiscal impact associated with this item.

Discussion:

Since 2012, the City Council has regularly cancelled the first meeting in January due to City Hall being closed for the holidays. This year, City Hall will be closed beginning Friday, December 22, 2023, and reopening on Tuesday, January 2, 2024.

Due to the closure of City Hall for the holidays, staff would not have ample time to prepare the agenda and meet Brown Act requirements along with any public hearing advertising.

If the City Council chose not to cancel the January 2, 2024, Regular City Council meeting, a draft agenda would have to be prepared and submitted for City Manager review by December 27, 2023, and a final agenda would have to published by December 29, 2023.

Both aforementioned dates City Hall is scheduled to be closed.

Pursuant to Chapter 3, Section III B of the City Council Policy and Procedure Manual, any regular or special meeting of the Council may be cancelled in advance by a majority vote; therefore, staff recommends cancellation of the January 2, 2024 meeting.

Attachments: None
Item Number: 18
City Council / Board of Directors
Written Communications
Meeting of: December 19, 2023
Submitted By:

Jennifer Thompson, City Clerk

Subject:

Appointments to City's Committees (Local Appointments List) Recommendation:

That the City Council:
(1) Accept nominations from Mayor Pro-Tem Becerra for her vacant Community Services Advisory Committee member; and
(2) Open nominations for the Audit Committee and the Community Planning and Development Grants Sub-committee as these committees require the City Council to designated two members of the City Council every year to serve on the committee.

Fiscal Impact:

There is no fiscal impact associated with this item.

Discussion:

City Council Policy and Procedure Manual, Chapter 9, Section 1B, states:
“On or before December 31st of each year, the City Clerk (or such other staff as the Council may designate) shall prepare and provide to the City Council an appointments list of all regular and ongoing commissions, committees, and boards appointed by the Council and the terms of the members of such boards, committees, and commissions that will expire during the next calendar year as required by Government Code Section 54970 et seq., also known as the Maddy Act. City Council Resolution No. 13-049 identifies that the normal term of each regular committee member shall be four years, more or less, and shall be coterminous with the term of office of the nominating Councilmember. As such, in years when a City Council election takes place, all seats on commissions, committees, and boards for newly elected Councilmembers will be open for nomination and appointment. In years when there is no City Council election, only those seats that are unfilled will be open for nomination and appointment. Such 3 3
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nominations must be confirmed by a majority vote of the full membership of the City Council in order for an appointment to occur. The Presiding Officer shall facilitate appointments in accordance with nomination and appointment procedure set forth in Chapter 2, points 1-6. To the extent a Councilmember’s nominee for a specific commission, committee, or board does not obtain the requisite affirmative votes, such Councilmember will be given the opportunity to nominate up to three (3) other individuals, either at the same meeting or at subsequent meetings. In the event a Councilmember’s subsequent three (3) nominees are not confirmed by a majority vote of the Council, then the City Council shall appoint a commission, committee, or board member using the same procedures set forth herein. Unscheduled vacancies shall be filled in accordance with Government Code Section 54974. Such unscheduled vacancy appointments shall be coterminous with the appointing Councilmember’s term of office as provided for in City Council Resolution No. 13-049.” The Community Services Advisory Committee is the only Committee that has a vacancy needing to be filled as the below Committees have terms of office that are coterminous with the term of office of the nominating councilperson.

Planning Commission:

The Planning Commission is scheduled to meet every second Wednesday of every month at 5:00 p.m. to review and act on all land use applications and proposed projects developed in the City. Victorville Municipal Code Section 2.12.020 Planning Commission Terms – Regular members states:
“The normal term of each regular commission member shall be four years, more or less, and shall be coterminous with the term of office of the nominating councilperson. The appointee shall be approved by a majority of the council. The term of any regular member is automatically extended for not more than ninety days pending the qualification of his successor.” Community Services Advisory Committee:

The Community Services Advisory Committee (CSAC) is scheduled to meet on the third Monday of each month at 5:00 p.m. to discuss and provide input on topics related to community programs and services, recreation activities and events, as well as park facility development. Traditionally the term of office for the CSAC runs with the term of office of the appointing Councilmember.

On June 28, 2023, staff was advised that Mayor Pro-Tem Becerra’s representative to the CSAC, Brandan Dixon resigned from the Community Services Advisory Committee due to him moving out of Victorville. On June 28, 2023, in accordance with Government Code Section 54974 a notice of unscheduled vacancy was posted. That posting allows the City Council to take action to fill this vacancy 10-days after posting of the notice 3 3
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Community Revitalization Investment Authority (CRIA) Board:

In 2015, the State legislature approved Assembly Bill 2, which authorized local government agencies to form a Community Revitalization and Investment Area (CRIA).

A CRIA can finance the revitalization of disadvantaged communities through planning and financing infrastructure improvements, economic development activities, and affordable housing using property tax increment contributed by eligible, consenting taxing entities. All actions required in the process of forming a CRIA are outlined in Government Code (GOV) Sections 62000 through 62208.

The CRIA Board does not currently have an established meeting schedule, however, regular, reoccurring meetings will be set once the CRIA Plan has been adopted.

ADDITIONAL COMMITEES:

The following committees require the City Council to designated two members of the City Council every year to serve on the committee. These committees must be filled in order to meet reporting deadlines.

Audit Committee:

The Audit Committee historically has two members of the City Council who participate in the review of the annual audit. Pursuant to California Government Code 53891 the City’s Annual Comprehensive Financial Report (ACFR), is required to be submitted to the State Controller’s Office no later than January 31 of each year.

The Community Planning and Development (CPD) Grants Subcommittee (Formerly CDBG Subcommittee):

The Community Planning and Development (CPD) Grant Subcommittee meets once yearly to determine allocation of the upcoming years CDBG/HOME/CalHOME/NSP new funding or funding reallocations. However, when new Federal/State funding is provided to the City the subcommittee will meet as needed. This subcommittee is made up of two members of the City Council and one member of the Executive Management / Management Team who determine program and project priority of each applicable grant funding source and formulate recommendations for presentation to the City Council regarding Federal and State grant funding distribution.

The City Council re-affirm the appointees to the City’s Committees as the term of office is coterminous with the term of office of the nominating Councilmember and open nominations by newly elected Councilmembers.

Attachments: A. Local Appointments List

ATTACHMENT A
Name Council Member Term Expiration Date

1. Planning Commission
Kenneth Cook-Askins, Jr. Irving December 2024
Robert Kurth Becerra December 2024
Bill Thomas Gomez December 2024
Kimberly Mesen Jones December 2026
Paul Marsh Harriman December 2026

2. Community Services Advisory Committee
Terrance Stone Irving December 2024
Vacant Becerra December 2024
Adrian Belcher Gomez December 2024
Michael Smith Jones December 2026
Lina Amaral Harriman December 2026

3. Community Revitalization Investment Authority (CRIA) Board Term concurrent with office
Jones December 2026
Irving December 2024
Becerra December 2024
Jennifer Neri 4 year term
Steve Blech 2 year term

4. Audit Committee
Jones
Becerra
Jones
Becerra

LOCAL APPPOINTMENTS LIST
January 31, 2024 to file the Annual Comprehensive Financial Report

5. Community Planning and Development (CPD) Grants
Subcommittee
Item Number: 19
City Council / Board of Directors
Written Communications
Meeting of: December 19, 2023
Submitted By:

Jennifer Thompson, City Clerk

Subject:

Revisions to City Council Policy CP-12-01 Expense Reimbursement Policy 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 City Council meeting of September 19, 2023, it was moved by Mayor Jones, and approved by a majority vote to agendize an item for discussion and possible action regarding updating Council Policy CP-12-01, Section 5, related specifically to meal per diem maximum allowances during travel. At the meeting of November 7, 2023, it was moved by Mayor Jones, and approved by a majority vote, to strike the current per meal allowance in favor of a maximum per day meal allowance of $100, including tax and a maximum gratuity of 15%. Additionally, at the November 7, 2023, meeting, it was moved by Mayor Pro-Tem Becerra, and approved by a majority vote, to have the City Manager and staff revisit the City Council Policy and Procedure Manual along with CP-12-01 and bring back to the council areas that are either outdated or need to be updated.

Discussion:

This item is being presented to Council so that Council can further discuss updates to Council Policy CP-12-01. Staff has updated Council Policy CP-12-01 to reflect the changes approved at the November 7, 2023, meeting, along with staff recommended updates to said policy. The entire City Council Policy and Procedure Manual will be brought back to the City Council in March 2024, as requested.

Staff remains available for any questions or comments you might have. 3 3
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Attachments: A. CP-12-01 Expense Reimbursement Policy Redline B. CP-23-03 Expense Reimbursement Policy Clean

ATTACHMENT A

CITY OF VICTORVILLE

COUNCIL POLICY

SUBJECT:

Expense Reimbursement Policy
POLICY NO: CP-2312-
031
SUPERCEDES:

Council Policies: CP-89-2 dated
March 21,1982; CP-91-3, dated April
16, 1991; CP-93-3, dated January 1,
1992; CP-96-1 dated March
12,1996; and CP-01-1 dated
October 16, 2001, CP-12-01 dated
September 18, 2012

Administrative Policies: C-4 dated
December 15, 1975
DATE:

September 18,
2012December 19, 2023

I. RESPONSIBILITY

City officials and employees are required from time to time to attend various meetings, conferences and seminars or other events w hich relate directly to City programs, policies, operations and activities. Accordingly, it is the intent o f this policy to establish rules and guidelines gover ning reimbursement for actual and necessary expenses incurred in the performance of these dut ies. This policy conforms to the requirements of California Government Code sections 5 3232 through 53232.4 to the extent that such requirements are applicable to charter cities under the California Constitution.

It is the responsibility of each official/ em ployee to accomplish essential City travel a s economically as feasible . The City Manager shall adm inister the provisions of the Expense Reimbursement Policy and shall have the authority to reduce or excl ude ex penses whenever , in his or her judgment, they a re not necessary or reasonable as outlined in this Policy.

II. CITY MANAGER APPROVAL REQUIRED

Prior City Manager approval is re quired for all officials attendance and reimbursement for meetings, conferen ces, seminars and events to be held interstate or internationally.

III. COVERED TRAVEL AND MEETING EXPENSES

All reimbursement for travel, whether one day or multiple days , will require submittal of the City reimbursement form. The Department Head (for employees) and the City Manager (for offi cials) must approve all travel expenses prior to any funds being advanced or reimbursed by the City.

Examples of ex penses that the City will not reimburse include, but are not limited to:

A. The personal portion of any trip;

B. Political or charitable contributions or events;

C. Family expenses, including spouse/partner expenses when accompanying an official/employee on Cit y business, as well as children or pet -related expenses;

D. Entertainment expenses, incl uding theater, movies ( either in -room or at the theater), sporting ev ents (including gym, massage and/or golf related expenses), or other cultural events;

E. Alcohol/personal bar expenses;

F. Laundry or dry cleaning expenses;

G. Non-mileage personal automobile ex penses, incl uding repairs, traffic citations, insurance, or gasoline; and

H. Personal losses incurred while on City business.

Any questions regarding the proprietary of a particular type of expense should be resolved by the Department Head or City Manager before the expe nse is incurred.

IV. TRANSPORTATION

The most economica l mode and class of transportation reasonably consistent with scheduling needs must be used, using th e most direct and time -efficient route. In an effort to reduce emissions and save costs, transportatio n should be considered in the following order:

A. Carpooling: Whenever possible , officials and em ployees will carpool, if they are attending the same event at the same time.

B. City Vehicles: Officials and employees should use a City vehicle whenever possible. There shall be no allowance or reimbursement for transportation when a City vehicle is used. Receipted fuel expenses will be reimbursed.

C. Use of Priv ately Owned Vehicles: Documented automobile mileage is reimbursed at Internal Revenue Service (IRS) rates presently in effect (see www.irs.gov). These rates are designed to compensate the driver f or gasoline, insurance, maintenance, and other expenses associated with operating the vehicle . The IRS rates will not be pai d f or rental vehicles; only receipted fuel expenses will be reimbursed. Mileage reimbursement will be provided from the workplace to and from the event only; the City will not reimburse for mileage for personal travel.

Where an employee is paid a monthly ca r allowance, only documented mileage in excess of 200 miles per event shall be reimbursed.

D. Car Rental: Car rentals should be used when the rental and projected gas is at least $50 less than mileage for privately owned vehicle; or when required for traveling to or from the airport/hotel when the cost is les s than taxi or shuttle fares as outlined herein. Receipted fuel expenses will be reimbursed.

E. Airfare: Staff should make every effort to search for the most economical and reasonable airfare, ta king in to consideration staff safety, total travel time and any other reasonable accomm odations required . First class travel is not an eligible expense . International travel only if approved first by the City Manager unless i n cases involving Council Members, must be approved first by the City Council.

E. Airfare: Airfares that are equal to or le ss than those available through the Enhanced Local Government Airfare Program offered through the League of Californ ia Cities ( www.cacities.org/travel), the California State Association of Counties (http://www/csac.counties.org/default.asp?id=635) and the State of California are presumed be the most economical and reasonable for purposes of reimbursement under this policy.

F. Taxi o r S huttle: Taxi o r S huttle fares may be reimbursed to or from the airport/hotel, including a 15 percent gratuity per fare, when the co st of such fares is equal to or less than the cost of car rentals, gasoline and parking combine d, or when such transportation is necessary for time- efficiency.

V. LODGING

The cost of lodging will be paid by the City a t the rates listed below, plus the cos t of any applicable ta xes. Hotel accommodations for the night be fore or after the event will be considered based on need and be approved by the Department Head and/or City Manager prior to making accommodations. If the event requires no more than two ( 2) hours tr avel and starts at 9:00 a.m. or later, lodging will not be paid f or the night before the event. In general lodging will not be paid for the night after the event. If the event ends after 8:00 p.m. or later, and requires no more than three (3) hours travel time, lodging may be paid. Tips for baggage are not reimbursable.

A. Conferences/Meetings: If such lodging is in connection with a conference, lodging expenses must not exceed the group rate published by the conference sponsor for the meeting in question if such rates are available at the time of booking. If the group rate is not available, see next section.

B. Other Lodging: Officials/employees must request government rates, when available. Lodging rates that are equal to or less than government rates are presumed to be reasonable and hence reimbursable for purposes of this policy.

If the official/employee chooses to incur additional costs that are above the rates established above, then they may do so at their own expense.

VI. MEAL ALLOWANCE

The meal per diem allowance to cover the costs of meals ( including tax and a maximum of 15% tip) shall not exceed $ 100.00 per day. The City does not reimburse for alcohol.

The maximum itemized c ost for individual meals (including tax and tip) is as follows: Brea kfast - $10, Lunch - $15, and Dinner - $25. The meal per diem allowance to cover the costs of meal s ( including tax and t ip) shall not exceed $50.00 per day. T he daily meal per diem shall n ot be u sed if any meals are provided by or included with the registration of the event or h otel. If the event does not provide for special dietary needs, the meal allowance will be given. The City does not reimburse for alcohol.

VII. REGISTRATION

The City shall pay for registration fees as required for attendance.

VIII. COMMUNICATION CHARGES

The City will reimburse telephone, fax, and internet charges utilized for City - related business purposes; such services used for per sonal reasons will not be reimbursed. Where an official/employee is paid a monthly cell phone allowance, no telephone charges shall be reimbursed.

IX. MISCEALLEOUS EXPENSES

Other miscellaneous expenses may be reimbursable if reasonably related and necessary t o the authorized activity which the official/employee is attending as follows:

A. Long-term airport parking, if the travel period exceeds 24 hours.

B. On-site hotel parking or other reasonable parking fees.

C. Bridge and toll fees.

X. MEAL EXPENSES TO FURTHER BUSINESS ATTRACTION, OR

OFFICIAL BUSINESS RELATIONS NEGOTIATIONS

To facilitate official business at a lunch or dinner meeting, there may be times when meeti ngs, meals and business entertainment are ne cessary that exceed the $100 meal expense provided for in Section VI . In these instances, and to help avoid an appearance of impropriety by a member of the Executive or Leadership Team, requirements in Section VI shall be considered. R easonable expenses will be authorized expenses for the purposes o f discussing goods/services/business or re al estate transactions, however, such expenses must first be approved by the City Manager.

X.XI. REIMBURSEMENT FROM OTHER AGENCIES AND

ORGANIZATIONS

Where reimbur sement of all or part of travel and meeting expense is made by other organizations or agencies, such reimbursement shall be submitted directly to the City and shown on the City reimbursement form.

XI.XII. SUBMISSION DEADLINE

The City reimbursement form must be submitted to the Department Head or City Manager within 30 days after returning from the event. To be reimbu rsed for travel expenditures, the city reimbursement form must be s igned and s ubmitted along with receipts supporting the e xpenses. No reimbursement shall be made until the City reimbursement form has been properly ex ecuted and approved by the Department Head or City Manager. The inability t o provide receipts or other supporting documentation of expenses within 30 days, and/or with the City reimbursement form, will result in the expense b eing borne by the official/ employee.

XII.XIII. MEETING REPORTS

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Council Members who attend meetings, conferences , seminars, or events at the City’s expense will provide brief oral or wr itten reports on those meetings at the next regular City Council meeting.

Employees whose total travel/ training cost exceeds $5 00 will provide a brief oral reportor written r eport (less than one page) on the content of the trai ning, conference or event to the Department Head and City Manager. The report. is to be submitted with the City reimbursement form.

XIII.XIV. ON DUTY

All City perso nnel p olicies are in effect while an offic ial/employee is serving in their official capacity.

XIV.XV. TRAVEL ADVANCES

All requests for travel advances shall be sub mitted to the Finance Division as outlined in the Procedures for Use of the City of Victorville Credit Card Account.

Any un used advance must be retuned to the City along with the City reimbursement form and receipts documenting how the advance was used in compliance with this expense reimbursement policy.

XV.XVI. CREDIT CARD USE POLICY

It is the policy of the City to provide selected employees with a City -issued credit card for an efficient, cost -effective method of payment for purchasing transactions such as City business travel related expen ses including, but not limited to, airline ti ckets, hotel reservations, car rentals, parking and meals. City employees are required to follow the Purchasing Card Program Policy Manual when utilizing their City -issued credit card. The use of a City -issued credit card does not eliminate the requireme nt to submit all original itemized receipts. City-issued credit cards may not be used for personal expenses, even if the employee subsequently reimburses the City.

Those employees which do not have a City -issued credit card, can utilize alternative methods of payment such as, a personal credit card, and/or cash by documenting all city related business expenses with the City’s Expense Reimbursement Form and attaching all original receipts, complying with all Ci ty and departmental purchasing policies and p rocedures. In general, all reimbursements to City employees are a use of public funds. The City expects to reimburse reasonable costs incurred by City employees, and City employees are expected to use good jud gement in their expenditure of public funds. For instance, all meals require an itemized receipt, and if the receipt is for more than one employee, the receipt should note all in attendance. Summary meal receipts Formatted: Font: (Default) Arial, 12 pt, Font color: Auto Formatted: Normal, Justified, Pattern: Clear
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City issued credit cards shall not be used to supplement the C ity’s purchasing process for goods and services.

The City does not issue cr edits cards to individual office holders or employees but does have a City credit card for selected City expenses. City officials/employees may use the City ’s credit card for su ch p urposes as airline tickets and hotel reservations by following the Procedures for Use of the City of Victorville Credit Card Account. Receipts documenting expenses incurred on the City credit card and compliance with this policy must be submitted with the City expense reimbursement form.

City credit c ards may not be used for personal expenses, even if the official/employee subsequently reimburses the City.

XVI.XVII. COMPLIANCE WITH LAWS

Officials and employees should be aware that some expenditures may be subject to reporting under the Political Refor m Act and other laws. In addition, all City expenditures are public records subject to disclosure under the Public Record s Act.

XVII.XVIII. VIOLATION OF THIS POLICY

Misuse of public resources or falsifying expense report s in violation of this polic y may result in any or all of the following:

A. Loss of reimbursement privileges,

B. Restitution to the City of Victorville,

C. Civil penalties for misuse of public resources, and

D. Prosecution for misuse of public resources
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ATTACHMENT B

CITY OF VICTORVILLE

COUNCIL POLICY

SUBJECT:

Expense Reimbursement Policy
POLICY NO: CP-23-03
SUPERCEDES:

Administrative Policies: C-4 dated
December 15, 1975
DATE:

December 19, 2023

I. RESPONSIBILITY

II. CITY MANAGER APPROVAL REQUIRED

Prior City Manager approval is re quired for all officials attendance and reimbursement for meetings, confer ences, seminars and events to be held interstate or internationally.

III. COVERED TRAVEL AND MEETING EXPENSES

Examples of ex penses that the City will not reimburse include, but are not limited to:

A. The personal portion of any trip;

B. Political or charitable contributions or events;

C. Family expenses, including spouse/partner expenses when accompanying an official/employee on Cit y business, as well as children or pet -related expenses;

D. Entertainment expenses, incl uding theater, movies ( either in -room or at the theater), sporting ev ents (including gym, massage and/or golf related expenses), or other cultural events;

E. Alcohol/personal bar expenses;

F. Laundry or dry cleaning expenses;

G. Non-mileage personal automobile ex penses, incl uding repairs, traffic citations, insurance, or gasoline; and

H. Personal losses incurred while on City business.

Any questions regarding the proprietary of a particular type of expense should be resolved by the Department Head or City Manager before the expe nse is incurred.

IV. TRANSPORTATION

A. Carpooling: Whenever possible , officials and em ployees will carpool, if they are attending the same event at the same time.

Where an employee is paid a monthly car allowance, only documented mileage in excess of 200 miles per event shall be reimbursed.

V. LODGING

If the official/employee chooses to incur additional costs that are above the rates established above, then they may do so at their own expense.

VI. MEAL ALLOWANCE

The meal per diem allowance to cover the costs of meals ( including tax and a maximum of 15% tip) shall not exceed $ 100.00 per day. The City does not reimburse for alcohol.

VII. REGISTRATION

The City shall pay for registration fees as required for attendance.

VIII. COMMUNICATION CHARGES

IX. MISCEALLEOUS EXPENSES

Other miscellaneous expenses may be reimbursable if reasonably related and necessary t o the authorized activity which the official/employee is attending as follows:

A. Long-term airport parking, if the travel period exceeds 24 hours.

B. On-site hotel parking or other reasonable parking fees.

C. Bridge and toll fees.

X. MEAL EXPENSES TO FURTHER BUSINESS ATTRACTION, OR

OFFICIAL BUSINESS RELATIONS NEGOTIATIONS

XI. REIMBURSEMENT FROM OTHER AGENCIES AND

ORGANIZATIONS

Where reimbursement of all or part of travel and meeting expense is made by other organizations or agencies, such reimbursement shall be submitted directly to the City and shown on the City reimbursement form.

XII. SUBMISSION DEADLINE

XIII. MEETING REPORTS

Council Members who attend meetings, conferences , seminars, or events at the City’s expense will provide brief oral or wr itten reports on those meetings at the next regular City Council meeting.

Employees whose total travel/ training cost exceeds $5 00 will provide a brief oral or written report (less than one page) on the content of the trai ning, conference or event to the Department Head and City Manager..

XIV. ON DUTY

All City perso nnel p olicies are in effect while an offic ial/employee is serving in their official capacity.

XV. TRAVEL ADVANCES

All requests for travel advances shall be sub mitted to the Finance Division as outlined in the Procedures for Use of the City of Victorville Credit Card Account.

Any un used advance must be retuned to the City along with the City reimbursement form and receipts documenting how the advance was used in compliance with this expense reimbursement policy.

XVI. CREDIT CARD USE POLICY

Those employees which do not have a City -issued credit card, can utilize alternative methods of payment such as, a personal credit card, and/or cash by documenting all city related business expenses with the City’s Expense Reimbursement Form and attaching all original receipts, complying with all Ci ty and departmental purchasing policies and p rocedures. In general, all reimbursements to City employees are a use of public funds. The City expects to reimburse reasonable costs incurred by City employees, and City employees are expected to use good jud gement in their expenditure of public funds. For instance, all meals require an itemized receipt, and if the receipt is for more than one employee, the receipt should note all in attendance. Summary meal receipts will be rejected and the employee will be required to notify the food establishment for a copy of the itemized receipt, otherwise the employee request for reimbursement may be denied.

City issued credit cards shall not be used to supplement the C ity’s purchasing process for goods and services.

XVII. COMPLIANCE WITH LAWS

XVIII. VIOLATION OF THIS POLICY

Misuse of public resources or falsifying expense report s in violation of this polic y may result in any or all of the following:

A. Loss of reimbursement privileges,

B. Restitution to the City of Victorville,

C. Civil penalties for misuse of public resources, and

D. Prosecution for misuse of public resources
Item Number: 20
City Council / Board of Directors
Written Communications
Meeting of: December 19, 2023
Submitted By:

Keith C. Metzler, City Manager

Subject:

Discussion and Possible Action regarding Returning to the Interagency Council on Homelessness
Recommendation:

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

Fiscal Impact:

There is no fiscal impact associated with this item.

Background:

The Interagency Council on Homelessness (ICH) is the policy-making body and Governing Board for the San Bernardino County Continuum of Care (CoC), known as the San Bernardino County Homeless Partnership. Following an invite from ICH to apply for a board membership position, Victorville joined the ICH as a represented city in August 2018. In September 2018, the Victorville City Council appointed City Manager Keith C.

Metzler as primary representative and Sophie Smith as an alternate to represent Victorville on the ICH.

Staff participated as a voting member in the ICH from September 2018 through April 2023.

Additionally, staff took on a leadership role in the Desert Regional Steering Committee, a joint regional subcommittee created by the ICH to combine the efforts of the members of the Homeless Provider Network (HPN) and city representatives within the region.

Victorville served as the city chair and secretary for the committee. Both the ICH and Desert Regional Steering Committee meet monthly.

At the regular City Council meeting held on May 16, 2023, the City’s proposed resignation as a member of the ICH, and its role as chair and secretary of the Desert Regional Steering Committee, was presented by staff and approved by the City Council. The subject staff report has been included as Attachment A. 3 4
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Discussion:

At the regular City Council meeting held on December 5, 2023, Council Member Irving requested, and the majority of the City Council approved, an item for discussion and possible action at the December 19, 2023, regular meeting to report on takeaways from ICH and whether or not the City should entertain returning to the ICH.

The reason for the City’s resignation as a member of the ICH, and from its role as chair and secretary of the Desert Regional Steering Committee, was due to the strain these roles were placing on the City’s limited resources and the City finding the results of its City-specific efforts more beneficial and a better use of time. This has been evidenced by progress on several items from the City’s Homelessness Solutions Strategic Action Plan including, but not limited to, the recent completion of the Wellness Center, which has now started housing clients.

The City’s experience with ICH was positive in that it was able to request and obtain the required letter of support from ICH, as the CoC, for the Homekey grant application for the Wellness Center project. The City was also successful in securing $300,000.00 in Homeless Housing, Assistance and Prevention (HHAP) grant funding, administered by the ICH, for the Wellness Center project. However, neither of these items were approved based on the City’s status as a represented member, but rather due to the ICH being the CoC covering Victorville’s geographical area and the City having a worthy project. Despite having resigned these roles with the ICH, the City remains eligible to request assistance from, and apply for funding facilitated through the CoC.

Following the resignation as a represented city member of ICH and chair and secretary of the Desert Regional Steering Committee, no requests have been received from ICH to have the City return as a represented city member. It should also be noted that staff have continued attending ICH and Desert Regional Steering Committee meetings to remain apprised of ICH business and funding opportunities.

At this time, staff have no changes to the reasoning presented when the decision was made to resign from the ICH and the Desert Regional Steering Committee and do not recommend pursuing a return to the former roles. However, staff is prepared to accept a change to the Council’s policy direction if so directed by the City Council.

Staff remain available for any questions or comments.

Attachments: A. May 16, 2023, ICH Resignation Staff Report

ATTACHMENT A
May 16, 2023, ICH Resignation Staff Report
Item Number: 14
City Council / Board of Directors
Written Communications
Meeting of: May 16, 2023
Submitted By:

Keith C. Metzler, City Manager
Sophie L. Smith, Deputy City Manager

Subject:

Resignation from Interagency Council on Homelessness (ICH) Recommendation:

That Your Honorable City Council approve a Letter of Resignation from the City of Victorville as a member of the Interagency Council on Homelessness, and from its role as Chair and Secretary of the Desert Regional Steering Committee.

Fiscal Impact:

There is no fiscal impact associated with this action.

Strategic Plan Goal:

Strategic Plan Goal D. Reduce Homelessness. Victorville’s resignation from its seat on the Interagency Council on Homelessness will afford staff more time to focus on Victorville-specific homelessness solutions.

Background:

The Interagency Council on Homelessness (ICH) is the policy-making body and Governing Board for the San Bernardino County Continuum of Care (CoC), known as the San Bernardino County Homeless Partnership. On January 24, 2018, ICH voted to increase its city membership from 10 to 12 cities. On May 7, 2018, ICH invited the City of Victorville to apply for one of the two new membership positions. Victorville submitted its application, and on August 15, 2018, the ICH members approved the City of Victorville as one of the two newly represented cities. Subsequently, on September 4, 2018, the Victorville City Council appointed City Manager Keith Metzler as primary representative and Sophie Smith as an alternate to represent Victorville on the Interagency Council on Homelessness (ICH).
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On August 28, 2019, the ICH Board took action to amend its Governance Manual and Bylaws. The change in the Governance Manual and Bylaws created a regional representation system and transferred the authority to appoint five city representatives, representing the five regions covered by the CoC, to the City Selection Committee. On September 25, 2019, the City Selection Committee recommended, and the ICH Board approved, Keith Metzler as the City Desert Region Representative. The Victorville City Council has affirmed City Manager Keith Metzler and Deputy City Manager Sophie Smith as the primary and alternate members for ICH through its annual Outside Agency Appointments process each December.

Discussion:

Staff has participated as a voting member in the Interagency Council on Homelessness since September 2018. Since 2019, staff has also taken a leadership role in the Desert Regional Steering Committee, which is the ICH joint regional subcommittee that is intended to combine the efforts of the members of the Homeless Provider Network (HPN) with city regional representatives. Victorville serves as the city chair for the committee, and also serves as secretary for the committee. This committee meets monthly and reports its activities to the ICH.

In addition to this regional representation, Victorville began to formulate its own plan to address homelessness within its jurisdiction in 2018. On February 5, 2019, the Victorville City Council voted in favor of the formation of a Homelessness Solutions Task Force.

The first meeting of Victorville’s Task Force was held in May 2019. In July 2019, the City took another step to address homeless issues by creating a full-time position dedicated to coordinate the citywide homelessness solutions activity, a Homelessness Solutions Coordinator.

Following several public meetings and roundtable discussions of the Task Force, the Homelessness Solutions Strategic Action Plan was completed in October 2019. The plan was developed to provide the City with a framework that identifies and addresses local issues associated with homelessness and the most effective means to focus efforts and resources. The Homelessness Solutions Strategic Action Plan was approved by the Victorville City Council on November 5, 2019. The Plan contains ten measurable goals intended to address ongoing, systematic social issues related to homelessness and its impact on the community. The Task Force continues to meet regularly, networks have been developed, and resources are shared among the members. One of the most significant projects that is coming to fruition is the development of Enhanced Shelter Operations as defined in the Strategic Action Plan. The Wellness Center, as the project has been named, is well under construction and scheduled for completion in Summer of 2023. The primary source of funding for the Wellness Center project was the Homekey grant, for which Victorville applied directly to the state.

The City of Victorville has taken several actions to proactively address homelessness within its jurisdiction since 2018. An additional full-time staff member has been added to the Homelessness Solutions team, and staff from numerous City Departments work together on a daily basis to address Victorville’s homeless issues. Despite these efforts, 3 0
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there is still much to do to address homelessness within the City. Given its finite resources, in terms of people, time and finances, the city’s membership role in the ICH as well as the Desert Regional Steering Committee has become a strain. The staff focused on homelessness solutions must split time between these committees while remaining focused on the City’s individual efforts. In terms of results, the efforts spent on City-specific projects have proved more beneficial, and a better use of time as demonstrated by the grant funding sought directly from the state for the Wellness Center.

It has come to the point where staff must decide what is the most effective use of time, in order to yield the best results.

Given Victorville’s limited resources, staff recommends a resignation from the leadership roles in ICH and the Desert Regional Steering Committee will free up more staff time to continue to focus its efforts on Victorville’s Homelessness Solutions Strategic Action Plan and its Task Force. Despite the proposed resignation from these roles, Victorville remains in the geographical area covered by the San Bernardino County Continuum of Care (CoC), and Victorville staff will continue to regularly attend ICH meetings to remain informed of Countywide homeless activities.

For the reasons stated above, staff is recommending the Victorville City Council approve the City Manager’s preparation and submittal of a Letter of Resignation of Membership to the Interagency Council on Homelessness, and a Letter of Resignation from the Desert Regional Steering Committee as co-chair and secretary.

Staff remains available for any question the Council may have.

Attachments: None
Item Number: 21
City Council / Board of Directors
Written Communications
Meeting of: December 19, 2023
Submitted By:

Andre de Bortnowsky, City Attorney

Subject:

Consideration of proposed City Council Resolution No. 23-104 adopting revisions to the City of Victorville City Council Policy and Procedures Manual regarding the annual City Council reorganization procedure
Recommendation:

That the Honorable City Council: (1) Review and Consider the Proposed Revised City Council Policy and Procedures Manual; and (2) Adopt Resolution No. 23-104.

Fiscal Impact:

There is no fiscal impact associated with this action.

Strategic Plan Goal:

Background:

The City Council Policy and Procedures Manual (the “Manual”) was originally adopted on October 3rd, 2017 and revised by further resolutions on September 4th, 2018; October 1st, 2019; June 23rd, 2020; March 16th, 2021; May 17th, 2022; October 4th, 2022; March 7th, 2023; March 21st, 2023; April 4th, 2023; and May 16th, 2023.

Discussion:

At the December 5, 2023 City Council Meeting, after two rounds of voting as currently provided in Chapter 2 of the City Council Policy and Procedure Manual (the “Manual”), the City Council agreed to once again consider changing certain provision of the Manual to limit the term of the Mayor to two (2) consecutive terms. A similar change was adopted on October 1, 2019, and at that time was made to be effective commencing in the next calendar year.

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Accordingly, the proposed revisions to the Manual have been drafted in a manner consistent with the prior precedent; however, any decision as to how this is to be implemented is at the discretion of the City Council.

In addition, the City Council wanted to consider adding a provision that would have the then sitting Mayor Pro Tem assume the seat of the position of Mayor (assuming the Mayor Pro Tem was willing to do so) in the event there was no consensus as to who should be the Mayor. The proposed revisions to Section 2 of the Manual are now being presented for City Council consideration.

Staff remains available for any questions or comments you may have.

Attachments: A. Resolution No. 23-104
B. City Council Policy Manual Redlined
C. City Council Policy Manual Clean

RESOLUTION NO. 23-104

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

VICTORVILLE, CALIFORNIA, ADOPTING REVISIONS TO THE

CITY OF VICTORVILLE CITY COUNCIL POLICY AND

PROCEDURES MANUAL
WHEREAS, on October 3, 2017, the City Council of the City of Victorville (the "City Council") passed Resolution No. 17-056 adopting the City of Victorville City Council Policy and Procedures Manual (the "Manual"); and
WHEREAS, the Manual created a centralized and comprehensive set of rules, policies and procedures governing the conduct of City Council meetings and the carrying out of the day- to-day business of the City of Victorville (the "City"); and WHEREAS, Section II.B of Chapter 1 of the Manual provides that the Manual shall be reviewed at least biennially and may be revised by resolution of the City Council if and as needed; and
WHEREAS, by adopting Resolution Nos. 18-074, 19-057, 20-055, 21-021, 22-015, 22- 111, 23- 015, 23- 018, 23 -025, and 23- 030 the City Council has since the Manual was first adopted, approved certain revisions to the Manual in order to clarify certain provisions and incorporate additional procedures to help streamline the conduct of City Council meetings; and
WHEREAS, certain additional issues which have arisen since the Manual's initial adoption and prior amendments have necessitated a number of further revisions; and WHEREAS, the proposed revisions concern limits on the number of consecutive terms the Mayor may hold; and
WHEREAS, the City Council finds that adopting the proposed revised Manual attached to this Resolution serves the interests of the City, the City Council, and the public as it streamlines and facilitates the orderly and efficient conduct of City Council meetings and related City business, and also help ensure that the Policy Manual is consistent with California Law.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. That the revised City of Victorville "City Council Policy and Procedures Manual" ("Policy Manual") attached to this Resolution be approved and adopted. The City Council further authorizes the City Manager and City Attorney to make non -substantive changes as may be deemed necessary provided any such changes are shared with the City Council.

Section 2. That this Resolution shall supersede Resolution No. 23-030 and take effect immediately upon its adoption.

Section 3. That the City Clerk shall certify the passage and adoption of this Resolution.

Doc 043.3 12.11.12

City of Victorville
City Council Policy and Procedures Manual

Adopted by the Victorville City Council
by Resolution No. 17‐056 on October 3, 2017
Revised by Resolution No. 18‐074 on September 4, 2018
Revised by Resolution No. 19‐057 on October 1, 2019
Revised by Resolution No. 20‐055 on June 23, 2020
Revised by Resolution No. 21‐021 on March 16, 2021
Revised by Resolution No. 22‐015 on May 17, 2022
Revised by Resolution No. 22‐111 on October 4, 2022
Revised by Resolution No. 23‐015 on March 7, 2023
Revised by Resolution No. 23‐018 on March 21, 2023
Revised by Resolution No. 23‐025 on April 4, 2023
Revised by Resolution No. 23‐030 on May 16, 2023
Revised by Resolution No. 23‐104 on December 19, 2023

TABLE OF CONTENTS

TABLE OF CONTENTS i
CHAPTER 1 ‐ INTRODUCTION AND PURPOSE 1
CHAPTER 2 ‐ ROLE OF CITY COUNCIL 2
CHAPTER 3 ‐ COUNCIL MEETINGS 11
CHAPTER 4 ‐ AGENDA 19
CHAPTER 5 ‐ MEETING RULES OF CONDUCT AND DECORUM 22
CHAPTER 6 ‐ ADMINISTRATIVE MATTERS 32
CHAPTER 7 ‐ RELATIONSHIP AND CONDUCT 35
CHAPTER 8 – COMMUNICATION AND REPRESENTATION 40
CHAPTER 9 ‐ COMMISSIONS, COMMITTEES AND BOARDS 48
CHAPTER 10 ‐ ENFORCEMENT 52

‐i‐

Chapter 1
1 CHAPTER 1 - INTRODUCTION AND PURPOSE

I. PURPOSE OF MANUAL

A. Compile, Revise and Adopt Rules and Policies. By adopting this Policy and Procedures Manual (“Manual”), the City Council of the City of Victorville (the “City Council” or “Council”) hereby establishes updated Rules of Procedure for the preparation of its agendas, conduct of its meetings, and transaction of other City Business. In addition, by adopting this Manual, the City Council further compiles, consolidates, updates, and supersedes any prior Council Policies, Resolutions, rules, and related administrative procedures that have been formally adopted by the City Council addressing the subject matter and/or the topics discussed herein.

B. Provide Standards and Guidance. The purpose of this Manual is to set a standard of professionalism for the conduct of the City Council’s business. Victorville has a long and proud tradition of open government and civil, intelligent public discourse. This Manual is intended to enhance public participation and Council debate so that the best possible decisions can be made for Victorville. While attempting not to be overly restrictive; procedures, policies, and codes of ethics and conduct are being established and/or clarified so that expectations and practices are clearly articulated to guide City Councilmembers in their day‐to‐day conduct and actions.

C. Ease of Reference. Having the majority of the rules, procedures, practices and policies (hereinafter collectively “Rules”) of the Victorville City Council consolidated and contained in a single, easily‐accessible document will clarify expectations and responsibilities and will streamline the conduct of meetings and other City Council business in the public interest.

II. EFFECTIVE DATE AND PERIODIC REVIEW/UPDATE OF MANUAL

A. Effective Date. The Rules contained in this Manual shall be in effect immediately upon their adoption by City Council resolution, and shall remain in effect until such time as this Manual is amended and new Rules are adopted and/or updated by City Council resolution.

B. Biennial Review. This Manual will be reviewed at least biennially (once every two years) and be revised by City Council Resolution if and as needed.

Chapter 2
2 CHAPTER 2 - ROLE OF CITY COUNCIL

I. OVERVIEW

A. City Council Acts as a Body. One of the fundamental tenets of city governance is recognizing that the City Council acts as a body. No individual Councilmember has extraordinary powers beyond those of other members. Although the Mayor and the Mayor Pro Tempore (“Pro Tem”) have additional ceremonial, parliamentary and administrative responsibilities as described below and elsewhere in this Manual, with respect to the establishment of policies, voting, and in other significant areas, all members are equal.

B. Establishment of City Policy. City Policy is established and direction is given to City staff by a majority vote of the Council. Neither the Mayor nor the Mayor Pro Tem has veto power or any other policy‐making authority beyond that of the other Councilmembers.

C. Decisions of Majority of Body Binding on City Council. While individual Councilmembers may disagree with decisions of the majority, a decision of the majority does bind the City Council to a course of action and provides City staff with clear direction to follow. Similarly, City staff is responsible to ensure that the policy set by the City Council is implemented and upheld consistent with the wishes of the majority. Implementation of City Council policy by staff does not reflect a bias against Councilmembers who held a minority opinion on an issue.

II. COUNCIL ELECTION AND GOVERNANCE

The City of Victorville is governed by a five‐member City Council elected to four‐year terms on a staggered basis. Councilmembers are elected in the general election in November of even‐ numbered years. The Mayor and Mayor Pro Tem will be appointed by a majority vote of the entire membership of the City Council. The City Council shall appoint the Mayor and Mayor Pro Tem for one‐year terms at the first regular meeting in December of every year or as soon thereafter as feasible and, when applicable, following the certification of election results and seating of new City Councilmembers. Effective as of the organization meeting of 2024, with respect to Councilmember terms, the following provisions shall apply: in no event shall a Mayor serve more than two (2) consecutive terms per his or her term of office, unless additional service is granted by a two‐thirds (2/3) affirmative vote of the entire Council membership. The newly‐appointed Mayor and Mayor Pro Tem assume their positions immediately following the majority vote.

The nomination and appointment procedure for the offices of Mayor and Mayor Pro Tem shall be conducted in successive order and as shown below.

1. The City Clerk opens nominations.

2. The City Clerk receives up to one nomination per Councilmember until no further nominations are forthcoming. Seconds are not required.

3. The City Clerk closes nominations.

Chapter 2
3 4. The City Clerk calls on each Councilmember to cast by verbal vote the name of his/her nominee of choice.

5. The City Clerk announces the outcome of the vote and declares the appointment upon a majority vote of the full membership.

6. If an appointment is not confirmed, the City Clerk repeats the foregoing procedure once more on the prospect of the City Council reaching agreement.

The newly‐appointed Mayor shall preside over the process for the office of Mayor Pro Tem, unless he/she prefers the City Clerk facilitate the appointment.

Should the City Council be unsuccessful in its appointment efforts, whether it be by insufficiency of votes or failed action pursuant to Chapter 5, Section R, Tie Votes, the item shall be reconsidered during the next regular City Council meeting in expectation of securing the requisite consensus of the full body. Effective as of the organization meeting of 2024, ifIf such consensus is not gained after the second consecutive Council meeting during which one or more appointments were considered, the sitting Mayor Pro Tem, to the extent he/she is willing, shall assume the office of the Mayor and/or Mayor Pro Tem, as applicable, shall remain in office until the next annual organizational meeting. and the position of the Mayor Pro Tem will be reopened for nominations consistent with the procedures herein at the next regular City Council meeting.

III. ROLE AND DUTIES OF MAYOR

A. Official Ceremonial Head of City. The Mayor is recognized as the official head of the City for all ceremonial purposes and shall perform such other duties consistent with the office as set forth in this Manual and as may be delegated to the Mayor by majority vote of the City Council.

B. Presiding Officer. The Mayor is the Presiding Officer at all meetings of the City Council and acts as the chair. In this role, the Mayor has authority and discretion

1. to preserve order at all Council meetings by facilitating the effective conduct of business during meetings and assisting, when deemed necessary, fellow Councilmembers in understanding their roles and responsibilities in municipal governance;

2. to enforce (or cause to be enforced) the Meeting Rules of Conduct and Decorum as set forth in Chapter 5 of this Manual;

3. to determine the order of business at meetings of the City Council; and

4. to require any person addressing the City Council to be sworn as a witness and to testify under oath when, for example, testifying in judicial or quasi‐judicial proceedings. The Mayor or other Presiding Officer shall also require such swearing‐in if directed to do so by a majority of the Council.

Chapter 2
4 C. External Communication of Policy. The Mayor is to faithfully communicate the position of the Council majority in matters of policy.

D. Seating Arrangement for City Council. The Mayor assumes the center chair on the dais and oversees the seating location of the other Councilmembers at all meetings of the Council, in council chambers or elsewhere. The Mayor will, following each Council election of officers and at such other times as the Mayor deems it necessary, establish the seating arrangement of the Councilmembers. The Mayor Pro Tem will always be seated immediately next to the Mayor.

E. Signing Documents. The Mayor, whenever available, shall sign all ordinances, resolutions and other documents that have been adopted and authorized by the City Council and require an official signature. However, the City Manager or another City official may sign certain documents when so authorized by Council action and/or the provisions of the Victorville Municipal Code.

F. Absence of Mayor. In the absence of the Mayor, the Mayor Pro Tem performs the duties of the Mayor, including acting as the Presiding Officer at meetings. When both the Mayor and the Mayor Pro Tem are absent from any meeting of the Council, the City Clerk shall call the Council to order, whereupon a temporary Presiding Officer shall be elected by the Councilmembers present to serve until the arrival of the Mayor or Mayor Pro Tem, or until adjournment, whichever comes first.

G. New Councilmember Orientation. The Mayor will lead, with the assistance of the City Manager, new Councilmember orientations.

IV. ROLE AND DUTIES OF ALL COUNCILMEMBERS

A. Annual Review of Residency

Government Code Section 36502(a) requires Councilmembers of this City to maintain a legal residence or domicile within the City of Victorville and rules regarding residency are further discussed in Section 243 and 244 of the Government Code. To properly ensure compliance, Councilmembers shall be required to certify with the City Clerk annually, their residency or domicile within the City of Victorville. To be considered certified, each proof of residency as described below must contain the house number (and apartment number if applicable) and street name of the residency or domicile in an unredacted state.

Acceptable forms of proof of residency are as follows:

Councilmembers are required to live in the District they represent and are required to live in the City of Victorville during their entire term in office. To ensure that the Councilmembers continue to live in the area they represent, each elected official must submit one of the following Chapter 2
5 documents to the City Clerk during the first 31 calendar days of the year (January 1st to 31st):

1. Proof of home ownership as evidenced by:

1) a copy of a title deed or grant deed, a mortgage payment billing statement verifying the address or any other document that can verify home ownership and residency of the property, or

2) evidence of a homeowner's property tax exemption filed with the County of San Bernardino Assessor for proof that the home is their primary residence.

If the elected official does not have a tax exemption on file they must submit an affidavit signed by the elected official verifying that the home is their primary residence; or

If the home ownership is in the name of a person other than the elected official, or in the name of a legal entity, such as a trust, partnership or corporation, the elected official must submit an affidavit signed by the homeowner or authorized legal representative of the entity verifying that the elected official is living in the home as their primary residence; or If the residence is rented or leased by the elected official, the elected official will provide proof of residency by submitting a signed copy of a current and legally enforceable lease or rental agreement demonstrating that the elected official resides at the specified address; or

If an elected official is living at a residence without a lease/rental agreement the elected official must have the landlord or property owner sign an affidavit verifying, under penalty of perjury, the elected official's residency in landlord or owner's property

2. Proof of current motor vehicle registration, if any motor vehicles are registered to the elected official for the residence claimed or proof of a valid California driver's license showing their address on their license is within the Disrtict they represent. If the residence address on either the driver's license or auto registration is in process of being changed, the elected official must provide a document from the California Department of Motor Vehicles (Form DMC14) verifying the change is in process. If the elected official does not own an automobile or does not have a California driver's license, the elected official must submit any other State of California issued identification showing that their address on the identification document is consistent with the address shown on their current voter registration.

3. A current utility bill in the elected member's name showing that the service address is within the respective District for the Councilmember in the elected official's name. In the event a utility bill has not been generated, a letter from an authorized representative of the utility provider stating that an account has been opened in the elected official's name will suffice. If there is an agreement with a landlord or other legal entity, as verified by a rental contract or lease contract, that the landlord or other legal entity will pay the utility bill, the elected official must submit an affidavit signed by the landlord or the other legal entity's Chapter 2
6 authorized legal representative, verifying that the landlord or other legal entity is responsible for paying the utility bill.

4. Other documents showing current residence address in the respective District for Councilmembers:

A. School records or any official document issued by an accredited educational institution, sealed by the school.

B. Current paycheck stub or personnel record issued by the elected official's employer.

C. Current homeowner or renter insurance policy.

D. Current documents issued by any California court or a federal court that lists the name of the elected official and their residence address.

E. Original record issued by any state or national bank, state or federal savings association, trust company, industrial loan company, state or federal credit union, or any institution or entity that has issued a credit card.

Additionally, the elected official must sign an affidavit verifying, under penalty of perjury, residency.

In the event that a Councilmember moved to a new residence within the District, after the filing of the previous affidavit, the elected official must confirm the new address within 30 days of moving by providing one of the documents listed in items 1 through 4 and an affidavit to the City Clerk.

Incumbent elected officials who have not relocated since the information required by this Section was last provided may comply with this Section by supplying a copy of a current driver's license or State of California issued identification card and an affidavit that they have not relocated and all previously supplied information remains true and correct. The City Clerk shall confirm that the residence address on the incumbent elected official's voter registration is consistent with the other items supplied to demonstrate the residence address in the respective District that residence is claimed for serving in a City Council seat.

Failure to provide any of the above‐required documents on or before January 31st of each year shall be referred to the City Council for further action and could result in his/her office becoming vacant in accordance with Government Code Section 36502, and the City Council could take an action to remove said Councilmember.

Chapter 2
7 Government Code Section 36502(a) provides:

“A person is not eligible to hold office as councilmember…unless he or she is at the time of assuming the office an elector of the city, and was a registered voter of the city at the time nomination papers are issued to the candidate…If, during his or her term of office, he or she moves his or her place of residence outside of the city limits or ceases to be an elector of the city, his or her office shall immediately become vacant.”

Alternatively, for non‐compliance with this Section, the Council could consider taking action to remove the Councilmember from committee assignments and access to public facilities outside of normal working hours.

B. Advance Preparation for Meetings.

1. Prior Review of Agenda Materials. Prior to attending Council and committee meetings, study sessions and/or workshops, Councilmembers shall read or otherwise familiarize themselves with each agenda and supporting documentation for the items thereon.

2. Seek Prior Clarification of Agenda Materials. In respect for everyone’s time and to help ensure that individual Councilmembers may be equipped to make informed decisions, do his/her best work, and move meetings forward in a meaningful way, it is incumbent upon each Councilmember to promptly seek answers to questions he/she may have about the posted agenda items and agenda‐package materials for the immediately pending meeting. Toward fulfilling these objectives, Councilmembers should seek the aforementioned assistance from the City Manager, City Attorney, City Clerk, or such Senior Management as the City Manager may designate (e.g., Assistant City Manager, Deputy City Manager, City Engineer, Public Information Officer, City Department Directors, or the Police Chief) as soon as possible after receipt of the agenda package and prior to the meeting to which the agenda package relates.

3. Avoid Unfair Surprise. Councilmembers should advise the City Manager in advance of issues or questions they intend to bring up at a public meeting. This refers to issues and questions that City staff would not normally anticipate or have researched for that particular meeting.

4. Report Possible Absences. Each Councilmember shall report immediately to the Mayor and City Clerk any likelihood of absence in order to ensure the most effective facilitation of City Council meetings. To the extent any Councilmembers are absent or going to be absent for two or more consecutive regular council meetings, that Councilmember should seek the consent of the City Council to excuse such absence either prior to the absence, or immediately upon return, which consent shall require majority vote of the quorum.

C. Councilmember Appointments and Assignments. Following nominations by individual Chapter 2
8 Councilmembers, the City Council confirms by a majority vote of the entire membership its appointments to City commissions, boards, and standing committees, as well as its appointments to the various boards, commissions, and committees of outside agencies on which Councilmembers serve as representatives of the City. The nomination process for such appointments shall follow the same nomination procedures as provided in Chapter 2, Section II of this Manual relating to the nomination of Mayor and Mayor Pro Tem. See Chapter 9 as to the roles and duties of such committee, commission, and board appointees, and additional rules relating to nominations and the filling of vacancies. Chapter 9 also provides rules relating to the creation and purposes of Ad Hoc subcommittees composed of less than a quorum of the City Council.

D. Council Vacancies. Whenever a vacancy occurs in the office of City Councilmember, the City Council will fill the vacancy by appointment or special election in accordance with the procedures set forth in Government Code section 36512 or the provisions of any ordinance adopted by the City Council thereunder. If a vacancy is to be filled by appointment, and in order that the Council may select the candidate best suited to the position, the City shall initiate an application and interview process which shall be robust, uniform, and free from the appearance of impropriety. Except for official communication with the City Manager’s office, which includes the City Clerk, all contact between Councilmembers and candidates regarding the appointment process and/or potential appointment is restricted to a formal interview process during a public meeting. Any candidate who violates this protocol may be excluded from appointment. An ad hoc subcommittee of less than a quorum of the Council shall develop the process for appointment, which is subject to Council approval.

E. Leadership, Goals, and Policy; Ex‐Officio Roles of the City Council.

1. Leadership, Goals, and Policy. City Councilmembers are elected to provide leadership in setting goals and in formulating policies. The City Council is the focal point for identifying and interpreting the wishes of the citizens and translating these into specific programs.

Successful goal setting and policy formulation largely depend on a good working relationship amongst the Council and between the Council and the administrative staff.

Under the City Manager’s direction, staff can provide assistance in analyzing the City’s needs, suggesting action programs, and calculating the costs of proposals. However, the Council has the final responsibility for establishing local policies and determining services and budget levels appropriate for the City.

2. Ex‐Officio Roles. The City Council also serves as the Boards for the Victorville Water District (“VWD”), the Southern California Logistics Airport Joint Powers Authority (“SCLAA”), the Southern California Logistics Rail Authority ("SCLRA”), the Library Board of Trustees, the Successor Agency to the Victorville Redevelopment Agency, the Housing Assets Successor, and the Victorville Joint Powers Financing Authority (“JPFA”), with all meetings being held concurrently. References made in this Manual to the City Council also include the Council when acting in it its roles as the boards of the aforementioned entities.

Chapter 2
9 F. Engaging in Legislative and Quasi‐Judicial Decisions/Acts. Almost all actions or decisions made by the City Council fall into one of two categories: legislative or quasi‐judicial.

1. Legislative. These actions/decisions formulate rules to be applied to all future cases.

Examples include, but are not limited to: adoption and amendments to municipal codes, general plans, zoning codes, and personnel regulations. These actions are generally taken by ordinance or resolution.

2. Quasi‐Judicial. While legislative actions establish public policy and rules applicable to groups of property or people, quasi‐judicial proceedings affect individual properties or parties. Quasi‐judicial proceedings involve the application of established standards to individual facts to determine specific rights or to take specific actions under existing law.

3. Due Process. The distinction between these two types of acts/decisions comes into play in the due process afforded to parties (particularly in the public and appeal hearing context), as explained in more detail in Chapter 3, Section VI of this Manual.

G. Issuing Subpoenas. Pursuant to Government Code section 37104, the City Council may issue subpoenas to require attendance of witnesses or production of books or other documents for evidence or testimony in any action or proceeding pending before the Council. The form of oaths administered by the City Clerk will be substantially in the following form:
<Name of affiant>
“I hereby declare or affirm under penalty of perjury that the testimony I am about to give before the City Council is the truth.”
H. Compliance with Code of Ethics. On July 7, 2009, the City Council adopted Resolution No. 09‐ 059 establishing a Code of Ethics setting forth principles and standards of conduct to be observed by all Councilmembers. Immediately upon adoption of this Manual by resolution of the City Council, Resolution No. 09‐059 shall be superseded in its entirety by the provisions of Section V, below.

I. Handling Concerns or Complaints from the Public and Staff. Councilmembers shall function within their established roles when listening to concerns or complaints from the public and staff. While it is important to be available when issues arise, Councilmembers shall abide by uniform procedures to ensure matters are handled expeditiously and everyone is treated respectfully and fairly. Councilmembers shall remain neutral when receiving reports, conveying that they have no individual authority to resolve issues and further recognizing that only one side of the story is being heard. Councilmembers shall adhere to their policy role pursuant to Chapter 2 of this Manual, being certain not to interfere with the administrative functions of the City or the professional duties of City staff. The same level of care must be exercised when responding to emails as is described for personal interactions.

Chapter 2
10 Councilmembers shall use the following procedures when handling concerns or complaints:

1. Receive ‐ Listen to what the person has to say without preparing a response.

2. Repeat ‐ Paraphrase or ask a question to clarify for understanding. Ask the person to identify those to whom s/he has spoken about the matter prior to contacting a Council member.

3. Request ‐ Ask what the person would like the Council member to do with the information and/or what is seen as a solution to the problem.

4. Review ‐ Indicate that the information will be shared with the City Manager in order that the City Manager or his or her designee may be able to provide a response or additional information as may be necessary.

V. CODE OF ETHICS FOR COUNCILMEMBERS

A. Intent and Purpose. To assure public confidence in the integrity of local government and its effective and fair operation, this Code of Ethics provides a framework for day‐to‐day actions and decision‐making by Councilmembers and represents a commitment to uphold a standard of integrity beyond that required by law. The citizens and businesses of Victorville are entitled to a fair, ethical, and accountable local government that has earned the public’s full confidence for integrity. To ensure the effective functioning of democratic government, the City Council requires each of the following:

1. Public officials, both elected and appointed, comply with both the letter and spirit of the laws and policies affecting the operations of government.

2. Public officials be independent, impartial, and fair in their judgment and actions.

3. Public office be used for the public good, not for personal gain.

4. Public deliberations and processes be conducted openly, unless legally confidential, in an atmosphere of respect and civility.

B. Principles and Standards. The principles and standards of ethical conduct for Victorville City Councilmembers are hereby established as set forth below.

1. Act in the Public Interest. Recognizing that stewardship of the public interest must be their primary concern, Councilmembers will work for the common good of the people of Victorville and not for any private or personal interest, and they will assure fair and equal treatment of all persons, claims and transactions coming before the Victorville City Council.

Chapter 2
11 2. Comply with the Law. Councilmembers shall comply with the laws of the nation, the State of California, and the City of Victorville in the performance of their public duties. These laws include, but are not limited to: the United States and California Constitutions, the Victorville City Charter, the Victorville Municipal Code, laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities, open government, and City ordinances and policies.

3. Councilmember Conduct. The professional and personal conduct of Councilmembers must be above reproach and avoid the appearance of impropriety. While it is understood that Councilmembers enjoy First Amendment rights, they shall practice civility and decorum in discussions and debate, and refrain from abusive conduct, personal charges, or verbal attacks upon the character or motives of other members of the Council, boards, commissions, staff, or the public that is intended to disrupt and not further the City's business.

4. Respect for Process. Councilmembers shall perform their duties in accordance with the processes and rules of order established by the Council governing the deliberation of public policy issues, meaningful involvement of the public, and implementation of policy decisions of the Council by City staff.

5. Decisions Based on Merit.

Councilmembers shall base their decisions on the merits and substance of the matter at hand, rather than on unrelated considerations.

6. Conflict of Interest. In order to assure their independence and impartiality in the City’s best interest, Councilmembers shall not use their official positions to influence decisions in which they have a conflict of interest.

7. Gifts and Favors. Councilmembers shall follow the laws that apply to the acceptance of gifts or favors as a public official.

8. Use of Title. Councilmembers may use their title only when conducting official City business, for informational purposes, or as an indication of background and expertise.

Individual Councilmembers must be careful not to: 1) exceed or appear to exceed his/her authority, 2) use his/her position to influence others unduly or, 3) use his/her title to improperly gain leverage or preferential treatment.

9. Confidential Information. Councilmembers shall respect the confidentiality of information concerning the property, personnel, or affairs of the City. They shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial, or other private interests.

10. Use of Public Resources. Councilmembers shall not use public resources, such as City staff time, equipment, supplies, or facilities, for private gain or personal purposes.

Chapter 2
12 11. Advocacy. Councilmembers shall represent the official policies or positions of the Council to the best of their ability when designated as delegates for this purpose. When presenting their individual opinions and positions, Councilmembers shall explicitly state they do not represent the opinion of the entire Council.

12. Positive Workplace Environment. Councilmembers shall support the maintenance of a positive and constructive workplace environment for their employees, City employees, private citizens, and businesses dealing with the City. Councilmembers shall recognize their role in individual dealings with City employees. Councilmembers shall not be immune to potential liability and/or legal proceedings by City employees when the rights of such employees who are acting within the scope of their employment have been infringed upon or violated by Councilmembers.

13. Policy Role of Councilmembers. Councilmembers shall respect and adhere to the Council‐Manager structure of Victorville City government. In this structure, the City Council determines the policies of the City with the advice, information, and analysis provided by the public, boards, commissions, and City staff. Councilmembers shall not interfere with the administrative functions of the City or the professional duties of City staff, nor shall they impair the ability of staff to implement Council policy decisions.

14. Enforcement. Councilmembers have the primary responsibility to ensure that this Code of Ethics is followed so the public may have full confidence in the integrity of government.

Although this Code of Ethics and Conduct is intended to “be self‐enforcing” and will be most effective when Councilmembers are thoroughly familiar with and embrace its provisions, City Councilmembers who intentionally and/or repeatedly do not follow proper conduct may be subject to an informal reprimand (a statement of disapproval) or formal censure as set forth in Chapter 10 of this Manual.

C. Norms and Protocols. The following norms were agreed to by each individual Councilmember present during the Governance Workshops of February 2020 and February 2021. On March 28, 2023, during the Governance Workshop, Council revised said norms to the following:

Chapter 10
13 1) We conduct ourselves in a
professional manner during
meetings and beyond.

2) We respect open government in
word and deed.

3) We expect civil, intelligent public
discourse.

4) We are efficient in our
meetings.

5) We treat all members of the
public with respect.

6) We contribute to a positive
workplace environment.

7) We yield ourselves to the
Council‐ Manager form of
government, and
Councilmembers do not
interfere with the role of the
City Manager or any
professional duties of City staff.

8) We keep confidential matters
confidential.
9) We foster a good working
relationship between Councilmembers
and staff to promote good goal setting,
policy making and service delivery.

10) We understand that the Council acts as a
body, all members are equal, and policy
direction is only given by a majority vote
of the Council.

11) We support staff’s obligation to
implement decisions made by the
Council, even if one of us doesn’t agree
with the Council’s decision.

12) We are prepared for Council meetings
and ask our questions of staff in advance
so we can avoid surprising staff at the
meetings. We know this is good
teamwork.

13) We act with high integrity in all matters
and follow our code of ethics.

041..1‐ATTACHMENT A‐CITY COUNCIL POLICY MANUAL COVER THROUGH CH 2 REV REDLINE 12.11.23.DOCX

City of Victorville
City Council Policy and Procedures Manual

Adopted by the Victorville City Council
by Resolution No. 17-056 on October 3, 2017
Revised by Resolution No. 18-074 on September 4, 2018
Revised by Resolution No. 19-057 on October 1, 2019
Revised by Resolution No. 20-055 on June 23, 2020
Revised by Resolution No. 21-021 on March 16, 2021
Revised by Resolution No. 22-015 on May 17, 2022
Revised by Resolution No. 22-111 on October 4, 2022
Revised by Resolution No. 23-015 on March 7, 2023
Revised by Resolution No. 23-018 on March 21, 2023
Revised by Resolution No. 23-025 on April 4, 2023
Revised by Resolution No. 23-030 on May 16, 2023
Revised by Resolution No. 23-104 on December 19, 2023

TABLE OF CONTENTS

TABLE OF CONTENTS i
C
HAPTER 1
- IN
TRODUCTION AND PURPOSE 1
CHAPTER 2 - RO LE OF CITY COUNCIL 2
CHAPTER 3 - CO UNCIL MEETINGS 11
CHAPTER 4 - A GENDA 19
CHAPTER 5 - M EETING RULES OF CONDUCT AND DECORUM 22
CHAPTER 6 - A DMINISTRATIVE MATTERS 32
CHAPTER 7 - RE LATIONSHIP AND CONDUCT 35
CHAPTER 8 – COMMUNICATION AND REPRESENTATION 40
CHAPTER 9 - C OMMISSIONS, COMMITTEES AND BOARDS 48
CHAPTER 10 - ENFORCEMENT 52

-i-

Chapter 1
1 CHAPTER 1 ‐ INTRODUCTION AND PURPOSE

I. PURPOSE OF MANUAL

C. Ease of Reference. Having the majority of the rules, procedures, practices and policies (hereinafter collectively “Rules”) of the Victorville City Council consolidated and contained in a single, easily -accessible document will clarify expectations and responsibilities and will streamline the conduct of meetings and other City Council business in the public interest.

II. EFFECTIVE DATE AND PERIODIC REVIEW/UPDATE OF MANUAL

B. Biennial Review. This Manual will be reviewed at least biennially (once every two years) and be revised by City Council Resolution if and as needed.

Chapter 2
2 CHAPTER 2 ‐ ROLE OF CITY COUNCIL

I. OVERVIEW

B. Establishment of City Policy. City Policy is established and direction is given to City staff by a majority vote of the Council. Neither the Mayor nor the Mayor Pro Tem has veto power or any other policy-making authority beyond that of the other Councilmembers.

II. COUNCIL ELECTION AND GOVERNANCE

The City of Victorville is governed by a five -member City Council elected to four -year terms on a staggered basis. Councilmembers are elected in the general election in November of even - numbered years. The Mayor and Mayor Pro Tem will be appointed by a majority vote of the entire membership of the City Council. The City Council shall appoint the Mayor and Mayor Pro Tem for one-year terms at the first regular meeting in December of every year or as soon thereafter as feasible and, when applicable, following the certification of election results and seating of new City Councilmembers. Effective as of the organization meeting of 2024, with respect to Councilmember terms, the following provisions shall apply : in no event shall a Mayor serve more than two (2) consecutive terms per his or her term of office, unless additional service is granted by a two-thirds (2/3) affirmative vote of the entire Council membership. The newly-appointed Mayor and Mayor Pro Tem assume their positions immediately following the majority vote.

The nomination and appointment procedure for the offices of Mayor and Mayor Pro Tem shall be conducted in successive order and as shown below.

1. The City Clerk opens nominations.

2. The City Clerk receives up to one nomination per Councilmember until no further nominations are forthcoming. Seconds are not required.

3. The City Clerk closes nominations.

Chapter 2
3 4. The City Clerk calls on each Councilmember to cast by verbal vote the name of his/her nominee of choice.

5. The City Clerk announces the outcome of the vote and declares the appointment upon a majority vote of the full membership.

6. If an appointment is not confirmed, the City Clerk repeats the foregoing procedure once more on the prospect of the City Council reaching agreement.

The newly-appointed Mayor shall preside over the process for the office of Mayor Pro Tem, unless he/she prefers the City Clerk facilitate the appointment.

Should the City Council be unsuccessful in its appointment efforts, whether it be by insufficiency of votes or failed action pursuant to Chapter 5, Section R, Tie Votes, the item shall be reconsidered during the next regular City Council meeting in expectation of securing the requisite consensus of the full body. Effective as of the organization meeting of 2024, if such consensus is not gained after the second consecutive Council meeting during which one or more appointments were considered, the Mayor Pro Tem, to the extent he/she is willing, shall assume the office of the Mayor until the next annual organizational meeting and the position of the Mayor Pro Tem will be reopened for nominations consistent with the procedures herein at the next regular City Council meeting.

III. ROLE AND DUTIES OF MAYOR

B. Presiding Officer. The Mayor is the Presiding Officer at all meetings of the City Council and acts as the chair. In this role, the Mayor has authority and discretion

2. to enforce (or cause to be enforced) the Meeting Rules of Conduct and Decorum as set forth in Chapter 5 of this Manual;

3. to determine the order of business at meetings of the City Council; and

4. to require any person addressing the City Council to be sworn as a witness and to testify under oath when, for example, testifying in judicial or quasi -judicial proceedings. The Mayor or other Presiding Officer shall also require such swearing-in if directed to do so by a majority of the Council.

Chapter 2
4 C. External Communication of Policy. The Mayor is to faithfully communicate the position of the Council majority in matters of policy.

G. New Councilmember Orientation. The Mayor will lead, with the assistance of the City Manager, new Councilmember orientations.

IV. ROLE AND DUTIES OF ALL COUNCILMEMBERS

A. Annual Review of Residency

Acceptable forms of proof of residency are as follows:

1. Proof of home ownership as evidenced by:

1) a copy of a title deed or grant deed, a mortgage payment billing statement verifying the address or any other document that can verify home ownership and residency of the property, or

2) evidence of a homeowner's property tax exemption filed with the County of San Bernardino Assessor for proof that the home is their primary residence.

If the elected official does not have a tax exemption on file they must submit an affidavit signed by the elected official verifying that the home is their primary residence; or

3. A current utility bill in the elected member's name showing that the service address is within the respective District for the Councilmember in the elected official's name. In the event a utility bill has not been generated, a letter from an authorized rep resentative of the utility provider stating that an account has been opened in the elected official's name will suffice. If there is an agreement with a landlord or other legal entity, as verified by a rental contract or lease contract, that the landlord o r other legal entity will pay the utility bill, the elected official must submit an affidavit signed by the landlord or the other legal entity's Chapter 2
6 authorized legal representative, verifying that the landlord or other legal entity is responsible for paying the utility bill.

4. Other documents showing current residence address in the respective District for Councilmembers:

A. School records or any official document issued by an accredited educational institution, sealed by the school.

B. Current paycheck stub or personnel record issued by the elected official's employer.

C. Current homeowner or renter insurance policy.

D. Current documents issued by any California court or a federal court that lists the name of the elected official and their residence address.

Additionally, the elected official must sign an affidavit verifying, under penalty of perjury, residency.

Failure to provide any of the above-required documents on or before January 31st of each year shall be referred to the City Council for further action and could result in his/her office becoming vacant in accordance with Government Code Section 36502, and the City Council could take an action to remove said Councilmember.

Chapter 2
7 Government Code Section 36502(a) provides:

Alternatively, for non-compliance with this Section, the Council could consider taking action to remove the Councilmember from committee assignments and access to public facilities outside of normal working hours.

B. Advance Preparation for Meetings.

1. Prior Review of Agenda Materials . Prior to attending Council and committee meetings, study sessions and/or workshops, Councilmembers shall read or otherwise familiarize themselves with each agenda and supporting documentation for the items thereon.

2. Seek Prior Clarification of Agenda Materials. In respect for everyone’s time and to help ensure that individual Councilmembers may be equipped to make informed decisions, do his/her best work, and move meetings forward in a meaningful way, it is incumbent upon each Councilmember to promptly seek answers to questions he/she may have about the posted agenda items and agenda -package materials for the immediately pending meeting. Toward fulfilling these objectives, Councilmembers should seek the aforementioned assistance from the City Manager, City Attorney, City Clerk, or such Senior Management as the City Manager may designate (e.g., Assistant City Manager, Deputy City Manager, C ity Engineer, Public Information Officer, City Department Directors, or the Police Chief) as soon as possible after receipt of the agenda package and prior to the meeting to which the agenda package relates.

3. Avoid Unfair Surprise . Councilmembers should advise the City Manager in advance of issues or questions they intend to bring up at a public meeting. This refers to issues and questions that City staff would not normally anticipate or have researched for that particular meeting.

E. Leadership, Goals, and Policy; Ex-Officio Roles of the City Council.

Successful goal setting and policy formulation largely depend on a good working relationship amongst the Council and between the Council and the administr ative staff.

2. Ex-Officio Roles. The City Council also serves as the Boards for the Victorville Water District (“VWD”), the Southern California Logistics Airport Joint Powers Authority (“SCLAA”), the Southern California Logistics Rail Authority ("SCLRA”), the Library Board of Trustees, the Successor Agency to the Victorville Redevelopment Agency, the Housing Assets Successor, and the Victorville Joint Powers Financing Authority (“JPFA”), with all meetings being held concurrently. References made in this Manual to the City Council also include the Council when acting in it its roles as the boards of the aforementioned entities.

Chapter 2
9 F. Engaging in Legislative and Quasi -Judicial Decisions/Acts . Almost all actions or decisions made by the City Council fall into one of two categories: legislative or quasi-judicial.

1. Legislative. These actions/decisions formulate rules to be applied to all future cases.

2. Quasi-Judicial. While legislative actions establish public policy and rules applicable to groups of property or people, quasi -judicial proceedings affect individual properties or parties. Quasi -judicial proceedings involve the application of established standards to individual facts to determine specific rights or to take specific actions under existing law.

G. Issuing Subpoenas. Pursuant to Government Code section 37104, the City Council may issue subpoenas to require attendance of witnesses or production of books or other documents for evidence or testimony in any action or proceeding pending before the Council. The form of oaths administered by the City Clerk will be substantially in the following form:
<Name of affiant>
“I hereby declare or affirm under penalty of perjury that the testimony I am about to give before the City Council is the truth.”
H. Compliance with Code of Ethics. On July 7, 2009, the City Council adopted Resolution No. 09- 059 establishing a Code of Ethics setting forth principles and standards of conduct to be observed by all Councilmembers. Immediately upon adoption of this Manual by resolution of the City Council, Resolution No. 09-059 shall be superseded in its entirety by the provisions of Section V, below.

I. Handling Concerns or Complaints from the Public and Staff. Councilmembers shall function within their established roles when listening to concerns or complaints from the public and staff. While it is important to be available when issues arise, Councilmembers shall abide by uniform procedures to ensure matters are handled expeditiously and everyone is treated respectfully and fairly. Councilmembers shall remain neutral when receiving reports, conveying that they have no individual authority to resolve issue s and further recognizing that only one side of the story is being heard. Councilmembers shall adhere to their policy role pursuant to Chapter 2 of this Manual, being certain not to interfere with the administrative functions of the City or the professional duties of City staff. The same level of care must be exercised when responding to emails as is described for personal interactions.

Chapter 2
10 Councilmembers shall use the following procedures when handling concerns or complaints:

1. Receive - Listen to what the person has to say without preparing a response.

2. Repeat - Paraphrase or ask a question to clarify for understanding. Ask the person to identify those to whom s/he has spoken about the matter prior to contacting a Council member.

3. Request - Ask what the person would like the Council member to do with the information and/or what is seen as a solution to the problem.

4. Review - Indicate that the information will be shared with the City Manager in order that the City Manager or his or her designee may be able to provide a response or additional information as may be necessary.

V. CODE OF ETHICS FOR COUNCILMEMBERS

A. Intent and Purpose. To assure public confidence in the integrity of local government and its effective and fair operation, this Code of Ethics provides a framework for day-to-day actions and decision-making by Councilmembers and represents a commitment to uphold a standard of integrity beyond that required by law. The citizens and businesses of Victorville are entitled to a fair, ethical, and accountable local government that has earned the public’s full confidence for integrity. To ensure the effective functioning of democratic government, the City Council requires each of the following:

1. Public officials, both elected and appointed, comply with both the letter and spirit of the laws and policies affecting the operations of government.

2. Public officials be independent, impartial, and fair in their judgment and actions.

3. Public office be used for the public good, not for personal gain.

4. Public deliberations and processes be conducted openly, unless legally confidential, in an atmosphere of respect and civility.

B. Principles and Standards. The principles and standards of ethical conduct for Victorville City Councilmembers are hereby established as set forth below.

5. Decisions Based on Merit. Councilmembers shall base their decisions on the merits and substance of the matter at hand, rather than on unrelated considerations.

7. Gifts and Favors. Councilmembers shall follow the laws that apply to the acceptance of gifts or favors as a public official.

8. Use of Title. Councilmembers may use their title only when conducting official City business, for informational purposes, or as an indication of background and expertise.

10. Use of Public Resources . Councilmembers shall not use public resources, such as City staff time, equipment, supplies, or facilities, for private gain or personal purposes.

12. Positive Workplace Environment . Councilmembers shall support the maintenance of a positive and constructive workplace environment for their employees, City employees, private citizens, and businesses dealing with the City. Councilmembers shall recognize their role in individual dealings with City employees. Councilmembers shall not be immune to potential liability and/or legal proceedings by City employees when the rights of such employees who are acting within the scope of their employment have been infringed upon or violated by Councilmembers.

13. Policy Role of Councilmembers . Councilmembers shall respect and adhere to the Council-Manager structure of Victorville City government. In this structure, the City Council determines the policies of the City with the advice, information, and analysis provided by the public, boards, commissions, and City staff. Councilmembers shall not interfere with the administrative functions of the City or the professional duties of City staff, nor shall they impair the ability of staff to implement Council policy decisions.

14. Enforcement. Councilmembers have the primary responsibility to ensure that this Code of Ethics is followed so the public may have full confidence in the integrity of government.

Although this Code of Ethics and Conduct is intended to “be self -enforcing” and will be most effective when Councilmembers are thoroughly familiar with and embrace its provisions, City Councilmembers who intentionally and/or repeatedly do not follow proper conduct may be subject to an informal reprimand (a statement of disapproval) or formal censure as set forth in Chapter 10 of this Manual.

Chapter 10
13 1) We conduct ourselves in a
professional manner during
meetings and beyond.

2) We respect open government in
word and deed.

3) We expect civil, intelligent public
discourse.

4) We are efficient in our
meetings.

5) We treat all members of the
public with respect.

6) We contribute to a positive
workplace environment.

7) We yield ourselves to the
Council- Manager form of
government, and
Councilmembers do not
interfere with the role of the
City Manager or any
professional duties of City staff.

8) We keep confidential matters
confidential.
9) We foster a good working
relationship between Councilmembers
and staff to promote good goal setting,
policy making and service delivery.

10) We understand that the Council acts as a
body, all members are equal, and policy
direction is only given by a majority vote
of the Council.

11) We support staff’s obligation to
implement decisions made by the
Council, even if one of us doesn’t agree
with the Council’s decision.

12) We are prepared for Council meetings
and ask our questions of staff in advance
so we can avoid surprising staff at the
meetings. We know this is good
teamwork.

13) We act with high integrity in all matters
and follow our code of ethics.

DOC\041.2.1-CITY COUNCIL POLICY MANUAL COVER THROUGH CH 2 REV ONLY CLEAN 12.12.23.DOCX Item Number: 22
City Council / Board of Directors
Written Communications
Meeting of: December 19, 2023
Submitted By:

Sophie L. Smith, Deputy City Manager
Josefina Trevino, Human Resources Officer
Subject:

Council Member Benefits
Recommendation:

Any action is at the discretion of the Honorable City Council Fiscal Impact:

Dependent upon action taken
Discussion:

At the December 5, 2023 meeting, Mayor Pro Tem Becerra requested, and the City Council unanimously agreed to add this item for discussion and possible action at the December 19, 2023 meeting. The discussion is in reference to the Council's benefits. Specifically, whether or not a Council Member, that is also a CalPERS retiree, is entitled to the same benefits as the rest of the Council. Mayor Pro Tem Becerra also questioned if a CALSTRS retiree is similarly impacted. Mayor Pro Tem Becerra requested discussion to possibly reach a solution.

Background:

Below are the fringe benefits currently offered to City Council Members, as approved in Benefits Resolution 23-038 adopted with the FY 23-24 budget:

Fringe – The amount of $900 per month is provided by the City for health, dental, and vision coverage for all Council Members. If eligible family members are enrolled, they must be enrolled in the same coverage as elected by the Council Member. The maximum cashback benefit for Council Members waiving medical benefits is $400 per month. Council Members may purchase dental and vision coverage with this amount. Any remaining balance may be deposited into a flexible spending account or included as taxable income on their paychecks.

The City of Victorville contracts with CalPERS to provide all medical plans to active employees, as well as its retirees. CalPERS offers two categories to differentiate between active and retired employees. The medical plans available to Council Members fall within the “active” category.

Discussion:

Because Mayor Pro Tem Becerra is a retiree from the City of Victorville, she is currently enrolled in a “retiree” medical program through CalPERS. She has earned this benefit through her past employment with the City of Victorville. As a Council Member, although she is entitled to an additional benefit up to $900, she must waive the Council Member medical benefits provided through an “active” plan, and instead take the cashback benefit of $400 monthly. She cannot enroll in the “active” plan to try to take advantage of the full Council Member benefit of $900 because of her status as a CalPERS retiree. Mayor Pro Tem Becerra inquired whether she could access the “active” employee medical insurance plan, instead of the retiree plan. According to CalPERS, the retiree cannot be enrolled in the active plan unless they are reinstated from retirement, or “un-retire.” With this restriction, a CalPERS retiree does not have access to the full benefit provided to all Council Members of $900 per month. The maximum amount they may receive is $400 per month. This scenario would not apply to any retirees from other agencies, including CalSTRS, since CalPERS is a separate entity.

In order for a Council Member, who is also a CalPERS retiree, to receive the full $900 monthly benefit, the proposed language would need to be added the Benefits Resolution (please see italics)
Fringe – The amount of $900 per month is provided by the City for health, dental, and vision coverage for all Council Members. If eligible family members are enrolled, they must be enrolled in the same coverage as elected by the Council Member. The maximum cashback benefit for Council Members waiving medical benefits is $400 per month. Any Council Member who is a CalPERS retiree and not allowed to enroll in the City’s active plan, may receive a maximum of $900 per month cash back. Council Members may purchase dental and vision coverage with this amount. Any remaining balance may be deposited into a flexible spending account or included as taxable income on their paychecks.

Staff is available for any questions that you may have.

Victorville City CouncilDecember 19, 2023

Victorville City Council
December 19, 2023