Agenda packet — Victorville City Council, June 18, 2024 (part 4 of 4)

The Plan’s provisions and benefits in effect as of the measurement period ended June 30, 2022, are summarized as follows:

Miscellaneous
Prior to
January 1, 2013

2.5%@55
5 Years
on or after
January 1, 2013

2.0%@62
5 Years
Hire Date
Benefit Formula
Benefit Vesting Schedule
of Service
Monthly for Life
50 to 55
of Service
Monthly for Life
52 to 67
Benefit Payments
Retirement Age
Required Employee Contribution Rates
Required Employer Contribution Rates:

Normal Cost Rate

8.00% 6.75%

10.34%
$291,574

10.25%
N/APayment of Unfunded Liability
Contributions
Section 20814(c) of the California Public Employees’ Retirement Law requires that the employer contribution rates for all public employers are determined on an annual basis by the actuary and shall be effective on the July 1 following notice of a change in the rate. The total plan contributions are determined through CalPERS’ annual actuarial valuation process. The actuarially determined rate is the estimated amount necessary to finance the costs of benefits earned by employees during the year, with an additional amount to finance any unfunded accrued liability. The SCLAA is required to contribute the difference between the actuarially determined rate and the contribution rate of employees. SCLAA contribution rates may change if plan contracts are amended. Payments made by the employer to satisfy contribution requirements that are identified by the pension plan terms as plan member contributions requirements are classified as plan member contributions. For the fiscal year ended June 30, 2023, SCLAA made contributions totaling $484,566. (30)

SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY

NOTES TO FINANCIAL STATEMENTS
JUNE 30, 2023
NOTE 6 PENSION PLAN (CONTINUED)
Pension Liabilities, Pension Expenses, and Deferred Outflows/Inflows of Resources Related to Pensions
Actuarial Assumptions
The total pension liability for the Miscellaneous Plan for the June 30, 2022 measurement period was determined by an actuarial valuation as of June 30, 2021, with update procedures used to roll forward the total pension liability to June 30, 2022. The total pension liability for the Miscellaneous Plan was based on the following assumptions:

Valuation Date June 30, 2021
Measurement Date
Actuarial Cost Method
June 30, 2022
Entry-Age Normal
Cost Method
Asset Valuation Method
Actuarial Assumptions:

Discount Rate
Inflation
Salary Increases
Market Value of Assets

6.90%

2.30%
(1)
Mortality Rate Table
Post Retirement Benefit Income
(2)
(3)
(1) Varies by entry age and service.
(2) The mortality table used was developed based on CalPERS-specific data. The probabilities of mortality are based on the 2021 CalPERS Experience Study for the period from 2001 to 2019. Pre-retirement and Post-retirement mortality rates include generational mortality improvement using 80% of Scale MP-2020 published by the Society of Actuaries. For more details on this table, please refer to the CalPERS Experience Study and Review of Actuarial Assumptions report from November 2021 that can be found on the CalPERS website.
(3) The lesser of contract COLA up to 2.30% until Purchasing Power Protection Allowance Floor on Purchasing Power applies, 2.30% thereafter.

Long-Term Expected Rate of Return
The long-term expected rate of return on pension plan investments was determined using a building-block method in which expected future real rates of return (expected returns, net of pension plan investment expense and inflation) are developed for each major asset class.

In determining the long-term expected rate of return, CalPERS took into account both short- term and long-term market return expectations. Using historical returns all of the funds’ asset classes, expected compound (geometric) returns were calculated over the next 20 years using a building-block approach. The expected rate of return was then adjusted to account for assumed administrative expenses of 10 Basis points. The expected real rates of return by asset class are as follows:
(31)

SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY

NOTES TO FINANCIAL STATEMENTS
JUNE 30, 2023
NOTE 6 PENSION PLAN (CONTINUED)
Pension Liabilities, Pension Expenses, and Deferred Outflows/Inflows of Resources Related to Pensions (Continued)
Long-Term Expected Rate of Return (Continued)
Assumed
Asset
Allocation
Real Return
(a) (b)Asset Class (a)
Global Equity - Cap-weighted
Global Equity - Non-Cap-weighted
Private Equity

30.00 % 4.54 %

12.00 13.00

5.00 5.00

10.00 5.00

5.00 5.00

15.00 (5.00)
100.00 %

3.84 7.28

0.27 0.50

1.56 2.27

2.48 3.57

3.21 (0.59)
Treasury
Mortgage-backed Securities
Investment Grade Corporates
High Yield
Emerging Market Debt
Private Debt
Real Assets
Leverage
Total
(a) An expected inflation of 2.30% used for this period (b) Figures are based on the 2021 Asset Liability Management study.

Discount Rate
The discount rate used to measure the total pension liability was 6.90%. The projection of cash flows used to determine the discount rate assumed that contributions from plan members will be made at the current member contribution rates and that contributions from employers will be made at statutorily required rates, actuarially determined. Based on those assumptions, the Plan’s fiduciary net position was projected to be available to make all projected future benefit payments of current plan members. Therefore, the long-term expected rate of return on plan investments was applied to all periods of projected benefit payments to determine the total pension liability.

Change in Assumptions
The discount rate and long-term rate of return decreased from 7.15% to 6.90% and the inflation rate decreased from 2.50% to 2.30% from the measurement date June 30, 2021 to June 30, 2022.

Proportionate Share of Net Pension Liability – City’s Miscellaneous Agent Multiple-Employer Plan Allocation to the SCLAA
The SCLAA’s net pension liability for the Plan is measured as the proportionate share of the net pension liability. The SCLAA’s proportionate share of the net pension liability was based on a projection of the SCLAA’s long-term share of contributions to the Miscellaneous Plan relative to the projected contributions of the City, actuarially determined. (32)

SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY

NOTES TO FINANCIAL STATEMENTS
JUNE 30, 2023
NOTE 6 PENSION PLAN (CONTINUED)
Pension Liabilities, Pension Expenses, and Deferred Outflows/Inflows of Resources Related to Pensions (Continued)
Proportionate Share of Net Pension Liability – City’s Miscellaneous Agent Multiple-Employer Plan Allocation to the SCLAA (Continued)
The SCLAA’s proportionate share of the net pension liability for the Miscellaneous Plan as of the measurement dates ended June 30, 2021 and 2022, was as follows:

Increase (Decrease)
Total Pension
Liability
Plan Fiduciary
Net Position
(b)
Net Pension
Liability
(c) = (a) - (b)
Proportionate
Share(a)
Balance at: 6/30/2021 (MD)
Balance at: 6/30/2022 (MD)
Net Changes During 2021-22
$ 16,301,242
16,021,435
$ 13,701,715
11,517,747
$ 2,599,527
4,503,688
1,904,161

7.18%

6.58%
-0.60%$ (279,807) $ (2,183,968) $
Pension Expense and Deferred Outflows and Inflows of Resources For the year ended June 30, 2023, the SCLAA recognized pension expense of $669,532 for the Miscellaneous Plan. At June 30, 2023, the SCLAA reported deferred outflows of resources and deferred inflows of resources related to pensions from the following sources for the Miscellaneous Plan:

Deferred
Outflows of
Resources
Deferred
Inflows of
Resources
Pension Contributions Subsequent to the
Measurement Date
Changes of Assumptions
Differences Between Expected and Actual Experience
Net Difference Between Projected and Actual
Earnings on Pension Plan Investments
Total
$
$
484,566
466,600
119,220
$
$
-
-
(234,104)
638,826
1,709,212
-
(234,104)
$484,566 reported as deferred outflows of resources related to contributions subsequent to the measurement date will be recognized as a reduction of the net pension liability in the year ending June 30, 2024. Differences between projected and actual investment earnings are amortized on a five-year straight-line basis and all other amounts are amortized over the expected average remaining service lives of all members that are provided with benefits. (33)

SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY

NOTES TO FINANCIAL STATEMENTS
JUNE 30, 2023
NOTE 6 PENSION PLAN (CONTINUED)
Pension Liabilities, Pension Expenses, and Deferred Outflows/Inflows of Resources Related to Pensions (Continued)
Pension Expense and Deferred Outflows and Inflows of Resources (Continued) Other amounts reported as deferred outflows of resources and deferred inflows of resources related to pensions will be recognized as pension expense as follows:

Deferred
Measurement Period
Ended June 30,
2024
Inflows of
Resources
282,020
229,583
108,207
370,732
-
$
2025
2026
2027
2028
Thereafter -
Sensitivity of the Net Pension Liability to Changes in the Discount Rate The following presents the SCLAA’s proportionate share of the net pension liability for the Miscellaneous Plan, calculated using the discount rate of 6.90%, as well as what the SCLAA’s proportionate share of the net pension liability would be if it were calculated using a discount rate that is one percentage point lower or one percentage point higher than the current rate:

Discount Rate
1% Decrease
(5.90%)
Current Rate
(6.90%)
1% Increase
(7.90%)
Net Pension Liability $ 6,821,953 $ 4,503,688 $ 2,607,888 Pension Plan Fiduciary Net Position
Detailed information about each pension plan’s fiduciary net position is available in the separate issued CalPERS financial reports.

Payable to the Pension Plan
At June 30, 2023, the SCLAA had no outstanding amount of contributions to the Miscellaneous Plan required for the year ended June 30, 2023. (34)

SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY

NOTES TO FINANCIAL STATEMENTS
JUNE 30, 2023
NOTE 7 OTHER POSTEMPLOYMENT BENEFITS PLAN
Plan Descriptions
The SCLAA participates in the City’s Other Postemployment Benefits Defined Benefit Pension Plan and the SCLAA’s share of the total OPEB liability is reported as a cost-sharing plan in these financial statements.

The City Plan provides medical benefits to eligible retired City employees and beneficiaries in accordance with various labor agreements. The plan covers employees who retire directly from the City with eight years of service. The City provides a contribution up to a certain amount (a portion of the HMO single premium). The percentage varies based on years of service.

Funding Policy
The contribution requirements of plan members and the City are established and may be amended by City Council. The contribution required to be made under City Council and labor agreement requirements is based on a pay-as-you-go basis (i.e., as medical insurance premiums become due). The City has not established a trust that is administered by the City for the purpose of holding assets accumulated for plan benefits.

Contributions
The City Plan and its contribution requirements are established by Memoranda of Understanding with the applicable employee bargaining units and may be amended by agreements between the City and the bargaining units. The annual contribution is based on the year’s retiree medical premiums (pay-as-you-go basis). For the fiscal year ended June 30, 2023, the SCLAA’s cash contributions were $15,213 in cash benefit payments, $90 in administrative costs, and the estimated implied subsidy was $7,724, resulting in total payments of $23,027.

Total OPEB Liability
The City’s total OPEB liability was measured as of June 30, 2022 and determined by an actuarial valuation as of June 30, 2022.

Actuarial Cost Method
Actuarial Assumptions:

Discount Rate
Entry Age Normal

3.54%
Inflation 2.50%
Salary Increases 2.75% per annum, in aggregate
N/AInvestment Rate of Return
Mortality, Retirement, Disability,
and Termination 2000-2019 Experience Study
Mortality Improvement Postretirement mortality projected fully generational with Scale MP-2021
Healthcare Trend Rate Non-Medicare: 8.5% for 2024, decreasing to an ultimate rate of 3.45% in 2076
Medicare (Non-Kaiser) - 7.5% for 2024, decreasing to an ultimate rate of 3.45% in 2076
Medicare (Kaiser) - 6.25% for 2024, decreasing to an
ultimate rate of 3.45% in 2076
(35)

SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY

NOTES TO FINANCIAL STATEMENTS
JUNE 30, 2023
NOTE 7 OTHER POSTEMPLOYMENT BENEFITS PLAN (CONTINUED)
Discount Rate
The discount rate used to measure the total OPEB liability was 3.54%. The discount rate is determined based on the Bond Buyer 20-Bond Index since the City has not established a trust.

Change in Actuarial Assumptions
The following actuarial assumption changes occurred form the measurement periods ended June 30, 2021 to 2022:



The discount rate changed from 2.16% to 3.54% based on changes in the index.

Inflation was lowered from 2.75% to 2.50%.

The healthcare trend rate was updated as follows: Non-Medicare increased from

7.0% to 8.5%; Medicare (Non-Kaiser) increased from 6.1% to 7.5%; and Medicare (Kaiser) increased from 7.0% to 6.25%.


Demographic assumptions were updated from the CalPERS 1997-2015 Experience Study to the CalPERS 2000-2019 Experience Study.

Mortality improvement was updated from Scale MP-2020 to Scale MP-2021.

Allocation of Total OPEB Liability
The SCLAA’s proportionate share of the total OPEB liability as of the measurement dates ended June 30, 2021 and 2022, was as follows:

Total OPEB
Liability
Proportionate
Share
Balance - June 30, 2021 (MD)
Balance - June 30, 2022 (MD)
Net Changes During 2021-22
$
$
2,363,785
2,040,084
323,701

7.75%

8.64%

0.89%
Sensitivity of the Total OPEB Liability to Changes in the Discount Rate The following presents the SCLAA’s proportionate share of the total OPEB liability if it were calculated using a discount rate that is one percentage point lower or one percentage point higher than the current rate:

Discount Rate
1% Decrease
(2.54%)
Current Rate
(3.54%)
1% Increase
(4.54%)
Total OPEB Liability $ 2,414,543 $ 2,040,084 $ 1,741,551 (36)

SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY

NOTES TO FINANCIAL STATEMENTS
JUNE 30, 2023
NOTE 7 OTHER POSTEMPLOYMENT BENEFITS PLAN (CONTINUED)
Sensitivity of the Total OPEB Liability to Changes in the Health Care Cost Trend Rates The following presents the SCLAA’s proportionate share of the total OPEB liability if it were calculated using health care cost trend rates that are one percentage point lower (Non- Medicare: 7.5% for 2024 decreasing to 2.45% in 2076; Medicare (Non-Kaiser): 6.5% for 2024, decreasing to an ultimate rate of 2.45% in 2076; Medicare (Kaiser): 5.25% for 2024, decreasing to an ultimate rate of 2.45% in 2076) or one percentage point higher (Non- Medicare: 9.5% for 2024 decreasing to 4.45% in 2076; Medicare (Non-Kaiser): 8.5% for 2024, decreasing to an ultimate rate of 4.45% in 2076; Medicare (Kaiser): 7.25% for 2024, decreasing to an ultimate rate of 4.45% in 2076) than the current rate:

Healthcare Trend Rate
1% Decrease
$ 1,682,147
Current Rate
$ 2,040,084
1% Increase
$ 2,510,901Total OPEB Liability
Recognition of Deferred Outflows and Deferred Inflows of Resources Gains and losses related to changes in total OPEB liability are recognized in OPEB expense systematically over time. Amounts are first recognized in OPEB expense for the year the gain or loss occurs. The remaining amounts are categorized as deferred outflows and deferred inflows of resources related to OPEB and are to be recognized in future OPEB expense.

The recognition period differs depending on the source of the gain or loss:

Net Difference Between Projected and Actual
Earnings on OPEB Plan Investments
Plan Investments 5 Years
All Other Amounts Expected average remaining service
lifetime (EARSL) (9.8 Years at
June 30, 2022 measurement date)
OPEB Expense and Deferred Outflows/Inflows of Resources Related to OPEB For the fiscal year ended June 30, 2023, the SCLAA recognized OPEB expense of $68,740.

As of fiscal year ended June 30, 2023, the SCLAA reported deferred outflows/inflows of resources related to OPEB from the following sources:

Deferred
Outflows of
Resources
Deferred
Inflows of
Resources
Employer Contributions Subsequent to the
Measurement Date
Differences Between Expected and Actual Experience
Changes of Assumptions
$
$
23,027
-
244,576
267,603
$
$
-
(441,797)
(413,043)
(854,840)Total
(37)

SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY

NOTES TO FINANCIAL STATEMENTS
JUNE 30, 2023
NOTE 7 OTHER POSTEMPLOYMENT BENEFITS PLAN (CONTINUED)
OPEB Expense and Deferred Outflows/Inflows of Resources Related to OPEB (Continued)
The $23,027 reported as deferred outflows of resources related to contributions subsequent to the measurement date will be recognized as a reduction of the Total OPEB liability during the fiscal year ending June 30, 2024. Other amounts reported as deferred outflows of resources related to OPEB will be recognized as expense as follows:

Deferred
Measurement Period
Ending June 30,
2024
Inflows of
Resources
$ (92,839)
2025
2026
2027
2028
(92,839)
(92,839)
(69,716)
(48,460)
(213,571)Thereafter
Payable to the Pension Plan
At June 30, 2023, the SCLAA had no outstanding amount of contributions to the OPEB plan required for the year ended June 30, 2023.

NOTE 8 COMMITMENTS AND CONTINGENCIES
Litigation
The SCLAA is a defendant in certain legal actions arising in the normal course of operations. The accompanying basic financial statements reflect a liability for the probable amounts of loss associated with these claims.

Southern California Logistics Airport Authority and Stirling Enterprise LLC In the early 1990s, the U.S. Air Force closed George Air Force Base (former Base). In response the local communities formed the Victor Valley Economic Development Authority (VVEDA). VVEDA and the Air Force entered into agreements to lease and ultimately transfer title to the former Base to VVEDA. The subject land is designated as either Public Benefit Transfer (PBT) Parcels or Economic Development Conveyance (EDC) Parcels. The PBT Parcels are made up of approximately 2,200 acres previously used by the U.S. Air Force and are restricted to use as an airport. These parcels were transferred to SCLAA at no cost.

The EDC Parcels are made up of approximately 1,800 acres of adjacent property which may be developed for use as commercial property. SCLAA paid $1,636,489 and is required to pay additional $37,176 for these EDC Parcels. In 1993 a Redevelopment Plan was adopted by VVEDA establishing a redevelopment project area encompassing the former Base as well as approximately 55,000 additional acres. VVEDA delegated its decision-making authority relative to the former Base, now known as SCLAA. (38)

SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY

NOTES TO FINANCIAL STATEMENTS
JUNE 30, 2023
NOTE 8 COMMITMENTS AND CONTINGENCIES (CONTINUED)
Southern California Logistics Airport Authority and Stirling Enterprise LLC (Continued)
SCLAA adopted a Specific Plan in conformity with the Redevelopment Plan and adopted a Master Development Plan establishing its goal to develop the area as a cargo and aircraft maintenance facility and a business/industrial center thereby creating jobs and improving economic conditions in the Victor Valley.

In July 1998, SCLAA and Stirling Enterprises, LLC and its related entities (Stirling) entered into the first of several agreements for the marketing, acquisition, operation, and development of SCLAA. The Fourth Amended and Restated Master Agreement (Stirling Agreement) is the current agreement superseding all previous versions.

Revenues from Sales of Land
In August 2016, three agreements with Stirling were approved by the SCLAA Board of Directors that were intended to serve as a framework that encourages development before the expiration of the Master Agreement (MA). The three agreements are a Satisfaction and Termination Agreement, a Disposition, Exchange, and Development Agreement (#2), and an Option and Development Agreement.

The Disposition, Exchange, and Development Agreement allows for the removal of approximately 280-acres of Airport-owned property from the definition of EDC Parcels and the title transfer in fee to Stirling, of approximately 280 acres. The Airport-owned property will become available for the Airport for revenue-producing purposes and the Airport will have the flexibility to develop the subject property on a ground-lease basis with aviation and nonaviation (Section 2.01 of the Development and Exchange Agreement). Revenue sharing will only exist relating to these parcels if the respective transaction is procured by Stirling and be split 80/20 with the larger share to benefit SCLAA.

The Agreement also provides for the disposition of additional off-airport property. In addition to the Stirling Exchange Parcels, SCLAA will then transfer, in fee, 200 acres of property for the $.0203/psf purchase price ($176,448) and participate in revenue sharing for net proceeds in an amount equal to 30% (Section 2.03 of the Development and Exchange Agreement). Net proceeds are generally defined to be revenues generated from the eventual sale by Stirling that are residual to infrastructure costs, EIR costs and developer credits. The Agreement also transfers the public infrastructure obligations of the Authority pursuant to the MA and DDA to Stirling.

Finally, the Option Agreement, in connection with performance obligations related to the Development and Exchange Agreement, will provide Stirling the ability to acquire additional acreage currently provided for in the Master Agreement. Such an exercise of option will occur in 50-acre increments based on Stirling having developed 500,000 square feet of property owned by it. The Option Agreement is set up to run through December 2050 and can terminate sooner due to nonperformance described in Section 1.5 of the Option and Development Agreement.
(39)

SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY

NOTES TO FINANCIAL STATEMENTS
JUNE 30, 2023
NOTE 8 COMMITMENTS AND CONTINGENCIES (CONTINUED)
Management
Stirling is allowed to lease or cause to be leased the EDC Parcels and shall participate in 20% of the Net Lease Revenue from any such leases. The Authority has retained the right to lease the PBT Parcels and retain revenues from those leases, but shall allow Stirling to participate in 20% of any net lease revenues from tenants who may be procured by Stirling and approval by the Authority. Any revenues from other interim uses on the former Base such as filming will be shared on a 50%/50% basis between Stirling and Authority.

NOTE 9 SCLAA’S FINANCIAL CONDITION, SIGNIFICANT FINANCIAL OBLIGATIONS, AND MANAGEMENT’S PLANS
In fiscal year 08/09, the assessed value for the Victor Valley Redevelopment Project Area was approximately $9.49 billion. Beginning in fiscal year 09/10, there were significant decreases in assessed value for the Victor Valley Redevelopment Project Area. Assessed values for the Project Area reached a low point of $6.6 Billion in fiscal year 12/13. The decrease was largely the result of the Great Recession. Since fiscal year 12/13, assessed values have increased steadily. For fiscal year 20/21, the assessed value for the Project Area was approximately $9.99 billion. The steady increase in assessed values have resulted in the SCLAA paying all past due debt service in the previous fiscal year. As of the December 1, 2018 tax distribution, the SCLAA was no longer in default. In 2018, Moody’s issued an upgraded rating on the Successor Agency to the Victor Valley Economic Development Authority (VVEDA) Housing Set-Aside Tax Allocation Bonds and the Non- Housing Tax Allocation Bonds to “stable” outlook as a result of resolving the outstanding defaults, and the prospective analysis on increasing assessed values in the project area.

During fiscal year 19/20 and 20/21, SCLAA had results that were not as favorable as fiscal year 18/19 with a net loss of $3.5 million and $2.5 million, respectively. However, in fiscal years 21/22 and 22/23, SCLAA had a positive net income of $782,286 and $15,894,051, respectively. A summary of the financial condition of the SCLAA enterprise fund is as follows:

Beginning Net Position
Net Income
$ (123,650,976)
16,492,949
Ending Net Position $ (107,158,027)
Management’s Plans with Respect to its Financial Condition Management plans to ensure that annual expenditures do not exceed annual revenues and to build the reserves that are necessary to provide for economic uncertainties.

The SCLAA has continued to maintain a balance budget since 2007-2008 and all revenues are projected to cover current liabilities.
(40)

SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY

NOTES TO FINANCIAL STATEMENTS
JUNE 30, 2023
NOTE 9 SCLAA’S FINANCIAL CONDITION, SIGNIFICANT FINANCIAL OBLIGATIONS, AND MANAGEMENT’S PLANS (CONTINUED)
Management’s Plans with Respect to its Financial Condition (Continued) Regarding the SCLAA’s financial condition, an Interfund loan agreement was signed July 1, 2016 by the Board of SCLAA and a $10,000,000 advance was made available from the 2007 SCLA Housing bond fund to the Airport Operations Fund and has been used to subsidize operations. The advance had a term repayment of five years, with an annualized Wall Street Journal Prime Rate as the interest rate. In October 2022, the outstanding balance of the loan was repaid. The advance was within the fund itself.

NOTE 10 JOINTLY GOVERNED ORGANIZATIONS
Victor Valley Economic Development Authority
The Victor Valley Economic Development Authority (VVEDA) was formed in 1992 by the Cities of Victorville and Hesperia, the Town of Apple Valley, and the County of San Bernardino to provide the mechanism and funding to manage development of the property formerly known as the George Air Force Base, facilitate the successful reuse of the property, and promote economic development within the area surrounding the Air Base. In 2000, the City of Adelanto was added as a member of the Authority. In December 2011, Assembly Bill 1X 26 (the Bill) dissolved VVEDA, and as such all assets of the former VVEDA have been transferred to the VVEDA Successor Agency and are subject to the distribution’s provisions of the Bill. The SCLAA contains a portion of the VVEDA Successor Agency with the Town of Apple Valley and City of Adelanto comprising the rest of the VVEDA Successor Agency. The RPTTF (tax increment distributions) from VVEDA represent the primary revenue of the SCLAA. Financial statements may be obtained by sending a written request to Victor Valley Economic Development Authority, 18374 Phantom Street, Victorville, CA 92394.

NOTE 11 SUCCESSOR AGENCY TRUST FOR ASSETS OF THE FORMER REDEVELOPMENT AGENCY
On December 29, 2011, the California Supreme Court upheld Assembly Bill 1X 26 (the Bill) that provides for the dissolution of all redevelopment agencies in the state of California. This action impacted the SCLAA because the SCLAA has historically funded its operations and debt service using significant tax increment revenue from the Victor Valley Economic Development Agency (VVEDA). VVEDA has acted as a pass-through agency for the various recipients of tax increment revenue in the Victor Valley and is subject to the dissolution requirements of the Bill.

The Bill provides that upon dissolution of a redevelopment agency, either the city or another unit of local government will agree to serve as the “successor agency” to hold the assets until they are distributed to other units of state and local government. On January 17, 2012, the Victorville City Council elected to become the Successor Agency for the former redevelopment agency in accordance with the Bill as part of City resolution number 12-005. (41)

SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY

NOTES TO FINANCIAL STATEMENTS
JUNE 30, 2023
NOTE 11 SUCCESSOR AGENCY TRUST FOR ASSETS OF THE FORMER REDEVELOPMENT

AGENCY (CONTINUED)
After enactment of the law, which occurred on June 28, 2011, redevelopment agencies in the state of California cannot enter into new projects, obligations, or commitments. Subject to the control of a newly established oversight board, remaining assets can only be used to pay enforceable obligations in existence at the date of dissolution (including the completion of any unfinished projects that were subject to legally enforceable contractual commitments).

NOTE 12 LEASES
The SCLAA, acting as lessor, leases buildings and land under long-term, noncancelable lease agreements. The leases expire at various dates through 2056 and provide for renewal options ranging from 1 year to 55 years. During the year ended June 30, 2023, the SCLAA recognized $8,159,454 and $1,624,219 in lease revenue and interest revenue, respectively, pursuant to these contracts.

Certain leases provide for increases in future minimum annual rental payments based on a defined percent in the contract or increases in the Consumer Price Index, subject to certain minimum increases. Lease revenue comprises a majority of the SCLAA’s operating revenues, therefore, this activity is considered to be the principal operation of the SCLAA.

Total future minimum lease payments to be received under lease agreements are as follows:

Year Ending June 30,
2024
Principal Interest Total
$ 7,770,582
7,020,478
6,996,082
7,201,850
7,553,445
30,788,077
11,193,728
3,962,741
4,144,818
3,279,898
1,066,194
90,977,893
$ 1,784,891
1,700,945
1,644,500
1,521,580
1,312,066
4,412,609
1,722,627
1,079,111
638,687
$ 9,555,473
8,721,423
8,640,582
8,723,430
8,865,511
35,200,686
12,916,355
5,041,852
4,783,505
3,534,135
1,093,891
2025
2026
2027
2028
2029-2033
2034-2038
2039-2043
2044-2048
2049-2053
2054-2056
Total
254,237
27,697
16,098,950$ $ $ 107,076,843
(42)

REQUIRED SUPPLEMENTARY INFORMATION
(43)

SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY
SCHEDULE OF PLAN’S PROPORTIONATE SHARE OF NET PENSION LIABILITY (COST SHARING PLAN)
LAST TEN FISCAL YEARS*
Reporting Fiscal Year
(Measurement Date)
2023 2022 2021 2020 2019 2018 2017 2016 2015
(2022) (2021) (2020) (2019) (2018) (2017) (2016) (2015) (2014) Plan’s Proportion of the
Net Pension Liability 6.58% 7.18% 6.84% 6.86% 6.90% 6.95% 7.07% 6.87% 6.76% Plan’s Proportionate Share of the
Net Pension Liability $ 4,503,687
$ 1,868,216
$ 2,599,527
$ 1,676,551
$ 3,838,581
$ 1,686,096
$ 3,546,936
$ 1,534,654
$ 3,189,455
$ 1,565,360
$ 3,210,086
$ 1,579,911
$ 2,805,052
$ 1,368,422
$ 2,090,587
$ 1,343,244
$ 1,880,791
$ 1,310,612Plan’s Covered Payroll
Plan’s Proportionate Share of the
Net Pension Liability as a
Percentage of Covered Payroll 241.07%

4.73%
155.05%

6.03%
227.66%

5.04%
231.12%

5.11%
203.75%

5.22%
203.18%

5.18%
204.98%

5.33%
155.64%

5.50%
143.50%

6.76%
Plan’s Proportionate Share of the
Fiduciary Net Position as a
Percentage of the Plan’s Total
Pension Liability
Notes to Schedule:

Benefit Changes:

There were no changes in benefits.

Changes in Assumptions:

From fiscal year June 30, 2015 to June 30, 2016:

GASB 68, paragraph 68 states that the long-term expected rate of return should be determined net of pension plan investment expense but without reduction for pension plan administrative expense. The discount rate of 7.50% used for the June 30, 2014 measurement date was net of administrative expenses. The discount rate of 7.65% used for the June 30, 2015 measurement date is without reduction of pension plan administrative expense.

From fiscal year June 30, 2016 to June 30, 2017:

There were no changes in assumptions.

From fiscal year June 30, 2017 to June 30, 2018:

The discount rate was reduced from 7.65% to 7.15%.

From fiscal year June 30, 2018 to June 30, 2022:

There were no significant changes in assumptions.

From fiscal year June 30, 2022 to June 30, 2023:

The discount rate and long-term rate of return decreased from 7.15% to 6.90% and the inflation rate decreased from 2.50% to 2.30%. *Fiscal year 2015 was the first year of implementation, therefore, only nine years are shown. (44)

SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY

SCHEDULE OF PLAN CONTRIBUTIONS
(COST SHARING PLAN)
LAST TEN FISCAL YEARS*
Fiscal Year
2022-2023 2021-2022 2020-2021 2019-2020 2018-2019 2017-2018 2016-2017 2015-2016 2014-2015 Actuarially Determined Contribution $ 484,566 $ 414,447 $ 381,393 $ 345,578 $ 279,699 $ 275,299 $ 273,075 $ 233,116 $ 197,631 Contributions in Relation to the
Actuarially Determined Contribution (484,566)
-
(414,447)
-
(381,393)
-
(345,578)
-
(279,699)
-
(275,299)
-
(273,075)
-
(233,116)
-
(197,631)
-Contribution Deficiency (Excess)
Covered Payroll
$ $ $ $ $ $ $ $ $
$ 2,069,493 $ 1,868,216 $ 1,676,551 $ 1,686,096 $ 1,534,654 $ 1,565,360 $ 1,579,911 $ 1,368,422 $ 1,343,244 Contributions as a Percentage
of Covered Payroll 23.41% 22.18% 22.75% 20.50% 18.23% 17.59% 17.28% 17.04% 14.71% Notes to Schedule:

Valuation Date 6/30/2020 6/30/2019 6/30/2018 6/30/2017 6/30/2016 6/30/2015 6/30/2014 6/30/2013 6/30/2012 Methods and Assumptions Used
to Determine Contribution Rates:

Actuarial Cost Method Entry age
(1)
Entry Age
(1)
Entry Age
(1)
Entry Age
(1)
Entry Age
(1)
Entry Age
(1)
Entry Age
(1)
Entry Age
(1)
Entry Age
(1)Amortization Method
Asset Valuation Method Fair Value Fair Value Fair Value Fair Value Fair Value Fair Value Fair Value Fair Value 15-Year Smoothed
Market
Method

2.75%
(2)
Inflation 2.30%
(2)

6.90% (3)
(4)

2.50%
(2)

7.00% (3)
(4)

2.50%
(2)

7.00% (3)
(4)

2.63%
(2)

7.25% (3)
(4)

2.75%
(2)

7.375% (3)
(4)

2.75%
(2)

7.50% (3)
(4)

2.75%
(2)

7.50% (3)
(4)

2.75%
(2)

7.50% (3)
(4)
Salary increases
Investment Rate of Return
Retirement Age
Mortality

7.50% (3)
(4)
(5) (5) (5) (5) (5) (5) (5) (5) (5)
(1) Level percentage of payroll, closed
(2) Depending on age, service, and type of employment
(3) Net of pension plan investment expense, including inflation (4) 50 - 55 for 2.5%@55; 52 - 67 for 2.0%@62
(5) Mortality assumptions are based on mortality rates resulting from the most recent CalPERS Experience Study adopted by the CalPERS Board.
*Fiscal year 2015 was the first year of implementation, therefore, only nine years are shown. (45)

SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY
SCHEDULE OF PLAN’S PROPORTIONATE SHARE OF TOTAL OPEB LIABILITY (COST SHARING PLAN)
LAST TEN FISCAL YEARS*
Fiscal Year Ended
(Measurement Date)
2023
(2022)
Plan’s Proportion of the Total
OPEB Liability 8.64%
Plan’s Proportionate Share of the
Total OPEB Liability $ 2,040,084
$ 2,827,400Plan’s Covered Payroll
Plan’s Proportionate Share of the
Total OPEB Liability as a Percentage
of Covered Employee Payroll 72.15%
Notes to Schedule:

Changes in Assumptions:

Discount Rate 3.54%
ScaleMortality Improvement Rates
MP-2021
The mortality, retirement, disability, and termination rates for the measurement periods ended June 30, 2017 and 2018 were based on the CalPERS 1997-2011 Experience Study and CalPERS 1997-2015 Experience Study, respectively.

In the June 30, 2018 measurement period, the pre-65 waived retiree re-election was updated to be 10% after age 65.

In the June 30, 2020 measurement period, the medical trend rate for Kaiser Senior Advantage plans decreased from 6.5% to 5.0%.

In the June 30, 2022 measurement period, the following medical trend rates changed: Non-Medicare increased from 7.0% to 8.5%; Medicare increased from 6.1% to 7.5%; and Kaiser increased from 7.0% to 6.25%.
*Fiscal year 2018 was the first year of implementation, therefore only six years are shown. (46)

SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY
SCHEDULE OF PLAN’S PROPORTIONATE SHARE OF TOTAL OPEB LIABILITY (CONTINUED) (COST SHARING PLAN)
LAST TEN FISCAL YEARS*
Fiscal Year Ended
(Measurement Date)
2022 2021 2020 2019 2018
(2021) (2020) (2019) (2018) (2017)
Plan’s Proportion of the Total
OPEB Liability 7.75% 7.99% 8.19% 8.57% 8.43%
Plan’s Proportionate Share of the
Total OPEB Liability $ 2,363,785
$ 2,396,424
$ 2,214,981
$ 2,348,399
$ 2,093,649
$ 1,993,268
$ 1,888,372
$ 1,735,340
$ 2,014,829
$ 1,494,600Plan’s Covered Payroll
Plan’s Proportionate Share of the
Total OPEB Liability as a Percentage
of Covered Employee Payroll 98.64% 94.32% 105.04% 108.82% 134.81% Notes to Schedule:

Changes in Assumptions:

Discount Rate 2.16%
Scale

2.21%
Scale

3.50%
Scale

3.87%
Scale

3.58%
ScaleMortality Improvement Rates
MP-2020 MP-2020 MP-2018 MP-2018 MP-2016
The mortality, retirement, disability, and termination rates for the measurement periods ended June 30, 2017 and 2018 were based on the CalPERS 1997-2011 Experience Study and CalPERS 1997-2015 Experience Study, respectively.

In the June 30, 2018 measurement period, the pre-65 waived retiree re-election was updated to be 10% after age 65.

In the June 30, 2020 measurement period, the medical trend rate for Kaiser Senior Advantage plans decreased from 6.5% to 5.0%.

SUPPLEMENTARY INFORMATION
(48)

SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY

COMBINING SCHEDULE OF NET POSITION
JUNE 30, 2023
(WITH SUMMARIZED DATA FOR JUNE 30, 2022)
Non Other Totals
Aeronautical Aeronautical Services Elimination 2023 2022 ASSETS

CURRENT ASSETS
Cash and Investments
Cash and Investments with Fiscal Agent
Accounts Receivable, Net
Interest Receivable
Due from Other Governments
Leases
$ 8,790,916
-
$ 2,840,265 $ 25,945,944
24,761,205
$ -
-
-
-
-
-
-
-
$ 37,577,125
24,761,205
390,776
136,228
152,472
7,770,582
13,878
70,802,266
$ 20,904,681
23,938,255
622,321
99,170
347,685
7,662,011
29,905
53,604,028
-
390,341
136,015
152,472
6,713,490
13,878
435
13 -
58,291
-
-
200
-
998,801
-Inventory
Total Current Assets 16,197,112 2,899,004 51,706,150

NONCURRENT ASSETS
Prepaid Items
Advances to City of Victorville
Leases
Nondepreciable Capital Assets
Depreciable Capital Assets, Net
Total Noncurrent Assets
55,594
-
83,147,197
188,067
25,796,888
109,187,746
-
2,000,000
60,114
-
-
-
-
-
-
-
-
-
-
55,594
2,000,000
83,207,311
13,981,248
109,697,569
208,941,722
53,755
-
76,850,912
16,542,239
117,979,955
211,426,861
13,793,181
83,900,681
97,693,862
-
2,060,114
Total Assets 125,384,858 4,959,118 149,400,012 - 279,743,988 265,030,889

DEFERRED OUTFLOWS OF RESOURCES
Deferred Outflows - OPEB Related
Deferred Outflows - Pension Related
Deferred Charge on Refunding
Total Deferred Outflows of
267,603
1,709,212
-
-
-
-
-
-
-
-
-
267,603
1,709,212
1,397,897
301,356
829,725
1,532,4121,397,897
Resources 1,976,815 - 1,397,897 - 3,374,712 2,663,493

LIABILITIES

CURRENT LIABILITIES
Accounts Payable
Interest Payable
Deposits Payalbe
Unearned Revenue
Total OPEB Liability - Due Within One Year
Long-Term Liabilities, Due Within One Year
Total Current Liabilities
445,642
-
703,281
1,048,124
30,446
- - -
-
-
-
-
-
-
445,642
1,228,041
720,696
1,063,573
30,446
1,386,449
1,256,389
1,545,494
1,301,095
27,309
-
17,415
15,449
-
1,228,041
-
-
-
117,127
2,344,620
- 6,885,000
8,113,041
7,002,127
10,490,525
6,680,528
12,197,26432,864

NONCURRENT LIABILITIES
Advances from Other Governments
Total OPEB Liability
Net Pension Liability
Long-Term Liabilities, Due Beyond One Year
Total Noncurrent Liabilities
-
2,009,638
4,503,688
98,424
-
-
-
-
11,267,089 -
-
-
-
-
11,267,089
2,009,638
4,503,688
273,345,970
310,433,752
11,034,017
2,336,476
2,599,527
278,623,283
316,344,993
-
-
273,247,546
299,512,67610,855,348 65,728
Total Liabilities 13,199,968 98,592 307,625,717 - 320,924,277 328,542,257

DEFERRED INFLOWS OF RESOURCES
Deferred Inflows - OPEB Related
Deferred Inflows - Pension Related
Deferred Inflows - Leases
854,840
234,104
86,455,442
87,544,386
-
-
-
-
-
-
-
-
854,840
234,104
87,570,873
88,659,817
519,180
1,151,011
82,884,600
84,554,791
116,629
116,629
998,802
998,802Total Deferred Inflows of Resources

NET POSITION (DEFICIT)
Net Investment in Capital Assets
Unrestricted
25,964,183
4,896,734
- (156,279,582)
13,451,013
-
-
(130,315,399)
23,157,372
(125,452,052)
1,801,0764,809,625
Total Net Position (Deficit) $ 30,860,917 $ 4,809,625 $ (142,828,569) $ - $ (107,158,027) $ (123,650,976) (49)

SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY

COMBINING SCHEDULE OF REVENUES, EXPENSES, AND CHANGES IN NET POSITION YEAR ENDED JUNE 30, 2023
(WITH SUMMARIZED DATA FOR THE YEAR ENDED JUNE 30, 2022) Non Other Totals
Aeronautical Aeronautical Services Elimination 2023 2022

OPERATING REVENUES
Charges for Services:

Landing Fees
Fuel Flowage Fees
Rent and Lease Revenue
Total Charges for Services
Fines and Forfeitures
Other
$ 1,992,027
309,239
9,675,756
11,977,022
28,873
$ -
-
$ -
-
$ -
-
-
-
-
-
-
$ 1,992,027
309,239
10,907,800
13,209,066
28,873
$ 1,712,503
284,213
9,913,634
11,910,350
22,003
233,242
233,242
-
34,200
267,442
998,802
998,802
-
-404,139
12,410,034
438,339
13,676,278
1,095,384
13,027,737Total Operating Revenues 998,802

OPERATING EXPENSES
Personnel Services
Maintenance and Operations
Depreciation
3,329,516
4,863,941
3,519,748
11,713,205
-
2,543,114
-
-
25,480
6,224,900
6,250,380
-
-
-
-
3,329,516
7,432,535
9,744,648
20,506,699
2,646,192
7,506,153
9,610,772
19,763,117Total Operating Expenses 2,543,114
OPERATING INCOME (LOSS) 696,829 (2,275,672) (5,251,578) - (6,830,421) (6,735,380)

NONOPERATING REVENUES (EXPENSES)
Intergovernmental
Taxes
Investment Income
Interest Expense
Gain on Sale of Capital Assets
Other Nonoperating Expenses
Proceeds from Capital Asset Sold to City
Capital Asset Sold to City
Total Nonoperating Revenues
(Expenses)
- -
-
-
21,627,436
1,641,631
(16,864,762)
(171,303)
(19,137)
-
-
-
22,072,684
3,494,189
(16,864,762)
14,236,886
(19,137)
59,000
21,731,579
1,448,371
(16,895,928)
1,125
445,248
1,909,591
(121,571)
13,360
64,538 (121,571)
121,571-
14,394,829 -
-
-
-
-
-
-
-
1,929,341
-
(19,087)
-- 1,929,341
(1,895,090)(1,895,090) -
2,246,628
2,943,457
16,388,708
14,113,036
4,318,775
(932,803)
-
-
22,954,111
16,123,690
6,325,060
(410,320)

INCOME (LOSS) BEFORE CAPITAL

CONTRIBUTIONS AND TRANSFERS

CAPITAL CONTRIBUTIONS
Capital Contributions
Capital Grants
Capital Contribution from the City of Victorville
Capital Contribution to the City of Victorville
Capital Contribution from Tenant
Transfers In
183,723
183,722
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
183,723
183,722
607,812
633,633
1,895,090
(1,943,929)
- -
--
1,814
9,467,545
-
-
(9,467,545)
9,467,545
-
1,814 -
-
-
-
-Transfers Out (9,467,545)
(9,467,545)Total Capital Contributions 9,836,804 369,259 1,192,606 CHANGE IN NET POSITION 12,780,261
18,080,656
30,860,917
4,645,491
164,134
(932,803)
(141,895,766)
(142,828,569)
-
-
-
16,492,949
(123,650,976)
(107,158,027)
782,286
(124,433,262)
(123,650,976)
Net Position (Deficit) - Beginning of Year
NET POSITION (DEFICIT) - END OF YEAR $ $ 4,809,625 $ $ $ $ (50)
Item Number: 20
City Council / Board of Directors
Written Communications
Meeting of: June 18, 2024
Submitted By:

Fredy Bonilla, City Engineer

Subject:

Project Proposal to California Transportation Commission for Local Streets and Roads Funding for Fiscal Year 2024-2025
Recommendation:

That the Honorable City Council:
(1) Adopt Resolution No. 24-030, approving three (3) road projects for submittal to the California Transportation Commission (CTC) to be eligible to receive Local Streets and Roads Funds for Fiscal Year 2024-2025; and
(2) Authorize staff to submit this project proposal to the CTC.

Fiscal Impact:

There is no fiscal impact as a result of this action and no additional appropriation is required. The funds for all three projects have been included in the proposed FY 2024- 2025 budget.

Strategic Plan Goal:

This request aligns with Goal E “Invest in Infrastructure”, Strategy 11 in the City of Victorville Strategic Plan 2023-2026. Submitting a list of road projects is required to obtain SB1 funding to support local road rehabilitation and improvement projects. This request will provide the City the ability to supplement Measure I with more funding to improve road conditions, safety for pedestrians and drivers along the proposed corridors.

Background:

Local Streets and Roads Funding is available to cities and counties in California as a result of Senate Bill 1 (SB1) which increased the per gallon fuel taxes and vehicle registration fees. Various portions of this funding are deposited by the State Controller into the Road Maintenance and Rehabilitation Account (RMRA). One portion of this account is the Local Streets and Roads Fund (LSRF). The CTC adopts and updates guidelines for the use of the LSRF. This funding must be used on specific projects and 3 6
0 0
cannot be used for streets and roads operations and maintenance expenses (O&M).

According to the guidelines, to be eligible to receive the LSRF, “an eligible city or county shall submit to the CTC a list of projects proposed to be funded with these funds pursuant to an adopted resolution by the applicable city council or county board of supervisors at a regular public meeting”. Table A represents the previous resolutions submitted to the CTC for the estimated amount of SB1 Funding the City expected to receive.

Table A
Fiscal Year Resolution No. Amount
2017/18 - $ 712,000.00
2018/19 18-021 $ 2,192,000.00
2019/20 19-038 $ 2,047,454.00
2020/21 20-059 $ 2,174,850.00
2021/22 21-062 $ 2,428,796.00
2022/23 22-054 $ 2,898,797.00
2023/24 23-054 $ 3,375,820.00
Total: $ 15,829,717.00
Table B represents the actual revenue received from the CTC and interest allocations by fiscal year collected to date as of the end of May 2024. Additional revenue is expected to be received from the CTC before the end of FY 2023/24.

Table B
Fiscal Year Revenue Interest
2017/18 $ 724,036.03 $ 1,605.71
2018/19 $ 2,268,453.22 $ 19,094.96
2019/20 $ 2,191,708.71 $ 37,942.14
2020/21 $ 2,343,864.91 $ 9,012.80
2021/22 $ 2,602,257.23 $ 0.00
2022/23 $ 3,047,701.56 $ 83,866.62
2023/24 $ 2,602,860.99 $ 0.00
Total: $ 15,780,882.65 $ 151,522.23
Grand Total $ 15,932,404.88
Completed capital improvement projects previously approved and submitted to the CTC for LSRF amounts are shown in Table C below. The table includes the amount of SB1 funds budgeted for each project and funds expended for each project.

Table C
Project Budget Expended
Village Dr, Mojave Dr to Air Expressway $ 705,000.00 $ 705,000.00 Arrowhead Dr, Nisqualli Rd to Green Tree Blvd $ 1,503,000.00 $ 1,503,000.00 Seventh Ave, Bear Valley Rd to Nisqualli Rd $ 2,275,000.00 $ 2,275,000.00 Third Ave, Nisqualli Rd to Talpa St $ 442,000.00 $ 442,000.00 Industrial Blvd, Bear Valley Rd to Silica Dr $ 3,427,000.00 $ 2,281,138.98 Silica Dr, Hesperia Rd to Industrial Blvd $ 818,000.00 $ 1,618,500.00 Total: $ 9,170,000.00 $ 8,824,638.98
3 6
0 0
Table D below shows incomplete capital improvement projects previously approved by the Council and submitted to the CTC for LSRF. Some SB1 funding has been spent on the Bear Valley Road project to date.

Table D
Project Budget
Bear Valley Rd, Highway 395 to Amethyst Rd $ 2,898,797.00 Mojave Dr, El Evado to La Paz Dr $ 3,375,820.00
Total: $ 6,274,617.00
Per Table B, the total revenue collected as of May 2024 is $15,932,404.88. According to the figures in Table C, $8,824,638.98 of SB1 funding has been spent on six completed capital improvement projects. The last project completed was the Seventh Avenue and Arrowhead Drive project. Per Table D, $6,274,617 has been budgeted for two projects pending completion. In total, the City has budgeted $15,444,617 in projects since FY 2017/18. The amount of revenue received to date for FY 2023/24 is expected to increase.

It is anticipated the City will receive three more disbursements for the fiscal year. The monthly average for disbursements has been $289,206 for FY 2023/24. Considering there are three disbursements left, it is anticipated the City will receive approximately $867,620 of additional revenue. This estimated revenue and amount received to date may equal $3,470,481 for FY 2023/24, potentially $94,661 higher than the estimate from Resolution No. 23-054 submitted to the CTC.

The Mojave Drive Improvement Project from I-15 to El Evado Road is tentatively scheduled to be advertised for construction in the fall of 2024. The pavement reconstruction of Bear Valley Road from Amethyst Road to Highway 395 started in March 2024 and is expected to be completed by July 2024.

There is a carryover provision in the LSRF guidelines which allows for LSRF to be carried over to future years. There is also a provision which allows LSRF to be added to projects which have been previously approved for LSRF. These provisions provide flexibility for revising the funding on projects due to changes in costs.

Discussion:

If the projections discussed are accurate, the revenue the City will collect by the end of FY 2023/24 will be approximately $16,800,025. This is $1,355,408 more than what is currently budgeted for the CTC approved capital improvement projects. It is anticipated a portion of this surplus will be used for the Bear Valley Road Reconstruction project or projects listed in Table E below. LSRF guidelines limit the expense of funds to projects approved and submitted to the CTC by resolution, the funding cannot be used on other projects. The remaining balance will be used for other costs for management of SB1 funding reimbursed to the CTC or on upcoming capital improvement projects.

For this coming FY 2024/25, the due date for the LSRF resolution submittal to the CTC is July 1, 2024. The amount of LSRF funds available to the City for FY 2024/25 is estimated to be $3,553,237. Staff is proposing to submit a proposal to the CTC to include 3 6
0 0
the pavement rehabilitation projects in Table E to be approved for the continued receipt of LSRF revenues.

Table E
Project
Total
Estimated
Construction
Cost
LSRF
FY 2024/25 Measure I
Roy Rogers Dr, Amargosa Rd to
NB I-15 Ramps $ 1,765,000.00 $1,200,000.00 $ 565,000.00 Bear Valley Rd, Bellflower Rd to
Monte Vista Rd $ 1,785,000.00 $1,200,000.00 $ 585,000.00 Ridgecrest Rd, Bear Valley Rd to
Pahute Ave $ 2,326,000.00 $1,200,000.00 $ 1,126,000.00
The projects listed in Table E are included in the approved FY 2024/25 Budget, including SB1 funding from Fund 221 and Measure I funds from Fund 250. The projects are consistent with the latest Measure I Five-Year Capital Improvement Program, please refer to Attachment C, which was approved by the City Council on March 19, 2024.

Staff recommends that the City Council adopt Resolution No. 24-030 to approve the submission of the Roy Rogers Drive (Amargosa Road to NB I-15 Ramps), Bear Valley Road (Bellflower Road to Monte Vista Road), and the Ridgecrest Road (Bear Valley Road to Pahute Avenue) projects for submittal to the CTC to be eligible to receive LSRF funds in the amount of $3,553,237 for Fiscal Year 2024-2025 and authorize staff to submit this project proposal to the CTC.

Staff is available for any questions the Council may have.

Attachments: A. Resolution No. 24-030
B. Project Map
C. Measure I Five-Year Capital Improvement Program
1 4
7 2
5 ATTACHMENT A
1 4
7 2
5 RESOLUTION NO. 24-030

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

VICTORVILLE, CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2024-25 TO BE FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of the City of Victorville (“City”) are aware of the projects proposed for funding in the City and which projects have been completed each fiscal year; and WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City will receive an estimated $3,553,237 in RMRA funding in Fiscal Year 2024-25 from SB 1; and
WHEREAS, this is the eighth year in which the City is receiving SB 1 funding, which will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the City’s priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate roads throughout the City this year and similar projects into the future; and WHEREAS, the 2021 California Statewide Local Streets and Roads Needs Assessment found that the City streets and roads are estimated to be in a low risk condition and this revenue will help the City increase the overall quality of its road system and over the next decade will bring City streets and roads into a “good” condition; and

1 4
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5 WHEREAS, the SB 1 project list and overall investment in the City’s local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits Statewide.

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

Section 1. That the recitals set forth above are true and correct and are hereby incorporated in their entirety by this reference.

Section 2.The following list of newly proposed projects to be funded in-part or solely with Fiscal Year 2024-25 Road Maintenance and Rehabilitation Account revenues:

Project Title: Roy Rogers Drive Improvement Project
Project Description: The project will rehabilitate and reconstruct the structural section of approximately 1.1 miles of existing pavement along a segment of Roy Rogers Drive. Additionally, non-standard ADA curb ramps & drive approaches will be removed and replaced.

Project Location: On Roy Rogers Drive from Amargosa Rd to Seventh St.

Estimated Project Schedule: Start (04/25) – Completion (09/25) based on the component being funded with RMRA funds.

Estimated Project Useful Life: 30 years.

Project Title: Bear Valley Road Improvement Project
Project Description: The project will reconstruct the structural section of approximately 1.0 miles of existing pavement along a segment of Bear Valley Road. The project may further include road widening to add one additional lane.

Project Location: On Bear Valley Road from Monte Vista Rd to Bellflower Rd.

Estimated Project Schedule: Start (04/26) – Completion (07/26) based on the component being funded with RMRA funds.

Estimated Project Useful Life: 30 years.

Project Title: Ridgecrest Road Improvement Project
Project Description: The project will rehabilitate and reconstruct the structural section of approximately 0.35 miles of existing pavement along a segment of Ridgecrest Road. Additionally, non-standard ADA curb ramps & drive approaches will be removed and replaced.

Project Location: On Ridgecrest Road from Bear Valley Rd to Pahute Ave.

Estimated Project Schedule: Start (04/25)– Completion (09/25) based on the component being funded with RMRA funds.

Estimated Project Useful Life: 30 years.

Section 3. The following previously proposed and adopted projects may also utilize Fiscal Year 2024-25 Road Maintenance and Rehabilitation Account revenues in their delivery. With the relisting of these projects in the adopted fiscal year resolution, the City 1 4
7 2
5 is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues:

Project Title: Bear Valley Road (Amethyst Road to US-395) Project Project Description: Bear Valley Road is a super arterial street on an east-west alignment for 2.0 miles. The project scope includes pavement reconstruction, thick asphalt concrete overlays, and reconstructing access ramp to meet American with Disabilities Act (ADA) current standards.

Project Location: Bear Valley Road between Amethyst Rd and US-395.

Estimated Project Schedule: Start (03/24) – Completion (07/24) based on the component being funded with RMRA funds..

Estimated Project Useful Life: 30 years.

Project Title: Mojave Drive Street Improvements
Project Description: The project will rehabilitate and reconstruct the structural section of approximately 1.9 miles of Mojave Dr. In addition, non-standard ADA curb ramps & drive approaches will be removed and replaced.

Project Location: On Mojave Dr from El Evado Rd to La Paz Dr.

Estimated Project Schedule: Start (04/25) – Completion (09/25) based on the component being funded with RMRA funds.

Estimated Project Useful Life: The following estimated useful life for each rehabilitation method area as follows: 30 years for reconstruction; and 15 years for asphalt concrete overlays.

Section 4.That this resolution shall be effective immediately as of the date of adoption.

Section 5.That the City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of the City; and shall make a minute of passage and adoption thereof in the records of the proceedings of the City Council, in the minutes of the meeting at which this Resolution is passed and adopted.

ATTACHMENT B
Bear Valley Rd
Monte Vista Rd
Bellflower St
Bear Valley Road Improvement Project,
from Bellflower Rd to Monte Vista Road
Legend
Street Rehabilitation Project
General Project Location Map
Roy Rogers Drive Improvement Project,
from Amargosa Rd to La Paz Drive
Roy Rogers Dr.

Amargosa Rd.

Legend
Street Rehabilitation Project
General Project Location Map
Bear Valley Rd
Francesca Rd
Lindero St
Huerta St
Pahute Ave
Ridgecrest Rd
Legend
Street Rehabilitation Project
Hesperia Road Improvement Project, from Bear Valley Road to Pahute Avenue General Project Location Map

ATTACHMENT C
Resolution Number:

Resolution Approval Date:

Contact Person/Title:

Phone:

Email:
6/30/23 Carryover Balance $8,931,945
FY2023/24 Est. Revenue FY2024/25 Est. Revenue FY2025/26 Est. Revenue FY2026/27 Est. Revenue FY2027/28 Est. Revenue Total Est. Rev. $7,319,330 $7,418,259 $7,626,352 $7,899,198 $8,181,770 $38,444,909 Projects:

Bear Valley Rd, Amethyst Rd to US-395, pavement rehabiliation No No 0.0% 0.0% $6,244,158 $3,244,158 $0 $0 $0 $0 $3,244,158 Mojave Dr, La Paz Dr to El Evado Rd, pavement rehabiliation No No 0.0% 0.0% $6,375,820 $3,000,000 $0 $0 $0 $0 $3,000,000 Bear Valley Rd, Bellflower Rd to Monte Vista Rd, pavement rehabilitation No No 0.0% 0.0% $1,170,000 $0 $585,000 $0 $0 $0 $585,000 Mojave Dr, El Evado Rd to US-395, pavement rehabilitation No No 0.0% 0.0% $2,810,000 $0 $1,405,000 $0 $0 $0 $1,405,000 Ridgecrest Rd, Bear Valley Rd to Huerta Rd, pavement
rehabilitation No No 0.0% 0.0% $880,000 $0 $1,126,000 $0 $0 $0 $1,126,000 Roy Rogers Dr, Amargosa Rd to NB I-15 Ramps, pavement
rehabilitation No No 0.0% 0.0% $1,130,000 $0 $565,000 $0 $0 $0 $565,000 Air Expressway, National Trails Hwy to Phantom West, pavement rehabilitation No No 0.0% 0.0% $7,030,000 $0 $0 $3,515,000 $0 $0 $3,515,000 Amargosa Rd, Dos Palmas Rd to Vilage Dr, pavement rehabilitation No No 0.0% 0.0% $3,170,000 $0 $0 $0 $1,585,000 $0 $1,585,000 Balsam Rd, Bear Valley Rd to Nisqualli Rd, pavement rehabilitation No No 0.0% 0.0% $1,620,000 $0 $0 $0 $810,000 $0 $810,000 El Evado Rd, Palmdale Rd to Begonia Rd, pavement rehabilitation No No 0.0% 0.0% $940,000 $0 $0 $0 $470,000 $0 $470,000 Mariposa Rd, Talpa St to Kingswood Dr, pavement rehabilitation No No 0.0% 0.0% $620,000 $0 $0 $0 $310,000 $0 $310,000 Cobalt Rd, Palmdale Rd to Dos Palmas Rd, pavement rehabilitation No No 0.0% 0.0% $870,000 $0 $0 $0 $0 $435,000 $435,000 Hook Blvd, El Evado Rd to Aloe Rd, pavement rehabiltation No No 0.0% 0.0% $690,000 $0 $0 $0 $0 $345,000 $345,000 Seneca Rd, Amargosa Rd to El Evado Rd, pavement rehabilitation No No 0.0% 0.0% $1,630,000 $0 $0 $0 $0 $815,000 $815,000 Concrete Access Ramps - various vocations No No 0.0% 0.0% $572,444 $110,000 $113,300 $116,699 $120,200 $123,806 $584,005 Concrete Sidewalk, Install or Repair - various locations No No 0.0% 0.0% $1,934,082 $371,650 $382,800 $394,283 $406,112 $418,295 $1,973,140 Guardrail Replacements - Various Locations No No 0.0% 0.0% $833,992 $10,000 $0 $0 $0 $0 $10,000 Old Town Sidewalk, Phase 1 No No 0.0% 0.0% $795,895 $10,000 $0 $0 $0 $0 $10,000 Old Town Sidewalk, Phase 2 No No 0.0% 0.0% $750,000 $500,000 $0 $0 $0 $0 $500,000 Rectangular Rapid Flashing Beacons at 9 School Crossings No No 0.0% 0.0% $226,900 $50,000 $0 $0 $0 $0 $50,000 Seventh Street Striping No No 0.0% 0.0% $80,000 $80,000 $0 $0 $0 $0 $80,000 Slurry Seal - Civic Area No No 0.0% 0.0% $1,515,000 $1,515,000 $0 $0 $0 $0 $1,515,000 Slurry Seal - Golden Triangle No No 0.0% 0.0% $1,200,000 $1,200,000 $0 $0 $0 $0 $1,200,000 Traffic Signal - Mojave Dr / Condor Rd No No 0.0% 0.0% $672,554 $256,196 $0 $0 $0 $0 $256,196 Traffic Signal - Seventh Street Modifications at B St, Forrest, Mojave, Victor Lorene No No 0.0% 0.0% $1,546,500 $849,440 $0 $0 $0 $0 $849,440 Traffic Signal - Village Dr / Puesta Del Sol Dr No No 0.0% 0.0% $635,000 $10,000 $0 $0 $0 $0 $10,000 Traffic Signal - Village Dr / Tawney Ridge Ln No No 0.0% 0.0% $621,802 $78,669 $0 $0 $0 $0 $78,669 Traffic Signal LED Signal Head Relamp No No 0.0% 0.0% $65,000 $16,250 $0 $0 $0 $0 $16,250 Traffic Signal Safety Light (Streetlight) LED Conversion No No 0.0% 0.0% $81,260 $20,320 $0 $0 $0 $0 $20,320 Traffic Signal Streetlight Crane No No 0.0% 0.0% $118,750 $81,250 $0 $0 $0 $0 $81,250 Traffic Signal UPS Replacement No No 0.0% 0.0% $60,000 $15,000 $0 $0 $0 $0 $15,000 Traffic Signal Video Detection Upgrades No No 0.0% 0.0% $100,000 $25,000 $0 $0 $0 $0 $25,000 Jurisdiction:23-
8/15/2023
Fredy Bonilla, Assist. City Engineer
760-955-5170
Measure I Local Pass-through Program

FIVE YEAR CAPITAL IMPROVEMENT PLAN
Fiscal Years 2023/2024 thru 2027/2028
[email protected]
Victorville
Current
Estimate
Current
Estimate TotalCurrent
Estimate
Current
Estimate
Current
Estimate
Is Project in
City's
Non-motorized
Transportation
Plan?
(Yes/No)
Does Project
have an ATP
Component?
(Yes/No)
Is the Project on the City's
Nexus Study List?
(Public/DIF Share %)
Estimated Total
Project Cost

Page 1 of 2 ends

Resolution Number:

Resolution Approval Date:

Contact Person/Title:

Phone:

Email:

Jurisdiction:23-
8/15/2023
Fredy Bonilla, Assist. City Engineer
760-955-5170
Measure I Local Pass-through Program

FIVE YEAR CAPITAL IMPROVEMENT PLAN
Fiscal Years 2023/2024 thru 2027/2028
[email protected]
Victorville
Citywide Pavement Rehabilitation, Seals and Overlays, Various Streets No No 0.0% 0.0% $6,275,441 $0 $1,500,000 $1,545,000 $1,591,350 $1,639,091 $6,275,441 Cost Allocation No No 0.0% 0.0% $2,500,444 $470,970 $485,099 $499,652 $514,642 $530,081 $2,500,444 Engineering Services No No 0.0% 0.0% $751,965 $141,636 $145,885 $150,262 $154,769 $159,413 $751,965 Streets - Engineering No No 0.0% 0.0% $4,291,045 $808,238 $832,485 $857,460 $883,183 $909,679 $4,291,045 Traffic Signal Maintenance No No 0% 100% $1,289,265 $242,839 $250,124 $257,628 $265,357 $273,317 $1,289,265 Traffic Control - Signing & Striping No No 0% 100% $7,451,032 $1,403,436 $1,445,539 $1,488,905 $1,533,572 $1,579,580 $7,451,032 $14,510,052 $8,836,232 $8,824,889 $8,644,186 $7,228,261 $48,043,620 Total Programming is currently 101% Total Estimated Programming: $48,043,620 Projects Total:
(Must not exceed 150% of Carryover Balance +
Total Estimated Revenue)

Page 2 of 2 ends

Item Number: 21
City Council / Board of Directors
Written Communications
Meeting of: June 18, 2024
Submitted By:

Carmen Cun, Finance Director / City Treasurer

Subject:

Fiscal Year 2024-2025 Contract Renewals - Annual Supply and Service Agreements Recommendation:

That the City Council / Board of Directors award contract renewals for the Annual Supply and Service Agreements to various vendors and suppliers for Fiscal Year 2024-2025 per the Adopted Budget approved on June 04, 2024.

Fiscal Impact:

The various departments, including the following:
•City Manager
•Fire
•VMUS
•SCLA
•Economic Development/Successor
Agency
•Finance
•Information Technology
•Community Services
•Engineering
•Public Works
•Water
•Building
•Code Compliance
•Planning
Each of these departments have budgeted their respective contract renewals in the June 04, 2024 Adopted Budget. The various funding sources are listed in the tables in the Discussion section. Annual Supply Agreements total $3,543,330.00 and the Annual Service Agreements total $25,039,617.18.

Strategic Plan Goal:

These annual supply and service agreements align with the following strategic goals:
•Goal A: Financial Sustainability – foster fiscal health through disciplined long-term planning, cost control, increased revenues, and cost recovery. Locking in our vendors and suppliers on multi-year annual contracts ensures pricing stability and continued service levels.
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•Goal C: Support the economic vitality and preservation of the community for all its members. Stable pricing on supplies and services allows various departments the resources to initiate development projects throughout the City. •Goal E: Invest in Infrastructure – various vendors are key components to the design of infrastructure and innovation throughout the City.

Discussion:

Various departments throughout the year work with Purchasing staff to determine frequently requested/needed supplies and services. Purchasing staff determines if these supplies or services warrant a multi-year contract to avoid market price fluctuations and establish a preferred purchasing method to protect the City from these fluctuations by increasing financial stability and predictability in terms of prices, charges, and service quality.

One of the advantages of a multi-year contract includes the reduction in administrative and maintenance costs by creating fixed annual pricing for repetitive commodity purchases, thus reducing the need for multiple instances of bidding, soliciting quotes, purchase orders, and other administrative costs while stabilizing prices over a period of five years.

In addition, annual maintenance contracts provide the City with a form of assurance knowing repairs will be provided efficiently and economically. The City is guaranteed the supplier will keep a full stock of original spare parts, have qualified personnel readily available for preventative maintenance and emergency calls, standby equipment, and offer substantial discounts. The City can better predict its spending through annual contracts and develop spending trends to seek ways to improve savings, thereby providing continuous improvement of its processes over the long term.

Each of the competitively bid and/or sole source contracts from the following supply and service providers allow for an additional one-year contract renewal option based on performance. Purchasing staff worked with appropriate City and District staff to inquire a desire to exercise the renewal option available for these agreements for an additional option year, based on satisfactory performance, those department approvals are attached for your reference.

The listed supply and service providers have expressed an interest in exercising said options for Fiscal Year 2024-2025 and have agreed to honor the contract pricing with the inclusion of State regulations involving the Department of Industrial Relations (DIR) prevailing wage requirements SB854 and AB219.

A list of supply and service agreements staff are seeking approval for are listed on the following pages.
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4 6
Annual Supply Provider Agreements
VENDOR

TYPE OF
SERVICE DEPT. FY 2024/2025 FUNDING SOURCE

RENEWAL
TYPE
All Star Fire
Equipment
Fire Prevention
Equipment &
Supplies
Fire $260,000.00 Fire Equipment
Expense-General Fund Cooperative
Beck Oil Fuel
PW
Water
SCLA
Fire
$750,000.00
$250,000.00
$ 90,000.00
$200,000.00
Gen Fund Bulk Fuel
Inventory; Water
Production, Admin &
Field; Airport
Operations; General
Fund-Fire
Solicit Quotes
Core & Main Inventory &
Water Supplies Water $200,000.00 Water Solicit Quotes
Flyers Energy Fuel PW
SCLA
$200,000.00
$ 7,500.00
Gen Fund Bulk Fuel
Inventory
Airport Operations
Solicit Quotes
ICONIX Inventory &
Water Supplies Water $200,000.00 Water Solicit Quotes
Imperial Sprinkler Irrigation
Supplies
PW
Parks
$100,000.00
$100,000.00

PW-LMAD/DFAD/MAD
Gas Tax, LTF, Storm
Drain, Sewer,
PW-Parks General
Fund
Standardization
LN Curtis
Fire Prevention
Equipment &
Supplies
Fire $200,000.00 Fire Equipment
Expense-General Fund
Cooperative
Merrimac Energy Fuel PW $200,000.00 Gen Fund Bulk Fuel
Inventory Solicit Quotes
Robertson’s
Concrete
Products
PW
SCLA
$135,080.00
$ 25,000.00
PW-Gas Tax, LTF,
Measure I, Sewer,
Storm Drain; SCLA-
Airport Operations
Options
Exercised
Southern
Counties Fuel PW $450,000.00 Gen Fund Bulk Fuel
Inventory Solicit Quotes
Vulcan Materials Hot Mix
Asphalt
PW
WD
SCLA
$120,750.00
$ 30,000.00
$ 25,000.00
PW-Gas Tax, General
Fund, Sewer; Water
SCLA-Airport
Operations
Options
Exercised

TOTAL ANNUAL SUPPLY

AGREEMENT AMOUNT
$3,543,330.00
3 6
4 6
Annual Service Provider Agreements

VENDOR TYPE OF

SERVICE
DEPT. FY 2024/2025 FUNDING SOURCE RENEWAL
TYPE
4Leaf Building and
Fire Inspection
Building
Fire
$345,900.00
$142,500.00
Building Contract
Services
Fire-Measuer P
Option Exercised
AGA Engineers,
Inc.

Traffic Signal
Design Engineering $160,000.00 Measure I Option Exercised Allied Universal
Security
Unarmed
Security Guard
Services SCLA $416,000.00 Airport Operations Option Exercised Alltech
Industries, Inc.

Security Guard
Services
Finance
Community
Services
$115,000.00
$133,810.00
Water/Solid Waste
General Fund Option Exercised
American
Landscape Landscape
Maintenance PW $972,495.00 DFAD, LMAD, MAD Option Exercised Apple Valley
Communications
IT Infostructure
Cabling/Avigilon
Maintenance,
Expansion,
Storage, Repair
& Replace
IT $1,078,000.00 General Fund Standardization
Astrum Utility
Services
Consultant –
Municipal Utility
Operations
VMUS $204,000.00
Foxborough-Electric/
VMUS Utility
Operations
Option Exercised
Broadcom
VMWare
License and
Support,
Operations
Manager
Subscription
Renewal
IT $170,000.00 General Fund Standardization
Burns &
McDonnell
Building
Support,
Construction
Management &
Inspection
Services & ALP
Update
SCLA $370,000.00 FAA Grants Continuing
Contract
CDW
Government
Corp.

Peripheral
Hardware,
Supplies &
Professional
Services
IT $165,000.00 General Fund Cooperative
Civic Plus, Next
Request 311 IT $193,000.00 General Fund Standardization Clinical Labs Lab Services /
Quality Testing Water $180,000.00 Water Operations Option Exercised DDH Apple
Valley
Qualified
Emergency
Water
Contractor
PW
Water
$100,000.00
$200,000.00
Sewer/Storm Drain
Water Option Exercised
Dell APC Support, IT $2,311,500.00 General Fund Standardization 3 6
4 6

VENDOR TYPE OF

SERVICE
DEPT. FY 2024/2025 FUNDING SOURCE RENEWAL
TYPE
Azure Server
Upgrade,
Microsoft
Renewal
Dokken
Engineering
On-Call Right of
Way Acquisition
& Appraisal Svc
Engineering $125,525.18
Water Engineering
Sewer Operations
Eng
Option Exercised
ESRI
Small
Government
Enterprise
Agreement
IT $155,000.00 General Fund Option
Exercised
Eurofins Lab Services
/Quality Testing Water $180,000.00 Water Operations Option Exercised Ferguson
Enterprise
Automated
Meter Reading
& Water Meters
Water $1,725,000.00
Water Operations
Meter Service
Change Outs
Option Exercised
General Pump Well
Maintenance
Water $800,000.00 Water Production Option Exercised
Harris &
Associates
Annual ROPS &
Tax Increment
Bond
Continuing
Disclosure
Reports
General Plan &
Housing
Element Annual
Progress
Report
City
Manager-
(EDD)
City
Manager/
(EDD)
Planning
$60,000.00
$48,000.00
$34,229.00
Successor Agency
CDR/HDPT; BV CDR
& SA
Contract Services
General Fund
Option Exercised
HD
Underground
Qualified Water
Contractor
PW
Water
$100,000.00
$200,000.00
Sewer/Storm Drain
Water Option Exercised
HDL
Sales and Use
Tax
Measure P
Finance $150,000.00
$ 50,000.00
General Fund
Measure P Option Exercised
IEC Corporation
Qualified
Electrical
Engineers
VMUS $200,000.00
Foxborough-Electric/
VMUS Utility
Operations
Option Exercised
InfoSend Utility Billing
Mailing
Water -
(Finance
PW-
(Finance)
$177,000.00
VWD-Water
Operations/
PW-Sanitation
Option Exercised
Jensen Hughes Fire Sprinkler
Analysis SCLA $191,575.00 Airport Operations Option Exercised Kelley’s
Underground
Qualified
Emergency
Water
Contractor
PW
Water
$100,000.00
$200,000.00 Sewer/Storm Drain Option Exercised
Konica Minolta Copier Least &
Maintenance
Various
Dept. $138,000.00 Various Funds
Piggyback with
SB County-On-
going
Layne
Christensen
Well
Maintenance Water $800,000.00 Water Production Option Exercised Logicalis WAP, Wireless IT $1,031,000.00 General Fund Standardization 3 6
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VENDOR TYPE OF

SERVICE
DEPT. FY 2024/2025 FUNDING SOURCE RENEWAL
TYPE
Controllers,
Voice
LPA, Inc.

Design
Services for
New Police
Station
City
Manager $500,000.00 Measure P / ARPA Continuing
Contract
Mojave Water
Agency
Administrative
& Biological
Assessment
Water $192,080.00 Water Production
Ground Water
Continuing
Contract
Mojave Water
Agency
Recover (R3)
Water
Deliveries
Water $821,600.00 Water Production
Purchased Water
Continuing
Contract
Ninyo & Moore
Environmental
Consulting
Services
EDD $60,000.00 CHAS Option Exercised
NTT America
(Formally
Dimension Data)
Voice
Gateways,
Network
Infrastructure,
Firewall, Cisco,
Support,
Subscription
IT $1,844,000.00 General Fund Standardization
OpenGov
Financial
Transparency
Software
IT $150,000.00 General Fund Option Exercised
SingleWare Informacast IT $130,000.00 General Fund Standardization Transource
Services Corp. Cyber Security IT $200,000.00 General fund Option Exercised T.R. Stewart
Roto-Rooter
Qualified Sewer
Lateral Repairs PW $300,000.00 Sewer Option Exercised
Tyler
Technologies
Munis, TCM,
Energov
Software AND
Tyler Direct
Renewal and
Support
IT $400,000.00
$250,000.00
General Fund
Permitting System
Option Exercised
Univar
Water
Treatment
Chemicals
Water $297,000.00 Water HDPP Option Exercised
VJL Waste dba
Alpha Omega
Qualified Sewer
Lateral Repairs PW $150,000.00 Sewer Option Exercised
Willdan
Financial
Services
Assessment
District Services
Disclosure
Consulting
Services
Engineering
Finance
$104,640.00
$ 21,700.00
Various
CFD
Option Exercised
Woodard &
Curran
Wastewater
Treatment
Plant/
Misc. Eng.

Services
Engineering $5,736,063.00
$ 160,000.00
Wastewater
Treatment Plant
Various
Option Exercised
Total Annual Service Agreement Amount $25,039,617.18
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Staff from Finance, City Manager, SCLA, VMUS, Code Compliance, Building, Planning, Fire, Engineering, Public Works, Information Technology, Economic Development, Community Services, and Water departments have reviewed the agreement options and recommend contract renewals for Fiscal Year 2024/2025. The renewal of these contracts is included in the overall budget for Fiscal Year 2024/2025, adopted on June 04, 2024.

There are no additional appropriations requested.

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

Attachments: A. Department Head Approvals

Attachment A
Department Head Approvals

DocuSign Envelope ID: CDF7D15E-1144-4FE9-9FBC-1F3AD7BE1465 Communꢄty Servꢄces
24/25
DEPT.:______
ꢀ
Contracts that require Council approval
ꢀrojeꢁ
No/Annual
PO
Current
Contract
Amount
Currꢂnt
Status of
Options
ꢀ24/25
Proposed
Amount
Vendor/Descriptꢄon Sꢂꢃꢄcꢂs
Aꢀltꢄꢇh ꢀꢁd./Uꢂaꢃꢄd ꢅꢆꢇꢈrꢉꢊ Gꢈaꢋ
ꢅꢆꢂ of
Contract
Currꢂnt
Expenditures
Contract
Exp'iratlon
Renew/
Rebid
102490 682ꢀ.36 06-30-24 1ꢖꢖ810.00ꢀꢁ-1ꢂ1
Fundiꢍgꢀuꢁe:

Fꢂndiꢍg ꢀꢂꢃeꢄ
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ꢀ--ꢁꢂ�ꢃ4iꢄꢅꢆC1ꢇꢈ 5ꢉꢊꢋꢌ ꢍꢎ7�==ꢀ--------------DEPT HEAD REVIEW AND APPROVAL: ꢀ=�ꢁ 5/GNAꢀRf

DEPT.:.EDD
FY 24/25 Contracts that require Council approval
Project
No/Annual
PO
ESC23-001 Professional
Current
Contract
Amount
$70,000.00
Current FY24/25
Proposed
Amount
$60,000.00 Renew
Vendor/Description Services Type of Current Contract Status of Renew/ RebidContract Expenditures Expiration Options
Harris & Associates/Annual Preparation of $0.00 06/30/24 2OF4 Recognized Obligations Payment
Fuꢄdiꢄg Souꢊce: 30330Hl-52300 ꢀceeds $125K when combined wꢁh ESC23-ꢂ2 & Planning $36,795.00; Please replace Exhibit B with new pay scaleComments:

Fuꢄdiꢄg Source: (atꢃched)ꢄ
1 06/30/24 l20F4 $48,000.00I RenewI I
Harris & Associates/Bonding Disclosures ESC23-002 I Professꢓonal 1$48,000.00 s 25.162.25 4550020-52300Fuꢄdiꢄg Source: & Planning $36,795ꢅꢂꢆ Please replace Exhibit B with new pay scale 3033010-52300
Comments: Exceeds $125K when combined with ESC23-001
Fuꢄdꢅꢄg Source: (aꢇachedꢈꢉ
Niꢄyꢁ & Mꢁorꢀ GꢀꢁꢂꢀꢃhꢄꢅꢃꢆꢇꢈEꢄvꢉꢊꢁꢄꢋꢀꢄꢂꢆꢌ ESC23-097 Professꢓonal $40,000.00 07/30/24 NONE EndCoꢄꢐultiꢄg ꢍꢀꢎꢅꢏꢐ Fundꢅng Source: Not suꢊ of expenses as contract or conꢋact number were not attached to POs. No options availableꢅ ꢌii need newꢀomments:

Funding Source:
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Ninyo & Moore
Fundꢅng Sꢁurce: 2053080-52300-89001
FuꢄdiꢄgSꢁuꢊce:

Professꢓonal $60,000.00
Geotechnical//Environmental ꢑonsꢒꢓtinꢔ
New agꢍement for ꢎ ꢏ4ꢐꢏꢑ- Gꢓundwater Remediaꢔon at NuWay Exceeds $125K, when combined with ESꢀ20-039 $1,562,598.00.ꢀommꢁnꢂꢃ Fuꢄdiꢄg Souꢊce:

Fuꢄdiꢄg Source:
ꢀomments:
DEPT HEAD REVIEW AND APPROVAL:__ -_=--__· ________ 7 SIGNATURE

Funding Source
:

Funding
Souce:

DEPT.:_IT
FY 24/25
Contracts that require Council approval
IProject
No/Annual
PO
Current
Contract
Amount
Current FV24/25
Proposed
Amount
Vendor/Description Services Type of
Contract
Current
Expenditures
Contract Status of Renew/
Rebid
I
Expiration I Options
NTT America
ANNUALPO $25 ,0 . $54,525.56 6/30/24 NONE $1,844,00 .

Voic Gatways, rk lnstruu, Fiewall, Switches, Ciso, s.uppor,
Subscription, Oﬀsite Router, Cloud Migration, Managed Si UC Flx
Annual PO Only 0 00 00 0 0 00
FundingSource: 1001555-52220 $530,000 101555-5505-3602 $378,ooo 1001557-52300 $360,00 10555550 1000
Comments:

Funding Source: 1001555-52300 $175,000
Con
IGnral
i 1 OF4 I II I I
$ 99.000.00
$100,290.00 1 /18/24 $15 ,0 000 .00 RenewOpenGov 0 100 15695-52300FundingSource:

FundingSource:

Commen:

Comments:

Funding Source:

Annual PO $0.0 $0.0 NONE $ 13 , .

Singlere Annual PO 0 0 000 000
lnformacast
100 1557-52300FundingSource:

FundingSource:

Comments:

Tyler Technologies NONE $646,460.00 $377,295. 5 $65 , .00 RenewMunis Saas, EnerGov, p 1001557-52300 $400,00
Gnral rvic 01/11/25 BAE YR0 0 000
FundingSource:

FundingSource: 1111561-52300 $250,00

Approved Via Email,

Current
Contract
Amount
Current
Status of
Options
FY24/25
Proposed
Amount
Contract
Expiration
Renew/
Rebid
Project No/ Type of
Annual PO Contract
Current
Expenditures
Vendor/Description of Services
Approved via Email

Item Number: 22
City Council / Board of Directors
Written Communications
Meeting of: June 18, 2024
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. 24-055, extending the sunset date of certain temporary fee and penalty waivers associated with the licensing and impoundment of dogs and cats in the city as provided in Victorville Municipal Code Section 7.04.055 to December 31, 2024.

Fiscal Impact:

Due to the proposed extension for fee waivers, a continued decrease in revenues is expected through December 31, 2024. The FY 2024/2025 budget revenue projections reflect the expected continued revenue decrease and will be updated, if necessary, during the mid-year budget review. Except as specifically called out as a fee waiver or temporary suspension, Animal Care and Control fees will adhere to the updated City-Wide Comprehensive User Fee Study under Resolution No. 23-101 approved by the City Council on December 19, 2023.

Strategic Plan Goal:

This item aligns with Goal B: Public Safety – Continue to focus animal services to include active public information and outreach and encourage adoption of animals. The proposed amendments and temporary suspensions will continue to help increase first year dog licensing and chipping of pets, prompt pet reunification with pet owners and the implementation of 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 3 6
6 1
(“VVAPL”) advising of their intent to permanently terminate animal shelter services 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 City’s Code Compliance Department, Animal Care and Control Division, immediately established a temporary animal shelter and pet adoption center at our existing Animal Care and Control facilities prioritizing the care of animals, ensuring a safe work environment for City staff and expanding public outreach to promote the adoption of animals, including partnering with local retailers on weekends to host pet adoption events.

Concurrently, staff began to identify long-term solutions for a permanent animal shelter and, in December 2023, the City signed a lease agreement with the Victor Valley Union High School District to lease the vacant and unutilized Mavericks School site located on E Street to establish a City animal shelter.

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 animal 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. When shelter animal space is not available, staff have continued to provide 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. On December 19, 2023, the City Council adopted Resolution No. 23-102 to extend the sunset date of certain temporary fee and penalty waivers associated with the licensing and impoundment of dogs and cats through June 30, 2024.

Discussion:

Following the adoption of Ordinance No. 2440 in June 2023, Animal Care and Control staff have continued to make operational adjustments to accommodate the operation of the emergency animal shelter and adoption center respectively located within the City’s 3 6
6 1
auxiliary equipment and processing facility located at 14154 Palmdale Road and the Animal Care and Control Office located at 14206 Amargosa Road (pictures included as Attachment C).

During the FY2023/2024 mid-year budget review, the City added four experienced part- time Animal Shelter Maintenance Aides to assist with animal care and facility cleaning operations at both facilities. Most of the Animal Shelter Maintenance Aides were hired from the temporary employment agency (ICR, Inc) who previously provided experienced labor to help care for our sheltered animals and demonstrated great pet care skills and compassion for the animals under our care. The Animal Shelter Maintenance Aides are assigned to clean the kennels and care for the animals, including feeding and walking the animals to ensure the animals receive exercise.

The temporary animal shelter facility on Palmdale Rd currently contains 79 dog kennels and 19 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 25% of total kennels for smaller animals that can 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. Twelve 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 continue to partner with local retailers such as The Home Depot, Costco and the Farmer’s Market located at Victor Valley College to host off-site adoption events, all of which have been highly successful and drawn attention to our Pet Adoption Center on Amargosa (pictures included as Attachment D).

The following are year-to-date statistics through June 1, 2024:

• 238 animals have been adopted.
• 48 animals have been relocated to 21 rescues.
• 24 animals have been fostered.
• Over 1,000 animals have been microchipped.
• 885 free dog licenses have been issued.

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, which is currently being leased by the City from the Victor Valley Union High School District. In coordination with the State of California Division of the State Architect (DSA) who has oversight over public school sites, the Victor Valley Union High School District and the City’s Building Official, DSA has provided clearances to allow for City permits and site 3 6
6 1
modifications for an animal shelter. The site is currently undergoing rehabilitation work and site improvements such as asbestos abatement, plumbing repairs, perimeter fencing modification and assembly of raised quarantine kennels in preparation for an animal shelter with an expected capacity for over 200 dogs and approximately 40-60 feline pets (preliminary site plan and pictures of proposed new animal shelter site are attached as Attachment E).

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 classrooms 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 working with a civil engineer on designs to construct two large, temperature controlled 60 ft. x 80 ft. metal buildings that could provide approximately 200 indoor kennels in addition to quarantine 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. Modified and limited operations are expected to begin within the next 90 days.

City staff are recommending the adoption of Resolution 24-055 (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 December 31, 2024. Doing so will facilitate the continued care and intake of animals at the City’s emergency animal shelter and will 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 24-055
B. Adopted Ordinance 2439 and 2440
C. Pictures of the Temporary Shelter and Adoption Center D. Pictures of Various Pet Adoption Events
E. Proposed New Animal Shelter Site.

Attachment A
RESOLUTION NO. 24-055

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VICTORVILLE, CALIFORNIA, AMENDING RESOLUTION N O. 23-102

AND EXTENDING THE SUNSET DATE OF CERTAIN TEMPORARY FEE

AND PENALTY WAIVERS ASSOCIATED WITH THE LICENSING AND

IMPOUNDMENT OF DOGS AND CATS IN THE CITY THROUGH
DECEMBER 31, 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 (“Waivers”) 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 finalizing a lease for premises to serve as a larger and more permanent animal shelter in the City and designing same, the City still must complete 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 states that the Waivers provided for therein automatically expire on December 31, 2023 unless the City Council takes action by ordinance or resolution to extend said Waivers beyond the end of 2023; and WHEREAS, on December 19, 2023, the City Council extended the Waivers through June 30, 2024 by adopting Resolution No. 23-102; and
WHEREAS, the Waivers currently in place have and continue to aid 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, while the City diligently continues in its efforts to complete the process of constructing the new shelter, the premises are not yet ready for use and the City continues to experience a high-level of stray animals; and
WHEREAS, based upon the above recitals, the City Council has determined that extending Waivers through December 31, 2024 by adopting this Resolution is necessary to preserve the health, safety, and welfare of the residents and pets of the City.

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 December 31, 2024 and shall automatically expire as of that date, unless the City Council takes action by resolution or ordinance to further extend them beyond December 31, 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.

Temporary Shelter and Adoption Center

Attachment D.

Various Adoption Events

Attachment E.

Proposed Animal Shelter Site

Item Number: 23
City Council / Board of Directors
Written Communications
Meeting of: June 18, 2024
Submitted By:

Keith C. Metzler, City Manager

Subject:

National Opioid Settlement Agreements
Recommendation:

That the Honorable City Council:
(1) Adopt Resolution No. 24-072, amending the annual budget for Fiscal Year 2023-2024; approving an increase in revenue and expenditures related to the National Opioids Settlement Agreements; and
(2) Authorize the City Manager to use all Opioid Settlement Fund Disbursements, including future funds, in accordance with the List of Opioid Remediation Uses provided in the Opioid Settlements.

Fiscal Impact:

Adopting Resolution No. 24-072 will increase the City’s Fiscal Year 2023-2024 revenue budget by $39,633.56 (2654020-47415-42006) and increase the expense appropriations by $39,633.56 (2654020-52300-42006). All future Opioid Settlement Fund Disbursements will be used in accordance with the List of Opioid Remediation Uses.

Strategic Plan Goal:

This item aligns with Goal D, Reduce Homelessness, focusing on implementing effective solutions to reduce homelessness.

Background:

On December 7, 2021, a Closed Session item was presented to the City Council relating to the National Prescription Opiate Litigation Settlements with opioid manufacturer Janssen Pharmaceuticals (parent company of Johnson & Johnson) and the “big three" distributors, McKesson, AmerisourceBergen, and Cardinal Health (“the Distributors") and authorized the City Manager as the City's authorized representative to take all reasonable and necessary actions related to the settlements. Since the initial settlements with Janssen and Distributors, additional National Opioid Settlements have been reached with 3 6
7 7
Teva, Allergan, Walmart, CVS, Walgreens, and Kroger, which the City has elected to participate in.

The National Opioid Settlement Agreements will provide substantial funds to states and eligible local governments for the abatement of the opioid epidemic across the country.

The settlement totals approximately $47 billion ($21 billion from the Distributors, $21 billion from Teva, Allergan, Walmart, CVS, Walgreens, and Kroger, and $5 billion from Janssen Pharmaceuticals). Of this potential $47 billion, approximately $45 billion in settlement proceeds are payable to state and local governments. Funds from each settlement will be distributed to the City for a period of up to eighteen (18) years.

The National Opioid Settlements will be distributed as follows:
•Distributors will pay a maximum of $21 billion over 18 years; •Teva is to pay up to $3.34 billion over 13 years and to provide either $1.2 billion of its generic version of the drug Narcan over 10 years or $240 million of cash in lieu of product, as each state may elect;
•Allergan to pay up to $2.02 billion over 7 years;
•Walmart to pay up to $2.74 billion in 2023, and all payments to be made within 6 years;
•CVS to pay up to $4.90 billion over 10 years;
•Walgreens to pay up to $5.52 billion over 15 years;
•Janssen will pay a maximum of $5 billion over no more than nine years; and •Kroger up to $1.4 billion over 11 years
The settlement proceeds to be paid to state and local governments are proportional to the number of state and local governments that approve the settlements. Based on the allocation formula for the states, the maximum amount California will receive will be approximately $2.05 billion from the Distributors and Janssen Agreements, and the multistate settlements with Teva, Allergan, Walmart, CVS, Walgreens, and Kroger are currently pending. Victorville will receive approximately $415,000 over 18 years.

Discussion:

Thus far, the City has received $100,886.31 from the National Opioid Settlements. These settlement funds are restricted on how they can be expended and must align with the List of Opioid Remediation Uses shown in Attachment B. The City has expended $9,915.93 of the settlement funds on Naloxone to allow staff the ability to assist with a medical emergency of an opioid overdose should one occur. Certain employees in Code Compliance, Animal Control, Community Services, Water, Public Works, and Planning are participating in the voluntary program and have completed the City’s mandatory training.

After reviewing the qualified opioid remediation uses from the Opioid Settlements, staff recommends that the funds should be used for the following:
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1. Additional training for the Wellness Center and City staff. Training will include topics such as resilience, motivational interviewing, Cognitive-Behavioral Therapy (CBT), transtheoretical model of behavioral change, integrity, fidelity, skill enhancements, trauma-informed care, interactive journaling, opioid overdose first aid, and life-saving CPR/First Aid/AED training.

2. Naloxone or other FDA-approved drug to reverse opioid overdoses.

3. Comprehensive wraparound services to individuals in recovery, including housing, transportation, and job placement/training at both the Wellness Center and through community outreach. Support the shelter and wraparound services at the Wellness Center and the City’s outreach services related to opioid remediation uses.

4. Providing awareness of the opioid crisis through potential campaigns.

5. Any other expenditures in accordance with the List of Opioid Remediation Uses.

Staff anticipates the continued need for substance abuse services at the Wellness Center and through community outreach. Evidence-based psychoeducation, awareness, staff training, and wraparound services already exist at the Wellness Center. Enhancing the wraparound services will help support the wellness of those individuals in need and address the opioid crisis by improving staff's ability to provide impactful and appropriate services. This will also broaden the scope of recovery services to solidify a heightened approach that would best benefit the client.

Staff recommends that the Honorable City Council adopt Resolution No. 24-072 and authorize the City Manager to use all Opioid Settlement Fund Disbursements, including future funds, in accordance with the List of Opioid Remediation Uses provided in the Opioid Settlements. Staff remains available for any questions the City Council may have.

Attachments: A. Resolution No. 24-072
B. List of Opioid Remediation Uses

Attachment A
Resolution No. 24-072

RESOLUTION NO. 24-072

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

IN REVEN UE AND EXP ENDITURES RELATED TO THE NATIONAL OPIOIDS

SETTLEMENT AGREEMENTS

WHEREAS, the City Manager of the City of Victorville did heretofore submit to the City Council an estimate of the expen ditures and revenues of the City departments and offices, together with a proposed budget for the fiscal year 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 National Opioid Settlement funds were received by the City in the amount of $39,633.56; and

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 the fiscal year 2023-2024 for the City of Victorville be hereby amended to reflect a change in the amounts and associated accounts listed below and as described in the corresponding Agenda Item.

Account Amount Adjusted
2654020-47415-42006 (Revenue) $39,633.56
2654020-52300-42006 (Expenditure) $39,633.56

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

SECTION 3. This Resolution shall take effect immediately upon its adoption.

Attachment B
List of Opioid Remediation Uses
E-1
List of Opioid Remediation Uses
Schedule A
Core Strategies
States and Qualifying Block Grantees shall choose from among the abatement strategies listed in Schedule B. However, priority shall be given to the following core abatement strategies (“Core Strategies”).14
A. NALOXONE OR OTHER FDA-APPROVED DRUG TO

REVERSE OPIOID OVERDOSES

1. Expand training for first responders, schools, community support groups and families; and

2. Increase distribution to individuals who are uninsured or whose insurance does not cover the needed service.

B. MEDICATION-ASSISTED TREATMENT (“MAT”)

DISTRIBUTION AND OTHER OPIOID-RELATED

TREATMENT

1. Increase distribution of MAT to individuals who are
uninsured or whose insurance does not cover the needed
service;

2. Provide education to school-based and youth-focused
programs that discourage or prevent misuse;

3. Provide MAT education and awareness training to
healthcare providers, EMTs, law enforcement, and other
first responders; and

4. Provide treatment and recovery support services such as residential and inpatient treatment, intensive outpatient treatment, outpatient therapy or counseling, and recovery housing that allow or integrate medication and with other support services.
14 As used in this Schedule A, words like “expand,” “fund,” “provide” or the like shall not indicate a preference for new or existing programs.

E-2
C. PREGNANT & POSTPARTUM WOMEN

1. Expand Screening, Brief Intervention, and Referral to Treatment (“SBIRT”) services to non-Medicaid eligible or uninsured pregnant women;

2. Expand comprehensive evidence-based treatment and
recovery services, including MAT, for women with co-
occurring Opioid Use Disorder (“OUD”) and other
Substance Use Disorder (“SUD”)/Mental Health disorders
for uninsured individuals for up to 12 months postpartum; and

3. Provide comprehensive wrap-around services to individuals with OUD, including housing, transportation, job
placement/training, and childcare.

D. EXPANDING TREATMENT FOR NEONATAL
ABSTINENCE SYNDROME (“NAS”)

1. Expand comprehensive evidence-based and recovery
support for NAS babies;

2. Expand services for better continuum of care with infant- need dyad; and

3. Expand long-term treatment and services for medical
monitoring of NAS babies and their families.

E. EXPANSION OF WARM HAND-OFF PROGRAMS AND

RECOVERY SERVICES

1. Expand services such as navigators and on-call teams to begin MAT in hospital emergency departments;

2. Expand warm hand-off services to transition to recovery services;

3. Broaden scope of recovery services to include co-occurring SUD or mental health conditions;

4. Provide comprehensive wrap-around services to individuals in recovery, including housing, transportation, job
placement/training, and childcare; and

5. Hire additional social workers or other behavioral health workers to facilitate expansions above.

E-3
F. TREATMENT FOR INCARCERATED POPULATION

1. Provide evidence-based treatment and recovery support, including MAT for persons with OUD and co-occurring
SUD/MH disorders within and transitioning out of the
criminal justice system; and

2. Increase funding for jails to provide treatment to inmates with OUD.

G. PREVENTION PROGRAMS

1. Funding for media campaigns to prevent opioid use (similar to the FDA’s “Real Cost” campaign to prevent youth from misusing tobacco);

2. Funding for evidence-based prevention programs in
schools;

3. Funding for medical provider education and outreach
regarding best prescribing practices for opioids consistent with the 2016 CDC guidelines, including providers at
hospitals (academic detailing);

4. Funding for community drug disposal programs; and

5. Funding and training for first responders to participate in pre-arrest diversion programs, post-overdose response
teams, or similar strategies that connect at-risk individuals to behavioral health services and supports.

H. EXPANDING SYRINGE SERVICE PROGRAMS

1. Provide comprehensive syringe services programs with more wrap-around services, including linkage to OUD
treatment, access to sterile syringes and linkage to care and treatment of infectious diseases.

I. EVIDENCE-BASED DATA COLLECTION AND

RESEARCH ANALYZING THE EFFECTIVENESS OF THE

ABATEMENT STRATEGIES WITHIN THE STATE

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Schedule B
Approved Uses
Support treatment of Opioid Use Disorder (OUD) and any co-occurring Substance Use Disorder or Mental Health (SUD/MH) conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following:

PART ONE: TREATMENT

A. TREAT OPIOID USE DISORDER (OUD)
Support treatment of Opioid Use Disorder (“OUD”) and any co-occurring Substance Use Disorder or Mental Health (“SUD/MH”) conditions through evidence-based or evidence- informed programs or strategies that may include, but are not limited to, those that:15

1. Expand availability of treatment for OUD and any co-occurring SUD/MH conditions, including all forms of Medication-Assisted Treatment (“MAT”) approved by the U.S. Food and Drug Administration.

2. Support and reimburse evidence-based services that adhere to the American Society of Addiction Medicine (“ASAM”) continuum of care for OUD and any co- occurring SUD/MH conditions.

3. Expand telehealth to increase access to treatment for OUD and any co-occurring SUD/MH conditions, including MAT, as well as counseling, psychiatric support, and other treatment and recovery support services.

4. Improve oversight of Opioid Treatment Programs (“OTPs”) to assure evidence- based or evidence-informed practices such as adequate methadone dosing and low threshold approaches to treatment.

5. Support mobile intervention, treatment, and recovery services, offered by qualified professionals and service providers, such as peer recovery coaches, for persons with OUD and any co-occurring SUD/MH conditions and for persons who have experienced an opioid overdose.

6. Provide treatment of trauma for individuals with OUD (e.g., violence, sexual assault, human trafficking, or adverse childhood experiences) and family members (e.g., surviving family members after an overdose or overdose fatality), and training of health care personnel to identify and address such trauma.

7. Support evidence-based withdrawal management services for people with OUD and any co-occurring mental health conditions.

15 As used in this Schedule B, words like “expand,” “fund,” “provide” or the like shall not indicate a preference for new or existing programs.

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8. Provide training on MAT for health care providers, first responders, students, or other supporting professionals, such as peer recovery coaches or recovery outreach specialists, including telementoring to assist community-based providers in rural or underserved areas.

9. Support workforce development for addiction professionals who work with persons with OUD and any co-occurring SUD/MH conditions.

10. Offer fellowships for addiction medicine specialists for direct patient care, instructors, and clinical research for treatments.

11. Offer scholarships and supports for behavioral health practitioners or workers involved in addressing OUD and any co-occurring SUD/MH or mental health conditions, including, but not limited to, training, scholarships, fellowships, loan repayment programs, or other incentives for providers to work in rural or underserved areas.

12. Provide funding and training for clinicians to obtain a waiver under the federal Drug Addiction Treatment Act of 2000 (“DATA 2000”) to prescribe MAT for OUD, and provide technical assistance and professional support to clinicians who have obtained a DATA 2000 waiver.

13. Disseminate of web-based training curricula, such as the American Academy of Addiction Psychiatry’s Provider Clinical Support Service–Opioids web-based training curriculum and motivational interviewing.

14. Develop and disseminate new curricula, such as the American Academy of Addiction Psychiatry’s Provider Clinical Support Service for Medication– Assisted Treatment.

B. SUPPORT PEOPLE IN TREATMENT AND RECOVERY
Support people in recovery from OUD and any co-occurring SUD/MH conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the programs or strategies that:

1. Provide comprehensive wrap-around services to individuals with OUD and any co-occurring SUD/MH conditions, including housing, transportation, education, job placement, job training, or childcare.

2. Provide the full continuum of care of treatment and recovery services for OUD and any co-occurring SUD/MH conditions, including supportive housing, peer support services and counseling, community navigators, case management, and connections to community-based services.

3. Provide counseling, peer-support, recovery case management and residential treatment with access to medications for those who need it to persons with OUD and any co-occurring SUD/MH conditions.

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4. Provide access to housing for people with OUD and any co-occurring SUD/MH conditions, including supportive housing, recovery housing, housing assistance programs, training for housing providers, or recovery housing programs that allow or integrate FDA-approved mediation with other support services.

5. Provide community support services, including social and legal services, to assist in deinstitutionalizing persons with OUD and any co-occurring SUD/MH conditions.

6. Support or expand peer-recovery centers, which may include support groups, social events, computer access, or other services for persons with OUD and any co-occurring SUD/MH conditions.

7. Provide or support transportation to treatment or recovery programs or services for persons with OUD and any co-occurring SUD/MH conditions.

8. Provide employment training or educational services for persons in treatment for or recovery from OUD and any co-occurring SUD/MH conditions.

9. Identify successful recovery programs such as physician, pilot, and college recovery programs, and provide support and technical assistance to increase the number and capacity of high-quality programs to help those in recovery.

10. Engage non-profits, faith-based communities, and community coalitions to support people in treatment and recovery and to support family members in their efforts to support the person with OUD in the family.

11. Provide training and development of procedures for government staff to appropriately interact and provide social and other services to individuals with or in recovery from OUD, including reducing stigma.

12. Support stigma reduction efforts regarding treatment and support for persons with OUD, including reducing the stigma on effective treatment.

13. Create or support culturally appropriate services and programs for persons with OUD and any co-occurring SUD/MH conditions, including new Americans.

14. Create and/or support recovery high schools.

15. Hire or train behavioral health workers to provide or expand any of the services or supports listed above.

C. CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED
(CONNECTIONS TO CARE)
Provide connections to care for people who have—or are at risk of developing—OUD and any co-occurring SUD/MH conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, those that:

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1. Ensure that health care providers are screening for OUD and other risk factors and know how to appropriately counsel and treat (or refer if necessary) a patient for OUD treatment.

2. Fund SBIRT programs to reduce the transition from use to disorders, including SBIRT services to pregnant women who are uninsured or not eligible for Medicaid.

3. Provide training and long-term implementation of SBIRT in key systems (health, schools, colleges, criminal justice, and probation), with a focus on youth and young adults when transition from misuse to opioid disorder is common.

4. Purchase automated versions of SBIRT and support ongoing costs of the technology.

5. Expand services such as navigators and on-call teams to begin MAT in hospital emergency departments.

6. Provide training for emergency room personnel treating opioid overdose patients on post-discharge planning, including community referrals for MAT, recovery case management or support services.

7. Support hospital programs that transition persons with OUD and any co-occurring SUD/MH conditions, or persons who have experienced an opioid overdose, into clinically appropriate follow-up care through a bridge clinic or similar approach.

8. Support crisis stabilization centers that serve as an alternative to hospital emergency departments for persons with OUD and any co-occurring SUD/MH conditions or persons that have experienced an opioid overdose.

9. Support the work of Emergency Medical Systems, including peer support specialists, to connect individuals to treatment or other appropriate services following an opioid overdose or other opioid-related adverse event.

10. Provide funding for peer support specialists or recovery coaches in emergency departments, detox facilities, recovery centers, recovery housing, or similar settings; offer services, supports, or connections to care to persons with OUD and any co-occurring SUD/MH conditions or to persons who have experienced an opioid overdose.

11. Expand warm hand-off services to transition to recovery services.

12. Create or support school-based contacts that parents can engage with to seek immediate treatment services for their child; and support prevention, intervention, treatment, and recovery programs focused on young people.

13. Develop and support best practices on addressing OUD in the workplace.

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14. Support assistance programs for health care providers with OUD.

15. Engage non-profits and the faith community as a system to support outreach for treatment.

16. Support centralized call centers that provide information and connections to appropriate services and supports for persons with OUD and any co-occurring SUD/MH conditions.

D. ADDRESS THE NEEDS OF CRIMINAL JUSTICE-INVOLVED PERSONS Address the needs of persons with OUD and any co-occurring SUD/MH conditions who are involved in, are at risk of becoming involved in, or are transitioning out of the criminal justice system through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, those that:

1. Support pre-arrest or pre-arraignment diversion and deflection strategies for persons with OUD and any co-occurring SUD/MH conditions, including established strategies such as:

1. Self-referral strategies such as the Angel Programs or the Police Assisted Addiction Recovery Initiative (“PAARI”);

2. Active outreach strategies such as the Drug Abuse Response Team (“DART”) model;

3. “Naloxone Plus” strategies, which work to ensure that individuals who have received naloxone to reverse the effects of an overdose are then linked to treatment programs or other appropriate services;

4. Officer prevention strategies, such as the Law Enforcement Assisted Diversion (“LEAD”) model;

5. Officer intervention strategies such as the Leon County, Florida Adult Civil Citation Network or the Chicago Westside Narcotics Diversion to Treatment Initiative; or

6. Co-responder and/or alternative responder models to address OUD-related 911 calls with greater SUD expertise.

2. Support pre-trial services that connect individuals with OUD and any co- occurring SUD/MH conditions to evidence-informed treatment, including MAT, and related services.

3. Support treatment and recovery courts that provide evidence-based options for persons with OUD and any co-occurring SUD/MH conditions.

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4. Provide evidence-informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co- occurring SUD/MH conditions who are incarcerated in jail or prison.

5. Provide evidence-informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co- occurring SUD/MH conditions who are leaving jail or prison or have recently left jail or prison, are on probation or parole, are under community corrections supervision, or are in re-entry programs or facilities.

6. Support critical time interventions (“CTI”), particularly for individuals living with dual-diagnosis OUD/serious mental illness, and services for individuals who face immediate risks and service needs and risks upon release from correctional settings.

7. Provide training on best practices for addressing the needs of criminal justice- involved persons with OUD and any co-occurring SUD/MH conditions to law enforcement, correctional, or judicial personnel or to providers of treatment, recovery, harm reduction, case management, or other services offered in connection with any of the strategies described in this section.

E. ADDRESS THE NEEDS OF PREGNANT OR PARENTING WOMEN AND

THEIR FAMILIES, INCLUDING BABIES WITH NEONATAL ABSTINENCE

SYNDROME
Address the needs of pregnant or parenting women with OUD and any co-occurring SUD/MH conditions, and the needs of their families, including babies with neonatal abstinence syndrome (“NAS”), through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, those that:

1. Support evidence-based or evidence-informed treatment, including MAT, recovery services and supports, and prevention services for pregnant women—or women who could become pregnant—who have OUD and any co-occurring SUD/MH conditions, and other measures to educate and provide support to families affected by Neonatal Abstinence Syndrome.

2. Expand comprehensive evidence-based treatment and recovery services, including MAT, for uninsured women with OUD and any co-occurring SUD/MH conditions for up to 12 months postpartum.

3. Provide training for obstetricians or other healthcare personnel who work with pregnant women and their families regarding treatment of OUD and any co- occurring SUD/MH conditions.

4. Expand comprehensive evidence-based treatment and recovery support for NAS babies; expand services for better continuum of care with infant-need dyad; and expand long-term treatment and services for medical monitoring of NAS babies and their families.

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5. Provide training to health care providers who work with pregnant or parenting women on best practices for compliance with federal requirements that children born with NAS get referred to appropriate services and receive a plan of safe care.

6. Provide child and family supports for parenting women with OUD and any co- occurring SUD/MH conditions.

7. Provide enhanced family support and child care services for parents with OUD and any co-occurring SUD/MH conditions.

8. Provide enhanced support for children and family members suffering trauma as a result of addiction in the family; and offer trauma-informed behavioral health treatment for adverse childhood events.

9. Offer home-based wrap-around services to persons with OUD and any co- occurring SUD/MH conditions, including, but not limited to, parent skills training.

10. Provide support for Children’s Services—Fund additional positions and services, including supportive housing and other residential services, relating to children being removed from the home and/or placed in foster care due to custodial opioid use.

PART TWO: PREVENTION
F. PREVENT OVER-PRESCRIBING AND ENSURE APPROPRIATE

PRESCRIBING AND DISPENSING OF OPIOIDS
Support efforts to prevent over-prescribing and ensure appropriate prescribing and dispensing of opioids through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following:

1. Funding medical provider education and outreach regarding best prescribing practices for opioids consistent with the Guidelines for Prescribing Opioids for Chronic Pain from the U.S. Centers for Disease Control and Prevention, including providers at hospitals (academic detailing).

2. Training for health care providers regarding safe and responsible opioid prescribing, dosing, and tapering patients off opioids.

3. Continuing Medical Education (CME) on appropriate prescribing of opioids.

4. Providing Support for non-opioid pain treatment alternatives, including training providers to offer or refer to multi-modal, evidence-informed treatment of pain.

5. Supporting enhancements or improvements to Prescription Drug Monitoring Programs (“PDMPs”), including, but not limited to, improvements that:

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1. Increase the number of prescribers using PDMPs;

2. Improve point-of-care decision-making by increasing the quantity, quality, or format of data available to prescribers using PDMPs, by improving the interface that prescribers use to access PDMP data, or both; or

3. Enable states to use PDMP data in support of surveillance or intervention strategies, including MAT referrals and follow-up for individuals identified within PDMP data as likely to experience OUD in a manner that complies with all relevant privacy and security laws and rules.

6. Ensuring PDMPs incorporate available overdose/naloxone deployment data, including the United States Department of Transportation’s Emergency Medical Technician overdose database in a manner that complies with all relevant privacy and security laws and rules.

7. Increasing electronic prescribing to prevent diversion or forgery.

8. Educating dispensers on appropriate opioid dispensing.

G. PREVENT MISUSE OF OPIOIDS
Support efforts to discourage or prevent misuse of opioids through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following:

1. Funding media campaigns to prevent opioid misuse.

2. Corrective advertising or affirmative public education campaigns based on evidence.

3. Public education relating to drug disposal.

4. Drug take-back disposal or destruction programs.

5. Funding community anti-drug coalitions that engage in drug prevention efforts.

6. Supporting community coalitions in implementing evidence-informed prevention, such as reduced social access and physical access, stigma reduction—including staffing, educational campaigns, support for people in treatment or recovery, or training of coalitions in evidence-informed implementation, including the Strategic Prevention Framework developed by the U.S. Substance Abuse and Mental Health Services Administration (“SAMHSA”).

7. Engaging non-profits and faith-based communities as systems to support prevention.

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8. Funding evidence-based prevention programs in schools or evidence-informed school and community education programs and campaigns for students, families, school employees, school athletic programs, parent-teacher and student associations, and others.

9. School-based or youth-focused programs or strategies that have demonstrated effectiveness in preventing drug misuse and seem likely to be effective in preventing the uptake and use of opioids.

10. Create or support community-based education or intervention services for families, youth, and adolescents at risk for OUD and any co-occurring SUD/MH conditions.

11. Support evidence-informed programs or curricula to address mental health needs of young people who may be at risk of misusing opioids or other drugs, including emotional modulation and resilience skills.

12. Support greater access to mental health services and supports for young people, including services and supports provided by school nurses, behavioral health workers or other school staff, to address mental health needs in young people that (when not properly addressed) increase the risk of opioid or another drug misuse.

H. PREVENT OVERDOSE DEATHS AND OTHER HARMS (HARM REDUCTION) Support efforts to prevent or reduce overdose deaths or other opioid-related harms through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following:

1. Increased availability and distribution of naloxone and other drugs that treat overdoses for first responders, overdose patients, individuals with OUD and their friends and family members, schools, community navigators and outreach workers, persons being released from jail or prison, or other members of the general public.

2. Public health entities providing free naloxone to anyone in the community.

3. Training and education regarding naloxone and other drugs that treat overdoses for first responders, overdose patients, patients taking opioids, families, schools, community support groups, and other members of the general public.

4. Enabling school nurses and other school staff to respond to opioid overdoses, and provide them with naloxone, training, and support.

5. Expanding, improving, or developing data tracking software and applications for overdoses/naloxone revivals.

6. Public education relating to emergency responses to overdoses.

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7. Public education relating to immunity and Good Samaritan laws.

8. Educating first responders regarding the existence and operation of immunity and Good Samaritan laws.

9. Syringe service programs and other evidence-informed programs to reduce harms associated with intravenous drug use, including supplies, staffing, space, peer support services, referrals to treatment, fentanyl checking, connections to care, and the full range of harm reduction and treatment services provided by these programs.

10. Expanding access to testing and treatment for infectious diseases such as HIV and Hepatitis C resulting from intravenous opioid use.

11. Supporting mobile units that offer or provide referrals to harm reduction services, treatment, recovery supports, health care, or other appropriate services to persons that use opioids or persons with OUD and any co-occurring SUD/MH conditions.

12. Providing training in harm reduction strategies to health care providers, students, peer recovery coaches, recovery outreach specialists, or other professionals that provide care to persons who use opioids or persons with OUD and any co- occurring SUD/MH conditions.

13. Supporting screening for fentanyl in routine clinical toxicology testing.

PART THREE: OTHER STRATEGIES

I. FIRST RESPONDERS
In addition to items in section C, D and H relating to first responders, support the following:

1. Education of law enforcement or other first responders regarding appropriate practices and precautions when dealing with fentanyl or other drugs.

2. Provision of wellness and support services for first responders and others who experience secondary trauma associated with opioid-related emergency events.

J. LEADERSHIP, PLANNING AND COORDINATION
Support efforts to provide leadership, planning, coordination, facilitations, training and technical assistance to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, the following:

1. Statewide, regional, local or community regional planning to identify root causes of addiction and overdose, goals for reducing harms related to the opioid epidemic, and areas and populations with the greatest needs for treatment

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intervention services, and to support training and technical assistance and other strategies to abate the opioid epidemic described in this opioid abatement strategy list.

2. A dashboard to (a) share reports, recommendations, or plans to spend opioid settlement funds; (b) to show how opioid settlement funds have been spent; (c) to report program or strategy outcomes; or (d) to track, share or visualize key opioid- or health-related indicators and supports as identified through collaborative statewide, regional, local or community processes.

3. Invest in infrastructure or staffing at government or not-for-profit agencies to support collaborative, cross-system coordination with the purpose of preventing overprescribing, opioid misuse, or opioid overdoses, treating those with OUD and any co-occurring SUD/MH conditions, supporting them in treatment or recovery, connecting them to care, or implementing other strategies to abate the opioid epidemic described in this opioid abatement strategy list.

4. Provide resources to staff government oversight and management of opioid abatement programs.

K. TRAINING
In addition to the training referred to throughout this document, support training to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, those that:

1. Provide funding for staff training or networking programs and services to improve the capability of government, community, and not-for-profit entities to abate the opioid crisis.

2. Support infrastructure and staffing for collaborative cross-system coordination to prevent opioid misuse, prevent overdoses, and treat those with OUD and any co- occurring SUD/MH conditions, or implement other strategies to abate the opioid epidemic described in this opioid abatement strategy list (e.g., health care, primary care, pharmacies, PDMPs, etc.).

L. RESEARCH
Support opioid abatement research that may include, but is not limited to, the following:

1. Monitoring, surveillance, data collection and evaluation of programs and strategies described in this opioid abatement strategy list.

2. Research non-opioid treatment of chronic pain.

3. Research on improved service delivery for modalities such as SBIRT that demonstrate promising but mixed results in populations vulnerable to opioid use disorders.

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4. Research on novel harm reduction and prevention efforts such as the provision of fentanyl test strips.

5. Research on innovative supply-side enforcement efforts such as improved detection of mail-based delivery of synthetic opioids.

6. Expanded research on swift/certain/fair models to reduce and deter opioid misuse within criminal justice populations that build upon promising approaches used to address other substances (e.g., Hawaii HOPE and Dakota 24/7).

7. Epidemiological surveillance of OUD-related behaviors in critical populations, including individuals entering the criminal justice system, including, but not limited to approaches modeled on the Arrestee Drug Abuse Monitoring (“ADAM”) system.

8. Qualitative and quantitative research regarding public health risks and harm reduction opportunities within illicit drug markets, including surveys of market participants who sell or distribute illicit opioids.

9. Geospatial analysis of access barriers to MAT and their association with treatment engagement and treatment outcomes.

Item Number: 24
City Council / Board of Directors
Written Communications
Meeting of: June 18, 2024
Submitted By:

Keith C. Metzler, City Manager

Subject:

Agreement Between the County of San Bernardino and the City of Victorville for the New Police Station and Civic Plaza
Recommendation:

That the Honorable City Council:
(1) Adopt Resolution No. 24-056 authorizing a contract between the City of Victorville and San Bernardino County to receive funding in the amount not-to-exceed $3,700,000 for the new Police Station and Civic Plaza;
(2) Adopt Resolution No. 24-057, amending the annual budget for Fiscal Year 2024-2025; approving an increase in revenue and expenditures; and
(3) Authorize the City Manager to execute all documents to effectuate the contract.

Fiscal Impact:

The proposed action requires an additional appropriation of $3,700,000 in both revenues and expenditures to the City’s Fiscal Year 2024-2025 budget, as outlined in Resolution No. 24-057 (attachment B), to aid the City in its effort to construct a new Police Station and Civic Plaza. The final contract received from San Bernardino County was after the Fiscal Year 2024-2025 budget was approved; therefore, it requires amending the budget for the next Fiscal year.

Strategic Plan Goal:

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

Background:

On April 12, 2024, the County of San Bernardino (County), on behalf of San Bernardino County Supervisor Paul Cook’s office informed staff of potential allocations through the Board of Supervisors (Board) Discretionary Funding. The Board adopted a policy for the Priorities Program projects to help promote the vision of a complete County by 3 6
6 4
recognizing the unique traits of each Supervisorial District and, thereby, allow individual Board Districts to work with community partners through County services and contractual agreements to identify programs, projects, and initiatives that support the vision, meet a public purpose and provide services to residents that promote health, safety, economic well-being, education, recreation, and other public services that enhance quality of life, and meet the needs of the County’s residents. Projects under the District Specific Priorities Program are based on the District Board of Supervisors Discretionary Fund - District Specific Priorities Program approved on February 6, 2024.

Discussion:

The City of Victorville is in the process of designing a new Police Station and Civic Plaza at the Northwest corner of Civic Drive and Seneca Road. On April 2, 2024, the City Council approved the Purchase and Sale Agreement involving four vacant parcels totaling approximately +9.18 acres for the future Police Station and Civic Plaza and on May 13, 2024, successfully closed escrow acquiring said parcels. The next phase of this project is a new conceptual design that will build upon the previously developed program and conceptual plans followed by Phase 2 of the schematic design.

The contract with the County will allocate funds to the City in an amount not-to-exceed $3,700,000. Said funds are to be allocated to the City in the amount of $2,500,000 for land acquisition costs and $1,200,000 for Phase 1 Conceptual Design and Phase 2 Schematic Design costs related to the Police Station and Civic Plaza. In Section B.5 of the contract, the City is required to provide a 25% match or $925,000. The costs for this project will exceed the City’s match requirement and will be satisfied based on the overall project costs.

Measure P funded the acquisition costs for the parcels mentioned above and will fund Phases 1 and 2 of the project in the forthcoming months. Once Phases 1 and 2 are complete, the City will submit a final expenditure report to the County, and upon approval from the County, the City will receive one lump sum payment to reimburse the Measure P fund.

Staff recommends that the Honorable City Council adopt Resolution No. 24-056 authorizing a contract between the City of Victorville and San Bernardino County to receive funding in the amount not-to-exceed $3,700,000 for the new Police Station and Civic Plaza, adopt Resolution No. 24-057, amending the annual budget for Fiscal Year 2024-2025; approving an increase in revenue and expenditures and authorize the City Manager to execute all documents to effectuate the contract. Staff remains available for any questions or comments you may have.

Attachments: A. Resolution No. 24-056
B. Resolution No. 24-057

Attachment A
Resolution No. 24-056

RESOLUTION NO. 24-056

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE

AUTHORIZING A CONTRACT BETWEEN THE CITY OF VICTORVILLE AND SAN

BERNARDINO COUNTY TO RECEIVE FUNDING IN THE AMOUNT NOT -TO- EXCEED $3,700,000 FOR THE NEW POLICE STATION AND CIVIC PLAZA

WHEREAS, The City of Victorville is in the process of designing a new Police Station and Civic Plaza at the Northwest corner of Civic Drive and Seneca Road; and

WHEREAS, the City’s 2023-2026 Strategic Plan, Goal B Public Safety, indicates implementing public safety strategies to support a thriving and growing community and Goal E Invest in Infrastructure, identifies creating a healthy and livable community by maintaining the City’s assets through investment in infrastructure and innovations; and

WHEREAS, San Bernardino County desires to contribute funding to the City of Victorville for a new Police Station and Civic Plaza with $2,500,000 for land acquisition costs and $1,200,000 for Phase 1 Conceptual Design costs and Phase 2 Schematic Design costs, for a total of $3,700,000; and
WHEREAS, the San Bernardino County residents of Victorville and the surrounding communities of the First District will be served by the property acquisition and future construction of a new Police Station and Civic Plaza; and

WHEREAS, the City of Victorville Police Department is located at 14200 Amargosa Rd. and is a 15,828 square-foot single-story building; and

WHEREAS, the new Police Station and Civic Plaza will be located on City-owned property totaling approximately + 9.18 acres with the Police Station projected to be a single-story building with approximately 43,000 square feet; and

WHEREAS, San Bernardino County finds the City qualified to manage this project and utilize funds for the purchase of the land, Phase 1 Conceptual Design costs , and Phase 2 Schematic Design costs; and

WHEREAS, the City desires to enter into this Contract with San Bernardino County to clarify roles, responsibilities, and reimbursement terms regarding the City’s new Police Station and Civic Plaza; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY FIND, RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. Recitals.

The foregoing Recitals are true and correct and are incorporated herein by this reference.

Section 2. Contract Agreement

The City Council hereby authorizes the execution of the contract, herein included as Exhibit “A” to this resolution, between the City and the County to accept and use the

Board of Supervisors Discretionary Funding for the new Police Station and Civic Plaza in the City of Victorville.

Section 3. City Manager Authority

The City Council hereby delegates to the City Manager or his designee the role of Signature Authority on behalf of the City to execute all contract and reporting documents necessary.

Section 4. Effective Date

This Resolution shall take effect immediately upon its adoption.

Exhibit “A”

THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY

Board of Supervisors

Department Contract Representative Stephanie Maldonado Telephone Number 909-387-4378

Contractor City of Victorville
Contractor Representative Keith Metzler
Telephone Number 760-955-5029
Contract Term 7/9/24-12/31/26
Original Contract Amount Not-to-Exceed $3,700,000
Amendment Amount
Total Contract Amount Not-to-Exceed $3,700,000
Cost Center 1021001000

IT IS HEREBY AGREED AS FOLLOWS:

WHEREAS, it is the policy of the Board of Supervisors (Board) to work with community partners through services provided by San Bernardino County (County) and contractual agreements to identify programs, projects, and initiatives, that support the mission of the County, and to provide services to citizens that promote health, safety, economic well- being, education, recreation, and other public services that enhance quality of life, and meet the needs of the County’s citizens; and

WHEREAS, under Government Code sections 26224 and 26227 the Board may contract with certain entities to provide certain services to County residents; and,

WHEREAS, on September 21, 2021 (Item No. 18), the Board approved the Board of Supervisors Discretionary Fund – District Specific Priorities Program (Priorities Program) and allocated $4 million to each of the five supervisorial districts; and

WHEREAS, on November 16, 2021 (Item No. 33), the Board approved an additional allocation of $7 million to each of the five supervisorial districts under the Priorities Program; and

WHEREAS, on February 6, 2024 (Item No.61), the Board approved an additional allocation of $6 million to each of the five supervisorial districts under the Priorities Program; and Contract Number

SAP Number

WHEREAS, County desires to contribute funding to the City of Victorville (Contractor) to acquire approximately nine acres of vacant land located in Victorville, San Bernardino County (Assessor’s Parcel Numbers (APN’s) 3106-261-15, 3106-261-16, 3106 -261-17, and 3106 -261-18); $2,500,000 for land acquisition costs and $1,200,000 for Phase 1 Conceptual Design costs and Phase 2 Schematic Design costs, for a total of $3,700,000; and WHEREAS, Contractor will complete Phase 1 Conceptual Design and Phase 2 Schematic Design for a new 41, 000 square foot police station and civic plaza on this property which includes conceptual plans, elevations, renderings, a complete description of building systems (structural, mechanical, HVAC, plumbing and electrical), interior and exterior finishes and the building site; and
WHEREAS, the new police station will incorporate a civic plaza design comprising of civic memorial spaces and opportunities for the public to be active in the community and engage in social activities and events; and WHEREAS, the Contractor recently acquired the property and closed escrow on May 13, 2024; and WHEREAS, the County would like Contractor to manage these services; and WHEREAS, the County finds Contractor qualified to manage this project and utilize funds for the purchase of the land, Phase 1 Conceptual Design costs and Phase 2 Schematic Design costs; and WHEREAS, providing funding to Contractor serves the public purpose of providing for the social, public safety, and economic needs of County residents; and
WHEREAS, the County residents of Victorville and the surrounding communities of the First District will be served by the property acquisition and future construction of a new police station; and WHEREAS, the County desires that such services be provided by Contractor and Contractor agrees to perform these services as set forth below.

NOW, THEREFORE, the County and Contractor mutually agree to the following terms and conditions:

A. PURPOSE OF CONTRACT
This Contract is made for the purpose of providing funding to support Contractor in acquiring approximately nine acres of vacant land located in Victorville, San Bernardino County (APN’s 3106- 261-15, 3106-261-16, 3106-261-17, and 3106-261-18). $2,500,000 for land acquisition costs and $1,200,000 for Phase 1 Conceptual Design costs and Phase 2 Schematic Design costs, for a total of $3,700,000 to meet the needs of the residents of Victorville and surrounding communities.

B. CONTRACTOR RESPONSIBILITIES AND SCOPE OF SERVICES
B.1 Funding arising out of this Contract will be used for a Scope of Services to provide financial support to contractor to acquire approximately nine acres of vacant land located in Victorville, San Bernardino County (APN’s 3106-261-15, 3106-261-16, 3106-261-17, and 3106- 261-18), Phase 1 Conceptual Design costs and Phase 2 Schematic Design costs for a new 41,000 square foot police station and civic plaza on this property which includes a complete description of building systems (structural, mechanical, HVAC, plumbing and electrical), interior and exterior finishes and the building site.

B.2 Contractor shall allow the County, its officers, agents and employees the privilege and right to on- site inspection of the new police station and civic plaza. Contractor will ensure that its employees or agents furnish any information that in the judgment of the County, may be relevant to a question of compliance with contractual conditions, or the effectiveness, legality, and achievements of the program.

B.3 Contractor shall provide the County all documentation regarding the scope of services covered by this Contract that the County requests from Contractor within 10 days of County’s request unless a different time is agreed to by the County.

B.4 Contractor shall provide the County with documentation supporting completion of the project within 60 days of project completion.

B.5 Contractor acknowledges and agrees that it will make a matching contribution of at least 25% of the cost of the Services that Contractor will provide under this Contract. Contractor’s matching contribution will be a minimum of $925,000.

C. GENERAL CONTRACT REQUIREMENTS
C.1 Recitals
The recitals set forth above are true and correct and incorporated herein by this reference.

C.2 Contract Amendments
Contractor agrees any alterations, variations, modifications, or waivers of the provisions of the Contract, shall be valid only when reduced to writing, executed and attached to the original Contract and approved by the person(s) authorized to do so on behalf of Contractor and County.

C.3 Contract Assignability
Without the prior written consent of the County, the Contract is not assignable by Contractor either in whole or in part. Any attempt by Contractor to assign any performance of the terms of this Contract shall be null and void and shall constitute a material breach of this Contract.

C.4 Contract Exclusivity
This is not an exclusive Contract. The County reserves the right to enter into a contract with other contractors for the same or similar services. The County does not guarantee or represent that the Contractor will be permitted to perform any minimum amount of work, or receive compensation other than on a per order basis, under the terms of this Contract.

C.5 Attorney’s Fees and Costs
If any legal action is instituted to enforce any party’s rights hereunder, each party shall bear its own costs and attorney fees, regardless of who is the prevailing party. This paragraph shall not apply to those costs and attorney fees directly arising from a third-party legal action against a party hereto and payable under Indemnification and Insurance Requirements.

C.6 Background Checks for Contractor Personnel
Contractor shall ensure that its personnel (a) are authorized to work in the jurisdiction in which they are assigned to perform Services; (b) do not use legal or illegal substances in any manner which will impact their ability to provide Services to the County; and (c) are not otherwise disqualified from performing the Services under applicable law. If requested by the County and not in violation of applicable law, Contractor shall conduct a background check , at Contractor’s sole expense, on all its personnel providing Services. If requested by the County, Contractor shall provide the results of the background check of each individual to the County. Such background check shall be in the form generally used by Contractor in its initial hiring of employees or contracting for contractors or, as applicable, during the employment-screening process but must, at a minimum, have been performed within the preceding 12- month period. Contractor personnel who do not meet the County’s hiring criteria, in County ’s sole discretion, shall not be assigned to work on County property or Services, and County shall have the right, at its sole option, to refuse access to any Contractor personnel to any County facility.

C.7 Change of Address
Contractor shall notify the County in writing, of any change in mailing address within ten (10) business days of the change.

C.8 Choice of Law
This Contract shall be governed by and construed according to the laws of the State of California.

C.9 Compliance with County Policy
In performing the Services and while at any County facilities, Contractor personnel (including subcontractors) shall (a) conduct themselves in a businesslike manner; (b) comply with the policies, procedures, and rules of the County regarding health and safety, and personal, professional and ethical conduct; (c) comply with the finance, accounting, banking, Internet, security, and/or other applicable

standards, policies, practices, processes, procedures, and controls of the County; and (d) abide by all laws applicable to the County facilities and the provision of the Services, and all amendments and modifications to each of the documents listed in subs ections (b), (c), and (d) (collectively, “County Policies”). County Policies, and additions or modifications thereto, may be communicated orally or in writing to Contractor or Contractor personnel or may be made available to Contractor or Contractor personnel by conspicuous posting at a County facility, electronic posting, or other means generally used by County to disseminate such information to its employees or contractors. Contractor shall be responsible for the promulgation and distribution of County Policies to Contractor personnel to the extent necessary and appropriate.

County shall have the right to require Contractor’s employees, agents, representatives and subcontractors to exhibit identification credentials issued by County in order to exercise any right of access under this Contract.

C.10 Confidentiality
Contractor shall protect from unauthorized use or disclosure names and other identifying information concerning persons receiving Services pursuant to this Contract, except for statistical information not identifying any participant. Contractor shall not use or disclose any identifying information for any other purpose other than carrying out the Contractor's obligations under this C ontract, except as may be otherwise required by law. This provision will remain in force even after the termination of the Contract.

C.11 Primary Point of Contact
Contractor will designate an individual to serve as the primary point of contact for the Contract.

Contractor or designee must respond to County inquiries within two (2) business days. Contractor shall not change the primary contact without written acknow ledgement to the County. Contractor will also designate a back-up point of contact in the event the primary contact is not available.

C.12 County Representative
The First District Supervisor or his/her designee shall represent the County in all matters pertaining to the services to be rendered under this Contract, including termination and assignment of this Contract, and shall be the final authority in all matters pertaining to the Services/S cope of Work by Contractor.

Except as provided under Section D of this Contract, if this Contract was initially approved by the San Bernardino County Board of Supervisors, then the Board of Supervisors must approve all amendments to this Contract.

C.13 Damage to County Property
Contractor shall repair, or cause to be repaired, at its own cost, all damages to County vehicles, facilities, buildings or grounds caused by the willful or negligent acts of Contractor or its employees or agents.

Such repairs shall be made immediately af ter Contractor becomes aware of such damage, but in no event later than thirty (30) days after the occurrence.

If the Contractor fails to make timely repairs, the County may make any necessary repairs. The Contractor, as determined by the County, shall repay all costs incurred by the County for such repairs, by cash payment upon demand, or County may deduct such co sts from any amounts due to the Contractor from the County, as determined at the County’s sole discretion.

C.14 Debarment and Suspension
Contractor certifies that neither it nor its principals or subcontractors is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (S ee the following United States General Services Administration’s System for Award Management website https://www.sam.gov ). Contractor further certifies that if it or any of its subcontractors are business entities that must be registered with the California Secretary of State, they are registered and in good standing with the Secretary of State.

C.15 Drug and Alcohol Free Workplace
In recognition of individual ri ghts to work in a safe, healthful and productive work place, as a material condition of this Contract, the Contractor agrees that the Contractor and the Contractor’s employees,

while performing service for the County, on County property, or while using County equipment:

C.15.1 Shall not be in any way impaired because of being under the influence of alcohol or an illegal or controlled substance.

C.15.2 Shall not possess an open container of alcohol or consume alcohol or possess or be under the influence of an illegal or controlled substance.

C.15.3 Shall not sell, offer, or provide alcohol or an illegal or controlled substance to another person, except where Contractor or Contractor’s employee who, as part of the performance of normal job duties and responsibilities, prescribes or administers medically prescribed drugs.

The Contractor shall inform all employees that are performing service for the County on County property, or using County equipment, of the County’s objective of a safe, healthful and productive work place and the prohibition of drug or alcohol use or impai rment from same while performing such service for the County.

The County may terminate for default or breach of this Contract and any other Contract the Contractor has with the County, if the Contractor or Contractor’s employees are determined by the County not to be in compliance with above.

C.16 Duration of Terms
This Contract, and all of its terms and conditions, shall be binding upon and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the respective parties, provided no such assignment is in violation of the provisions of this Contract.

C.17 Employment Discrimination
During the term of the Contract, Contractor shall not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, sexual orientation, age, or military and veteran status. Contractor shall comply with Executive Orders 11246, 11375, 11625, 12138, 12432, 12250, 13672, Title VI and Title VII of the Civil Rights Act of 1964, the California Fair Employment and Housing Act and other applicable Federal, State and County laws and regulations and policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted.

C.18 Environmental Requirements
In accordance with County Policy 11- 08, the County prefers to acquire and use products with higher levels of post -consumer recycled content. Environmentally preferable goods and materials must perform satisfactorily and be available at a reasonable price. The County requires Contractor to use recycled paper for any printed or photocopied material created as a result of this Contract. Contractor is also required to use both sides of paper sheets for reports submitted to the County whenever practicable.

To assist the county in meeting the reporting requirements of the California Integrated Waste Management Act of 1989 (AB 939), Contractor must be able to annually report the County’s environmentally preferable purchases. Contractor must also be able to report on environmentally preferable goods and materials used in the provision of their service to the County, utilizing a County approved form.

C.19 Improper Influence
Contractor shall make all reasonable efforts to ensure that no County officer or employee, whose position in the County enables him/her to influence any award of the Contract or any competing offer, shall have any direct or indirect financial interest resulting from the award of the Contract or shall have any relationship to the Contractor or officer or employee of the Contractor.

C.20 Improper Consideration
Contractor shall not offer (either directly or through an intermediary) any improper consideration such

as, but not limited to cash, discounts, service, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the County in an attempt to secure favorable treatment regarding this Contract.

The County, by written notice, may immediately terminate this Contract if it determines that any improper consideration as described in the preceding paragraph was offered to any officer, employee or agent of the County with respect to the proposal and award process. This prohibition shall apply to any amendment, extension or evaluation process once a contract has been awarded.

Contractor shall immediately report any attempt by a County officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from Contractor. The report shall be made to the supervisor or manager charged with super vision of the employee or the County Administrative Office. In the event of a termination under this provision, the County is entitled to pursue any available legal remedies.

C.21 Informal Dispute Resolution
In the event the County determines that service is unsatisfactory, or in the event of any other dispute, claim, question or disagreement arising from or relating to this Contract or breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties.

C.22 Legality and Severability
The parties’ actions under the Contract shall comply with all applicable laws, rules, regulations, court orders and governmental agency orders. The provisions of this Contract are specifically made severable. If a provision of the Contract is terminated or held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full effect.

C.23 Licenses, Permits and/or Certifications
Contractor shall ensure that it has all necessary licenses, permits and/or certifications required by the laws of Federal, State, County, and municipal laws, ordinances, rules and regulations. The Contractor shall maintain these licenses, permits and/or c ertifications in effect for the duration of this Contract.

Contractor will notify County immediately of loss or suspension of any such licenses, permits and/or certifications. Failure to maintain a required license, permit and/or certification may result in immediate termination of this Contract.

C.24 Material Misstatement/Misrepresentation
If during the course of the administration of this Contract, the County determines that Contractor has made a material misstatement or misrepresentation or that materially inaccurate information has been provided to the County, this Contract may be immediately terminated. If this Contract is terminated according to this provision, the County is entitled to pursue any available legal remedies.

C.25 Mutual Covenants
The parties to this Contract mutually covenant to perform all of their obligations hereunder, to exercise all discretion and rights granted hereunder, and to give all consents in a reasonable manner consistent with the standards of “good faith” and “fair dealing”.

C.26 Nondisclosure
Contractor shall hold as confidential and use reasonable care to prevent unauthorized access by, storage, disclosure, publication, dissemination to and/or use by third parties of, confidential information that is either:
(1) provided by the County to Contractor or an agent of Contractor or otherwise made available to Contractor or Contractor’s agent in connection with this Contract; or, (2) acquired, obtained, or learned by Contractor or an agent of Contractor in the performance of this Contract. For purposes of this provision, confidential information means any data, files, software, information or materials in oral, electronic, tangible or intangible form and however stored, compiled or memorialize and includes, but is not limited to , technology infrastructure, architecture, financial data, trade secrets, equipment specifications, user lists, passwords, research data, and technology data.

C.27 Notice of Delays
Except as otherwise provided herein, when either party has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this Contract, that party shall, within twenty-four (24) hours, give notice thereof, including all relevant information with respect thereto, to the other party.

C.28 Ownership of Documents
All documents, data, products, graphics, computer programs and reports prepared by Contractor pursuant to the Contract shall be considered property of the County upon payment for services (and products, if applicable). All such items shall be delivered to County at the completion of work under the Contract, subject to the requirements of Section IV–Term of the Contract. Unless otherwise directed by County, Contractor may retain copies of such items.

C.29 RESERVED.

C.30 Air, Water Pollution Control, Safety and Health
Contractor shall comply with all air pollution control, water pollution, safety and health ordinances and statutes, which apply to the work performed pursuant to this Contract.

C.31 Records
Contractor shall maintain all records and books pertaining to the delivery of services under this Contract and demonstrate accountability for Contract performance. All records shall be complete and current and comply with all Contract requirements. Failure to maintain acceptable records shall be considered grounds for withholding of payments for invoices submitted and/or termination of the Contract.

All records relating to the Contractor’s personnel, consultants, subcontractors, Services/Scope of Work and expenses pertaining to this Contract shall be kept in a generally acceptable accounting format.

Records should include primary source documents. Fiscal records shall be kept in accordance with Generally Accepted Accounting Principles and must account for all funds, tangible assets, revenue and expenditures. Fiscal records must comply with the appropriate Office of Management and Budget (OMB) Circulars, which state the administrative requirements, cost principles and other standards for accountancy.

C.32 Relationship of the Parties
Nothing contained in this Contract shall be construed as creating a joint venture, partnership, or employment arrangement between the Parties hereto, nor shall either Party have the right, power or authority to create an obligation or duty, expressed or implied, on behalf of the other Party hereto.

C.33 Release of Information
No news releases, advertisements, public announcements or photographs arising out of the Contract or Contractor’s relationship with County may be made or used without prior written approval of the County.

C.34 Representation of the County
In the performance of this Contract, Contractor, its agents and employees, shall act in an independent capacity and not as officers, employees, or agents of the San Bernardino County.

C.35 Strict Performance
Failure by a party to insist upon the strict performance of any of the provisions of this Contract by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party’s right to insist and demand strict compliance by the other party with the terms of this Contract thereafter.

C.36 Subcontracting
Contractor shall obtain County’s written consent, which County may withhold in its sole discretion, before entering into Contracts with or otherwise engaging any subcontractors who may supply any part of the Services to County. At County’s request, Contractor shall provide information regarding the

subcontractor’s qualifications and a listing of a subcontractor’s key personnel including, if requested by the County, resumes of proposed subcontractor personnel. Contractor shall remain directly responsible to County for its subcontractors and shall indemnify County for the actions or omissions of its subcontractors under the terms and conditions specified in Section G. All approved subcontractors shall be subject to the provisions of this Contract applicable to Contractor Personnel.

For any subcontractor, Contractor shall:

C.36.1 Be responsible for subcontractor compliance with the Contract and the subcontract terms and conditions; and
C.36.2 Ensure that the subcontractor follows County’s reporting formats and procedures as specified by County.

C.36.3 Include in the subcontractor’s subcontract substantially similar terms as are provided in Sections B. Contractor Responsibilities and C. General Contract Requirements.

Upon expiration or termination of this Contract for any reason, County will have the right to enter into direct Contracts with any of the Subcontractors. Contractor agrees that its arrangements with Subcontractors will not prohibit or restrict such Subcontractors from entering into direct Contracts with County.

C.37 Subpoena
In the event that a subpoena or other legal process commenced by a third party in any way concerning the Goods or Services provided under this Contract is served upon Contractor or County, such party agrees to notify the other party in the most expeditious fashion possible following receipt of such subpoena or other legal process. Contractor and County further agree to cooperate with the other party in any lawful effort by such other party to contest the legal validity of such subpoena or other legal process commenced by a third party as may be reasonably required and at the expense of the party to whom the legal process is directed, except as otherwise provided herein in connection with defense obligations by Contractor for County.

C.38 Termination for Convenience
The County and the Contractor each reserve the right to terminate the Contract, for any reason, with a thirty (30) day written notice of termination. Such termination may include all or part of the services described herein. Upon such termination, payment will be made to the Contractor for services rendered and expenses reasonably incurred prior to the effective date of termination. Upon receipt of termination notice Contractor shall promptly discontinue services unless the notice directs otherwise. Contractor shall deliver promptly to County and transfer title (if necessary) all completed work, and work in progress, including drafts, documents, plans, forms, data, products, graphics, computer programs and reports.

County may immediately terminate this Contract upon the termination, suspension, discontinuation or substantial reduction in County funding for the Contract activity or if for any reason the timely completion of the scope of work described in Section A or B under this Contract is rendered improbable, infeasible or impossible.

Upon Contract termination, Contractor shall immediately transfer to County all County Funds on hand at the time of expiration and any accounts receivable attributable to the use of County Funds.

C.39 Time of the Essence
Time is of the essence in performance of this Contract and of each of its provisions.

C.40 Venue
The parties acknowledge and agree that this Contract was entered into and intended to be performed in San Bernardino County, California. The parties agree that the venue of any action or claim brought by any party to this Contract will be the Superior Court of California, San Bernardino County, San Bernardino District. Each party hereby waives any law or rule of the court, which would allow them to request or demand a change of venue. If any action or claim concerning this Contract is brought by any third party and filed in another venue, the parties hereto agree to use their best efforts to obtain a change of venue to the Superior Court of California, San Bernardino County, San Bernardino District.

C.41 Conflict of Interest
Contractor shall make all reasonable efforts to ensure that no conflict of interest exists between its officers, employees, or subcontractors and the County. Contractor shall make a reasonable effort to prevent employees, Contractor, or members of governing bodies from using their positions for purposes that are, or give the appearance of being motivated by a desire for private gain for themselves or others such as those with whom they have family business, or other ties. Officers, employees, and agents of cities, counties, districts, and other local agencies are subject to applicable conflict of interest codes and state law. In the event the County determines a conflict of interest situation exists, any increase in costs, associated with the conflict of interest situation, may be disallowed by the County and such conflict may constitute grounds for termination of the Contract. This provision shall not be construed to prohibit employment of persons with whom Contractor’s officers, employees, or agents have family, business, or other ties so long as the employment of such persons does not result in increased costs over those associated with the employment of any other equally qualified applicant.

C.42 Former County Administrative Officials
Contractor agrees to provide, or has already provided information on former San Bernardino County administrative officials (as defined below) who are employed by or represent Contractor. The information provided includes a list of former County administrative officials who terminated County employment within the last five years and who are now officers, principals, partners, associates or members of the business. The information also includes the employment with or representation of Contractor. For purposes of this provision, “County administrative official” is defined as a member of the Board of Supervisors or such officer’s staff, County Executive Officer or member of such officer’s staff, County department or group head, assistant department or group h ead, or any employee in the Exempt Group, Management Unit or Safety Management Unit.

C.43 Disclosure of Criminal and Civil Procedures
The County reserves the right to request the information described herein from the Contractor. Failure to provide the information may result in a termination of the Contract. The County also reserves the right to obtain the requested information by way of a background check performed by an investigative firm. The Contractor also may be requested to provide information to clarify initial responses. Negative information discovered may result in Contract termination.

Contractor is required to disclose whether the firm, or any of its partners, principals, members, associates or key employees (as that term is defined herein), within the last ten years, has been indicted on or had charges brought against it or them (if still pending) or convicted of any crime or offense arising directly or indirectly from the conduct of the firm’s business, or whether the firm, or any of its partners, principals, members, associates or key employees, has within the last ten years, been indicted on or had charges brought against it or them (if still pending) or convicted of any crime or offense involving financial misconduct or fraud. If the response is affirmative, the Contractor will be asked to describe any such indictments or charges (and the status thereof), convictions and the surrounding circumstances in detail.

In addition, the Contractor is required to disclose whether the firm, or any of its partners, principals, members, associates or key employees, within the last ten years, has been the subject of legal proceedings as defined herein arising directly from the provision of services by the firm or those individuals. “Legal proceedings” means any civil actions filed in a court of competent jurisdiction, or any matters filed by an administrative or regulatory body with jurisdiction over the firm or the individual s. If the response is affirmative, the Contractor will be asked to describe any such legal proceedings (and the status and disposition thereof) and the surrounding circumstances in detail.

For purposes of this provision “key employees” includes any individuals providing direct service to the County. “Key employees” do not include clerical personnel providing service at the firm’s offices or locations.

C.44 Copyright
County shall have a royalty -free, non -exclusive and irrevocable license to publish, disclose, copy, translate, and otherwise use, copyright or patent, now and hereafter, all reports, studies, information,

data, statistics, forms, designs, plans, procedures, systems, and any other materials or properties developed under this Contract including those covered by copyright, and reserves the right to authorize others to use or reproduce such material. All such materials developed under the terms of this Contract shall acknowledge the San Bernardino County as the funding agency and Contractor as the creator of the publication. No such materials, or properties produced in whole or in part under this Contract shall be subject to private use, copyright or patent right by Contractor in the United States or in any other country without the express written consent of County. Copies of all educational and training materials, curricula, audio/visual aids, printer material, and periodicals, assembled pursuant to this Contract must be filed with the County prior to publication.

C.45 Artwork, Proofs and Negatives
All artwork, proofs, and/or negatives in either print or digital format for anything produced under the terms of this Contract are the property of the County. These items must be returned to the County within ten (10) days, upon written notification to the Contractor. In the event of a failure to return the documents, the County is entitled to pursue any available legal remedies. In addition, the Contractor will be barred from all future solicitations, for a period of at least six (6) months.

C.46 Iran Contracting Act
IRAN CONTRACTING ACT OF 2010, Public Contract Code sections 2200 et seq. (Applicable for all Contracts of one million dollars ($1,000,000) or more). In accordance with Public Contract Code section 2204(a), the Contractor certifies that at the time the Contract is signed, the Contractor signing the Contract is not identified on a list created pursuant to subdivision (b) of Public Contract Code section 2203 as a person (as defined in Public Contract Code section 2202(e)) engaging in investment activities in Iran described in subdivision (a) of Public Contract Code section 2202.5, or as a person described in subdivision (b) of Public Contract Code section 2202.5, as applicable.

Contractors are cautioned that making a false certification may subject the Contractor to civil penalties, termination of existing contract, and ineligibility to bid on a contract for a period of three (3) years in accordance with Public Contract Code section 2205.

C.47 Prevailing Wage Laws
By its execution of this Contract, Contractor certifies that it is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq. as well as California Code of Regulations, Title 8, Section 16000 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. Section 1720 of the California Labor Code states in part: “For purposes of this paragraph, ‘construction’ includes work performed during the design, site assessment, feasibility study, and other preconstruction phases of construction including, but not limited to, inspection and land surveying work…” If the Services/Scope of Work are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prev ailing Wage Laws. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the project site. Contractor will also adhere to any other applicable requirements, including but not limited to, those regarding the employment of apprentices, travel and subsistence pay, retention and inspection of payroll records, workers compensation and forfeiture of penalties prescribed in the Labor Code for violations. Contractor shall defend, indemnify and hold the County, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any fai lure or alleged failure to comply with Prevailing Wage Laws . See Attachment A, which is attached and incorporated by reference, for additional information regarding Prevailing Wage Laws. Contractor shall comply with all applicable terms and conditions in Attachment A. The applicable general prevailing wage determinations are on file with the County and are available to any interested party on request. Contractor shall post a copy of the applicable prevailing wage determinations at the job site.

C.48 California Consumer Privacy Act
To the extent applicable, if Contractor is a business that collects the personal information of a

consumer(s) in performing Services pursuant to this Contract, Contractor must comply with the provisions of the California Consumer Privacy Act (CCPA). (Cal. Civil Code §§1798.100, et seq.). For purposes of this provision, “business,” “consumer,” and “personal information” shall have the same meanings as set forth at Civil Code section 1798.140. Contractor must contact the County immediately upon receipt of any request by a consumer submitted pursuant to the CCPA that requires any action on the part of the County, including but not limited to, providing a list of disclosures or deleting personal information. Contractor must not sell, market or otherwise disclose personal information of a consumer provided by the County unless specifically authorized pursuant to terms of this Contract. Contractor must immediately provide to the County any notice provided by a consumer to Contractor pursuant to Civil Code section 1798.150(b) alleging a violation of the CCPA, that involves personal information received or mai ntained pursuant to this Contract. Contractor must immediately notify the County if it receives a notice of violation from the California Attorney General pursuant to Civil Code section 1798.155(b).

D. TERM OF CONTRACT
The services to be provided by Contractor shall commence on July 9, 2024, and shall be completed by December 31, 2026, but may be terminated earlier in accordance with provisions of this Contract.

The County Chief Executive Officer, at the direction of the First District Supervisor, may extend the term of the Contract, in writing, to allow Contractor to complete all requirements in the Contract under the following conditions:
a. In aggregate all extensions do not exceed twelve (12) calendar months; b. Are specifically requested by Contractor;
c. Will not change the project goals or scope of services; d. Are in the best interests of County and Contractor in performing the scope of services under this Contract; and
e. Do not alter the amount of compensation under this Contract.

E. RESERVED.

F. FISCAL PROVISIONS
F.1 The maximum amount of payment under this Contract shall not exceed $3,700,000 and shall be subject to availability of other funds to the County. The consideration to be paid to Contractor, as provided herein, shall be in full payment for all Contractor’s services and expenses incurred in the performance hereof, including travel and per diem.

F.2 Any costs in excess of the amount available in this section shall be the sole responsibility of Contractor.

This condition however, does not preclude County from providing additional funding at its sole discretion.

For the purpose of this Contract, Count y shall disburse compensation and monitor the Contractor’s performance in satisfying the scope of work obligations under the terms of this Contract.

Disbursement of funds to Contractor shall be made in one lump sum. Upon review/approval by County, County shall make payment to Contractor within thirty (30) working days after receipt of Contractor’s invoice or the resolution of any billing dispute. Contractor shall email County the Contractor’s invoice requesting one lump sum payment. The invoice(s) shall reflect the Entity Payable To Name and Address, Invoice Date, Invoice Number, Project Name, Contract Number, County-Issued Purchase Order (if applicable), the text “Final Invoice”, amount due, in a format acceptable to the County for services performed under this Contract. Contractor shall email invoice to County Administrative Office- Finance and Administration (County Finance) and shall include in the Subject Line: BOS – ENTITY NAME – PROJECT NAME – CONTRACT NUMBER – PO # [PURCHASE ORDER NUMBER]” (i.e. BOS -SAN BERNARDINO COUNTY-EDUCATION PROGRAM — 21-NNN – PO 4100NNNNNN).

Contractor shall submit a final expenditure report documented with “audit ready” supportive evidence of each expenditure and proof of payment until all funds have been justified 60 days after project completion. Documentation shall be submitted electronically, and Contractor shall supply hard copies upon request by County. Supportive evidence shall include, but is not limited to, copy of County’s approval email to Contractor, quotes, copy(ies) of purchase order, packing slips, a copy of the invoice submitted by

Contractor requesting one lump sum payment from County, invoices paid by the Contractor for this project, proof of payment, etc., to County Finance. Email to County Finance shall include in the Subject Line: BOS – ENTITY NAME – PROJECT NAME – CONTRACT NUMBER – PO # [PURCHASE ORDER NUMBER]”- SUPPORTIVE DOCUMENTS.

F.3 Contractor shall accept all payments from County via electronic funds transfer (EFT) directly deposited into the Contractor’s designated checking or other bank account. Contractor shall promptly comply with directions and accurately complete forms provided by County required to process EFT payments.

F.4 County is exempt from Federal excise taxes and no payment shall be made for any personal property taxes levied on Contractor or on any taxes levied on employee wages. The County shall only pay for any State or local sales or use taxes on the services rendered or equipment and/or parts supplied to the County pursuant to the Contract.

F.5 Costs for services under the terms of this Contract shall be incurred during the contract period except as approved by County. Contractor shall not use current year funds to pay prior or future year obligations.

F.6 Funds made available under this Contract shall not supplant any federal, state or any governmental funds intended for services of the same nature as this Contract. Contractor shall not claim reimbursement or payment from County for, or apply sums received from County with respect to that portion of its obligations that have been paid by another source of revenue. Contractor agrees that it will not use funds received pursuant to this Contract, either directly or indirectly, as a contribution or compensation for purposes of obtaining funds from another revenue source without prior written approval of the County.

F.7 Contractor shall adhere to the County’s Travel Management Policy (8-02 and 08-02SP1) when travel is pursuant to this Contract and for which reimbursement is sought from the County. In addition, Contractor is encouraged to utilize local transportation services, including but not limited to, the Ontario International Airport.

F.8 Contractor understands and agrees that any and all legal fees or costs associated with lawsuits concerning this Contract against the County shall be the Contractor’s sole expense and shall not be charged as a cost under this Contract.

F.9 If the Contractor does not use the County funds provided under this Contract to pay appropriate costs associated with the Scope of Services by the termination date of this Contract, the Contractor shall return the County funds, or any unused portion thereof, to the County in accordance with any directions issued by County staff, within 60 days of written demand for the return of the County funds.

G. INDEMNIFICATION AND INSURANCE REQUIREMENTS
G.1 Indemnification
The Contractor agrees to indemnify, defend (with counsel reasonably approved by County) and hold harmless the County and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages and/or liability arising out of this Contract from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the County on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnities. The Contractor indemnification obligation applies to the County’s “active” as well as “passive” negligence but does not apply to the County’s “sole negligence” or “willful misconduct” within the meaning of Civil Code section 2782.

G.2 Additional Insured
All policies, except for Worker’s Compensation, Errors and Omissions and Professional Liability policies shall contain additional endorsements naming the County and its officers, employees, agents and volunteers as additional named insured with respect to liabilities arising out of the performance of services hereunder. The additional insured endorsements shall not limit the scope of coverage for the

County to vicarious liability but shall allow coverage for the County to the full extent provided by the policy. Such additional insured coverage shall be at least as broad as Additional Insured (Form B) endorsement form ISO, CG 2010.11 85.

G.3 Waiver of Subrogation Rights
The Contractor shall require the carriers of required coverages to waive all rights of subrogation against the County, its officers, employees, agents, volunteers, contractors and subcontractors. All general or auto liability insurance coverage provided shall not prohibit the Contractor and Contractor’s employees or agents from waiving the right of subrogation prior to a loss or claim. The Contractor hereby waives all rights of subrogation against the County.

G.4 Policies Primary and Non-Contributory
All policies required herein are to be primary and non-contributory with any insurance or self-insurance programs carried or administered by the County.

G.5 Severability of Interests
The Contractor agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and there will be no cross liability exclusions that preclude coverage for suits between the Contractor and the County or between the County and any other insured or additional insured under the policy.

G.6 Proof of Coverage
The Contractor shall furnish Certificates of Insurance to the County Department administering the Contract evidencing the insurance coverage at the time the Contract is executed, additional endorsements, as required shall be provided prior to the commencem ent of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the Department, and Contractor shall maintain such insurance from the time Contractor commences performance of services hereunder until the completion of such services.

Within fifteen (15) days of the commencement of this contract, the Contractor shall furnish a copy of the Declaration page for all applicable policies and will provide complete certified copies of the policies and endorsements immediately upon request.

G.7 Acceptability of Insurance Carrier
Unless otherwise approved by Risk Management, insurance shall be written by insurers authorized to do business in the State of California and with a minimum “Best” Insurance Guide rating of “A- VII”.

G.8 Deductibles and Self-Insured Retention
Any and all deductibles or self-insured retentions in excess of $10,000 shall be declared to and approved by Risk Management.

G.9 Failure to Procure Coverage
In the event that any policy of insurance required under this contract does not comply with the requirements, is not procured, or is canceled and not replaced, the County has the right but not the obligation or duty to cancel the contract or obtain insurance if it deems necessary and any premiums paid by the County will be promptly reimbursed by the Contractor or County payments to the Contractor will be reduced to pay for County purchased insurance.

G.10 Insurance Review
Insurance requirements are subject to periodic review by the County. The Director of Risk Management or designee is authorized, but not required, to reduce, waive or suspend any insurance requirements whenever Risk Management determines that any of the required insurance is not available, is unreasonably priced, or is not needed to protect the interests of the County. In addition, if the Department of Risk Management determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Director of Risk Management or designee is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the County, inflation, or any other item reasonably

related to the County’s risk.

Any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this contract. Contractor agrees to execute any such amendment within thirty (30) days of receipt.

Any failure, actual or alleged, on the part of the County to monitor or enforce compliance with any of the insurance and indemnification requirements will not be deemed as a waiver of any rights on the part of the County.

G.11 The Contractor agrees to provide insurance set forth in accordance with the requirements herein. If the Contractor uses existing coverage to comply with these requirements and that coverage does not meet the specified requirements, the Contractor agrees t o amend, supplement or endorse the existing coverage to do so.

Without in anyway affecting the indemnity herein provided and in addition thereto, the Contractor shall secure and maintain throughout the contract term the following types of insurance with limits as shown:

G.11.1 Workers’ Compensation/Employer’s Liability – A program of Workers’ Compensation insurance or a state -approved, self-insurance program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer’s Liability with $250,000 limits covering all persons including volunteers providing services on behalf of the Contractor and all risks to such persons under this contract.

If Contractor has no employees, it may certify or warrant to the County that it does not currently have any employees or individuals who are defined as “employees” under the Labor Code and the requirement for Workers’ Compensation coverage will be waived by the County’s Director of Risk Management.

With respect to Contractors that are non- profit corporations organized under California or Federal law, volunteers for such entities are required to be covered by Workers’ Compensation insurance.

G.11.2 Commercial/General Liability Insurance – The Contractor shall carry General Liability Insurance covering all operations performed by or on behalf of the Contractor providing coverage for bodily injury and property damage with a combined single limit of not less than one million dollars ($1,000,000), per occurrence. The policy coverage shall include:
a. Premises operations and mobile equipment.
b. Products and completed operations.
c. Broad form property damage (including completed operations). d. Explosion, collapse and underground hazards.
e. Personal injury.
f. Contractual liability.
g. $2,000,000 general aggregate limit.

G.11.3 Automobile Liability Insurance – Primary insurance coverage shall be written on ISO Business Auto coverage form for all owned, hired and non- owned automobiles or symbol 1 (any auto). The policy shall have a combined single limit of not less than one million dollars ($1,000,000) for bodily injury and property damage, per occurrence.

If the Contractor is transporting one or more non -employee passengers in performance of contract services, the automobile liability policy shall have a combined single limit of two million dollars ($2,000,000) for bodily injury and property damage per occurrence.

If the Contractor owns no autos, a non- owned auto endorsement to the General Liability policy described above is acceptable.

G.11.4 Umbrella Liability Insurance – An umbrella (over primary) or excess policy may be used to comply with limits or other primary coverage requirements. When used, the umbrella policy shall apply to bodily injury/property damage, personal injury/advertising injury and shall include a “d ropdown” provision providing primary coverage for any liability not covered by the primary policy. The coverage shall also apply to automobile liability.

H. RIGHT TO MONITOR AND AUDIT
H.1 The County, State and Federal government shall have absolute right to review and audit all records, books, papers, documents, corporate minutes, and other pertinent items as requested, and shall have absolute right to monitor the performance of Contractor in the delivery of services provided under this Contract. Contractor shall give full cooperation, in any auditing or monitoring conducted. Contractor shall cooperate with the County in the implementation, monitoring, and evaluation of this Contract and comply with any and all reporting requirements established by the County.

H.2 All records pertaining to services delivered and all fiscal, statistical and management books and records shall be available for examination and audit by County representatives for a period of three years after final payment under this Contract or until al l pending County, State and Federal audits are completed, whichever is later.

I. CORRECTION OF PERFORMANCE DEFICIENCIES
I.1 Failure by Contractor to comply with any of the provisions, covenants, requirements or conditions of this Contract shall be a material breach of this Contract.

I.2 In the event of a non -cured breach, County may, at its sole discretion and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract:
a. Afford Contractor thereafter a time period within which to cure the breach, which period shall be established at the sole discretion of County; and/or
b. Discontinue reimbursement to Contractor for and during the period in which Contractor is in breach, which reimbursement shall not be entitled to later recovery; and/or c. Withhold funds pending duration of the breach; and/or d. Offset against any monies billed by Contractor but yet unpaid by County those monies disallowed pursuant to Item “b” of this paragraph; and/or
e. Terminate this Contract immediately and be relieved of the payment of any consideration to Contractor. In the event of such termination, the County may proceed with the work in any manner deemed proper by the County. The cost to the County shall be deduc ted from any sum due to the Contractor under this Contract and the balance, if any, shall be paid by the Contractor upon demand.

J. NOTICES
All written notices provided for in this Contract or which either party desires to give to the other shall be deemed fully given, when made in writing and either served personally, or by facsimile, or deposited in the United States mail, postage prepaid, and addressed to the other party as follows:

San Bernardino County
CAO – Finance and Administration
385 N. Arrowhead Ave., Fourth Floor
San Bernardino, CA 92415
Attn: BOS Finance Analyst
City of Victorville
14343 Civic Drive
PO BOX 5001
Victorville, CA 92392
Attn: Keith C. Metzler, City Manager

Notice shall be deemed communicated two (2) County working days from the time of mailing if mailed as provided in this paragraph.

K. ENTIRE AGREEMENT
This Contract, including all Exhibits and other attachments, which are attached hereto and incorporated by reference, and other documents incorporated herein, represents the final, complete and exclusive agreement between the parties hereto. Any prior agr eement, promises, negotiations or representations relating to the subject matter of this Contract not expressly set forth herein are of no force or effect. This Contract is executed without reliance upon any promise, warranty or representation by any party or any representative of any party

other than those expressly contained herein. Each party has carefully read this Contract and signs the same of its own free will.

L. CONTRACT EXECUTION
This Contract may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same Contract. The parties shall be entitled to sign and transmit an elec tronic signature of this Contract (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver t o the other party an original signed Contract upon request.

IN WITNESS WHEREOF, the San Bernardino County and the Contractor have each caused this Contract to be subscribed by its respective duly authorized officers, on its behalf.

FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department

Julie Surber, Principal Assistant County
Counsel

Date Date Date

SAN BERNARDINO COUNTY CITY OF VICTORVILLE
(Print or type name of corporation, company, contractor, etc.)

Dawn Rowe, Chair, Board of Supervisors (Authorized signature - sign in blue ink) Dated
:

Name
Keith C. Metzler

SIGNED AND CERTIFIED THAT A COPY OF
THIS
(Print or type name of person signing contract)

DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Titl
e
City Manager
Lynna Monell
Clerk of the Board of Supervisors
of the San Bernardino County
(Print or Type)
B
y
Dated
:

Deputy
Address
14343 Civic Drive
Victorville, CA 92392

ATTACHMENT A

PREVAILING WAGE REQUIREMENTS
A. All or a portion of the Scope of Work in the Contract requires the payment of prevailing wages and compliance with the following requirements:

1. Determination of Prevailing Rates:

Pursuant to Labor Code sections 1770, et seq., the County has obtained from the Director of the Department of Industrial Relations (DIR) pursuant to the California Labor Code, the general prevailing rates of per diem wages and the prevailing rates for holi day and overtime work in the locality in which the Scope of Work is to be performed. Copies of said rates are on file with the County, will be made available for inspection during regular business hours, may be included elsewhere in the specifications for the Scope of Work, and are also available online at www.dir.ca.gov. The wage rate for any classification not listed, but which may be required to execute the Scope of Work, shall be commensurate and in accord with specified rates for similar or comparable classifications for those performing similar or comparable duties. In accordance with Labor Code section 1773.2, the Contractor shall post, at appropriate and conspicuous locations on the job site, a schedule showing all applicable prevailing wage rates and shall comply with the requirements of Labor Code sections 1773, et seq.

2. Payment of Prevailing Rates
Each worker of the Contractor, or any subcontractor, engaged in the Scope of Work, shall be paid not less than the general prevailing wage rate, regardless of any contractual relationship which may be alleged to exist between the Contractor or any subcontractor, and such worker.

3. Prevailing Rate Penalty
The Contractor shall, as a penalty, forfeit two hundred dollars ($200.00) to the County for each calendar day or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of the DIR for such work or craft in which such worker is employed by the Contractor or by any subcontractor in connection with the Scope of Work. Pursuant to California Labor Code section 1775, the difference between such prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Contractor.

4. Ineligible Contractors:

Pursuant to the provisions of Labor Code section 1777.1, the Labor Commissioner publishes and distributes a list of contractors ineligible to perform work as a contractor or subcontractor on a public works project.

This list of debarred contractors is available from the DIR website at http://www.dir.ca.gov/Public- Works/PublicWorks.html. Any contract entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract, and any public money that may have been paid to a debarred subcontractor by a contractor on the project shall be returned to the County. The Contractor shall be responsible for the payment of wages to workers as a debarred subcontractor who has been allowed to work on the Scope of Work.

5. Payroll Records:
a. Pursuant to California Labor Code section 1776, the Contractor and each subcontractor, shall keep accurate certified payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by them in connection with the Scope of Work. The payroll records enumerated herein shall be verified by a written declaration made under penalty of perjury that the information contained in the payroll record is true and correct and that the Contractor or subcontractor has complied with the requirements of the California Labor Code sections 1771, 1811, and 1815 for any Scope of Work performed by his or her employees. The payroll records shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis:
i. A certified copy of an employee's payroll record shall be made available for inspection or furnished to such employee or his/her authorized representative on request; ii. A certified copy of all payroll records shall be made available for inspection or furnished upon request to the County, the Division of Labor Standards Enforcement of the DIR;

iii. A certified copy of payroll records shall be made available upon request to the public for inspection or copies thereof made; provided, however, that a request by the public shall be made through either the County or the Division of Labor Standards Enforcement. If the requested payroll records have not been previously provided to the County or the Division of Labor Standards Enforcement, the requesting party shall, prior to being provided the records, reimburse the cost of preparation by the Contractor, subcontractor and the entity through which the request was made; the public shall not be given access to such records at the principal office of the Contractor;
iv. The Contractor shall file a certified copy of the payroll records with the entity that requested such records within ten (10) days after receipt of a written request; and v. Copies provided to the public, by the County or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address and social security number. The name and address of the C ontractor or any subcontractor, performing a part of the Scope of Work shall not be marked or obliterated. The Contractor shall inform the County of the location of payroll records, including the street address, city and county and shall, within five (5) working days, provide a notice of a change of location and address.
b. The Contractor shall have ten (10) days from receipt of the written notice specifying in what respects the Contractor must comply with the above requirements. In the event Contractor does not comply with the requirements of this section within the ten (10) day period, the Contractor shall, as a penalty to the County, forfeit one-hundred dollars ($100.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, such penalty shall be withheld from any portion of the payments then due or to become due to the Contractor.

6. Limits on Hours of Work:

Pursuant to California Labor Code section 1810, eight (8) hours of labor shall constitute a legal day's work.

Pursuant to California Labor Code section 1811, the time of service of any worker employed at any time by the Contractor or by a subcontractor, upon the Scope of Work or upon any part of the Scope of Work, is limited and restricted to eight (8) hours during any one calendar day and forty (40) hours during any one calendar week, except as provided for under Labor Code section 1815. Notwithstanding the foregoing provisions, work performed by employees of Contractor or any subcontractor, in excess of eight (8) hours per day and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one -half (1½) times the basic rate of pay.

7. Penalty for Excess Hours:

The Contractor shall pay to the County a penalty of twenty-five dollars ($25.00) for each worker employed on the Scope of Work by the Contractor or any subcontractor, for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any calendar day and forty (40) hours in any one calendar week, in violation of the provisions of the California Labor Code, unless compensation to the worker so employed by the Contractor is not less than one and one-half (1½) times the basic rate of pay for all hours worked in excess of eight (8) hours per day.

8. Senate Bill 854 (Chapter 28, Statutes of 2014) and Senate Bill 96 (Chapter 28, Statutes of 2017) Requirements:
a. Contractor shall comply with Senate Bill 854 and Senate Bill 96. The requirements include, but are not limited to, the following:
i. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the DIR pursuant to Labor Code section 1725.5, with limited exceptions from this requirements for bid purposes only as allowed under Labor Code section 1771.1(a). ii. No contractor or subcontractor may be awarded a contract for public work or perform work on a public works project unless registered with the DIR pursuant to Labor Code section 1725.5. iii. This project is subject to compliance monitoring and enforcement by the DIR. iv. As required by the DIR, Contractor is required to post job site notices, as prescribed by regulation, regarding compliance monitoring and enforcement by the DIR.

v. Contractors and all subcontractors must submit certified payroll records online to the Labor Commissioner for all public works projects.
1) The certified payroll must be submitted at least monthly to the Labor Commissioner. 2) The County reserves the right to require Contractor and all subcontractors to submit certified payroll records more frequently than monthly to the Labor Commissioner. 3) The certified payroll records must be in a format prescribed by the Labor Commissioner. vi. Registration with the DIR and the submission of certified payroll records to the Labor Commissioner are not required if the public works project is $25,000 or less when the project is for construction, alteration, demolition, installation or repair work, or if the public works project is $15,000 or less when the project is for maintenance work.

b. Labor Code section 1725.5 states the following:
“A contractor shall be registered pursuant to this section to be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any public work contract that is subj ect to the requirements of this chapter. For the purposes of this section, “contractor” includes a subcontractor as defined by Section 1722.1. (a) To qualify for registration under this section, a contractor shall do all of the following:
(1) (A) Register with the Department of Industrial Relations in the manner prescribed by the department and pay an initial nonrefundable application fee of four hundred dollars ($400) to qualify for registration under this section and an annual renewal fee on or before July 1 of each year thereafter. The annual renewal fee shall be in a uniform amount set by the Director of Industrial Relations, and the initial registration and renewal fees may be adjusted no more than annually by the director to support the costs specified in Section 1771.3.
(B) Beginning June 1, 2019, a contractor may register or renew according to this subdivision in annual increments up to three years from the date of registration. Contractors who wish to do so will be required to prepay the applicable nonrefundable application or renewal fees to qualify for the number of years for which they wish to preregister.
(2) Provide evidence, disclosures, or releases as are necessary to establish all of the following:
(A) Workers' compensation coverage that meets the requirements of Division 4 (commencing with Section 3200) and includes sufficient coverage for any worker whom the contractor employs to perform work that is subject to prevailing wage requirements other than a contractor who is separately registered under this section. Coverage may be evidenced by a current and valid certificate of workers' compensation insurance or certification of self-insurance required under Section 7125 of the Business and Professions Code.
(B) If applicable, the contractor is licensed in accordance with Chapter 9 (commencing with Section 7000) of the Business and Professions Code.
(C) The contractor does not have any delinquent liability to an employee or the state for any assessment of back wages or related damages, interest, fines, or penalties pursuant to any final judgment, order, or determination by a court or any federal, state, o r local administrative agency, including a confirmed arbitration award. However, for purposes of this paragraph, the contractor shall not be disqualified for any judgment, order, or determination that is under appeal, provided that the contractor has secured the payment of any amount eventually found due through a bond or other appropriate means. (D) The contractor is not currently debarred under Section 1777.1 or under any other federal or state law providing for the debarment of contractors from public works. (E) The contractor has not bid on a public works contract, been listed in a bid proposal, or engaged in the performance of a contract for public works without being lawfully registered in accordance with this section, within the preceding 12 months or sinc e the effective date of the requirements set forth in subdivision (e), whichever is earlier. If a contractor is found to be in violation of the requirements of this paragraph, the period of disqualification shall be waived if both of the following are true:
(i) The contractor has not previously been found to be in violation of the requirements of this paragraph within the preceding 12 months.
(ii) The contractor pays an additional nonrefundable penalty registration fee of two thousand dollars

($2,000).
(b) Fees received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section. (c) A contractor who fails to pay the renewal fee required under paragraph (1) of subdivision (a) on or before the expiration of any prior period of registration shall be prohibited from bidding on or engaging in the performance of any contract for public work until once again registered pursuant to this section. If the failure to pay the renewal fee was inadvertent, the contractor may renew its registration retroactively by paying an additional nonrefundable penalty renewal fee equal to the amount of the renewal fee within 90 days of the due date of the renewal fee.
(d) If, after a body awarding a contract accepts the contractor's bid or awards the contract, the work covered by the bid or contract is determined to be a public work to which Section 1771 applies, either as the result of a determination by the director pursuant to Section 1773.5 or a court decision, the requirements of this section shall not apply, subject to the following requirements:
(1) The body that awarded the contract failed, in the bid specification or in the contract documents, to identify as a public work that portion of the work that the determination or decision subsequently classifies as a public work.
(2) Within 20 days following service of notice on the awarding body of a determination by the Director of Industrial Relations pursuant to Section 1773.5 or a decision by a court that the contract was for public work as defined in this chapter, the contractor and any subcontractors are registered under this section or are replaced by a contractor or subcontractors who are registered under this section. (3) The requirements of this section shall apply prospectively only to any subsequent bid, bid proposal, contract, or work performed after the awarding body is served with notice of the determination or decision referred to in paragraph (2).
(e) The requirements of this section shall apply to any bid proposal submitted on or after March 1, 2015, to any contract for public work, as defined in this chapter, executed on or after April 1, 2015, and to any work performed under a contract for public work on or after January 1, 2018, regardless of when the contract for public work was executed.
(f) This section does not apply to work performed on a public works project of twenty -five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.”

c. Labor Code section 1771.1 states the following:
“(a) A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. (b) Notice of the requirement described in subdivision (a) shall be included in all bid invitations and public works contracts, and a bid shall not be accepted nor any contract or subcontract entered into without proof of the contractor or subcontractor's current registration to perform public work pursuant to Section 1725.5.
(c) An inadvertent error in listing a subcontractor who is not registered pursuant to Section 1725.5 in a bid proposal shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive, provided that any of the following apply:
(1) The subcontractor is registered prior to the bid opening. (2) Within 24 hours after the bid opening, the subcontractor is registered and has paid the penalty registration fee specified in subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5. (3) The subcontractor is replaced by another registered subcontractor pursuant to Section 4107 of the Public Contract Code.
(d) Failure by a subcontractor to be registered to perform public work as required by subdivision (a) shall be grounds under Section 4107 of the Public Contract Code for the contractor, with the consent of the

awarding authority, to substitute a subcontractor who is registered to perform public work pursuant to Section 1725.5 in place of the unregistered subcontractor. (e) The department shall maintain on its Internet Web site a list of contractors who are currently registered to perform public work pursuant to Section 1725.5. (f) A contract entered into with any contractor or subcontractor in violation of subdivision (a) shall be subject to cancellation, provided that a contract for public work shall not be unlawful, void, or voidable solely due to the failure of the awarding body, contractor, or any subcontractor to comply with the requirements of Section 1725.5 or this section.
(g) If the Labor Commissioner or his or her designee determines that a contractor or subcontractor engaged in the performance of any public work contract without having been registered in accordance with this section, the contractor or subcontractor shall forfeit, as a civil penalty to the state, one hundred dollars ($100) for each day of work performed in violation of the registration requirement, not to exceed an aggregate penalty of eight thousand dollars ($8,000) in addition to any penalty registration fee assessed pursuant to clause (ii) of subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5.
(h)(1) In addition to, or in lieu of, any other penalty or sanction authorized pursuant to this chapter, a higher tiered public works contractor or subcontractor who is found to have entered into a subcontract with an unregistered lower tier subcontractor to perform any public work in violation of the requirements of Section 1725.5 or this section shall be subject to forfeiture, as a civil penalty to the state, of one hundred dollars ($100) for each day the unregistered lower tier subcontractor performs work in violation of the registration requirement, not to exceed an aggregate penalty of ten thousand dollars ($10,000). (2) The Labor Commissioner shall use the same standards specified in subparagraph (A) of paragraph (2) of subdivision (a) of Section 1775 when determining the severity of the violation and what penalty to assess, and may waive the penalty for a first time violation that was unintentional and did not hinder the Labor Commissioner’s ability to monitor and enforce compliance with the requirements of this chapter. (3) A higher tiered public works contractor or subcontractor shall not be liable for penalties assessed pursuant to paragraph (1) if the lower tier subcontractor’s performance is in violation of the requirements of Section 1725.5 due to the revocation of a previously approved registration. (4) A subcontractor shall not be liable for any penalties assessed against a higher tiered public works contractor or subcontractor pursuant to paragraph (1). A higher tiered public works contractor or subcontractor may not require a lower tiered subcontr actor to indemnity or otherwise be liable for any penalties pursuant to paragraph (1).
(i) The Labor Commissioner or his or her designee shall issue a civil wage and penalty assessment, in accordance with the provisions of Section 1741, upon determination of penalties pursuant to subdivision (g) and subparagraph (B) of paragraph (1) of subdi vision (h). Review of a civil wage and penalty assessment issued under this subdivision may be requested in accordance with the provisions of Section 1742. The regulations of the Director of Industrial Relations, which govern proceedings for review of civil wage and penalty assessments and the withholding of contract payments under Article 1 (commencing with Section 1720) and Article 2 (commencing with Section 1770), shall apply. (j)(1) Where a contractor or subcontractor engages in the performance of any public work contract without having been registered in violation of the requirements of Section 1725.5 or this section, the Labor Commissioner shall issue and serve a stop order prohibiting the use of the unregistered contractor or the unregistered subcontractor on all public works until the unregistered contractor or unregistered subcontractor is registered. The stop order shall not apply to work by registered contractors or subcontractors on the public work.
(2) A stop order may be personally served upon the contractor or subcontractor by either of the following methods:
(A) Manual delivery of the order to the contractor or subcontractor personally. (B) Leaving signed copies of the order with the person who is apparently in charge at the site of the public work and by thereafter mailing copies of the order by first class mail, postage prepaid to the contractor or subcontractor at one of the following:
(i) The address of the contractor or subcontractor on file with either the Secretary of State or the Contractors’ State License Board.
(ii) If the contractor or subcontractor has no address on file with the Secretary of State or the Contractors’ State License Board, the address of the site of the public work. (3) The stop order shall be effective immediately upon service and shall be subject to appeal by the party contracting with the unregistered contractor or subcontractor, by the unregistered contractor or

subcontractor, or both. The appeal, hearing, and any further review of the hearing decision shall be governed by the procedures, time limits, and other requirements specified in subdivision (a) of Section 238.1.
(4) Any employee of an unregistered contractor or subcontractor who is affected by a work stoppage ordered by the commissioner pursuant to this subdivision shall be paid at his or her regular hourly prevailing wage rate by that employer for any hours the employee would have worked but for the work stoppage, not to exceed 10 days.
(k) Failure of a contractor or subcontractor, owner, director, officer, or managing agent of the contractor or subcontractor to observe a stop order issued and served upon him or her pursuant to subdivision (j) is guilty of a misdemeanor punishable by imprisonment in county jail not exceeding 60 days or by a fine not exceeding ten thousand dollars ($10,000), or both.
(l) This section shall apply to any bid proposal submitted on or after March 1, 2015, and any contract for public work entered into on or after April 1, 2015. This section shall also apply to the performance of any public work, as defined in this chapter, on or after January 1, 2018, regardless of when the contract for public work was entered.
(m) Penalties received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section. (n) This section shall not apply to work performed on a public works project of twenty -five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.”

d. Labor Code section 1771.4 states the following:
“a) All of the following are applicable to all public works projects that are otherwise subject to the requirements of this chapter:
(1) The call for bids and contract documents shall specify that the project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. (2) The awarding body shall post or require the prime contractor to post job site notices, as prescribed by regulation.
(3) Each contractor and subcontractor shall furnish the records specified in Section 1776 directly to the Labor Commissioner, in the following manner:
(A) At least monthly or more frequently if specified in the contract with the awarding body. (B) In a format prescribed by the Labor Commissioner.
(4) If the contractor or subcontractor is not registered pursuant to Section 1725.5 and is performing work on a project for which registration is not required because of subdivision (f) of Section 1725.5, the unregistered contractor or subcontractor is not required to furnish the records specified in Section 1776 directly to the Labor Commissioner but shall retain the records specified in Section 1776 for at least three years after completion of the work.
(5) The department shall undertake those activities it deems necessary to monitor and enforce compliance with prevailing wage requirements.
(b) The Labor Commissioner may exempt a public works project from compliance with all or part of the requirements of subdivision (a) if either of the following occurs:
(1) The awarding body has enforced an approved labor compliance program, as defined in Section 1771.5, on all public works projects under its authority, except those deemed exempt pursuant to subdivision (a) of Section 1771.5, continuously since December 31, 2011. (2) The awarding body has entered into a collective bargaining agreement that binds all contractors performing work on the project and that includes a mechanism for resolving disputes about the payment of wages.
(c) The requirements of paragraph (1) of subdivision (a) shall only apply to contracts for public works projects awarded on or after January 1, 2015.
(d) The requirements of paragraph (3) of subdivision (a) shall apply to all contracts for public work, whether new or ongoing, on or after January 1, 2016.”

B. STATE PUBLIC WORKS APPRENTICESHIP REQUIREMENTS

1. State Public Works Apprenticeship Requirements:
a. The Contractor is responsible for compliance with Labor Code section 1777.5 and the California Code of Regulations, title 8, sections 230 – 230.2 for all apprenticeable occupations (denoted with “#” symbol next to craft name in DIR Prevailing Wage Determination), whether employed by the Contractor, subcontractor, vendor or consultant. Included in these requirements is (1) the Contractor’s requirement to provide notification (i.e. DAS-140) to the appropriate apprenticeship committees; (2) pay training fund contributions for each apprenticeable hour employed on the Contract; and (3) utilize apprentices in a minimum ratio of not less than one apprentice hour for each five journeyman hours by completion of Contract work (unless an exception is granted in accordance with Labor Code section 1777.5) or request for the dispatch of apprentices.
b. Any apprentices employed to perform any of the Scope of Work shall be paid the standard wage to apprentices under the regulations of the craft or trade for which such apprentice is employed, and such individual shall be employed only for the work of the craft or trade to which such individual is registered.

Only apprentices, as defined in California Labor Code section 3077, who are in training under apprenticeship standards and written apprenticeship agreements under California Labor Code sections 3070 et seq. are eligible to be employed for the Scope of Work. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and apprentice agreements under which such apprentice is training.

2. Compliance with California Labor Code section 1777.5 requires all public works contractors to:
a. Submit Contract Award Information (DAS-140):
i. Although there are a few exemptions (identified below), all Contractors, regardless of union affiliation, must submit contract award information when performing on a California public works project.
ii. The DAS-140 is a notification “announcement” of the Contractor’s participation on a public works project—it is not a request for the dispatch of an apprentice. iii. Contractors shall submit the contract award information (you may use form DAS 140) within 10 days of the execution of the prime contract or subcontract, but in no event later than the first day in which the Contractor has workers employed on the public work. iv. Contractors who are already approved to train apprentices (i.e. check “Box 1” on the DAS-140) shall only be required to submit the form to their approved program. v. Contractors who are NOT approved to train apprentices (i.e. those that check either “Box 2” or “Box 3” on the DAS -140) shall submit the DAS -140 TO EACH of the apprenticeship program sponsors in the area of your public works project. For a listing of apprenticeship programs see http://www.dir.ca.gov/Databases/das/pwaddrstart.asp.
b. Employ Registered Apprentices
i. Labor Code section 1777.5 requires that a contractor performing work in an “apprenticeable” craft must employ one (1) hour of apprentice work for every five (5) hours performed by a journeyman. This ratio shall be met prior to the Contractor’s completion of work on the project. “Apprenticeable” crafts are denoted with a pound symbol “#” in front of the craft name on the prevailing wage determination.
ii. All Contractors who do not fall within an exemption category (see below) must request for dispatch of an apprentice from an apprenticeship program (for each apprenticeable craft or trade) by giving the program actual notice of at least 72 hours (business days only) before the date on which apprentices are required.
iii. Contractors may use the “DAS-142” form for making a request for the dispatch of an apprentice. iv. Contractors who are participating in an approved apprenticeship training program and who did not receive sufficient number of apprentices from their initial request must request dispatch of apprentices from ALL OTHER apprenticeship committees in the project area in order to fulfill this requirement.

v. Contractor should maintain and submit proof (when requested) of its DAS -142 submittal to the apprenticeship committees (e.g. fax transmittal confirmation). A Contractor has met its requirement to employ apprentices only after it has successfully made a di spatch request to all apprenticeship programs in the project area.
vi. Only “registered” apprentices may be paid the prevailing apprentice rates and must, at all times work under the supervision of a Journeyman (Cal. Code Regs., tit 8, § 230.1). c. Make Training Fund Contributions
i. Contractors performing in apprenticeable crafts on public works projects, must make training fund contributions in the amount established in the prevailing wage rate publication for journeymen and apprentices.
ii. Contractors may use the “CAC-2” form for submittal of their training fund contributions. iii. Contractors who do not submit their training fund contributions to an approved apprenticeship training program must submit their contributions to the California Apprenticeship Council (CAC), PO Box 420603, San Francisco, CA 94142-0603.
iv. Training fund contributions to the CAC are due and payable on the 15th day of the month for work performed during the preceding month.
v. The “training” contribution amount identified on the prevailing wage determination shall not be paid to the worker, unless the worker falls within one of the exemption categories listed below.

3. Exemptions to Apprenticeship Requirements:
a. The following are exempt from having to comply with California apprenticeship requirements. These types of contractors do not need to submit a DAS -140, DAS-142, make training fund contributions, or utilize apprentices:
i. When the Contractor holds a sole proprietor license (“Owner -Operator”) and no workers were employed by the Contractor. In other words, the contractor performed the entire work from start to finish and worked alone.
ii. Contractors performing in non-apprenticeable crafts. “Apprenticeable” crafts are denoted with a pound symbol “#” in front of the craft name on the prevailing wage determination. iii. When the Contractor has a direct contract with the Public Agency that is under $30,000. iv. When the project is 100% federally-funded and the funding of the project does not contain any city, county, and/or state monies (unless the project is administered by a state agency in which case the apprenticeship requirements apply).
v. When the project is a private project not covered by the definition of public works as found in Labor Code section 1720.

4. Exemption from Apprenticeship Rations:
a. The Joint Apprenticeship Committee shall have the discretion to grant a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting the Contractor from the 1-to- 5 ratio set forth in this Section when it finds that any one of the following conditions are met:
i. Unemployment for the previous three-month period in such area exceeds an average of fifteen percent (15%); or
ii. The number of apprentices in training in such area exceeds a ratio of 1- to-5 in relation to journeymen; or
iii. The Apprenticeable Craft or Trade is replacing at least one- thirtieth (1/30) of its journeymen annually through apprenticeship training, either on a statewide basis or on a local basis; or iv. If assignment of an apprentice to any work performed under the Contract Documents would create a condition which would jeopardize such apprentice's life or the life, safety or property of fellow employees or the public at large, or if the specific task to which the apprentice is to be assigned is of such a nature that training cannot be provided by a journeyman. b. When such exemptions from the 1 -to-5 ratio between apprentices and journeymen are granted to an organization which represents contractors in a specific trade on a local or statewide basis, the member contractors will not be required to submit individual applications for approval to local Joint Apprenticeship Committees, provided they are already covered by the local apprenticeship standards.

5. Contractor’s Compliance:

a. The responsibility of compliance with this Section for all Apprenticeable Trades or Crafts is solely and exclusively that of the Contractor. All decisions of the Joint Apprenticeship Committee(s) under this Section are subject to the provisions of California Labor Code section 3081 and penalties are pursuant to Labor Code section 1777.7 and the determination of the Labor Commissioner.

Attachment B
Resolution No. 24-057

RESOLUTION NO. 24-057

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR 2024-2025; APPROVING AN INCREASE

IN REVENUE AND EXPENDITURES

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 2024-2025; and

WHEREAS, copies of said budget were prepared and distributed to the City Council, were approved by the City Council on June 4, 2024, 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 Three Million Seven Hundred Thousand Dollars ($3,700,000), relative to the new Police Station and Civic Plaza; and

WHEREAS, on April 12, 2024, the County of San Bernardino, on behalf of San Bernardino County Supervisor Paul Cook’s office informed staff of potential allocations through the Board of Supervisors Discretionary Funding for the new Police Station and Civic Plaza; and

WHEREAS, the City Council wishes to amend the annual budget as set forth in this Resolution No. 24-057 to provide for an increase in revenues and expenditures associated with the new Police Station and Civic Plaza; and

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 2024-2025 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, Account Amount Adjusted
1052001-47400-97080
(Revenue) $3,700,000
1052001-55060-97080
(Expenditure) $3,700,000

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

SECTION 3. This Resolution shall take effect immediately upon its adoption.

Item Number: 25
City Council / Board of Directors
Written Communications
Meeting of: June 18, 2024
Submitted By:

Fredy Bonilla, City Engineer

Subject:

Annual Confirmation of Maintenance Assessment Districts for Fiscal Year 2024/2025 Recommendation:

That the Honorable City Council:
(1) Approve Resolution Nos. 24-058, 24-061, 24-064, and 24-067 authorizing the initiation of proceedings for the annual levy of assessments for the Maintenance Assessment Districts, Drainage Facilities Assessments Districts, Landscaping Maintenance Assessment Districts, and the City-Wide Streetlight Assessment District for Fiscal Year 2024/2025;
(2) Approve Resolution Nos. 24-059, 24-062, 24-065, and 24-068 preliminarily approving the consolidated Engineer’s Reports filed in support of the levy of assessments for Fiscal Year 2024/2025; and
(3) Approve Resolutions Nos. 24-060, 24-063, 24-066, and 24-069 declaring its intention to levy the maintenance assessment districts for Fiscal Year 2024/2025 and setting a Public Hearing date of July 16, 2024.

Fiscal Impact:

The recommended approvals will not result in a fiscal impact. Additional appropriations are not required. The planned expenses have been included in the Fiscal Year 2024/2025 approved budget. The table shown below shows the budget account codes and revenue amounts budgeted for each assessment district:

District Budget Account No. Revenue Budget Amt.

LMAD 1 3705501-40180 $175,959
LMAD 2 3705502-40180 $278,458
LMAD 3 3705503-40180 $175,462
LMAD 4 3705504-40180 $2,955
LMAD 5 3705505-40180 $158,845
LMAD 6 3705506-40180 $877,784
3 6
6 7
LMAD 7 3705507-40180 $28,846
LMAD 8 3705508-40180 $111,261
DFAD 1 3705530-40180 $395,288
DFAD 2 3705531-40180 $76,808
DFAD 3 3705532-40180 $86,905
MAD 1 3705550-40180 $89,268
MAD 2 3705551-40180 $64,498
SLAD 2004501-40180 $1,445,000
MAD 3 was established in 2020 and is currently undeveloped. As such, it was not budgeted in the Fiscal Year 2024/2025 proposed budget. The projected revenue amounts above are based on the actual amounts that have been collected in the previous years.

Strategic Plan Goal:

This item aligns with Goal A “Financial Sustainability” and Goal E “Invest in Infrastructure” in the City of Victorville Strategic Plan 2023-2026. Annual assessment revenue supports the expenses for operations, maintenance, and improvement of associated landscaping, parks, and infrastructure.

Background:

In 1987, the City Council established the first Landscape Maintenance Assessment District (LMAD) to fund the perpetual maintenance of the landscaped areas along major and secondary arterial roadways adjacent to housing developments. In 2003, the City Council established the first Drainage Facilities Assessment District (DFAD) to fund the perpetual maintenance of drainage basins and channels in housing developments. In 2006, the City Council established the first Maintenance Assessment District (MAD) to fund the perpetual maintenance of parks within housing developments. In July of 2013, the City-Wide Street Lighting Assessment District (SLAD) was established to provide a supplemental funding source for the perpetual maintenance of the City’s street lighting, safety lighting, and traffic signal lighting systems and facilities. All of these Assessment Districts were formed under the Landscape and Lighting Act of 1972, Section 22605 of the Streets and Highways Code, Section 22500 et seq. as per the requirements set forth in Proposition 218. Per Section 22624, the Council is first asked to initiate proceedings and order the Engineer’s Reports, preliminarily approve the Engineer’s Reports, and declare intent to levy and set the Public Hearing date. This procedure allows the public to review the Engineer’s Reports and staff to make any needed changes or corrections. The final Engineer’s Reports are presented at a subsequent Public Hearing meeting.

Discussion:

Currently, the City has a total of 15 assessment districts: eight LMADs, three DFADs, three MADs, and one City-Wide SLAD. The Landscape and Lighting Act of 1972 requires an annual confirmation of the assessments to be applied for each parcel within the assessment districts, along with an Engineer’s Report. The Engineer’s Report for each assessment district describes the following: improvements that are maintained; services provided for maintenance and operations; estimated annual expenses; properties 3 6
6 7
assessed in the district; the method of apportionment of the assessment; the calculated assessment per benefit unit; and estimated assessment revenues.

The chart below lists each assessment district, the assessment amount per benefit unit, year the assessment district was formed, whether a cost inflator is allowed and, if so, the recommended increase for Fiscal Year 2024/2025.

Type No. Assessment
per Benefit
Unit
Year
Formed
Cost
Inflator
Allowed?
Increase
LMAD 1 $28.14 1987 No 0%
LMAD 2 $147.33 1989 No 0%
LMAD 3 $69.38 1990 No 0%
LMAD 4 $1.64 1997 No 0%
LMAD 5 $141.84 2002 Yes 0%
LMAD 6 $144.70 2003 Yes 0%
LMAD 7 $105.45 2005 Yes 0%
LMAD 8 $165.32 2005 Yes 0%
DFAD 1 $216.46 2003 Yes 0%
DFAD 2 $69.63 2003 Yes 0%
DFAD 3 $128.86 2006 Yes 0%
MAD 1 $173.00 2006 Yes 0%
MAD 2 $252.58 2006 Yes 0%
MAD 3 TBD 2020 Yes 0%
SLAD City-Wide $22.38 2013 Yes 15%
A cost escalation of the assessment rate is allowed for cost increases of electric power, administrative costs, and inflation on cost of living. This fiscal year, a 15% increase of the assessment rate for SLAD and no increases are recommended for LMADs 5-8, DFADs 1-3 and MADs 1-3 as those districts have adequate cash balances in their corresponding funds. The Engineer’s Reports include more details regarding the number of parcels and how the rates are applied. These reports can be revised, if needed, to be consistent with the final FY 2024/2025 budget revenues and expenses. The final reports will be presented during the scheduled Public Hearing. If the attached resolutions are approved, the Public Hearing will be held on July 16, 2024.

Therefore, staff recommends that the City Council:
(1) Approve Resolution Nos. 24-058, 24-061, 24-064, and 24-067 authorizing the initiation of proceedings for the annual levy of assessments for the Drainage Facilities Assessments Districts, Landscaping Maintenance Assessment Districts, Maintenance Assessment Districts, and the City-Wide Streetlight Assessment District for Fiscal Year 2024/2025.
(2) Approve Resolution Nos. 24-059, 24-062, 24-065, and 24-068 preliminarily approving the consolidated Engineer’s Reports filed in support of the levy of assessments for Fiscal Year 2024/2025; and
3 6
6 7
(3) Approve Resolutions Nos. 24-060, 24-063, 24-066, and 24-069 declaring its intention to levy the maintenance assessment districts for Fiscal Year 2024/2025 and setting a Public Hearing date of July 16, 2024.

Staff remains available for any questions the Council may have.

Attachments: A. Maintenance Assessment Districts Maps
B. Engineer’s Reports
C. Resolution No. 24-058
D. Resolution No. 24-059
E. Resolution No. 24-060
F. Resolution No. 24-061
G. Resolution No. 24-062
H. Resolution No. 24-063
I. Resolution No. 24-064
J. Resolution No. 24-065
K. Resolution No. 24-066
L. Resolution No. 24-067
M. Resolution No. 24-068
N. Resolution No. 24-069

CITY MAINTENANCE ASSESSMENT DISTRICTS
City Maintenance Assessment Districts
Printed: June 12th, 2024
Information Technology - GIS Division
Disclaimer: This map is to used for visual reference only.

Sources are available upon request.µ
058 ft
3028 ftPearm
ain
St
Bellflow
er
St
Jonathan
St
Lupin Rd
Holly Rd Holly Rd
Versaille St
Frem
ontia
Rd
Lilac
Rd
Star St
M
esa
Linda
Ave
Poppy Rd
Pansy Rd
Spring St
Caliente
Rd Topaz
Rd
Mojave Dr
395
395
Delicious
St
Bellflow
er
St Seneca Rd
Victor St
Em
erald
Rd
Jonathan
St
Begonia Rd
VincentDr
O
nyx
Rd
Pearm
ain
St Pearmain St
Cornell St
Lilac
Rd
La Paz St
Zenda St
Hook Blvd
18 18
395
2967 ft
Diam
ond
Rd
Papago
Pl
Hopland St
CobaltRd
CobaltRd
Am
ethystRd
Estate Way
Pansy Rd Petalum
a
Rd
Agate
Rd
Cordova
Dr
Mojave Dr
Reno
Loop
Rd
E
Am
ethystRd
Am
ethystRd
Seneca Rd
Reno
Loop
Rd
W
Hook Blvd
Diam
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Rd
Pacoim
a
Rd
Brucite
Rd
Brucite
Rd
Begonia Rd Begonia Rd
Aster Rd
Camellia Rd
Hook Bl
LMAD #3
LMAD #6
LMAD #3
LMAD #6
MAD #1
LMAD #8
DFAD #3
DFAD #1
City of Victorville, California State Parks, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, US Census Bureau, USDA, USFWS, Esri, NASA,

NGA, USGS, FEMA
0 0.5 10.25
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Maintenance Area Number
DFAD #1
DFAD #2
DFAD #3
LMAD #1
LMAD #2
LMAD #3
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LMAD #5
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LMAD #7
LMAD #8
MAD #1
MAD #2
Victorville City Boundary
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CITY MAINTENANCE ASSESSMENT DISTRICTS
City Maintenance Assessment Districts
Printed: June 12th, 2024
Information Technology - GIS Division
Disclaimer: This map is to used for visual reference only.

Sources are available upon request.µ
ElEvado
Rd
Papago
Pl
Hopland St
Enramada Rd
Vasquez Ave
Cahuenga
Rd
Jeraldo
Dr
Llanada
Ave
Condalia
Ave
Zuni Ln
Estate Way
Ferndale
Rd
Joshua St
Dum
osa
Dr
Petalum
a
Rd
Labp
and
LRdCordova
Dr
Mojave Dr
Reno
Loop
Rd
E
Seneca Rd
Reno
Loop
Rd
W
Arlette
Dr
DelGado
RdPacoim
a
Rd
Cahuenga
Rd
Borego
Rd
Begonia Rd
El Evado Rd
Hook Blvd
Am
argosa
Rd
Village
Dr
Fresno
St
Verde St
DelRey
Dr
Pamela Ln
Barranca
W
ay
Calgo Ln
Llanada
Ave
La
Verida
Dr
Topango
Rd
Burw
ood
Rd
JaypostRd
Placida
Rd
M
eseta
Rd
Loves Ln
Calandria
W
ay
Mojave Dr
6thSt
Frontage Rd
ESt
HesperiaRd
7th
St
18 18
15 Victor Valley
High School
Downtown
Victorville
Lorene Dr
Seneca Rd Seneca Rd
Vic tor St
Civic
Dr
La
PazDr
LovesLn
Pebble Beach Dr
Atstar Dr
Hughes Rd
Midtown Dr
MesaDr
Zenda St
Brentw
ood
Dr
M
ontecito
Dr
Midway St
Cres t viewDr
Cabrillo Dr
City View Dr
M
cArtRd
Roy Rogers Dr
Hesperia
Rd
7thSt
18 Victorville
Stoddard
W
ells
Rd
D St
LMAD #3
LMAD #3
LMAD #1
LMAD #1
LMAD #6
LMAD #1
MAD #2LMAD #6
LMAD #4
MAD #1
DFAD #1
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DFAD #1
DFAD #2
DFAD #3
LMAD #1
LMAD #2
LMAD #3
LMAD #4
LMAD #5
LMAD #6
LMAD #7
LMAD #8
MAD #1
MAD #2
Victorville City Boundary
Parcels
City of Victorville, California State Parks, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, US Census Bureau, USDA, USFWS, Esri, NASA,

NGA, USGS, FEMA
Northeast Quadrant
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CITY MAINTENANCE ASSESSMENT DISTRICTS
City Maintenance Assessment Districts
Printed: June 12th, 2024
Information Technology - GIS Division
Disclaimer: This map is to used for visual reference only.

Sources are available upon request.µ
3504 ft
Joshua
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Victorville City Boundary
Parcels
City of Victorville, California State Parks, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, USDA, USFWS, Esri, NASA, NGA, Southwest Quadrant
Path: \\covchgisdb\COVGIS\GIS\Departments\PW\2019\Ro Ratliff - LMAD Project\Maintenance Area

CITY MAINTENANCE ASSESSMENT DISTRICTS
City Maintenance Assessment Districts
Printed: June 12th, 2024
Information Technology - GIS Division
Disclaimer: This map is to used for visual reference only.

Sources are available upon request.µ
4 ft
3025 ft
Anacapa Rd
DelGado
DelGado
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Coalinga Rd
uenga
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Gravilla Rd
aricopa Rd
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Cholame Rd El Evado Rd
Mountain View
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La Habra Rd
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Sequoia St
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15 The Mall of
Victor Valley
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Yates Rd
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Silica Rd
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Bornite
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Bear Valley Rd
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Hesperia
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ariposa
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Valley
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Eureka St RidgecrestRd
Green Tree Blvd
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Vista
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Silica Rd
IndustrialBlvd
Victor Valley
Town Center
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Victorville City Boundary
Parcels
City of Victorville, California State Parks, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, US Census Bureau, USDA, USFWS, Esri, NASA, NGA, Southeast Quadrant
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City of Victorville
Consolidated Report
Maintenance Assessment Districts
Nos. 1, 2, & 3
2024/2025 ENGINEER’S REPORT
Intent Meeting: June 18, 2024
Public Hearing: July 16, 2024
27368 Via Industria
Suite 200
Temecula, CA 92590
T 951.587.3500 | 800.755.6864
F 951.587.3510
www.willdan.com

ANNUAL PRELIMINARY ENGINEER'S REPORT AFFIDAVIT
Consolidated Report Maintenance Assessment Districts
Nos. 1, 2, & 3
City of Victorville
San Bernardino County, State of California
This Report describes Maintenance Assessment Districts Nos. 1, 2, and 3 therein including the improvements, budgets, parcels, and proposed assessments to be levied for fiscal year 2024/2025, as they existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the San Bernardino County Assessor’s maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the City Council.

Dated this ______ day of____________, 2024.

By: _____________________________
Fredy A, Bonilla, PE
City Engineer
R.C.E No. 70349
By: ________________________________
Michelle Laase
By: ____________________________
Tyrone Peter, PE # C81888
Willdan Financial Services
Assessment Engineer
Willdan Financial Services
Project Manager
I HEREBY CERTIFY the enclosed Engineer’s Report, together with Assessment Roll and Assessment Diagram thereto attached, was filed with me on the _____day of________, 2024.

By: ____________________________
City Clerk, City of Victorville
County of San Bernardino, California
I HEREBY CERTIFY the enclosed Engineer’s Report, together with Assessment Roll and Assessment Diagram thereto attached, was approved, and confirmed by the City Council of the City of Victorville, California, on the _____day of________, 2024.

By: ____________________________
City Clerk, City of Victorville
County of San Bernardino, California

TABLE OF CONTENTS

1. OVERVIEW 1
1 2
3 3
A.

INTRODUCTION

HISTORICAL BACKGROUND
II. PLANS AND SPECIFICATION
A.

IMPROVEMENTS AUTHORIZED BY THE 1972 ACT
DESCRIPTION OF IMPROVEMENTS TO BE MAINTAINED AND SERVICED3 MAINTENANCE ASSESSMENT DISTRICT BOUNDARIES 5
7III. METHOD OF APPORTIONMENT
A.

CODE SECTION 7

REASON FOR THE ASSESSMENT

LANDSCAPE GENERAL BENEFIT

LANDSCAPE SPECIAL BENEFIT

PARK GENERAL BENEFIT

PARK SPECIAL BENEFIT
7 7
8 9
9 G.

EQUIVALENT BENEFIT UNITS

ASSESSMENT RANGE FORMULA
10 11
13 13
15 16
19 IV. DISTRICT BUDGETS
A.

DESCRIPTION OF BUDGET ITEMS

MAD BUDGETS
V. DISTRICT BOUNDARY MAPS
VI. ASSESSMENT ROLLS

1. OVERVIEW
A. INTRODUCTION
The City of Victorville (City) Maintenance Assessment Districts (MADs) annually levy and collect special assessments in order to maintain landscape and park site improvements. These improvements are located within three (3) Maintenance Assessment Districts (“Districts” or individually referred to as the “District”) identified as Nos. 1, 2, and 3 established pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the “1972 Act”).

This Engineer’s Report (Report) describes the MADs therein, annexations, any changes to the Districts, and the proposed assessments for Fiscal Year 2024/2025. The proposed assessments presented in this Report are based on the historical and estimated costs to maintain the improvements that provide special benefits to properties within the Districts therein. The costs of improvements and the annual levy include the expenditures, deficits, surpluses, revenues, and reserves associated with those improvements. Each parcel is assessed proportionately for only those improvements provided and for which the parcel receives benefits.

This Report for the Districts has been prepared pursuant to Sections 22622, in accordance with Article 4 (commencing with Section 22565) of Chapter 1 of the 1972 Act. The Report and the proposed assessments contained herein have been prepared in accordance with said requirements and the provisions of the California Constitution Article XIII D.

This Report, certified by a licensed engineer, details the Districts, and includes plans and specifications of the improvements; a diagram, i.e. maps of the Districts showing the boundary of the Districts, the parcels or lots which benefit from the improvements, maintenance, and servicing, and an estimate of their respective costs. Once the Report is completed, it is presented to the Victorville City Council (City Council), acting as the legislative body for the Districts, for its review. The City Council may approve the Report as presented or may order amendments to the Report and approve the Report as modified.

After the Report is preliminarily approved, the City Council shall adopt the Resolution of Intention which declares its intent to levy and collect assessments within the Districts, which includes a description of the improvements, the maintenance and servicing of those improvements, refers to the assessment Districts by their distinctive designations, may refer to the Report for the details of the Districts, and sets the time and place for a public hearing on the levy of the proposed annual assessments.

At the public hearing, the City Council will consider any public testimony in favor of and/or opposing the assessments to fund the continued maintenance and servicing of the improvements. In conjunction with this hearing, any new or increased assessments over the approved maximum assessment rate will require confirmation of the assessments through a property owner protest ballot proceeding pursuant to the provisions of the California Constitution Article XIII D. For Fiscal Year 2024/2025, there is no proposed rate increase in excess or above the maximum rate and assessment range formula approved at the time of formation of each District.

1972 Act. In such case, the assessment information will be submitted to the County of San Bernardino Auditor-Controller and included on the property tax roll for each benefiting parcel for Fiscal Year 2024/2025.

For the purposes of this Report, the word “parcel” refers to an individual property assigned its own Assessor’s Parcel Number (APN) by the County of San Bernardino Assessor’s Office. The County of San Bernardino Auditor-Controller uses APNs and specific Fund Numbers to identify properties on the tax roll assessed for special district benefit assessments.

If any section, subsection, sentence, clause, phrase, portion, zone, or subzone of this Engineer’s Report is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this Engineer’s Report and each section, subsection, subdivision, sentence, clause, phrase, portion, zone, or subzone thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, portions, zones, or subzones might subsequently be declared invalid or unconstitutional.

B. HISTORICAL BACKGROUND
The residential subdivision plans for the tracts within each District were submitted to the City by developers and were approved with certain conditions. One such condition required a means to fund the perpetual maintenance of landscaping within the public right-of-ways, parks, and dedicated easement areas. To meet this condition, the developer, as sole-owner of the subdivision property, petitioned the City to form an assessment district. The Districts were then formed by City Council Resolutions in accordance with the Landscape and Lighting Act of 1972 (hereinafter called “Act”), which is Part 2, Division 15 of the California Streets and Highways Code, in order to provide a funding source for the administration, operations and maintenance, and servicing of the park and landscaping improvements within the Districts. Each parcel within the Districts is assessed at a rate equitable to the budget, not exceeding the maximum allowable rate for the District as identified in section III.H of this report. Future improvement parcels are assessed $1.00 annually for MAD No. 1 and 2, and $2.00 annually for MAD No. 3 until such a time the improvements are constructed.

MAD No. 1 (Las Haciendas)
In 2006, Maintenance Assessment District No. 1 was formed by Resolutions 06-007 and 06- 008. The District consists of six (6) tracts and 84,701 square feet of landscaping and park site area located within.

MAD No. 2 (Lane’s Crossing)
In 2006, Maintenance Assessment District No. 2, was formed by Resolutions 06-176 and 06- 177. The District consists of eleven (11) tracts and 24,354 square feet of landscaping and conceptual park site areas that are located within.

MAD No. 3 (West Creek)
In 2020, Maintenance Assessment District No. 3, was formed by Resolutions 20-017 and 20-058. This District consists of subdivisions and parcels of land in the City of Victorville West Creek Specific Plan area, which includes eleven (11) tracts, five (5) park site lots, consisting of four (4) parks, associated public rights-of-way and easements as identified on the approved tentative tract maps for the overall project.
2024/2025 Consolidated Report Maintenance Assessment Districts Page 2

II. PLANS AND SPECIFICATION
A. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT
As applicable or may be applicable to the Districts, the 1972 Act defines improvements to mean one or any combination of the following:

The installation or planting of landscaping.

The installation or construction of statuary, fountains, and other ornamental structures and facilities.
The installation or construction of any facilities which are appurtenant to any of the foregoing, or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities.

The maintenance or servicing, or both, of any of the foregoing.

The acquisition of land for park, recreational, or open-space purposes.

The acquisition of any existing improvement otherwise authorized pursuant to this section.

Incidental expenses associated with the improvements include, but are not limited to:
o The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment;
o
o
o
o
The costs of printing, advertising, and the publishing, posting and mailing of notices; Compensation payable to the County for collection of assessments; Compensation of any engineer or attorney employed to render services; Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements;
o
o
Any expenses incidental to the issuance of bonds or notes pursuant to Section 22662.5.

Costs associated with any elections held for the approval of a new or increased assessment.

The 1972 Act defines "maintain" or "maintenance" to mean furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including:

Repair, removal, or replacement of all or any part of any improvement.

Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury.

The removal of trimmings, rubbish, debris, and other solid waste.

The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.

B. DESCRIPTION OF IMPROVEMENTS TO BE MAINTAINED AND SERVICED The MADs and assessments provide for the continued maintenance, servicing, administration and operation of landscaped areas, parks and associated appurtenances for each of the three (3) Districts.
2024/2025 Consolidated Report Maintenance Assessment Districts Page 3

It has been determined that the assessed parcels within MAD Nos. 1, 2, and 3 receive special benefits from various landscape, park and lighting improvements that may include, but are not limited to the following:
Daily review and regular inspections of the park and landscape areas to include restrooms, playground equipment, and rubber matting;

Repair, removal, or replacement of any of the improvements; Grading, clearing, removing debris, constructing, installing, or paving parking lots, walkways, sidewalks, other hardscape, water, irrigation, drainage, or electrical facilities; Landscaping, cultivating, irrigating, fertilizing, weed and pest control, and trimming for manicured plants health, growth, and beauty;

Turf management such as mowing, aerating, edging, etc.; Removal of plant trimmings, debris, trash and other solid waste from park, parking lot and other landscaping areas;
Graffiti removal on walls and other improvements by power washing, cleaning, and painting;

Electricity for lighting and irrigation improvements;
Water for landscaping irrigation or maintenance of improvement; Cell service for irrigation clock controller;
Open and lock public facilities such as restrooms.

The following is a list of the existing or planned landscape and park improvements within each District that will be maintained by the respective District:

MAD No. 1 (Las Haciendas)
Las Haciendas Park, located at Papago Place and Chumash Place in Tract No. 16943, is fully developed on 1.37 acres. The park includes a play area, grass/turf area, basketball court, paths or walks, decorative landscape boulders, planters, shrubs, ground cover, trees, etc., benches, drinking fountain, trash & recycling receptacles, irrigation systems, controllers, and other equipment necessary for the maintenance of the park.

MAD No. 2 (Lane’s Crossing)
The District is planned to include two parks at build-out. The first is in Tract No. 14863-01 and the second in Tract No. 17584. The parks are not built. Improvements currently maintained include the landscaped areas listed below:

100 feet on Eucalyptus St. between Mesa Linda St. and Topaz Rd. 64 feet on Mesa Linda St. between Mesa St. and Eucalyptus St. 60 feet on Cataba Rd. between Mesa St. and Fallen Leaf Dr. 84 feet on Topaz Rd. between Mesa St. and Fallen Leaf Dr. 96 feet on Mesa St. between Highway 395 and Mesa Linda St. 80 feet on Lepanto St. between Highway 395 and Mesa Linda St. 2024/2025 Consolidated Report Maintenance Assessment Districts Page 4

MAD No. 3 (West Creek)
The District is not yet developed. The developer’s plans include four (4) parks at build-out.

Park A (pocket park) is planned for Tract No. 17111 on .21 acres.

Park B (with Park C to form a large park) is planned for Tract No. 17112 on .51 acres.

Park C (with Park B to form a large park) is planned for Tract No. 17115 on 1.08 acres.

Park D (pocket park) is planned for Tract No. 17310 on .76 acres.

Services provided include the necessary operations, administration, and maintenance required to keep the improvements in a healthy, vigorous, and satisfactory condition or is necessary or convenient for the maintenance of the improvements. The continued maintenance of these improvements shall be budgeted and reviewed each fiscal year and fully or partially funded through the annual assessments. The specific park improvements to be serviced and maintained are identified in various plans and documents associated with the individual subdivision projects, which are on file with the City and by reference are made part of this Report.

All assessable parcels identified as being within each District share in both the cost and the benefits of the improvements. The costs and expenses associated with the improvements in each District are equitably spread among all benefiting parcels within the District and only parcels that receive special benefit from the improvements are assessed in proportion to benefit received. The funds collected from the assessments are dispersed and used for the services and operation provided within the District. Properties receive the following special benefits from each Districts landscape and lighting improvements:
Enhanced desirability of properties through association with the improvements and the aesthetic value of green space within the area.

Improved aesthetic appeal of properties providing a positive representation of the area.

Enhanced adaptation of the urban environment within the natural environment from adequate green space and landscaping.

Environmental enhancement through improved erosion resistance, dust and debris control, and reduced noise and air pollution.

Increased sense of pride in ownership of property resulting from well-maintained improvements associated with the properties.

Reduced vandalism and criminal activity resulting from well-maintained surroundings and amenities.

The special enhancements of the properties that result from the above benefits.

C. MAINTENANCE ASSESSMENT DISTRICT BOUNDARIES
MAD No. 1 (Las Haciendas)
MAD No. 1 includes the residential subdivisions known as Las Haciendas. The boundary of the District follows the boundaries of each subdivision, or Tract Map No., included herein. All improvements are located within public property, public right-of-ways, and dedicated easements. The following table lists the residential subdivisions, or tracts, which make up the District boundaries:
2024/2025 Consolidated Report Maintenance Assessment Districts Page 5

TRACTS LOCATION (LAS
HACIENDAS)South of Hopland, west of El Evado, north of Tawney Ridge Ln and west of
Cordova Rd
16939 through 16944
MAD No. 2 (Lane’s Crossing)
MAD No. 2 includes the residential subdivisions known as Lane’s Crossing. The boundary of the District follows the boundaries of each subdivision, or Tract Map No., included herein. All improvements are located within public property, public right-of-ways, and dedicated easements. The following table lists the planned residential subdivisions, or tracts, which make up the District boundaries:

TRACTS LOCATION (LANE'S
CROSSING)14863
15219
North of Puesta del Sol Dr, west of Academy St, south of Desert Poppy Ln
North of Village Dr at Blue Canyon and Happy Valley Ln16652 North of Village Dr, west of Blue Canyon Rd17516
17582 through 17584
17585 through 17588
North of Verano St, west of Cataba St, at Truckee Pl, Canyon Cove St, and El Nida St
Northeast of the California Aqueduct, west of Mesa Linda St, south of Lepanto St
North of Smoke Tree Rd, south of Mesa St, west of Topaz Rd, east of Mesa Linda St
MAD No. 3 (West Creek)
MAD No. 3 includes the residential subdivisions known as Phase II and III of the West Creek Specific Plan Area. The boundary of the District follows the boundaries of each subdivision, or Tract Map No., included herein. All improvements are located within public property, public right-of-ways, and dedicated easements. The area is planned to include 4 parks at completion.

The following table lists the residential subdivisions, or tracts, which make up the District boundaries:

TRACTS LOCATION (WEST
CREEK)17111 through 17116
17309 through 17311
17986-1 & 2
North of Hook Blvd, south of Mojave Dr, and west of Brucite Rd
North of Tawney Ridge Ln, between Cobalt Rd and Falling Star St
North of Tract 17112, near Flaming Arrow Pl, and Nipomo Way
2024/2025 Consolidated Report Maintenance Assessment Districts Page 6

III. METHOD OF APPORTIONMENT
A. CODE SECTION
Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Lighting Act of 1972, permits the establishment of Assessment Districts by cities for the purpose of providing certain public improvements which include the acquisition, construction, maintenance, and servicing of streetlights, traffic signals and landscaping facilities.

Section 22573, Landscaping and Lighting Act of 1972 requires that assessments be levied according to benefit rather than according to assessed value. This section states:
"The net amount to be assessed upon lands within an Assessment District may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.”
In addition, Proposition 218 requires that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. Proposition 218 provides that only special benefits are assessable, and the City must separate the general benefits from the special benefits.

B. REASON FOR THE ASSESSMENT
The assessment is proposed to be levied to defray the costs of the acquisition, installation, maintenance and servicing of landscaping and lighting and park improvements.

C. LANDSCAPE GENERAL BENEFIT
Section 4 of the California Constitution Article XIII D provides that once a local agency, which proposes to impose assessments on property, has identified those parcels that will have special benefits conferred upon them and upon which an assessment will be imposed, the local agency must next “separate the general benefits from the special benefits conferred,” and only the special benefits can be included in the amount of the assessment imposed.

It has been determined that in most cases, the benefits conferred on other properties or to the public at large are more general in nature and are not considered special benefits. For example, the proper maintenance of landscaping and landscape appurtenant facilities within the Districts control dust from blowing onto properties within the Districts but may also indirectly control dust from blowing onto properties outside of the Districts. The spraying and treating of landscaping for disease reduces the likelihood of insect infestation and other diseases spreading to landscaping throughout the Districts, but also reduces the likelihood that other properties would be affected. In addition, the proper maintenance of landscaping and landscape ornamental structures provides a positive visual experience to persons passing by the Districts. Although these examples could be considered benefits, they are clearly incidental benefits conferred by the proper maintenance of the improvements and not a direct and special benefit to any properties other than those for which the improvements are maintained. The improvements in the Districts create a common landscape theme and neighborhood identity for the parcels within each residential subdivision. Only the parcels which are within the residential subdivisions will be assessed. Accordingly, there is a direct physical and visual nexus between the parcels being assessed and the funding of the improvements that does not exist for those parcels outside of the District boundaries. Therefore, it has been determined that all improvements provided by the Districts are considered only special benefits for assessment purposes unless otherwise noted. Any portion of the improvements and the costs associated 2024/2025 Consolidated Report Maintenance Assessment Districts Page 7

with those improvements determined to be a quantifiable general benefit will be funded from other revenue sources and will be excluded from the special benefit assessments.

D. LANDSCAPE SPECIAL BENEFIT
Section 2(i) of the California Constitution Article XIII D identifies special benefit as, “a particular and distinct benefit over and above the general benefits conferred on real property located in the district or to the public at large. General enhancement of property value does not constitute special benefit.” determining the proportionate special benefit derived by each identified parcel, the proximity of the parcel to the public improvements detailed in Section II.A., and operating costs of said public improvements, was considered and analyzed. Section 4(a) of the California Constitution Article XIII D states, “No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel.

Only special benefits are assessable, and an agency shall separate the general benefits from the special benefits conferred on a parcel.”
Due to the close proximity of the parcels to the improvements, it has been demonstrated and determined the parcels are uniquely benefited by, and receive a direct advantage from, and are conferred a particular and distinct special benefit over and above general benefits by, said public improvements in a way that is particular and distinct from its effect on other parcels and that real property in general and the public at large do not share.

Trees, landscaping, hardscaping, ornamental structures, and appurtenant facilities, if well maintained, confer a particular and distinct special benefit upon real property within each District by providing beautification, shade and positive enhancement of the community character, attractiveness, and desirability of the surroundings. In addition, all of the aforementioned contributes to a specific increase in property desirability and a specific enhancement of the property value of each parcel within each District which confers a particular and distinct special benefit upon the real property within each District.

In Parkways and Land Values, written by John Nolan and Henry V. Hubbard in 1937, it is stated:
“... there is no lack of opinion, based on general principles and experience and common sense, that parkways do in fact add value to property, even though the amount cannot be determined exactly.... Indeed, in most cases where public money has been spent for parkways the assumption has been definitely made that the proposed parkway will show a provable financial profit to the City. It has been believed that the establishment of parkways causes a rise in real estate values throughout the City, or in parts of the City...” In The Economic Value of Trees in Urban Areas, written by Phillip Killicoat, Eva Puzio and Randy Stringer in 2002, it is stated:
“Increased property values, increased tax revenues, increased income levels, faster real estate sales turn-over rates, shorter unoccupied periods…have all been linked to tree and landscape presence.”
It should be noted that the definition of “parkways” above may include the roadway as well as the landscaping alongside the roadway including City-owned and maintained trees within the public right-of-way.
2024/2025 Consolidated Report Maintenance Assessment Districts Page 8

E. PARK GENERAL BENEFIT
General benefits are benefits from improvements or services that are not special in nature and are not “particular and distinct.” The assessments will fund only the special benefits component of the maintenance and servicing of the park improvements. The park maintained by MAD No.1 is discussed below. The MAD No. 2 and MAD No. 3 parks are not yet built. The assessments therefore do not include costs for park improvement maintenance.

Benefit to Property Outside The Assessment District
Properties within MAD No. 1 receive all of the special benefit from the “Las Haciendas Park” improvements. The park provides no measurable special benefit to properties outside of the District. Any incidental benefits conferred by the proper maintenance of the improvements are not a direct and special benefit to any properties other than those for which the improvements are maintained. The park improvements were installed for the benefit of the parcels within the District and were deemed necessary, desired, and required for the orderly development of properties within the District to their full potential. The proximity of the park improvements to parcels within the District is a direct physical and visual nexus between the parcels being assessed and the funding of the improvements, which does not exist for those parcels outside of the District boundaries. Therefore, it has been determined that all improvements provided by the Districts are considered only special benefits for assessment purposes.

BENEFIT TO THE PUBLIC AT LARGE
The general benefit to the public at large can be estimated by the proportionate amount of time that the District’s park improvements are used and enjoyed by individuals who are not residents or property owners in the District. For MAD No. 1, there is no estimated general benefit to the public at large. The District’s small park is not a draw for the general public and is maintained specifically for the benefit of properties within the District.

F. PARK SPECIAL BENEFIT
The park improvements in MAD No. 1 have been identified as necessary, desired and required for the orderly development of the properties within the subdivision(s) to their full potential, consistent with the development plans and applicable portions of the City’s conditions of approval and subdivision agreements. Although the park improvements are installed within lettered lots dedicated to the City, the financial obligation to support and maintain the park improvements would be necessary and required of the individual property owners within the subdivisions either directly or through a homeowner’s association if the District was not established. Clearly the Park Improvements, and more importantly the long-term maintenance, operation, and servicing thereof by the City for which the parcels in the District are to be assessed, directly affects each property and provides shared special benefits. The Special Benefit of the park improvements to the parcels within the District are as described below:

Proximity and Access to Park Improvements within the Districts Only the specific properties within close proximity to the park improvements are included in the Districts. MAD No. 1 has been narrowly drawn to include only the properties that receive special benefits from the park improvements. Therefore, properties in the Districts enjoy unique and valuable proximity and access to the park improvements that the public at large and property outside the District do not share.
2024/2025 Consolidated Report Maintenance Assessment Districts Page 9

Safety and Security within the Districts
The City, through proper operation, maintenance, and servicing of the park improvements funded by the assessments in the District, provides increased security and safety by preventing crime. Proper lighting and well- kept landscapes in parks help to deter crime and vandalism.

Improved Views within the Districts
The properties in the District will benefit from the views of the park that will be serviced and maintained by the District. The views of the improvements in the parks, which include landscaping and various amenities, will be preserved and protected.

Extension of a Property’s Outdoor Areas and Green Spaces for Properties within the Districts
In large part because it is cost prohibitive to provide large open land areas on property in the District, the residential properties in the District do not have large outdoor areas and green spaces. The park improvements within the District provide additional outdoor areas that serve as an effective extension of the land area for proximate properties because the park improvements being serviced and maintained are uniquely proximate and accessible to parcels within the District’s boundaries and provide an important valuable and desirable extension of usable land area for the direct advantage and special benefit of properties in the Districts.

G. EQUIVALENT BENEFIT UNITS
In order to allocate benefit fairly between the benefiting parcels, an Equivalent Benefit Unit (EBU) methodology is proposed which equates all land uses to a single-family residential parcel, thereby allowing a uniform method of assessment.

The EBU method uses the single-family home as the basic unit of apportionment. A single- family home equals one Equivalent Benefit Unit (EBU). Every other land use is converted to EBU’s as described below per District. All properties in the District will be assigned benefit units and land use classifications per the County Assessor’s roll. (Inaccuracies in the County data will be reviewed on a case-by-case basis as they are brought to the City’s attention.) A methodology has been developed to calculate the EBU’s for other residential land uses and for non-residential parcels if applicable. Every land use is converted to EBU’s.

The following tables by District provide the weighting factors to applicable land-use types as reported by the most current year’s San Bernardino County Assessor’s Secured Roll, which determines each parcel’s EBU assignment:

MAD No. 1
EQUIV AL ENT BENEFITLAND USE NO. OF PARCELS
516

MULTIPLIERUNIT FACTOR

1.00SINGLE-FAMILY RESIDENTIAL

PLA NNED SINGLE-FAMILY RESIDENTIAL
TOTALS

PER BENEFIT UNIT
PER BENEFIT UNIT1.00 0
516
2024/2025 Consolidated Report Maintenance Assessment Districts Page 10

MAD No. 2

EQUIVALENT BENEFIT

UNIT FACTOR

1.00 LAND USE NO. OF PARCELS
252

MULTIPLIER

SINGLE-FAMILY RESIDENTIAL

PLA NNED SINGLE-FAMILY RESIDENTIAL
TOTALS

PER BENEFIT UNIT
PER BENEFIT UNIT1.00 848
1,100
MAD No. 3

EQUIVALENT BENEFIT

UNIT FACTOR

1.00 LAND USE NO. OF PARCELS MULTIPLIER

SINGLE-FAMILY RESIDENTIAL (SFR)

PLA NNED SINGLE-FAMILY RESIDENTIAL
TOTALS
0 827
827

PER BENEFIT UNIT
PER BENEFIT UNIT1.00
Exempt Properties
Publicly-owned open space including, but not limited to, the parks, recreation fields or other vacant lands are not assessed since the property exists for the benefit of other land uses in the City and the District. Vacant property that cannot be developed for residential, commercial or industrial uses is not assessed. This includes, but is not limited to, public streets, utility easements, rights-of-way, common areas, landlocked parcels and parcels that are too small for development. Additionally, utility rights-of-ways, easements, drainage channels, drainage basins, and parcels that are used solely for the purpose of accessing entry to other parcels, and those parcels that have been vacated by the City that have little to no value and do not benefit from the improvements are also exempted from assessment.

H. ASSESSMENT RANGE FORMULA
Over time, District budgets may be impacted by inflation. In an effort to minimize this impact on the Districts and ensure the long life of the improvements, an Assessment Range Formula for inflation was included as part of the Maximum Assessment Rate presented to property owners when the Districts were formed. The formulas, as described herein provide for an annual inflationary adjustment to the Maximum Assessment Rate that may be imposed each year without requiring the extensive procedure and cost of balloting for normal operational cost increases. The purpose of establishing an Assessment Range Formula is to provide for reasonable increases and inflationary adjustment to the assessment amounts without requiring costly noticing, mailing, and ballot procedures, which would further increase the assessments.

The Consumer Price Index (CPI), as developed by U.S. Bureau of Labor Statistics (BLS), is used to calculate the annual inflationary adjustment to the maximum assessment rate for each District. Each fiscal year the City shall identify the annual percentage change in the CPI, using the difference over a 12-month period between the current year and of the previous year. This annual percentage change in the CPI is generally established based on the percentage change from January to January as determined by the BLS for urban consumers for the Riverside-San Bernardino-Ontario Area. This percentage difference shall then be used to establish the increase to the Maximum Assessment Rate. Should the BLS revise such index or discontinue the preparation of such index, the City shall use the revised index or comparable system. For Fiscal Year 2024/2025, the percentage difference from January 2023 to January 2024 is

2.88%.
2024/2025 Consolidated Report Maintenance Assessment Districts Page 11

For MAD No. 1 and MAD No. 2, the assessment range formula is as described above. MAD No. 3 caps the annual inflationary adjustment at 4%, so the annual increase will be the lesser of CPI as calculated above, or 4%. For Fiscal Year 2024/2025, the inflationary adjustment for MAD No. 3 is 2.88%.

The table below summarizes the Fiscal Year 2024/2025 Maximum Assessment Rate increases:

FY 2023/2024 MAXIMUM

ASSESSMENT RATE
FY 2024/2025 PERCENT
(%) INCREASE
FY 2024/2025 M AXIM UM

ASSESSM ENT RATEDISTRICT
MAD No. 1 $201.64
$294.39
$179.88

2.88%

2.88%
$207.44
$302.86
$185.06
MAD No. 2
MAD No. 3
The Maximum Assessment Rate has been recalculated and a new Maximum Assessment Rate established for the fiscal year utilizing the Assessment Range Formula described above. The Maximum Assessment Rate shall be calculated independent of the District’s annual budget and proposed assessment. Any proposed annual assessment (rate per EBU) less than or equal to the calculated (adjusted) Maximum Assessment Rate is not considered an increased assessment, even if the proposed assessment is significantly greater than the assessment applied in the prior fiscal year. Modifications to the method of apportionment that increases the proportional special benefit assigned to a particular land use classification would be considered an increased assessment. Conversely, reductions in the proportional special benefit assigned to a land use classification is permitted. Changes in land use or size of an individual property resulting in an assessment increase, is not considered an increased assessment.

The following tables summarize the Fiscal Year 2024/2025 applied assessment rate, Maximum Assessment Rate, and the anticipated total assessment for each District:

MAD No. 1
FY 2024/2025

MAXIMUM
FY 2024/2025
TOTALEQUIVALENT BENEFIT FY 2024/2025 APPLIEDLAND USE UNITS ASSESSMENT RATE ASSESSMENT RATE ASSESSMENT

SINGLE-FAMILY RESIDENTIAL

PLANNED SINGLE-FAMILY RESIDENTIAL
TOTALS
516
0 $173.00
$1.00
$207.44
$1.00
$89,268.00

0.00 $89,268.00
MAD No. 2
FY 2024/2025

MAXIMUM

ASSESSMENT RATE
$302.86
FY 2024/2025EQUIVALENT BENEFIT FY 2024/2025 APPLIEDLAND USE TOTAL

ASSESSMENTUNITS ASSESSMENT RATE

SINGLE-FAMILY RESIDENTIAL

PLANNED SINGLE-FAMILY RESIDENTIAL
TOTALS
252
848
$252.58
$1.00
$63,650.16
$1.00 848.00
$64,498.16
MAD No. 3
FY 2024/2025

MAXIMUM

ASSESSMENT RATE
$185.06
FY 2024/2025EQUIVALENT BENEFIT FY 2024/2025 APPLIEDLAND USE TOTAL

ASSESSMENTUNITS ASSESSMENT RATE

SINGLE-FAMILY RESIDENTIAL

PLANNED SINGLE-FAMILY RESIDENTIAL
TOTALS
0 $0.00
$2.00
$0.00
827 $2.00 1,654.00
$1,654.00
2024/2025 Consolidated Report Maintenance Assessment Districts Page 12

IV. DISTRICT BUDGETS
A. DESCRIPTION OF BUDGET ITEMS
Utilities
Electricity – Provides electricity to the irrigation system and landscape lighting facilities within the District.

Water – Provides water for the landscaping of trees and shrubs within the District.

Telephone – Furnishes the cost for the communication cell service and landlines of the irrigation system within the District.

Administration
City Administration – Funds the costs of all departments and staff of the City for coordination of activities of administration, the cost of legal services related to the Districts, and any required procedural publications or mailings and public hearing notices.

Consulting Services – Annual district administration, including drafting the Engineer’s Report, calculating and submitting assessments to the County of San Bernardino, answering property owner questions, and assisting the City with various related tasks.

County Fees – County Auditor / Controller charge for placing assessments on property tax bills.

Maintenance
Maintenance Staff Salary & Benefits – Funds the costs of City employees dedicated to the operations and maintenance, and servicing, of the District.

Contract Services – Furnishes the contractual costs associated with the company providing the operations and maintenance, and servicing, of the District.

Deferred Maintenance – Maintenance projects or maintenance activities that have been delayed or postponed due to lack of funds. They will be completed as time and assessment collections permit.

Grounds Maintenance – Funds the costs associated with the purchasing of materials and supplies of the District, such as plant material, fertilizer, stakes, concrete repair, etc.

Irrigation Maintenance – Funds the costs associated with the irrigation materials and facilities of the District, such as controller, valves, bubbler, sprinkler heads, irrigation pipe, etc.

Infrastructure Repairs – Funds for replacing and repairing facilities and equipment.

Vehicles and Gas Powered Equipment – Funds the costs for maintaining, repairing and fueling City vehicles used during the maintenance of improvements within the District.

Building Maintenance – Funds the costs to maintain structure and ground area.

Tools & Small Equipment – Funds the costs of small tools and equipment used in the process of maintaining the District improvements.

Vandalism/Accidents – Furnishes the replacement or repair of District systems and facilities due to acts of vandalism or vehicular accidents. Every effort shall be made to recover these costs through restitution or insurance.
2024/2025 Consolidated Report Maintenance Assessment Districts Page 13

Contribution/Collection/Balances
Reserve Collection/Contribution – Amounts collected for Operating or CIP reserve uses or credited (from) the Operating or CIP Funds.

Operating Fund Balance – Balance of remaining funds. Operating Reserves are used for upfront maintenance expenses until county apportionment is received.

Capital Improvement Fund Balance – Funds collected and held for Capital Improvement Projects, including refurbishment, replacement, or major repair of the improvements, or any project for which funds cannot be collected in a single fiscal year.

Contingency Infrastructure Replacement – Funds set aside for urgent or emergency replacement or repair of major infrastructure improvements.

Levy Information
Balance to Levy – The total amount assessed and applied at the County level or handbilled if parcel cannot be assessed on property tax bill to pay for maintenance expenses (Direct and Indirect Cost).

Equivalent Benefit Units – The total Equivalent Benefit Units within the Districts applied to the parcels based on land use classification.

Assessment Rate – This amount represents the rate being applied to each parcel’s individual EBU. The Levy per EBU is the result of dividing the “Special Assessment to Levy” by the Total EBUs for the fiscal year.

Maximum Assessment Rate – This is the rate per EBU approved by property owners, in accordance with Proposition 218, adjusted as described above.

A variance may be seen between the Assessment Rate and the Maximum Assessment Rate.

The variance occurs because the Special Assessments required to meet expenses for the current fiscal year are below the maximum level.

CIP Plan
There are no MAD Capital Improvement Projects budgeted for the next five (5) years. The CIP funds on hand will be used for emergency repair / replacement of improvements as needed, and the remaining funds will be held in the CIP reserve fund to pay for large-scale capital projects to be completed in the future.
2024/2025 Consolidated Report Maintenance Assessment Districts Page 14

B. MAD BUDGETS
Description MAD No. 1 MAD No. 2 MAD No. 3

UTILITIES-

ELECTRICITY
$5,500 $200 $0
0UTILITIES-WATER
USAGE
6,300
600
3,000
500TELEPHONE 0

UTILITIES SUB-
TOTAL
$12,400
$11,343
1,500
$3,700
$5,888
1,500
$7,388
$12,348
16,570
350
$0
$0CITY

ADMINISTRATIONCONSULTING

SERVICES
1,500

ADMINISTRATIVE SUB-TOTAL

MAINTENANCE STAFF SALARY AND

BENEFITS

CONTRACT SERVICES
$12,843
$66,643
14,250
3,050
$1,500
$0
0 GROUNDS

MAINTENANCE
0 IRRIGATION

MAINTENANCE
500 1,000
500
0 INFRASTRUCTURE REPAIRS

VEHICLES AND GAS POWERED

EQUIPMENT

BUILDING MAINTENANCE
800 0
0 0 0
0300 0

TOOLS AND SMALL

EQUIPMENT

VANDALISM/ACCIDENTS
200 100 0
500 1,000
$31,868
$42,956
$330
14,227
57,513
6,985
$64,498
0 MAINTENANCE SUB-
TOTAL
$86,243
$111,486
$155
$0

CITY EXPENDITURE BUDGET SUB-
TOTAL

COUNTY FEES
$1,500
$248
0DEFERRED

MAINTENANCE
39,457
151,098
(61,830)
$89,268

MAD EXPENDITURE SUB-TOTAL

RESERVE

COLLECTION/CONTRIBUTION

BALANCE TO LEVY
1,748
(94)
$1,654

FUND BALANCE
ESTIMATED BEGINNING OPERATING FUND BALANCE July
1, 2024

COLLECTIONS (CONTRIBUTIONS)
ESTIMATED ENDING OPERATING FUND BALANCE June 30,
2025
$137,379
(61,830)
$75,549
$21,772
6,985
$968
(94)
$28,757 $874

ESTIMATED BEGINNING CIP FUND BALANCE JULY
1, 2024
FY 2024/2025 BUDGETED CIP EXPENDITURES

CONTINGENCY INFRASTRUCTURE REPLACEMENT
ESTIMATED ENDING CIP BALANCE JUNE 30, 2025
FY 2024/25 ASSESSMENT
$243,637
0 $444,783
0 $3,614
0 (14,043)
$229,594
$89,268
516
(22,967)
$421,817
$64,498
252
0 $3,614
$1,654
0Equivalent Benefit Units-Built
Equivalent Benefit Unit-Not Built 0 848 827
FY 2024/25 Assessment Rate $173.00
$1.00
$252.58
$1.00
$0.00
$2.00
$185.06
$2.00
FY 2024/25 Assessment Rate Not Built
Max. Allowable Assessment per Benefit Unit
Max. Allowable Assessment per Benefit Unit-Not Built
$207.44
$1.00
$302.86
$1.00
.
2024/2025 Consolidated Report Maintenance Assessment Districts Page 15

V. DISTRICT BOUNDARY MAPS
2024/2025 Consolidated Report Maintenance Assessment Districts Page 16

2024/2025 Consolidated Report Maintenance Assessment Districts Page 17

2024/2025 Consolidated Report Maintenance Assessment Districts Page 18

VI. ASSESSMENT ROLLS
The proposed assessment amounts for fiscal year 2024/2025 for the Districts are hereby incorporated in this report. Parcel identification, for each lot or parcel identification for each lot or parcel within the District shall be the Assessor Parcel Numbers as shown on the San Bernardino County Assessor's map.

The listing of parcels and the amount of assessment to be levied shall be submitted to the County Auditor/Controller and included on the property tax roll for each parcel in fiscal year 2024/2025.

If any parcel submitted for assessment is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, a corrected parcel number and/or new parcel numbers will be identified and resubmitted to the County Auditor/Controller. The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rate approved in this Report. Therefore, if a single parcel has changed to multiple parcels, the assessment amount applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate.
2024/2025 Consolidated Report Maintenance Assessment Districts Page 19

City of Victorville
Consolidated Report
Landscape Maintenance
Assessment Districts Nos.
1, 2, 3, 4, 5, 6, 7, & 8
2024/2025 ENGINEER’S REPORT
Intent Meeting: June 18, 2024
Public Hearing: July 16, 2024
27368 Via Industria
Suite 200
Temecula, CA 92590
T 951.587.3500 | 800.755.6864
F 951.587.3510
www.willdan.com

ANNUAL PRELIMINARY ENGINEER'S REPORT AFFIDAVIT
Consolidated Report Landscape Maintenance Assessment Districts Nos. 1, 2, 3, 4, 5, 6, 7, & 8
City of Victorville
San Bernardino County, State of California
This Report describes Landscape Maintenance Assessment Districts Nos. 1, 2, 3, 4, 5, 6, 7, and 8 therein including the improvements, budgets, parcels, and proposed assessments to be levied for fiscal year 2024/2025, as they existed at the time of the passage of the Resolution of Intention.

Reference is hereby made to the San Bernardino County Assessor’s maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the City Council.

Dated this ______ day of____________, 2024.

By: _____________________________
Fredy A. Bonilla, PE
City Engineer
R.C.E No. 70349
By: ________________________________
Michelle Laase
By: ____________________________
Tyrone Peter, PE # C81888
Willdan Financial Services
Assessment Engineer
Willdan Financial Services
Project Manager
I HEREBY CERTIFY the enclosed Engineer’s Report, together with Assessment Roll and Assessment Diagram thereto attached, was filed with me on the _____day of________, 2024.

By: ____________________________
City Clerk, City of Victorville
County of San Bernardino, California

TABLE OF CONTENTS
I. OVERVIEW..............................................................................................................1 A. INTRODUCTION..................................................................................................1 B. HISTORICAL BACKGROUND.............................................................................2 II. PLANS AND SPECIFICATION................................................................................4 A. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT..........................................4 B. DESCRIPTION OF IMPROVEMENTS TO BE MAINTAINED AND SERVICED ... 5 C. LANDSCAPE MAINTENACE ASSESSMENT DISTRICT BOUNDARIES ........... 6 III. METHOD OF APPORTIONMENT ......................................................................... 10 A. CODE SECTION ................................................................................................ 10 B. REASON FOR THE ASSESSMENT .................................................................. 10 C. GENERAL BENEFIT.......................................................................................... 10 D. SPECIAL BENEFIT............................................................................................ 11 E. EQUIVALENT BENEFIT UNITS......................................................................... 12 F. ASSESSMENT RANGE FORMULA .................................................................. 14 IV. DISTRICT BUDGET .............................................................................................. 17 A. DESCRIPTION OF BUDGET ITEMS.................................................................. 17 B. LMAD BUDGETS............................................................................................... 20 V. DISTRICT BOUNDARY MAPS.............................................................................. 21 VI. ASSESSMENT ROLLS ......................................................................................... 29

I. OVERVIEW
A. INTRODUCTION
The City of Victorville (City) Landscape Maintenance Assessment Districts 1, 2, 3, 4, 5, 6, 7, and 8 (LMADs) annually levy and collect special assessments in order to maintain landscape improvements. These improvements are located within eight (8) Landscaping and Lighting Act Landscape Maintenance Assessment Districts (Districts) established pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the “1972 Act”).

This Engineer’s Report (Report) describes the LMADs therein, annexations, any changes to the Districts, and the proposed assessments for Fiscal Year 2024/2025. The proposed assessments presented in this Report are based on the historical and estimated costs to maintain the improvements that provide special benefits to properties within the Districts therein. The costs of improvements and the annual levy include the expenditures, deficits, surpluses, revenues, and reserves associated with those improvements. Each parcel is assessed proportionately for only those improvements provided and for which the parcel receives benefits.

This Report, certified by a licensed civil engineer, details the Districts, and includes plans and specifications of the improvements; an estimate of the costs of the improvements, including maintenance and servicing; a diagram, i.e., maps of the Districts showing the boundary of the Districts, the parcels or lots which benefit, and an estimate of costs of the improvements, maintenance, and servicing. Once the Report is completed, it is presented to the Victorville City Council (City Council), acting as the legislative body for the Districts, for its review. The City Council may approve the Report as presented or may order amendments to the Report and approve the Report as modified.

After the initial approval of the preliminary Report, the City Council shall adopt the Resolution of Intention which declares its intent to levy and collect assessments within the Districts, which includes a description of the improvements, the maintenance and servicing of those improvements, refers to the assessment Districts by their distinctive designations, may refer to the Report for the details of the Districts, and sets the time and place for a public hearing on the levy of the proposed annual assessments.

At the public hearing, the City Council will consider any public testimony in favor and/or opposing the assessments to fund the continued maintenance and servicing of the improvements. In conjunction with this hearing, any new or increased assessments over the approved maximum assessment rate will require confirmation of the assessments through a property owner protest ballot proceeding pursuant to the provisions of the California Constitution Article XIII D. For Fiscal Year 2024/2025, there is no proposed rate increase in excess or above the maximum rate of each District.

Following consideration of public comments and protests at the noticed public hearing and review of the Report, the City Council may order amendments to the Report or confirm the Report as submitted. Following final approval of the Report and confirmation of the 2024/2025 Consolidated Report Landscape Maintenance Assessment Districts Page 1

assessments, the City Council may order the levy and collection of assessments for Fiscal Year 2024/2025 pursuant to the 1972 Act. In such case, the assessment information will be submitted to the County Auditor-Controller and included on the property tax roll for each benefiting parcel for Fiscal Year 2024/2025.

For the purposes of this Report, the word “parcel” refers to an individual property assigned its own Assessor’s Parcel Number (APN) by the County of San Bernardino Assessor’s Office.

The County of San Bernardino Auditor-Controller uses APNs and specific Fund Numbers to identify properties on the tax roll assessed for special District benefit assessments.

B. HISTORICAL BACKGROUND
The residential subdivision plans for the tracts within LMAD Nos. 1, 2, 3, 5, 6, 7, and 8 were submitted to the City by developers and were approved with certain conditions. One such condition required a means to fund the perpetual maintenance of landscaping within the public right-of-ways and dedicated easement areas. In order to meet this condition, the developer, as sole-owner of the subdivision property, petitioned the City to form an assessment district. The LMADs were formed by City Council Resolutions in accordance with the Landscape and Lighting Act of 1972, which is Part 2, Division 15 of the California Streets and Highways Code, in order to provide a funding source for the administration, operations and maintenance, and servicing of the landscaping within the District. Each parcel within the LMADs is assessed at a rate equitable to the budget, not exceeding the maximum allowable rate as identified in section III.F of this report. Future improvement parcels are assessed $1.00 annually until such a time the improvements are constructed.

LMAD No. 1
In 1987, Landscape Maintenance Assessment District No. 1 (hereinafter “LMAD No. 1” or the “District”), was formed by Resolutions 87-62, 87-63, and 87-64. The District consists of 60 Tracts and 751,874 square feet of landscaped area located throughout the City.

LMAD No. 2
In 1989, Landscape Maintenance Assessment District No. 2 (hereinafter “LMAD No. 2” or the “District”) was formed by Resolutions 89-238, 89-239, and 89-240. The District consists of 16 Tracts and 696,838 square feet of landscaped area located within the Eagle Ranch Specific Plan boundaries in the City.

LMAD No. 3
In 1990 Landscape Maintenance Assessment District No. 3 (hereinafter “LMAD No. 3” or the “District”), was formed by Resolutions 90-019, 90-020, and 90-021.

Originally, the Developer subdivided all of the single-family parcels of the Master Tract, Tract Map No. 13843. However, in 1996 the economy was recovering from a depression, the 2024/2025 Consolidated Report Landscape Maintenance Assessment Districts Page 2

closure of military bases (locally George Air Force Base), and stagnant new home sales. So, the Developer reverted all of the undeveloped single-family subdivisions to acreage with an agreement, dated November 18, 1997, (1997 Agreement) to pay the full landscape maintenance assessment district fees for those reverted areas so there were sufficient funds for the continued maintenance of the landscaping and irrigation installed. This agreement remains in place for two undeveloped parcels: 3104-231-01 and 3104-231-12.

The District consists of 17 Tracts and 747,054 square feet of landscaped area located within the Brentwood Specific Plan in the City.

LMAD No. 4
Property owner improvements for Old Town were submitted and approved with certain conditions. One such condition required a means to fund the perpetual maintenance of landscaping within the public right-of-way and dedicated easement areas. In order to meet this condition, the property owners petitioned the City to form an assessment district. In 1995, Landscape Maintenance Assessment District No. 4 (hereinafter “LMAD No. 4” or the “District”), was formed by Resolutions 95-107, 95-108, and 95-109. The District consists of twenty-six (26) properties and 10,018 square feet of landscaped area located in Old Town in the City.

LMAD No. 5
In 2002, Landscape Maintenance Assessment District No. 5 (hereinafter “LMAD No. 5” or the “District”), was formed by Resolutions 02-021, 02-022, and 02-023. The District consists of 13 Tracts and 762,905 square feet of landscaped entry monuments, street and sidewalk, and channel landscape area that are located throughout the Vista Verde Specific Plan.

LMAD No. 6
In 2003, Landscape Maintenance Assessment District No. 6 (hereinafter “LMAD No. 6” or the “District”), was formed by Resolutions 03-050, 03-051, 03-052 and 03-053. The District consists of 112 Tracts and 734,892 square feet of landscaped area located throughout the City.

In fiscal year 2022/2023 Tract No. 20275, located at the southeast corner of Monte Vista Road and Luna Road, was annexed to LMAD No. 1.

In fiscal year 2023/2024 Tract 18980, located north of Silica Road and west of Second Avenue, and Tract 20280 were annexed to LMAD No. 1
LMAD No. 7
In 2004, Landscape Maintenance Assessment District No. 7 (hereinafter “LMAD No. 7” or the “District”), was formed by Resolutions 04-036, 04-037, 04-038 and 04-039. There are six (6) Tracts in the District and existing landscaping improvements are 32,416 square feet within the Talon Ranch development area.

LMAD No. 8
In 2005, Landscape Maintenance Assessment District No. 8 (hereinafter “LMAD No. 8” or the “District”), was formed by Resolutions 05-073 and 05-074. There are twenty (20) Tracts in the District and existing landscaping improvements are 1,129,932 square feet within the West Creek development area.
2024/2025 Consolidated Report Landscape Maintenance Assessment Districts Page 3

The acquisition of land for park, recreational, or open-space purposes.

The acquisition of any existing improvement otherwise authorized pursuant to this section.
Incidental expenses associated with the improvements include, but are not limited to:
o The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment;
o
o
o
o
The costs of printing, advertising, and the publishing, posting and mailing of notices; Compensation payable to the County for collection of assessments; Compensation of any engineer or attorney employed to render services; Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements;
o
o
Any expenses incidental to the issuance of bonds or notes pursuant to Section 22662.5.

Costs associated with any elections held for the approval of a new or increased assessment.

The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.
2024/2025 Consolidated Report Landscape Maintenance Assessment Districts Page 4

B. DESCRIPTION OF IMPROVEMENTS TO BE MAINTAINED AND

SERVICED
The Districts and assessments provide for the continued maintenance, servicing, administration and operation of landscaped areas and associated appurtenances for each of the eight (8) Districts.

The improvements located in and serviced by the Districts generally include; landscaping, irrigation systems, electric, water, landline and cell service utilities, signage, monuments, structures, walls, paseos/corridor access, trailheads, medians and hardscape, such as rock, decomposed granite, soil, curbing, etc.

It has been determined that the assessed parcels within each District receive special benefits from various landscape improvements that may include, but are not limited to:

Repair, removal, or replacement of any of the improvements; Grading, clearing, removing debris, constructing, installing, or paving parking lots, walkways, sidewalks, other hardscape, water, irrigation, drainage, or electrical facilities; Landscaping, cultivating, irrigating, fertilizing, weed and pest control, and trimming for manicured plants health, growth, and beauty;

Removal of plant trimmings, debris, trash, and other solid waste; Graffiti removal on walls and other improvements by sandblasting, cleaning, and painting; Electricity for irrigation improvements;
Water for landscaping irrigation or maintenance of improvements.

Services provided include the necessary operations, administration, and maintenance required to keep the improvements in a healthy, vigorous, and satisfactory condition or is necessary or convenient for the maintenance of the improvements. The continued maintenance of these improvements shall be budgeted and reviewed each fiscal year and fully or partially funded through the annual assessments. A listing of the improvement areas is identified under the Improvement Section of this Report.

All assessable parcels identified as being within each District share in both the cost and the benefits of the improvements. The costs and expenses associated with the improvements in each District are equitably spread among all benefiting parcels within the District and only parcels that receive special benefit from the improvements are assessed in proportion to benefit received. The funds collected from the assessments are dispersed and used for the services and operation provided within the District. Properties receive the following special benefits from each Districts landscape improvements:
Enhanced desirability of properties through association with the improvements and the aesthetic value of green space within the area.

Improved aesthetic appeal of properties providing a positive representation of the area.

Increased sense of pride in ownership of property resulting from well-maintained improvements associated with the properties.

Reduced vandalism and criminal activity resulting from well-maintained surroundings and amenities.

The special enhancements of the properties that result from the above benefits. 2024/2025 Consolidated Report Landscape Maintenance Assessment Districts Page 5

C. LANDSCAPE MAINTENACE ASSESSMENT DISTRICT BOUNDARIES
The Districts’ boundaries follow the boundaries of each subdivision, tract and parcel included therein. The following tables list the residential subdivisions, tracts, or in the case of LMAD No. 4, the parcels, within each subdivision, and location of the subdivisions that make up each District’s boundaries:

TRACT
9927
LMAD No.1
Southwest corner Yates Rd, Petite St, At Arrowhead Dr
Southwest corner Hook Blvd & Rosemary Dr.

Northeast corner Seneca Rd & Karen Dr
Southeast corner 5th Ave & Silica Dr To 7th Ave N Of Bear Valley Rd Abutting El Evado Rd & South Of La Mesa Rd
Abutting La Mesa Rd, East Of El Evado Rd, & West Of Amargosa Rd Abutting El Evado Rd, South Of La Mesa Rd, & North Of Oro Grande Wash
10965
11131
11796
11837
11838
11839
12328
12534
12712
12745
13164
13311
Southeast corner Northstar Ave & Amethyst Rd
Northwest corner Mojave Dr & Amargosa Rd
Southeast corner Hook Blvd & El Evado Rd
Southwest corner Northstar Ave & Amethyst Rd
South Nisqualli Rd Between 1st Ave And 2nd Ave
Northeast corner Bear Valley Rd & Topaz Rd
Abutting Nisqualli Rd, West Of Cypress Ave, South Of Winona St, & East Of Ninth Ave13535
13590
13743
13760
13815
Southeast corner La Mesa Rd & Cobalt Rd
Southeast corner Nisqualli Rd & Third Ave
Southeast corner La Mesa Rd & Jade Rd
Northeast corner Hook Blvd & El Evado Rd
Abutting Mojave Dr & Joshua St, East Of Ashley Glen Dr, & West Of Arlette Dr
Southeast corner La Mesa Rd & Pacoima Rd
Abutting Mojave Dr & Joshua St, East Of Ashley Glen Dr, & West Of Arlette Dr
13819
13841
13891
13908
13937
14035
14052
14053
14054
14057
14059
14060
14085
14086
14104
14160
Northwest corner Tawney Ridge Ln & Amargosa Rd.

Southeast corner Luna Rd & Petaluma Rd
Northwest corner Rancho Rd & Village Dr
Southwest corner Luna Rd & Cobalt Rd
Southwest corner Luna Rd & Princeton Dr
Southeast corner Luna Rd & Topaz Rd
Northwest corner La Mesa Rd & Pacoima Rd
Northeast corner La Mesa Rd & Amethyst Rd
Southeast corner Luna Rd & Amethyst Rd
Northwest corner Amethyst Rd & Onyx Pl
Southeast corner Mojave Dr & Cobalt Rd
Southwest corner Topaz Rd & Luna Rd
Southwest corner Topaz Rd & Redrock Rd
Abutting Amethyst Rd, North Of Bear Valley Rd, South Of Northstar Ave, & East Of Jade Rd14336
14403
14417
14482
14538
14678
14969
Southwest corner Silica Dr & First Ave
Southwest corner Tawney Ridge Ln & El Evado Rd
Southeast corner Nisqualli Rd & First Ave
West Of Arrowhead Dr & South & North Of Winona St
Northeast corner Bear Valley Rd & Cantina Dr
Abutting La Mesa Rd, East Of Amethyst Rd, & West Of Sundown Rd Abutting Luna Rd, East Of The Law Corridor, West Of Amethyst, & South Of Dos Palmas Rd15049
15050
15051
15052
Abutting Luna Rd, East & West Of Amethyst, & South Of Dos Palmas Rd Abutting Luna Rd, East Of Amethyst, & South Of Dos Palmas Rd North Of Luna Rd, East Of Amethyst, & South Of Dos Palmas Rd North Of Luna Rd, East & West Of Amethyst, & South Of Dos Palmas Rd Southeast corner Bear Valley Rd & Topaz Rd
15186-1 to 7
15394
2024/2025 Consolidated Report Landscape Maintenance Assessment Districts Page 6

15456
16247-1 to 6
16328
Abutting Amethyst Rd, North Of Bear Valley Rd, & South Of Northstar Ave Southeast corner Eleventh Ave & Ottawa St
Northwest corner Cobalt Rd & Dos Palmas Rd
TRACT LMAD No. 2
South Of Redrock Rd, East of Cantina Dr, West of Topaz Rd, and North of Honey Bear Ln.14062
14558
14559
14560
14685
West of Eagle Ranch Parkway and North of Redrock Rd.

Southwest corner of Mesa Linda Ave and La Mesa Rd.

Southeast corner of Mesa Linda Ave and La Mesa Rd.

Northeast corner of Cantina Ave and Creosote Dr.

South of La Mesa Rd, West of Topaz Rd, South of Redrock Rd, and East of Mesa Linda Ave.14686
14793
15144
Southwest corner of La Mesa Rd and Topaz Rd.

Northwest corner to Topaz Rd and Redrock Rd.

South of Redrock Rd, East of Eagle Ranch Park, South of La Mesa RD, and East of Topaz Rd.15712
15713
16086
16087
Southeast corner of Mesa Linda Ave and Eagle Ranch Parkway.

Southeast corner of Cantina Dr and Eagle Ranch Parkway.

Northeast corner of Cantina Dr and Eagle Ranch Parkway.

South and West of Eagle Ranch Parkway, East of Cantina Dr, and North of Redrock Rd.16122
16124 South of Luna Rd, East of Mesa Linda Ave, North of La Mesa Rd, and West of Topaz Rd.
16131
16241
Southwest corner of Eagle Ranch Parkway and Honeybear Ln.

Southeast corner of Luna Rd and Cantina Dr.

TRACT
13843
13996
13997
13999
14000
14002
LMAD No. 3
Master Tract for Brentwood Development
Southeast corner of Reno Loop West and Hook Blvd
Northeast corner of Hook Blvd & Skippler Ln.

Northwest corner of Reno Loop East and Hook Blvd.

Southwest corner of Reno Loop East and Hook Blvd.

Northwest Corner of Seneca Rd and El Evado Rd.

North of Reno Loop North, South of Mojave Dr, East of West Trail, and West of East Trail.

Northwest corner of Reno Loop West and Hook Blvd.

South of Reno Loop North, West of the northeast Paseo, West of the northwest Paseo, North of Brentwood Park.
15479
16197
16220
16280
16281
16282
16283
16284
16285
16446
16590
Northeast corner of Reno Loop East and Hook Blvd.

Southwest corner of Reno Loop West and Hook Blvd.

Southwest corner of Reno Loop West and Reno Loop East.

Northeast corner of Reno Loop West and Hook Blvd.

Southwest corner of Reno Loop East and South Trail.

Southeast corner of Reno Loop East and Hook Blvd.

Southwest corner of Mojave Dr and West Trail.

Northeast corner of Reno Loop East and East Trail.

Southeast corner of Mojave Dr & East TrailUndeveloped SFR

PARCELS
Parcel Maps 0478-21
& 0478-22
LMAD No. 4
Parcels fronting both sides of Seventh St. from A St. to D St. (not including parcels fronting D St.)
0478-212-16, 0478-212-17, 0478-212-19, 0478-212-20, 0478-213-01, 0478-213-02, 0478-213-03, 0478-213-04, 0478-213-05, 0478-213-06, 0478-213-07, 0478-213-12, 0478-216-05, 0478-216-16, 0478-221-20, 0478-221-22, 0478-221-26, 0478-221-27, 0478-224-01, 0478-224-02, 0478-224-03, 0478-224-04, 0478-224-05, 0478-225-01, 0478-225-13, 0478-225-15 TRACT
3109, 1612, & other
territory
LMAD No 5
Parcel Maps located west of improved tracts to Bellflower Rd and south of La Mesa Rd
2024/2025 Consolidated Report Landscape Maintenance Assessment Districts Page 7

Tract Map 16107 boundaries are south of Luna Rd between Hwy 395 and Mesa View Rd
Tract Map 16138 boundaries are within Hwy 395, Dos Palmas Rd, Mesa View Rd and Luna Rd
Tract Map 16507 boundaries are south of Luna Rd between Mesa View Rd and Fremontia Rd
16107-1, 2
16138-1 to 4
16507
Tract Map 16536 boundaries are south of Tract 16507 at Luna Rd west of Mesa View Rd16536
Tract Map 16717 boundaries are north of Dos Palmas Rd at Fuchsia Ln, Barrington St, and Mesa View Rd
Tract Map 16741 is a subdivision map of Tract Map 16138-1 Lot A Tract Map 16774 boundaries are northwest of La Mesa and Pena Rd to Hwy 395 (150 lots)
16717
16741
16774
TRACT
5764, 6785, 7225, 8399
9114, 9139,10342
10346, 10350
13318, 13324 , 13411
13535, 13537
13542, 13624
13637, 13638
13641, 13644
13816, 14057
14183, 14521
14623, 14647
14751, 15294
15295, 15456
16463, 16524
16632, 16719
16720, 16755
16777, 16778
16792, 16807
16843, 16844
16856, 16861
16905, 16936
16955, 16994
17047, 17089
17090, 17157
17179, 17241
17316, 17426
17595, 18218
39416, 39509
40533, 47215
48002
LMAD No. 6
Rancho, El Evado; Canterbury; Eucalyptus; Village
Second Ave; 3rd, Burwood; Verbena
Bellflower; Dos Palmas
Braceo; Monte Vista; Pena, Lindero
Cypress, Nisqualli; Mojave, Joshua
Hook, Mesa Linda; Eucalyptus
HWY 395, Mesa; Mesa, Mesa Linda
Topaz, Eucalyptus; Mesa, Topaz
Diamond, Cobalt; Cordova, Tawney
Topaz, Bizcane; Ninth, Ottawa
Arrowhead, Ottawa; Winona, Seventh
Topaz, Dawn; Mesa View, Pena
Mesa View, Joshua; Amethyst, Starshine
Diamond, Tawney Ridge; Topaz, Dos
Princeton; Mojave, Onyx
Eucalyptus; Mesa View, La Mesa
Cypress; Cypress, Ottawa
Feather Rock; Amargosa, Harlow
Dos Palmas, Topaz;
Mesa View, Forrest; Arrowhead
Cantina; Cypress, Greyrock
Tawney Ridge, El Evado; Cantina
3rd, Nisqualli; Mesa Linda, Verano
Mesa View, La Mesa; Topaz, Hook
Seventh, Talpa; Third, Silica
Seventh, Ottawa; Talpa Third
La Mesa, Evelyn; Silica, Second
Hopland, Cobalt, Northstar
Mojave, Mesa; Rancho
Seneca, Green
9636, 9637, 9638 Nassau, Milburn; Mesa View
14062-1, 14132-1, 14751 Mesa View, La Mesa; Talpa, 3rd; Bear Valley, Pena 14798-1, 15363-1
15310-1,2,3,4
15598-1,2,3,4,5
15896-1, 16718-1
15973-1,3,4
16063-1,2,3
16242-1,2; 16479-1,2
16244-1,2
Burwood, Third; Mojave, Ferndale
Mesa Linda, La Mesa
Capistrano, Desert Lily
Winona, Ninth; Botella
Sequoia, Mesa Linda, Sierra
Ridgecrest, Bluffcrest, Park Glen
Richmond; Quail Cove, Amethyst
Arrowhead, Ottawa
16574-1,2,3,4,5
16887-1,2
Breckenridge, Dos Palmas
HWY 395, Eucalyptus
17163-1; 17292-1,2
14499
Cordoba, Hillendale; Mesa View
High Crest St , High Vista St
S Bear Valley, Pena14721
14741 NE Topaz, Luna
2024/2025 Consolidated Report Landscape Maintenance Assessment Districts Page 8

14992
18980
20274
20275
20280
NE Topaz, Luna
North of Silica Road and west of Second Avenue
SE Sycamore, Amethyst
SE corner of Monte Vista Road and Luna Road
South of Hopland Street and east of Cahuenga Road
TRACT LMAD No. 7
Other Territory boundaries are located between Hwy 395, Ojo Caliente St, Cartagena St and Luna RdOther Territory
15081
15395
The southwest corner area of Dos Palmas Rd and Topaz Rd to Luna Rd The northeast corner area of Mesa Linda Ave at Luna Rd and Ava Loma St North of Tract 15395 on the northeast corner of Mesa Linda Ave at Ava Loma St to Ojo Caliente St15396
15399
15400
Mesa Linda Ave to Ojo Caliente St to Cartagena St to Ava Loma St Mesa Linda Ave to Ava Loma St to Cartagena St to Luna Rd The southeast corner area of Luna Rd to include Chimayo St to Ojo Caliente and west of Topaz Rd16489
TRACT
16968
17083
17110
17111
17112
17113
17114
LMAD No. 8
Within Diamond Rd, Mojave Dr, Amethyst Rd and Hook Blvd North of Hook Blvd. at Mojave Dr and Brucite Rd
Within Tawney Ridge Lane, Amethyst Rd, Mojave Dr, and Cobalt Rd (168 future lots) Northwest corner of Amethyst Rd and Mojave Dr (70 future lots) North Mojave Dr between Cobalt Rd and Amethyst Rd (53 future lots) Northeast corner of Mojave Dr at Cobalt Rd (104 future lots) Southwest corner of Tawney Ridge Lane at Amethyst Rd (67 future lots) South Tawney Ridge Lane between Cobalt Rd and Amethyst Rd17115
17116
17130
17131
17132
17133
17134
17135
17308
(93 future lots) Southeast Tawney Ridge Lane at Cobalt Rd East of Brucite Rd at Mojave Dr
North Hook Blvd at Brucite Rd
North Hook Blvd east of Cobalt Rd and south of Mojave Dr North Hook Blvd west of Cobalt Rd and south of Mojave Dr Diamond Rd west north of Hook Blvd and south of Mojave Dr Diamond Rd east south of Mojave Dr and west of Cobalt Rd Cobalt Rd, Hopland St, Falling Star St and Tawney Ridge Ln (62 future lots) North Tawney Ridge Ln between Cobalt Rd and Falling Star St17309
17310 (109 future lots) North of Tract 17309 north Tawney Ridge Ln between Cobalt Rd and Falling Star St
(94 future lots) boundaries are east Cobalt Rd on Hopland St and Falling Star St
(9 future lots) North of Tract 17112 near Evening Star St 17311
17986
2024/2025 Consolidated Report Landscape Maintenance Assessment Districts Page 9

B. REASON FOR THE ASSESSMENT
The assessment is proposed to be levied to defray the costs of the acquisition, installation, maintenance and servicing of landscaping improvements.

C. GENERAL BENEFIT
Section 4 of the California Constitution Article XIII D provides that once a local agency, which proposes to impose assessments on property, has identified those parcels that will have special benefits conferred upon them and upon which an assessment will be imposed, the local agency must next “separate the general benefits from the special benefits conferred,” and only the special benefits can be included in the amount of the assessment imposed.

Therefore, it has been determined that all improvements provided by the Districts are considered only special benefits for assessment purposes unless otherwise noted. Any portion of the improvements and the costs associated with those improvements determined 2024/2025 Consolidated Report Landscape Maintenance Assessment Districts Page 10

to be a quantifiable general benefit will be funded from other revenue sources and will be excluded from the special benefit assessments.

D. SPECIAL BENEFIT
Section 2(i) of the California Constitution Article XIII D identifies special benefit as, “a particular and distinct benefit over and above the general benefits conferred on real property located in the district or to the public at large. General enhancement of property value does not constitute special benefit.” determining the proportionate special benefit derived by each identified parcel, the proximity of the parcel to the public improvements detailed in Section II.

A., and operating costs of said public improvements, was considered and analyzed. Section 4(a) of the California Constitution Article XIII D states, “No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel. Only special benefits are assessable, and an agency shall separate the general benefits from the special benefits conferred on a parcel.” Due to the close proximity of the parcels to the improvements, it has been demonstrated and determined the parcels are uniquely benefited by, and receive a direct advantage from, and are conferred a particular and distinct special benefit over and above general benefits by, said public improvements in a way that is particular and distinct from its effect on other parcels and that real property in general and the public at large do not share.

Landscaping Benefits
Trees, landscaping, hardscaping, ornamental structures, and appurtenant facilities, if well maintained, confer a particular and distinct special benefit upon real property within each District by providing beautification, shade and positive enhancement of the community character, attractiveness, and desirability of the surroundings. In addition, all of the aforementioned contributes to a specific increase in property desirability and a specific enhancement of the property value of each parcel within each District which confers a particular and distinct special benefit upon the real property within each District.

E. EQUIVALENT BENEFIT UNITS
In order to allocate benefit fairly between the parcels, an Equivalent Benefit Unit (EBU) methodology is proposed which equates all land uses to a single-family residential parcel, thereby allowing a uniform method of assessment.

The following tables by District provide the weighting factors to various land-use types as reported by the most current San Bernardino County Assessor’s Secured Roll, which determines each parcel’s EBU assignment:

LMAD No. 1
EQUIVALENT BENEFITLAND USE NO. OF PARCELS MULTIPLIERUNIT FACTOR

SINGLE-FAMILY RESIDENTIAL

PLANNED SINGLE-FAMILY RESIDENTIAL
TOTAL
1 1
6,215 PER BENEFIT UNIT
33 PER BENEFIT UNIT
6,248
LMAD No. 2

EQUIVALENT BENEFIT
UNIT FACTORLAND USE NO. OF PARCELS MULTIPLIER

SINGLE-FAMILY RESIDENTIAL

PLANNED SINGLE-FAMILY RESIDENTIAL
TOTAL
1 1
1,890 PER BENEFIT UNIT
4 PER BENEFIT UNIT
1,894
LMAD No. 3

EQUIVALENT BENEFIT
UNIT FACTORLAND USE NO. OF PARCELS MULTIPLIER

SINGLE-FAMILY RESIDENTIAL
PARCELS SUBJECT TO 1997 AGREEMENT*
TOTAL
1 1
2,431 PER BENEFIT UNIT
2 PER BENEFIT UNIT
2,433
*Parcels assessed according to provisions of the 1997 Agreement with the City.

LMAD No. 4

EQUIVALENT BENEFIT

UNIT FACTOR
NO. OF

PARCELS
LINEAR

FEETLAND USE MULTIPLIER

DEVELOPED COMMERCIAL

VACANT COMMERCIAL
UNKNOWN or MISC.

TOTALS
1 1
1 22
3 1,590 PER LINEAR FOOT
137 PER LINEAR FOOT
75 PER LINEAR FOOT
1,802
1 26
2024/2025 Consolidated Report Landscape Maintenance Assessment Districts Page 12

LMAD No. 5

EQUIVALENT BENEFIT
UNIT FACTORLAND USE NO. OF PARCELS MULTIPLIER

SINGLE-FAMILY RESIDENTIAL

PLANNED SINGLE-FAMILY RESIDENTIAL
TOTAL
1 1
1,172 PER BENEFIT UNIT
73 PER BENEFIT UNIT
1,245
LMAD No. 6

EQUIVALENT BENEFIT
UNIT FACTORLAND USE NO. OF PARCELS MULTIPLIER

SINGLE-FAMILY RESIDENTIAL

REDUCED SINGLE-FAMILY RESIDENTIAL
TOTAL
1 1
5,325 PER BENEFIT UNIT
1,628 PER BENEFIT UNIT
6,953
LMAD No. 7

EQUIVALENT BENEFIT
UNIT FACTORLAND USE NO. OF PARCELS MULTIPLIER

SINGLE-FAMILY RESIDENTIAL

PLANNED SINGLE-FAMILY RESIDENTIAL
TOTAL
1 1
303 PER BENEFIT UNIT
133 PER BENEFIT UNIT
436
LMAD No. 8

EQUIVALENT BENEFIT
UNIT FACTORLAND USE NO. OF PARCELS MULTIPLIER

SINGLE-FAMILY RESIDENTIAL

PLANNED SINGLE-FAMILY RESIDENTIAL
TOTAL
1 1
668 PER BENEFIT UNIT
827 PER BENEFIT UNIT
1,495
Exempt Properties
Publicly-owned open space including, but not limited to, the parks, recreation fields or other vacant lands are not assessed since the property exists for the benefit of other land uses in the District. Vacant property that cannot be developed for residential, commercial or industrial uses is not assessed. This includes, but is not limited to, public streets, utility easements, rights-of-way, common areas, landlocked parcels and parcels that are too small for development. Additionally, utility rights-of-ways, easements, drainage channels, drainage basins, and parcels that are used solely for the purpose of accessing entry to other parcels, and those parcels that have been vacated by the City that have little to no value and do not benefit from the improvements are also exempted from assessment. 2024/2025 Consolidated Report Landscape Maintenance Assessment Districts Page 13

F. ASSESSMENT RANGE FORMULA
Over time, District budgets may be impacted by inflation. In an effort to minimize this impact on the Districts and ensure the long life of the improvements, an Assessment Range Formula for inflation was included as part of the Maximum Assessment Rate presented to property owners when LMAD No. 5, LMAD No. 6, LMAD No. 7, and LMAD No. 8 were formed. The formula, as described herein, provides for an annual inflationary adjustment to the Maximum Assessment Rate that may be imposed each year without requiring the extensive procedure and cost of balloting for normal operational cost increases. The purpose of establishing an Assessment Range Formula is to provide for reasonable increases and inflationary adjustment to the assessment amounts without requiring costly noticing, mailing, and ballot procedures, which would further increase the assessments.

The Consumer Price Index (CPI), as developed by U.S. Bureau of Labor Statistics (BLS), is used to calculate the annual inflationary adjustment to the Maximum Assessment Rate for each District. Each fiscal year the City shall identify the annual percentage change in the CPI, using the difference over a 12-month period between the current year and of the previous year. This annual percentage change in the CPI is generally established based on the percentage change from January to January as determined by the BLS for urban consumers for the Riverside-San Bernardino-Ontario Areas. This percentage difference shall then be used to establish the increase to the Maximum Assessment Rate. Should the BLS revise such index or discontinue the preparation of such index, the City shall use the revised index or comparable system. For Fiscal Year 2024/2025, the percentage difference from January 2023 to January 2024 is 2.88%.

No Cost Inflator
An Assessment Range Formula was not included when LMAD No. 1, LMAD No. 2, LMAD No. 3, and LMAD No. 4 were formed. The maximum allowable assessment for these Districts shall not be increased without the noticing and balloting requirements and other applicable provisions of Article XIII D of the California State Constitution (Proposition 218.) In 2015 Majority Protest balloting procedures were held to add an annual cost inflator to LMAD No. 1, LMAD No. 2, and LMAD No. 3, per Resolution 15-006 and 15-028, but failed on July 21, 2015. As such, the administration, operations and maintenance, and servicing activities of the landscaping within the Districts have been limited adhering to budget constraints, and may be further reduced in the future.

The following table summarizes the Fiscal Year 2024/2025 maximum allowable assessment rates for each District:

FY 2024/2025FY 2023/2024 MAXIMUM
ASSESSMENT RATE per
EBU
FY 2024/2025
PERCENT (%)

INCREASE

MAXIMUM

ASSESSMENT RATE
per EBU

DISTRICT
LMAD No. 1 $28.14
$147.33
$69.38

0.00%

2.88%

2.88%
$28.14
LMAD No. 2
LMAD No. 3
LMAD No. 4
LMAD No. 5
LMAD No. 6
LMAD No. 7
LMAD No. 8
$147.33
$69.38
$1.64$1.64
$158.07
$168.63
$122.89
$192.67
$162.61
$173.48
$126.42
$198.21
2024/2025 Consolidated Report Landscape Maintenance Assessment Districts Page 14

The Maximum Assessment Rate has been recalculated for the Districts with an Assessment Range Formula, as described above, and a new Maximum Assessment Rate established for the fiscal year. The Maximum Assessment Rate shall be calculated independent of the District’s annual budget and proposed assessment. Any proposed annual assessment (rate per EBU) less than or equal to the Maximum Assessment Rate is not considered an increased assessment, even if the proposed assessment is significantly greater than the assessment applied in the prior fiscal year. Modifications to the method of apportionment that increase the proportional special benefit assigned to a particular land use classification would be considered an increased assessment. Conversely, reductions in the proportional special benefit assigned to a land use classification is permitted. Changes in land use or size of an individual property resulting in an assessment increase, are not considered an increased assessment.

The following tables summarize the Fiscal Year 2024/2025 proposed assessment rate, Maximum Assessment Rate, and the anticipated total assessment for each District:

LMAD No. 1 City Wide

EQUIVALENT

BENEFIT
UNITS

MAXIMUM

ASSESSMENT
RATE

ASSESSMENT
RATE
TOTAL

ASSESSMENTLAND USE

SINGLE-FAMILY RESIDENTIAL

PLANNED SINGLE-FAMILY RESIDENTIAL
TOTALS
6,215 $28.14
$1.00
$28.14
$1.00
$174,890.10
$33.0033
6,248 $174,923.10
LMAD No. 2 Eagle Ranch

EQUIVALENT

BENEFIT
UNITS

MAXIMUM

ASSESSMENT
RATE

ASSESSMENT
RATE
TOTAL

ASSESSMENTLAND USE

SINGLE-FAMILY RESIDENTIAL

PLANNED SINGLE-FAMILY RESIDENTIAL
TOTALS
1,890 $147.33
$1.00
$147.33 $278,453.70

4.004 $1.00
1,894 $278,457.70
LMAD No. 3 Brentwood

EQUIVALENT

BENEFIT
UNITS

MAXIMUM

ASSESSMENT
RATE

ASSESSMENT
RATE
TOTAL

ASSESSMENTLAND USE

SINGLE-FAMILY RESIDENTIAL
PARCELS SUBJECT TO 1997 AGREEMENT*
TOTALS
2,431 $69.38
N/A
$69.38 $168,662.78
6,799.242 $6,799.24
2,433 $175,462.02
*Per the 1997 Agreement parcel 310423101 is assessed $$2,358.92 and parcel 3102312 is assessed $4,440.32 annually, for a total of $6,799.24.

LMAD No. 4 Old Town

EQUIVALENT

BENEFIT
UNITS

MAXIMUM

ASSESSMENT
RATE

ASSESSMENT
RATE
TOTAL

ASSESSMENTLAND USE

DEVELOPED COMMERCIAL

VACANT COMMERCIAL
UNKNOWN or MISC.

TOTALS
1,590 $1.64
$1.64
$1.64
$1.64 $2,607.60
224.68137
75 $1.64
$1.64 123.00
1,802 $2,955.28
2024/2025 Consolidated Report Landscape Maintenance Assessment Districts Page 15

LMAD No. 5 Vista Verde

EQUIVALENT

BENEFIT
UNITS

MAXIMUM

ASSESSMENT
RATE

ASSESSMENT
RATE
TOTAL

ASSESSMENTLAND USE

SINGLE-FAMILY RESIDENTIAL

PLANNED SINGLE-FAMILY RESIDENTIAL
TOTALS
1,172 $141.84
$1.00
$162.61 $166,236.48

73.0073 $1.00
1,245 $166,309.48
LMAD No. 6 City Wide II

EQUIVALENT

BENEFIT
UNITS

MAXIMUM

ASSESSMENT
RATE

ASSESSMENT
RATE
TOTAL

ASSESSMENTLAND USE

SINGLE-FAMILY RESIDENTIAL

REDUCED SINGLE-FAMILY RESIDENTIAL
TOTALS
5,325 $144.70
$1.00
$173.48 $770,527.50
1,628.001,628
6,953
$1.00
$772,155.50
LMAD No. 7 Talon Ranch

EQUIVALENT

BENEFIT
UNITS

MAXIMUM

ASSESSMENT
RATE

ASSESSMENT
RATE
TOTAL

ASSESSMENTLAND USE

SINGLE-FAMILY RESIDENTIAL

PLANNED SINGLE-FAMILY RESIDENTIAL
TOTALS
303 $105.45
$1.00
$126.42 $31,951.35
133.00133
436
$1.00
$32,084.35
LMAD No. 8 West Creek

EQUIVALENT

BENEFIT
UNITS

MAXIMUM

ASSESSMENT
RATE

ASSESSMENT
RATE
TOTAL

ASSESSMENTLAND USE

SINGLE-FAMILY RESIDENTIAL

PLANNED SINGLE-FAMILY RESIDENTIAL
TOTALS
668 $165.32
$1.00
$198.21 $110,433.76
827.00827 $1.00
1,495 $111,260.76
2024/2025 Consolidated Report Landscape Maintenance Assessment Districts Page 16

IV. DISTRICT BUDGET
A. DESCRIPTION OF BUDGET ITEMS
Utilities
Electricity – Provides electricity to the irrigation systems within the District.

Water – Provides water for the landscaping, trees, and shrubs within the District.

Telephone – Furnishes the cost for the communication cell service and landlines of the irrigation system within the District.

County Fees – County Auditor / Controller charge for placing assessments on property tax bills.

Maintenance
Maintenance Staff Salary & Benefits – Funds the costs of City employees dedicated to the operations and maintenance, and servicing, of the District.

Contract Services – Furnishes the contractual costs associated with the company providing the operations and maintenance, and servicing, of the District.

Deferred Maintenance – Maintenance projects or maintenance activities that have been delayed or postponed due to lack of funds. They will be completed as time and assessment collections permit.

Grounds Maintenance - Funds the costs associated with the purchasing of materials and supplies of the District, such as plant material, fertilizer, stakes, concrete repair, etc.

Irrigation Maintenance – Funds the costs associated with the irrigation materials and facilities of the District, such as controller, valves, bubbler, sprinkler heads, irrigation pipe, etc.

Infrastructure Repairs– Funds block wall repairs.

Vehicles and Equipment – Funds the costs for maintaining, repairing and fueling City vehicles used during the maintenance of improvements within the District.

Building Maintenance – Funds the costs to maintain structure and ground area.

Tools and Small Equipment – Funds the costs of small tools and equipment used in the process of maintaining the District improvements.

Contribution/Collection/Balances
Reserve Collection/Contribution – Amounts collected for Operating or CIP reserve uses or credited (from) the Operating or CIP Funds.

Operating Fund Balance – Balance of remaining funds. Operating Reserves are used for upfront maintenance expenses until county apportionment is received.

Contingency Infrastructure Replacement – Funds set aside for urgent or emergency replacement or repair of major infrastructure improvements.

Equivalent Benefit Unit – The total Equivalent Benefit Units within the Districts applied to the parcels based on land use classification.

Maximum Assessment Rate – This is the rate per EBU approved by property owners, in accordance with Proposition 218, adjusted by the CPI as described above.

A variance may be seen between the Assessment Rate and the Maximum Assessment Rate.

The variance occurs because the Special Assessments required to meet expenses for the current fiscal year are below the maximum level.
2024/2025 Consolidated Report Landscape Maintenance Assessment Districts Page 18

CIP Plan
The LMAD Capital Improvement Plans consists of projects planned for the next five (5) years.

The budgeted funds for these projects are assessed and held in the CIP reserve fund to pay for large-scale capital projects. The City’s five (5) year plan is shown below.

Project Description
CDBG Grant Nisqualli Rd
Eagle Ranch Play ground Equipment Pocket Park
LMAD 3 Paseo Beautification
No Projects Planned
Luna and 395 Replanting
Ridge Crest Replanting and Rock
Nisqualli and 9th Replanting
Third and Burwood Replanting
Third and Denham Replanting
Second and Hastings Replanting
Nisqualli and San Juan Replanting
second and Jasmine Replanting
Arrowhead and Ottawa Replanting
Village and Amargosa Replanting
Mojave and Ferndale Replanting
Rancho Replanting
FY 2023/24
$93,000
FY 2024/25 FY 2025/26 FY 2026/27 FY 2027/28
LMAD 1
LMAD 2
LMAD 3
LMAD 4
LMAD 5
LMAD 6
$100,000
$50,000
$66,500
$93,000
$7,500
$6,650
$14,450
$4,450
$14,275
$1,825
$31,200
$11,600
$15,900
$4,375
Amethyst and Hook Replanting
Dos Palmas and Monte Vista Replanting
Bear Valley and Pena Replanting
Richmond and Sequoia Replanting
Sycamore and Mesa Linda Replanting
La Mesa/Mesa Linda/Cantina Replanting
Topaz and Luna Replanting
$28,400
$29,400
$23,900
$20,500
$23,560
$10,900
$49,160
$12,200
$4,600
Dos Palmas and Cool Water Replanting
Helena Replanting
Landscape Improvements $54,943
LM AD No. 6 Total $54,943 $128,000 $105,625 $97,360 $76,860 LMAD 7
LMAD 8
No Projects Planned
West Creek - Drainage Channel Misc. Asphalt Repairs $61,560 2024/2025 Consolidated Report Landscape Maintenance Assessment Districts Page 19

B. LMAD BUDGETS
DESCRIPTION LMAD No. 1
$5,000
85,000
4,600
$94,600
$2,461
6,500
LMAD No. 2
$4,500
85,000
6,025
$95,525
$2,438
1,500
$3,938
$4,843
126,450
5,000
19,600
4,000
LMAD No. 3
$2,500
55,000
4,745
$62,245
$2,381
1,500
LMAD No. 4
$200
1,000
300
$1,500
$0
LMAD No. 5 LMAD No. 6 LMAD No. 7
$300
5,000
800
$6,100
$4,819
1,000
$5,819
$6,828
1,525
0 1,500
0 0
0 500
$10,353
$22,272
$131
6,581
$28,984
3,100
$32,084
LMAD No. 8
$200UTILITIES-ELECTRICITY

UTILITIES-WATER
USAGE

TELEPHONE

UTILITIES SUB-TOTAL

CITY ADMINISTRATION

CONSULTING SERVICES
$200
4,000
750
$5,000
140,000
9,875
$154,875
$83,856
6,500
$90,356
$203,497
529,650
12,000
25,100
1,750
$27,050
$20,610
1,500
$22,110
$45,312
23,775
950
3,500
200
0 0
500
$74,237
$123,397
$449
40,515
$164,360
(53,100)
$111,261
$4,950
$8,396
1,500
$9,896
$9,605
52,150
12,350
5,340
0 $0
$0
85 0
100
0 0
0 ADMINISTRATION SUB-TOTAL

MAINTENANCE STAFF SALARY AND

BENEFITS

CONTRACT SERVICES
$8,961
$2,726
18,525
4,050
$3,881
$7,837
80,925
2,100
10,000
0 GROUNDS

MAINTENANCEIRRIGATION MAINTENANCE

INFRASTRUCTURE REPAIRS

VEHICLES AND EQUIPMENT

TOOLS AND SMALL

EQUIPMENT

VANDALISM/ACCIDENTS
8,580 30,000
12,000
16,500
7,500
0 0
0 5,000
7,300
2,000
0 100
100
0 5,000 10,000
$169,993
$269,456
$568
106,207
$376,231
(97,774)
$278,458
15,000
$115,962
$182,088
$730
71,283
$254,101
(78,639)
$175,462
0 15,000
$108,745
$123,591
$374
45,513
$169,566
(3,256)
$166,309
50,000

MAINTENANCE SUB-TOTAL

CITY EXPENDITURE BUDGET SUB-
TOTAL

COUNTY FEES
$38,881
$142,442
$1,874
53,392
$197,709
(22,786)
$174,923
$185
$1,685
$541
674
$2,900
56 $861,147
$1,106,378
$2,086
406,409
$1,514,832
(742,717)
$772,156

DEFERRED

MAINTENANCELMAD EXPENDITURE SUB-TOTAL

RESERVE

COLLECTION/CONTRIBUTION

BALANCE TO LEVY
$2,955

FUND BALANCE
ESTIMATED BEGINNING OPERATING FUND BALANCE July
1, 2024

COLLECTIONS (CONTRIBUTIONS)
ESTIMATED ENDING OPERATING FUND BALANCE June 30,
2025
$121,640
(22,786)
$98,854
$285,889
(97,774)
$188,116
$205,689
(78,639)
$127,050
$1,394
56 $1,450
$88,039
(3,256)
$84,783
$1,500,154
(742,717)
$757,463
$11,392
3,100
$14,492
$135,280
(53,100)
$82,180

ESTIMATED BEGINNING CIP FUND BALANCE JULY
1, 2024
FY 2024/2025 BUDGETED CIP EXPENDITURES

CONTINGENCY INFRASTRUCTURE REPLACEMENT
ESTIMATED ENDING CIP BALANCE JUNE 30, 2025
FY 2024/25 ASSESSMENT
$9,933
0 $179,936
0 (8,997)
$170,939
$278,458
1,890
$226,891
(50,000)
(11,345)
$165,546
$175,462
2,431
$7,357
0 $1,695,759
0 (84,788)
$1,610,971
$166,309
1,172
$2,265,238
(128,000)
(113,262)
$2,023,977
$772,156
5,325
$32,438
0 (1,622)
$30,816
$32,084
303
$249,928
0 (12,496)
$237,432
$111,261
668
(1,500)
$8,433
$174,923
6,215
33 (1,500)
$5,857
$2,955
1,665
137
Equivalent Benefit Units-Built
Equivalent Benefit Unit-Not Built 4 2 73 1,628 133 827
FY 2024/25 Assessment Rate
FY 2024/25 Assessment Rate Not Built
Max. Allowable Assessment per Benefit Unit
Max. Allowable Assessment per Benefit Unit-Not Build
Out
$28.14
N/A
$28.14
$1.00
$147.33
N/A
$147.33
$1.00
$69.38
Varies
$69.38
Varies
$1.64
$1.64
$1.64
$1.64
$141.84
$1.00
$162.61
$1.00
$144.70
$1.00
$173.48
$1.00
$105.45
$1.00
$126.42
$1.00
$165.32
$1.00
$198.21
$1.00
2024/2025 Consolidated Report Landscape Maintenance Assessment Districts Page 20

V. DISTRICT BOUNDARY MAPS
2024/2025 Consolidated Report Landscape Maintenance Assessment Districts Page 21

2024/2025 Consolidated Report Landscape Maintenance Assessment Districts Page 22

2024/2025 Consolidated Report Landscape Maintenance Assessment Districts Page 23

2024/2025 Consolidated Report Landscape Maintenance Assessment Districts Page 24

2024/2025 Consolidated Report Landscape Maintenance Assessment Districts Page 25

2024/2025 Consolidated Report Landscape Maintenance Assessment Districts Page 26

2024/2025 Consolidated Report Landscape Maintenance Assessment Districts Page 27

2024/2025 Consolidated Report Landscape Maintenance Assessment Districts Page 28

VI. ASSESSMENT ROLL
The proposed assessment amounts for fiscal year 2024/2025 for the Districts are hereby incorporated in this report. Parcel identification, for each lot or parcel identification for each lot or parcel within the District shall be the Assessor Parcel Numbers as shown on the San Bernardino County Assessor's map.

The listing of parcels and the amount of assessment to be levied shall be submitted to the County Auditor/Controller and included on the property tax roll for each parcel in fiscal year 2024/2025.

If any parcel submitted for assessment is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, a corrected parcel number and/or new parcel numbers will be identified and resubmitted to the County Auditor/Controller. The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rate approved in this Report. Therefore, if a single parcel has changed to multiple parcels, the assessment amount applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate. 2024/2025 Consolidated Report Landscape Maintenance Assessment Districts Page 29

City of Victorville
Consolidated Report
Drainage Facilities Assessment
Districts Nos. 1, 2, & 3
2024/2025 ENGINEER’S REPORT
Intent Meeting: June 18, 2024
Public Hearing: July 16, 2024
27368 Via Industria
Suite 200
Temecula, CA 92590
T 951.587.3500 | 800.755.6864
F 951.587.3510
www.willdan.com

ANNUAL PRELIMINARY ENGINEER'S REPORT AFFIDAVIT
Consolidated Report
Drainage Facilities Assessment Districts Nos. 1, 2, & 3 City of Victorville
San Bernardino County, State of California
This Report describes Drainage Facilities Assessment Districts Nos. 1, 2, and 3 therein including the improvements, budgets, parcels, and proposed assessments to be levied for fiscal year 2024/2025, as they existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the San Bernardino County Assessor’s maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the City Council.

Dated this ______ day of____________, 2024.

By: _____________________________
Fredy A. Bonilla, PE
City Engineer
R.C.E No.70349
By: ________________________________
Michelle Laase
By: ____________________________
Tyrone Peter, PE # C81888
Willdan Financial Services
Assessment Engineer
Willdan Financial Services
Project Manager
I HEREBY CERTIFY the enclosed Engineer’s Report, together with Assessment Roll and Assessment Diagram thereto attached, was filed with me on the _____day of________, 2024.

By: ____________________________
City Clerk, City of Victorville
County of San Bernardino, California

TABLE OF CONTENTS
I. OVERVIEW..........................................................................................................1 A. INTRODUCTION............................................................................................................ 1 B. HISTORICAL BACKGROUND....................................................................................... 2 PLANS AND SPECIFICATION............................................................................4 A. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT ................................................... 4 B. DESCRIPTION OF IMPROVEMENTS TO BE MAINTAINED AND SERVICED............. 5 C. DRAINAGE FACILITIES ASSESSMENT DISTRICT BOUNDARIES............................. 6 METHOD OF APPORTIONMENT........................................................................9 A. CODE SECTION............................................................................................................ 9 B. REASON FOR THE ASSESSMENT.............................................................................. 9 C. GENERAL BENEFIT...................................................................................................... 9 D. SPECIAL BENEFIT.......................................................................................................10 E. EQUIVALENT BENEFIT UNITS....................................................................................10 F. ASSESSMENT RANGE FORMULA .............................................................................11 DISTRICT BUDGETS ........................................................................................ 14 A. DESCRIPTION OF BUDGET ITEMS ............................................................................14 B. DFAD BUDGETS..........................................................................................................17 DISTRICT BOUNDARY MAPS.......................................................................... 15 ASSESSMENT ROLLS...................................................................................... 18 II.

III.

IV.

VI.

I. OVERVIEW
A. INTRODUCTION
The City of Victorville (City) Drainage Facilities Assessment Districts (“DFADs” or the “Districts”) annually levy and collect special assessments in order to maintain landscape improvements in and around drainage facilities within the Districts. These improvements are located within three (3) Drainage Facilities Assessment Districts identified as Nos. 1, 2, and 3 established pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the “1972 Act”).

This Engineer’s Report (Report) describes the DFADs therein, annexations, any changes to the Districts, and the proposed assessments for Fiscal Year 2024/2025. The proposed assessments presented in this Report are based on the historical and estimated costs to maintain the improvements that provide special benefits to properties within the Districts therein. The costs of improvements and the annual levy include the expenditures, deficits, surpluses, revenues, and reserves associated with those improvements. Each parcel is assessed proportionately for only those improvements provided and for which the parcel receives benefits.

After the initial approval of the preliminary Report, the City Council shall adopt the Resolution of Intention which declares its intent to levy and collect assessments within the Districts, which includes a description of the improvements, the maintenance and servicing of those improvements, refers to the assessment Districts by their distinctive designations, may refer to the Report for the details of the Districts , and sets the time and place for a public hearing on the levy of the proposed annual assessments.

Following final approval of the Report and confirmation of the assessments, the City Council may order the levy and collection of assessments for Fiscal Year 2024/2025 pursuant to the 1972 Act. In such case, the assessment information will be submitted to the County of San Bernardino Auditor-Controller and included on the property tax roll for each benefiting parcel for Fiscal Year 2024/2025.

B. HISTORICAL BACKGROUND
The residential subdivision improvement plans for the tracts within each District were submitted to the City by developers and were approved with certain conditions. One such condition required a means to fund the perpetual maintenance of the landscaped drainage facilities within the public right-of ways and dedicated easement areas. In order to meet this condition, the developer, as sole-owner of the subdivision property, petitioned the City to form an assessment district. The Districts were then formed by City Council Resolutions in accordance with the Landscape and Lighting Act of 1972 (hereinafter called “Act”), which is Part 2, Division 15 of the California Streets and Highways Code, in order to provide a funding source for the administration, operations and maintenance, and servicing of the landscape improvements in the District. Each parcel within the subdivision is assessed at a rate equitable to the budget, not exceeding the maximum allowable rate as identified in section III.F of this report. Future improvement parcels are assessed $1.00 annually until such a time the improvements are constructed.

DFAD No. 1 (City Wide)
In 2003, Drainage Facilities Assessment District No. 1 (hereinafter “DFAD No. 1” or the “District”), was formed by Resolutions 03-046, 03-047, 03-048 and 03-049. There are thirty- five (35) tracts, and several unimproved parcels of vacant land in the District. Existing drainage facilities improvements include detention basins, drainage channels and perimeter landscaping that is located throughout the City.

In fiscal year 2022/2023 Tract No. 20275, located at the southeast corner of Monte Vista Road and Luna Road, was annexed to DFAD No. 1.

In fiscal year 2023/2024 Tract 18980, located north of Silica Road and west of Second Avenue, and Tract 20280 were annexed to DFAD No. 1.
2024/2025 Consolidated Report Drainage Facilities Assessment Districts Page 2

DFAD No. 2 (Vista Verde)
In 2003, Drainage Facilities Assessment District No. 2 (hereinafter “DFAD No 2” or the “District”), was formed by Resolutions 03-149, 03-150, and 03-151. There are eleven (11) tracts, two (2) vacant parcels, and other territory in the District which includes drainage facilities improvements of 173,865 square feet of detention basin and perimeter maintenance area that are located within the Vista Verde Specific Plan.

DFAD No. 3 (West Creek)
In 2005, Drainage Facilities Assessment District No. 3 (hereinafter “DFAD No. 3” or the “District”), was formed by Resolutions 05-077 and 05-078. There are seventeen (17) Tracts in the District and drainage facilities improvements are 435,456 square feet including paseo channel and access road located within.
2024/2025 Consolidated Report Drainage Facilities Assessment Districts Page 3

II. PLANS AND SPECIFICATION
A. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT
As applicable or may be applicable to this District, the 1972 Act defines improvements to mean one or any combination of the following:

The installation or planting of landscaping.

The acquisition of land for park, recreational, or open-space purposes.

The acquisition of any existing improvement otherwise authorized pursuant to this section.

Costs associated with any elections held for the approval of a new or increased assessment.

The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.
2024/2025 Consolidated Report Drainage Facilities Assessment Districts Page 4

B. DESCRIPTION OF IMPROVEMENTS TO BE MAINTAINED AND SERVICED The Districts and assessments provide for the continued maintenance, servicing, administration and operation of landscape and lighting areas and associated appurtenances in and around the drainage facilities within each of the three (3) Districts.

The improvements located in the drainage facilities of the Districts generally include but are not limited to; drainage basins, channels, access roads, pumps, railing, block wall, chain link fence, structures, landscaping, irrigation systems, electric, water, landline and cell service utilities, lighting, signage, and hardscape, such as rock, decomposed granite, soil, asphalt, cement, curbing, etc.

It has been determined that the assessed parcels within each District receive special benefits from various landscape and lighting improvements that may include, but are not limited to:

Regular inspections and review of improvement areas;
Vegetation management
Landscaping, cultivating, irrigating, fertilizing, spraying, and trimming for manicured plants health, growth, and beauty;

Embankment and outlet stabilization;
Sediment/pollution removal;
Debris and litter control;
Removal of plant trimmings, debris, trash, and other solid waste; Graffiti removal on walls and other improvements by sandblasting, cleaning, and painting; Pest and weed control;
Repair, removal, or replacement of any of the improvements; Grading, clearing, removing debris, constructing, installing, or paving parking lots, walkways, sidewalks, basins, channels, other hardscape, water, irrigation, drainage, or electrical facilities;

Electricity for lighting and irrigation improvements;
Water for landscaping irrigation or maintenance of improvements.

Enhanced adaptation of the urban environment within the natural environment from adequate green space and landscaping.
2024/2025 Consolidated Report Drainage Facilities Assessment Districts Page 5

Environmental enhancement through improved erosion resistance, dust and debris control and reduced noise and air pollution.

Increased sense of pride in ownership of property resulting from well-maintained improvements associated with the properties.

Reduced vandalism and criminal activity resulting from well-maintained surroundings and amenities.
The special enhancements of the properties that result from the above benefits.

C. DRAINAGE FACILITIES ASSESSMENT DISTRICT BOUNDARIES
DFAD No. 1 (City Wide)
The following table lists the residential subdivision tracts and location of the subdivisions that make up the District boundaries. The boundary of the District follows the boundaries of each tract.

TRACT LOCATION (City-
Wide)
13816 Mojave Dr to the south, Camino Valle Way to the north, between Diamond Rd and Cobalt Rd
14132
14623
West of 3rd Ave between Talpa St and Ottawa
St
West of 6th Ave between Homoa Rd and Ottawa
St
14721 South of Bear Valley Rd at Mesa View Dr , Sierra Rd and Rena Rd South Bear Valley Rd between Mesa View Dr and Pena Rd
South of Tract 14751 on Bear Valley Rd and between Mesa View Dr and Pena Rd
South of Dos Palmas Rd and west of Foxborough Way at Fox Point Rd South of Eucalyptus St
14751
14992
15186
15297
16063 At High Crest St and Hill Crest St and Park Glen and Ridgecrest Rd
South of Tawney Ridge Ln at Diamond Rd, Cobalt Rd and Hook Blvd
North of Far Hills Rd at Queensbury Rd
16463
16677
16713 South of Dos Palmas Rd, north of Rafael Way, between Amethyst Rd and Foxborough Way
South of Dos Palmas Rd west of Bellflower St
16847
16853 West of Mesa View St north of Luna
Rd
16894 South of Mojave Dr, north of Versaille St, between Onyx Rd and Topaz Rd
South of Hopland, west of El Evado, north of Tawney Ridge Ln and east of C ordov a Rd (Las
Haciendas)
16939 through 16944
2024/2025 Consolidated Report Drainage Facilities Assessment Districts Page 6

TRACT LOCATION (City-
Wide)
South of Palmdale Rd at Monte Vista and Verbena Rds
17042
West of Mesa View St, South of La Mesa Rd, North of Nyack Rd, at McCord Ln, Trent Pl, Tery n
Ct, and Iverson St
17090
17157
17163
17179
17238
17316
17435
17661
17692
18980
20274
20275
20280
South of Mojave Dr at Diamond Rd, Cobalt Rd, and Topaz
Rd.

South of Mojave Dr at Diamond Rd, Cobalt Rd, and Topaz
Rd.

At Pablo C t, east of Arrowhead DrBetween Burwood St and Silica Dr at 5th Ave
Dalmatian Way, Alpaca Lane, and McCaw Way, east of Seventh Ave
Monte Vista Rd, Nyack Rd, Olivine and Verbena Rds
North of Dos Palmas Rd at Del Cerro St
South of Tawney Ridge Ln at Ferndale
Rd
North of Silica Road and west of Second Av enue
North of Eucalyptus St, east of Amethyst Rd, south of
Sycamore St.

Southeast corner of Monte Vista Road and Luna Road
South of Hopland Street and east of Cahuenga Road
2024/2025 Consolidated Report Drainage Facilities Assessment Districts Page 7

DFAD No. 2 (Vista Verde)
The following table lists the residential subdivisions, or tracts, within each subdivision, and the location of the subdivision that make up the District boundaries. The boundary of the District follows the boundaries of each tract.

TRACTS LOCATION (Vista Verde Specific Plan
Area)
3109, 1612, 7418, 15152 West of improved tracts to Bellflower Rd and south of La Mesa Rd
16107-1, 2
16138-1, 2, 3, 4
16507
South of Luna Rd between Hwy 395 and Mesa View
Rd
West of Hwy 395, south of Dos Palmas Rd, east of Mesa View Rd and north of Luna Rd
South of Luna Rd between Mesa View Rd and Fremontia Rd
South of Tract 16507 at Luna Rd west of Mesa View Rd
16536
16717 North of Dos Palmas Rd at Fuchsia Ln, Barrington St, and Mesa View Rd
Near 16138, at Bella Pine Rd, Bryce Ct, and Fern Hollow Way Northwest of La Mesa and Pena Rd to Hwy 395
16741
16774
DFAD No. 3 (West Creek)
The following table lists the residential subdivisions, or tracts, within each subdivision, and the location of the subdivision that make up the District boundaries. The boundary of the District follows the boundaries of each tract.

TRACTS
17083
LOCATION (West Creek)
North of Hook Blvd, south of Mojav e Dr and west of
Brucite Rd
17111 though 17116
17130 through 17135
17309 through 17311
17986-1 & -2
North of Mojave Dr, south of Tawney Ridge Ln, west of Amethyst Rd, and east of Cobalt Rd
South of Mojave Dr, west of Brucite Rd, east of Diamond Rd, north of Hook Blvd North of Tawney Ridge Ln, south of Hopland St, between Cobalt Rd and Falling Star St
North of tract 17112, south of tract 17115, near Flaming Arrow Pl, and Nipomo Way 2024/2025 Consolidated Report Drainage Facilities Assessment Districts Page 8

B. REASON FOR THE ASSESSMENT
The assessment is proposed to be levied to defray the costs of the acquisition, installation, maintenance and servicing of landscaping and lighting improvements.

C. GENERAL BENEFIT
Section 4 of Article XIII D provides that once a local agency, which proposes to impose assessments on property, has identified those parcels that will have special benefits conferred upon them and upon which an assessment will be imposed, the local agency must next “separate the general benefits from the special benefits conferred,” and only the special benefits can be included in the amount of the assessment imposed.

It has been determined that in most cases, the benefits conferred on other properties or to the public at large is more general in nature and are not considered special benefits. For example, the proper maintenance of landscaping and landscape appurtenant facilities within the Districts control dust from blowing onto properties within the Districts but may also indirectly control dust from blowing onto properties outside of the Districts. The spraying and treating of landscaping for disease reduces the likelihood of insect infestation and other diseases spreading to landscaping throughout the Districts, but also reduces the likelihood that other properties would be affected. In addition, the proper maintenance of landscaping and landscape ornamental structures provides a positive visual experience to persons passing by the Districts. Although these examples could be considered benefits, they are clearly incidental benefits conferred by the proper maintenance of the improvements and not a direct and special benefit to any properties other than those for which the improvements are maintained. The improvements in the Districts create a common landscape theme and neighborhood identity for the parcels within each residential subdivision. Only the parcels which are within the residential subdivisions will be assessed. Accordingly, there is a direct physical and visual nexus between the parcels being assessed and the funding of the improvements that does not exist for those parcels outside of the District boundaries. Therefore, it has been determined that all improvements provided by the Districts are considered only special benefits for assessment 2024/2025 Consolidated Report Drainage Facilities Assessment Districts Page 9

purposes unless otherwise noted. Any portion of the improvements and the costs associated with those improvements determined to be a quantifiable general benefit will be funded from other revenue sources and will be excluded from the special benefit assessments.

D. SPECIAL BENEFIT
Section 2(i) of Article XIII D identifies special benefit as, “a particular and distinct benefit over and above the general benefits conferred on real property located in the district or to the public at large. General enhancement of property value does not constitute special benefit.” determining the proportionate special benefit derived by each identified parcel, the proximity of the parcel to the public improvements detailed in Section II. A., and operating costs of said public improvements, was considered and analyzed. Section 4(a) of Article XIII D states, “No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel. Only special benefits are assessable, and an agency shall separate the general benefits from the special benefits conferred on a parcel.” Due to the close proximity of the parcels to the improvements, it has been demonstrated and determined the parcels are uniquely benefited by, and receive a direct advantage from, and are conferred a particular and distinct special benefit over and above general benefits by, said public improvements in a way that is particular and distinct from its effect on other parcels and that real property in general and the public at large do not share.

In The Economic Value of Trees in Urban Areas, written by Phillip Killicoat, Eva Puzio and Randy Stringer in 2002, it is stated:
“Increased property values, increased tax revenues, increased income levels, faster real estate sales turn-over rates, shorter unoccupied periods…have all been linked to tree and landscape presence.”
E. EQUIVALENT BENEFIT UNITS
In order to allocate benefit fairly between the parcels, an Equivalent Benefit Unit (EBU) methodology is proposed which equates all land uses to a single-family residential parcel, thereby allowing a uniform method of assessment.

The following tables by District provide the weighting factors to various land-use types and parcel sizes as reported by the most current year’s San Bernardino County Assessor’s Secured Roll, which determines each parcel’s EBU assignment:

DFAD No. 1 (City Wide)

EQUIVALENT

BENEFIT

UNIT FACTOR
NO. OF

PARCELSLAND USE MULTIPLIER
SINGLE-FAMILY RESIDENTIAL 1
1 2,008 PER BENEFIT UNIT
1,063 PER BENEFIT UNITPLANNED SINGLE-FAMILY RESIDENTIAL TOTALS 3,071
DFAD No. 2 (Vista Verde)

EQUIVALENT

BENEFIT

UNIT FACTOR
NO. OF

PARCELSLAND USE MULTIPLIER
SINGLE-FAMILY RESIDENTIAL 1
1 1,158 PER BENEFIT UNIT
88 PER BENEFIT UNITPLANNED SINGLE-FAMILY RESIDENTIAL
TOTALS 1,246
DFAD No. 3 (West Creek)

EQUIVALENT

BENEFIT

UNIT FACTOR
NO. OF

PARCELSLAND USE MULTIPLIER
SINGLE-FAMILY RESIDENTIAL 1
1 668 PER BENEFIT UNIT
827 PER BENEFIT UNITPLANNED SINGLE-FAMILY RESIDENTIAL
TOTALS 1,495
Exempt Properties
Publicly owned open space including, but not limited to, the parks, recreation fields or other vacant lands are not assessed since the property exists for the benefit of other land uses in the City and the District. Vacant property that cannot be developed for residential, commercial or industrial uses is not assessed. This includes, but is not limited to, public streets, utility easements, rights-of-way, common areas, landlocked parcels and parcels that are too small for development. Additionally, utility rights-of-ways, easements, drainage channels, drainage basins, and parcels that are used solely for the purpose of accessing entry to other parcels, and those parcels that have been vacated by the City that have little to no value and do not benefit from the improvements are also exempted from assessment.

F. ASSESSMENT RANGE FORMULA
Over time, District budgets may be impacted by inflation. In an effort to minimize this impact on the Districts and ensure the long life of the improvements, an Assessment Range Formula for inflation was included as part of the Maximum Assessment Rate presented to property owners when the Districts were formed. The formula, as described herein, provides for an annual inflationary adjustment to the Maximum Assessment Rate that may be imposed each year without requiring the extensive procedure and cost of balloting for normal operational cost increases. The purpose of establishing an Assessment Range Formula is to provide for reasonable increases and inflationary adjustment to the assessment amounts without requiring costly noticing, mailing, and ballot procedures, which would further increase the assessments. 2024/2025 Consolidated Report Drainage Facilities Assessment Districts Page 11

The Consumer Price Index (CPI), as developed by U.S. Bureau of Labor Statistics (BLS), is used to calculate the annual inflationary adjustment to the Maximum Assessment Rate for each District. Each fiscal year the City shall identify the annual percentage change in the CPI, using the difference over a 12-month period between the current year and of the previous year. This annual percentage change in the CPI is generally established based on the percentage change from January to January as determined by the BLS for urban consumers for the Riverside-San Bernardino-Ontario Area. This percentage difference shall then be used to establish the increase to the Maximum Assessment Rate. Should the BLS revise such index or discontinue the preparation of such index, the City shall use the revised index or comparable system. For Fiscal Year 2024/2025, the percentage difference from January 2023 to January 2024 is

2.88%.

The table below summarizes the Fiscal Year 2024/2025 Maximum Assessment Rate increases:

FY 2023/2024

MAXIMUM

ASSESSMENT RAT E
FY 2024/2025
PERCENT (%)

INCREASE
FY 2024/2025

MAXIMUM

ASSESSMENT RATE

DISTRICT
DFAD No. 1
DFAD No. 2
DFAD No. 3
$238.01
$69.64
$150.19

2.88%

2.88%
$244.86
$71.64
$154.51
The Maximum Assessment Rate has been recalculated and a new Maximum Assessment Rate established for the fiscal year utilizing the Assessment Range Formula described above. The Maximum Assessment Rate shall be calculated independent of the District’s annual budget and proposed assessment. Any proposed annual assessment (rate per EBU) less than or equal to the calculated (adjusted) Maximum Assessment Rate is not considered an increased assessment, even if the proposed assessment is significantly greater than the assessment applied in the prior fiscal year. Modifications to the method of apportionment that increase the proportional special benefit assigned to a particular land use classification would be considered an increased assessment. Conversely, reductions in the proportional special benefit assigned to a land use classification is permitted. Changes in land use or size of an individual property resulting in an assessment increase, is not considered an increased assessment.

The following tables summarize the Fiscal Year 2024/2025 applied assessment rate, Maximum Assessment Rate, and the anticipated total assessment for each District:
2024/2025 Consolidated Report Drainage Facilities Assessment Districts Page 12

DFAD No. 1 (City Wide)

EQUIVALENT

BENEFIT
UNITS

MAXIMUM

ASSESSMENT
RATE

ASSESSMENT
RATE
TOTAL

ASSESSMENTLAND USE
SINGLE-FAMILY RESIDENTIAL 2,008 $216.46
$1.00
$244.86 $434,651.68
1,063.00PLANNED SINGLE-FAMILY RESIDENTIAL 1,063
3,071
$1.00
TOTALS $435,714.68
DFAD No. 2 (Vista Verde)

EQUIVALENT

BENEFIT
UNITS

MAXIMUM

ASSESSMENT
RATE

ASSESSMENT
RATE
TOTAL

ASSESSMENTLAND USE
SINGLE-FAMILY RESIDENTIAL 1,158 $69.63
$1.00
$71.64 $80,631.54

88.00PLANNED SINGLE-FAMILY RESIDENTIAL 88 $1.00
TOTALS 1,246 $80,719.54
DFAD No. 3 (West Creek)

EQUIVALENT

BENEFIT
UNITS

MAXIMUM

ASSESSMENT
RATE

ASSESSMENT
RATE
TOTAL

ASSESSMENTLAND USE
SINGLE-FAMILY RESIDENTIAL 668
827
$128.86
$1.00
$154.51
$1.00
$86,078.48
827.00PLANNED SINGLE-FAMILY RESIDENTIAL
TOTALS 1,495 $86,905.48
2024/2025 Consolidated Report Drainage Facilities Assessment Districts Page 13