City Council Chambers
14343 Civic Drive
Victorville, CA
www.victorvilleca.gov
VICTORVILLE CITY COUNCIL
VICTORVILLE LIBRARY BOARD OF TRUSTEES
SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
THE CITY AS HOUSING ASSETS SUCCESSOR
JOINT POWERS FINANCING AUTHORITY
VICTORVILLE WATER DISTRICT
Regular Meeting Agenda
Tuesday, September 1, 2026
5:00 p.m. Closed Session
6:00 p.m. Regular Session
The
City
Council
holds
its
business
meetings
in
public
in
accordance
with
the
requirements
of
the
Ralph
M.
Brown
Act,
its
established
policies
and
procedures,
and
its
adopted
parliamentary
authority.
The
Council
strives
to
carry
out
its
meetings
in
an
atmosphere
of
professionalism
with
full
participation
by
members
of
the
body
and
the
public.
As
such,
the
Presiding
Officer
is
empowered
to
govern
City
Council
Meetings
to
foster
the
efficient
and
fair
administration
of
City
business
and
reserves
the
right
to
enforce
(or
cause
to
be
enforced)
the
Meeting
Rules
of
Conduct
and
Decorum
as
set
forth
in
Chapter
5 of
the
City
Council Policy and Procedures Manual.
Regular
City
Council
Meetings
will
be
held
in-person
at
Victorville
City
Hall
in
Council
Chambers.
The
City
Council
welcomes
and
encourages
public
participation
and
invites
the
community
to
attend
in
person.
If
you
cannot
attend
in
person,
remote
viewing
is
available
through
YouTube
and
Zoom.
Remote
participation
is
available
via
Zoom
using
the
following
methods:
To join via Computer, Laptop, or Smart Device:
Click
the
blue
Zoom
icon
located
on
the
City’s
website
at
victorvilleca.gov/government/agendas
or
enter the following:
Meeting ID: 829 0881 3839
Passcode: VV123
*To provide comment, click the “Raise Hand” button and the Clerk will unmute you.
To join via Audio only (cell phone or landline):
Dial: (669) 900-9128
Meeting ID: 829 0881 3839
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Public
Comments:
Members
of
the
public
may
submit
comments
electronically
by
4 p.m.
the
day
of
the
meeting
to
be
distributed
to
City
Council
and
made
available
to
the
public.
Participants
are
invited
to
address
the
Council
on
agendized
and
non-
agendized
topics
that
are
within
the
subject
matter
jurisdiction
of
the
Victorville
City
Council.
Public
comments
may
also
be
made
remotely
as
well
as
in
person
during
the
Public
Comment
period
of
the
meeting
and
during
Public
Hearing
items
(if
applicable).
Public
comments
will
be
no
longer
than
three
(3)
minutes
per
community
member,
unless
otherwise
determined
by
the
Presiding
Officer.
Should
a
speaker
conclude
their
comments
prior
to
the
expiration
of
three
(3)
minutes,
the
speaker
waives
the
right
to
speak
for
any
remaining
amount
of
time.
For
further
information
about
how
to
address the Council, please refer to the City's website at victorvilleca.gov/agendas
.
LEVINE
ACT
DISCLOSURE:
Pursuant
to
the
Levine
Act
(Govt.
Code
section
84308),
any
party
to
a
permit,
license,
contract,
or
other
entitlement
before
the
Victorville
City
Council
is
required
to
disclose
on
the
record
any
campaign
contribution,
including
aggregated
contributions,
of
more
than
$500
made
by
the
party
or
the
party's
agents
within
the
preceding
12 months
to
any
City
official.
Participants
and
agents
are
requested
to
make
this
disclosure
as
well.
The
disclosure
must
include
the
name
of
the
party,
participant,
or
agent,
and
any
other
person
making
the
contribution;
the
name
of
the
recipient,
the
amount
of
the
contribution,
and
the
date
the
contribution was made.
In
compliance
with
the
Americans
with
Disabilities
Act,
if
you
need
special
assistance
to
participate
in
this
meeting,
please
contact
the
City
Clerk's
office
at
(760)
955-5188
no
later
than
72 hours
prior
to
the
meeting.
5:00 p.m. Closed Session
Call to Order
Roll Call
Introduction to Public Comments
Public Comments for Closed Session Items
Declaration of Closed Session Item(s) by City Attorney
CITY COUNCIL
A.
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Initiation of litigation pursuant to Government Code Section 54956.9(d)(4) Number of potential cases: One (1)
Based
on
existing
facts
and
circumstances,
the
City
Council
has
decided
or
is
deciding whether to initiate litigation.
Recess to Closed Session
6:00 p.m. Regular Session
Call to Order
Roll Call
Closed Session Announcements by the City Attorney
Invocation: Pastor Carlo Mendoza with Sunrise Church
Pledge of Allegiance: Police Captain Jerry Davenport
City Clerk Presents Agenda/Revisions to Agenda
Conflict of Interest Declarations
Any
items
on
this
agenda
that
might
be
a
conflict
of
interest
to
any
Council
Members/Board Members should be identified at this time.
Introduction to Public Comments
Public Comments
PUBLIC HEARING(S)
1. Turnout
No.
5 Project
–
Approve
Notice
of
Exemption,
Award
of
Construction
Contract,
Approval
of
Amendment
No.
4 to
Consultant/Professional
Services
Provider
Agreement,
Approval
of
a
Consultant/Professional
Services
Provider
Agreement
with
Merrell
Johnson
Engineering,
Inc.,
and
approval
of
a
Conveyance
and Water Supply Agreements with Mojave Water Agency
Recommendation:
That the Honorable Board of Directors:
(1) Open and conduct the Public Hearing receiving testimony regarding the proposed capital improvement projects;
(2) Close the Public Hearing;
(3)
Approve
the
Notice
of
Exemption
and
authorize
staff
to
file
the
notice
with
the
Office of Planning and Research and the County Clerk;
(4)
Award
a
construction
contract
to
High
Desert
Underground
Inc.,
in
the
amount
of
$5,323,535 for the Turnout No. 5 Project;
(5)
Approve
Amendment
No.
4 to
the
Consultant/Professional
Services
Provider
Agreement
Project
No.
ESC21-050
with
Civiltec
Engineering,
Inc.,
in
an
amount
of
$117,750;
(6)
Approve
a
Consultant/Professional
Services
Provider
Agreement
Project
No.
MS26-110
with
Merrell
Johnson
Engineering,
Inc.
for
Construction
Inspection
and
Materials Testing in the amount of $238,200; and
(7)
Authorize
the
General
Manager
to
execute
a
Conveyance
Agreement
with
Mojave
Water
Agency
for
Turnout
5 subject
to
minor
edits
to
be
approved
by
the
General Manager and Board Attorney;
(8)
Authorize
the
General
Manager
to
execute
a
Water
Supply
Connection
Agreement
with
Mojave
Water
Agency
for
Turnout
5,
subject
to
final
review
and
approval by the General Manager and Board Attorney.
2. An
Amendment
to
the
Old
Town
Specific
Plan
with
an
environmental
exemption
to
allow
for
various
updates
and
changes
including
but
not
limited
to
modified
land
use
allowances,
updated
signage
and
public
art
standards,
and
document
revisions
to
correct
inconsistencies
and
grammatical
errors
on
property
bounded
roughly
by
the
Mojave
River
and
Stoddard
Wells
Road
to
the
northeast,
Eleventh
Avenue
to
the
east,
Mojave
Drive
and
Verde
Street
to
the
south,
and
Interstate
15 to
the
northwest
Recommendation:
That the Honorable City Council:
(1) Open and conduct a Public Hearing to receive public testimony; (2) Close the Public Hearing;
(3)
Find
the
Old
Town
Specific
Plan
Amendment
categorically
exempt
per
CEQA
Guidelines Section 15061(b)(3);
(4)
Introduce
Ordinance
No.
2470
for
adoption
and
first
reading
by
title
only
to
amend the Old Town Specific Plan; and
(5) Waive a further reading in full of proposed Ordinance No. 2470.
CONSENT CALENDAR
3. Commercial Demand Schedule No. 03
Recommendation:
That
the
City
Council
and
Board
of
Directors
ratify
Commercial
Demand
Schedule
No.
03 for
the
period
of
July
23,
2026,
through
August
05,
2026,
in
total
amount
of
$8,490,625.23. This total includes:
•
Electronic
Fund
Transfers
No.
350416
through
350811
and
Warrant
No.
804683 through 804873 in the amount of $7,841,525.72.
•
Wire Transfers in the amount of $649,099.51.
All
are
consistent
with
the
adopted
Fiscal
Year
2025-2026
Budget
(covering
July
1,
2025,
through
June
30,
2026)
and
Fiscal
Year
2026-2027
Budget
(covering
July
1,
2026, through June 30, 2027).
4. Consideration
of
Resolution
No.
26-072,
Accepting
the
Unanimous
Approval
of
the
Property
Owner
and
Annexing
the
Woodspring
Suites
Hotel
Development
into
Community Facilities District No. 2024-01 (Annexation No. 5)
Recommendation:
That
the
Honorable
City
Council
adopt
Resolution
No.
26-072
to
accept
the
unanimous
approval
of
the
property
owner
and
make
the
findings
necessary
to
annex
Assessor
Parcel
Number
(APN)
3093-141-05-0000
to
Community
Facilities
District
No.
2024-01
of
the
City
of
Victorville
(Municipal
Services)
and
to
order
the
levy
of
Special
Taxes
to
pay
for
municipal
services
and
maintenance
of
certain
facilities
associated
with
the
Woodspring
Suites
Hotel
Development
(Annexation
No. 5).
5. Consideration
of
Resolution
No.
26-071,
Accepting
the
Unanimous
Approval
of
the
Property
Owner
and
Annexing
the
Palmdale
Cantina
Development
into
Community
Facilities District No. 2024-01 (Annexation No. 2)
Recommendation:
That
the
Honorable
City
Council
adopt
Resolution
No.
26-071
to
accept
the
unanimous
approval
of
the
property
owner
and
make
the
findings
necessary
to
annex
Assessor
Parcel
Number
(APN)
3103-561-47-0000
to
Community
Facilities
District
No.
2024-01
of
the
City
of
Victorville
(Municipal
Services)
and
to
order
the
levy
of
Special
Taxes
to
pay
for
municipal
services
and
maintenance
of
certain
facilities associated with the Palmdale Cantina Development (Annexation No. 2).
6. Second Reading of Ordinance No. 2469
Recommendation:
That
the
City
Council
adopt,
by
second
reading,
Ordinance
No.
2469,
adopting
an
amendment
to
Title
16 (Zoning
Ordinance)
of
the
Victorville
Municipal
Code
with
an
environmental
exemption
to
update
the
City’s
Accessory
Dwelling
Unit
(ADU)
and
Junior
Accessory
Dwelling
Unit
(JADU)
standards
for
consistency
with
current
California law.
7. Payroll Demand Schedule No. 12B
Recommendation:
That
the
City
Council
and
Board
of
Directors
ratify
Payroll
Demand
Schedule
No.
12B
for
the
payroll
period
of
June
5,
2026,
through
June
19,
2026,
in
total
amount
of $2,897,553.05. This total includes:
•
Employee Check Nos. 34920 through 34928 in the amount of $6,410.92. •
Vendor Check Nos. 34929 through 34935 in the amount of $1,890.85. •
Advice
Nos.
344557,
345157
through
345761
in
the
amount
of
$1,853,036.36; and
•
Vendor Electronic Payments totaling $1,036,214.92.
All
expenditures
are
consistent
with
the
adopted
Fiscal
Year
2025–2026
Budget
(covering July 1, 2025, through June 30, 2026).
8. Minutes of the August 18, 2026, Regular City Council Meeting
Recommendation:
That
the
Honorable
City
Council
approve
the
minutes
of
the
Regular
City
Council
Meeting held on August 18, 2026.
9. Adoption
of
Resolution
No.
26-080
–
Annual
Assessments
for
Unpaid
Rubbish
Collection,
Sewer
Use
Fees,
Storm
Drain
Fees,
Hazardous
Waste
Fees,
and/or
Assembly
Bill
939
Recycling
Fees,
Replacing
and
superseding
Resolution
No.
26-
052
to
account
for
new
provisions
required
by
the
County
to
process
property
tax
roll collections
Recommendation:
That
the
Honorable
City
Council
Adopt
Resolution
No.
26-080
entitled,
"A
Resolution
of
the
City
Council
of
the
City
of
Victorville,
California,
Replacing
and
Superseding
Resolution
No.
26-052
for
the
Purpose
of
Determining
and
Confirming
Assessments
and
Proceedings
for
Unpaid
Rubbish
Collection,
Sewer
Use
Fees,
Storm
Drain
Fees,
Hazardous
Waste
Fees,
and/or
Assembly
Bill
939
Recycling
Fees.”
10. Adoption
of
Resolution
No.
VWD
26-013
-
Annual
Assessments
for
Unpaid
Water
Fees,
Replacing
and
Superseding
Resolution
No.
VWD
26-010
to
account
for
new
provisions required by the County to process tax roll collections
Recommendation:
That
the
Honorable
Victorville
Water
District
Board
of
Directors
Adopt
Resolution
No.
VWD
26-013
entitled,
“A
Resolution
of
the
Board
of
Directors
of
the
Victorville
Water
District,
Replacing
and
Superseding
Resolution
No.
VWD
26-010
for
the
Purpose
of
Adding
Delinquent
Non-Paid
Charges
to
the
Annual
Taxes
Levied
upon
the Property for which the Charges are Delinquent and Unpaid.”
WRITTEN COMMUNICATIONS
11. Award
of
Construction
Contract,
Approval
of
Consultant/Professional
Services
Provider
Agreement,
and
Approval
of
Victorville
Municipal
Utility
Services
(VMUS)
Electrical
Service
Line
Extension
Installation
for
the
1MG
SCLA
Reclaimed
Water
Reservoir 2 Project
Recommendation:
That the Honorable Victorville Water District Board of Directors (Board):
(1)
Adopt
Resolution
No.
VWD
26-014
to
amend
the
Fiscal
Year
2026/2027
budget
to reflect an additional appropriation of $6,071,908.53; (2)
Award
a
construction
contract
to
Pacific
Hydro
Tech
Corporation
in
the
amount
of $9,911,740 for the 1MG SCLA Reclaimed Water Reservoir 2 Project; (3) Approve Consultant/Professional Services Provider Agreement with David Evans and Associates, Inc., in the amount of $82,039.00; and (4)
Approve
Victorville
Municipal
Utility
Services
Electrical
Service
Line
Extension
Installation in the amount of $242,592.20.
12. Award
of
Construction
Agreements
to
High
Desert
Underground,
Inc.
and
Kirtley
Construction
Inc.
for
On
Call
Sewer
Lateral
and
Mainline
Repair
Services,
Project
MS26-135
Recommendation:
That
the
Honorable
City
Council
award
Construction
Agreements
to
High
Desert
Underground,
Inc.
and
Kirtley
Construction
Inc.
in
an
aggregate
amount
not
to
exceed $500,000 for on call sewer lateral and mainline repair services.
13. Purchase of a 2026 John Deere 644P Loader
Recommendation:
That
the
Southern
California
Logistics
Airport
Authority
(“SCLAA”)
Board
of
Directors
approve
the
purchase
of
a
2026
John
Deere
644P
Loader
in
the
amount
of $402,980.76.
14. Determine
City’s
Position
on
Cal
Cities
2026
Annual
Conference
Proposed
Resolutions
Recommendation:
That Your Honorable City Council:
(1) Consider the following League of California Cities Resolution:
A
Resolution
of
the
General
Assembly
of
the
League
of
California
Cities
calling
for
a
working
group
to
consider
a
State
Constitutional
Amendment
or
other
form
of
Initiative to ensure final local authority over housing and land use decisions. (2)
Direct
the
appointed
voting
delegate
to
support
the
above
resolution
at
the
General Assembly meeting.
15. City Manager Reports
16. Discussion and Possible Action Regarding Upcoming Agenda Items
17. Reports from Council Members
Adjournment
Item Number: 1
City Council / Board of Directors
Public Hearing(s)
Meeting of: September 1, 2026
Submitted By:
Fredy Bonilla, City Engineer
Doug Mathews, Director of Public Works and Water
Subject:
Turnout No. 5 Project – Approve Notice of Exemption, Award of Construction Contract, Approval of Amendment No. 4 to Consultant/Professional Services Provider Agreement, Approval of a Consultant/Professional Services Provider Agreement with Merrell Johnson Engineering, Inc., and approval of a Conveyance and Water Supply Agreements with Mojave Water Agency
Recommendation:
That the Honorable Board of Directors:
(1) Open and conduct the Public Hearing receiving testimony regarding the proposed capital improvement projects;
(2) Close the Public Hearing;
(3) Approve the Notice of Exemption and authorize staff to file the notice with the Office of Planning and Research and the County Clerk;
(4) Award a construction contract to High Desert Underground Inc., in the amount of $5,323,535 for the Turnout No. 5 Project;
(5) Approve Amendment No. 4 to the Consultant/Professional Services Provider Agreement Project No. ESC21-050 with Civiltec Engineering, Inc., in an amount of $117,750;
(6) Approve a Consultant/Professional Services Provider Agreement Project No.
MS26-110 with Merrell Johnson Engineering, Inc. for Construction Inspection and Materials Testing in the amount of $238,200; and
(7) Authorize the General Manager to execute a Conveyance Agreement with Mojave Water Agency for Turnout 5 subject to minor edits to be approved by the General Manager and Board Attorney;
(8) Authorize the General Manager to execute a Water Supply Connection Agreement with Mojave Water Agency for Turnout 5, subject to final review and approval by the General Manager and Board Attorney.
4 8
7 4
Fiscal Impact:
This action will result in a fiscal impact of $5,679,485. This project is funded by Water Capacity Charges Fund No. 414 and a subgrant award from Mojave Water Agency (MWA) through the California Department of Water Resources. An additional appropriation will not be required. There are sufficient funds available in the project budget to cover the planned expenses. Please refer to the budget account numbers, descriptions, and available budget shown below:
Account Number Account Description Amount Available
4140020 - 55080 - 74338 Infrastructure Improvements $4,897,533 2657500N - 55080 - 74338 Grants $1,100,000
Total Amount Available $5,997,533
Strategic Plan Goal:
This item aligns with “Goal E Invest in infrastructure” in the City of Victorville Strategic Plan 2023-2026 by providing the Victorville Water District (VWD) with an alternate water supply. It will reduce groundwater pumping and arsenic treatment costs, while helping to sustain local aquifer levels.
Background:
The project consists of the construction of an approximately 1.25-mile-long, 24-inch- diameter steel pipeline along Amethyst Road from Mesa Street to Sycamore Street, and a reinforced masonry metering facility at the Victorville Water District (VWD) reservoir site. The pipeline will convey water from Mojave Water Agency’s (MWA) R-Cubed pipeline at Mesa Street to VWD’s reservoirs and the Amethyst Booster Pump Station located at Amethyst Road and Sycamore Street. The project will provide VWD with an alternative water supply, reducing groundwater pumping and arsenic treatment costs while helping maintain local aquifer levels and enhancing operational flexibility. The facilities being constructed will be dedicated solely to serving VWD and will be used exclusively for the benefit of VWD and its water system.
On July 18, 2017, the Board of Directors approved a Professional Services Agreement with Civiltec Engineering, Inc. (Civiltec) for the design of the MWA Turnout No. 5 Amethyst Road Water Pipeline and Metering Facility. Since then, three amendments have been approved to address additional engineering and environmental requirements as the project progressed.
Amendment No. 1 was approved on October 19, 2021, in the amount of $75,250 to provide additional services to obtain an Incidental Take Permit (ITP) for Western Joshua Trees and to revise the pipeline alignment to avoid conflicts with a new tract home development that occurred while the City was awaiting issuance of the permit.
Amendment No. 2 was approved on April 18, 2023, in the amount of $45,000 to provide additional environmental services to pursue the streamlined Western Joshua Tree Conservation Act permitting process following enactment of the Act in 2023. 4 8
7 4
Amendment No. 3 was approved on November 4, 2025, in the amount of $83,225 to provide additional engineering and environmental services necessary to finalize the project for construction. The work included a scour analysis, revisions to the project plans and specifications in response to MWA comments, updates to the Streambed Alteration Agreement and Revegetation and Restoration Plan, and supplemental surveying for slopes that had collapsed or washed out due to heavy rainfall over the past several years.
Additionally, on September 3, 2024, the Board of Directors approved an Agreement between the MWA and VWD for the use of Proposition 1, Round 1, Integrated Regional Water Management (IRWM) Implementation Grant funding (Grant Agreement Number 4600013807, Amendment 3) from the California Department of Water Resources for the Victorville Regional Recharge and Recovery Turnout 5 Project. The grant provides $1,100,000 for the construction of the project which is included in the approved budget.
The Engineering Department released a Request for Proposals (RFP) in accordance with Victorville Municipal Code §2.28.280 to obtain the services of a consultant for construction inspection and materials testing services for the project. The inspections and materials testing required includes soil compaction, welding, reinforced masonry, concrete, and steel provided by deputy inspectors needed to ensure compliance with the Contract Documents. The RFP was advertised on April 17, 2026, and several consulting firms were notified. On May 13, 2026, four civil engineering consultants submitted proposals which included a scope of services, cost proposal, and fee schedule.
On July 22, 2026, Civiltec Engineering, Inc. submitted a proposal for Amendment No. 4 (Attachment D) in the amount of $117,750 to cover engineering services provided during bidding, including responding to Request for Information (RFIs) and providing continued engineering support during construction, including reviewing shop drawings for the metering facility, attending meetings and site visits, and preparing the as-built drawings.
The amendment also includes required environmental services, including pre- construction biological surveys, Worker Environmental Awareness Program (WEAP) training, construction monitoring within the Oro Grande Wash and near Western Joshua Trees, environmental documentation and reporting, and post-construction revegetation monitoring and reporting.
Discussion:
It is a routine requirement to comply with the California Environmental Quality Act (CEQA) before construction starts on a Capital Improvement Project. On November 19, 2019, the Board of Directors adopted Resolution No. VWD19-009 approving the Mitigated Negative Declaration and Mitigation and Monitoring Reporting Program for the Amethyst Pipeline Alignment Water Main Extension Project, which is the pipeline installation of the Turnout 5 Project. A Notice of Exemption (Attachment B) to this Agenda Item, describes the project activities related to Turnout 5 Metering Facility, and states that the project is categorically exempt under CEQA Guidelines section 15303(e) because the project consists of the construction of a small masonry block metering facility to house a magnetic flow meter and associated appurtenances within an already improved property currently used for District operations.
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After the issuance of the Construction Inspection and Materials Testing RFP, each proposal was reviewed and scored by Engineering Department staff in accordance with the criteria set forth in the RFP. The evaluation of the proposals was based upon the consultant’s qualifications, work plan, and staff resources. From the evaluation of the four proposals received, the evaluators determined that Merrell Johnson Engineering, Inc. was the most qualified consultant to provide the services required based upon the average scores of the evaluators. The Consultant/Professional Services Provider Agreement with Merrell Johnson Engineering, Inc. has been included as (Attachment E).
This construction portion of the project was bid using formal bidding procedures in accordance with Victorville Municipal Code §2.28.210 and the California Public Contract Code. Formal bidding procedures are used for public works contracts with an estimated cost in excess of five hundred thousand dollars. The Notice Inviting Bids was issued on the OpenGov Procurement Portal and advertised in the San Bernardino Sun on Wednesday, July 1, 2026. A second notice was published in the Daily Press on July 8, 2026. The mandatory pre-bid meeting and job walk were held on July 14, 2026. On August 5, 2026, four (4) bids were received.
The following is a summary of the quotes received:
Company Bid Amount
High Desert Underground, Inc. $5,323,535.00
Pyramid Building $5,597,155.67
CEM Construction $5,977,500.00
Griffith Company $7,060,179.00
The Engineer’s estimate for this project was $6,000,000 based on previous CIP projects with a similar scope of work. After a review of the bid proposals, it was determined that the lowest responsive, responsible bidder is High Desert Underground, Inc. Therefore, staff recommends awarding a construction contract to High Desert Underground, Inc. (Attachment C), which includes the contract bid items and total contract amount.
Although the Victorville Water District is the lead agency for the design and construction of the Project, once construction is complete, the pipeline and metering station will be conveyed to MWA pursuant to a Conveyance Agreement (Attachment F). This ownership arrangement is consistent with other MWA R-Cubed turnouts, where MWA owns the turnout facilities through and including the metering station. Staff is seeking Board approval for the General Manager to execute the Conveyance Agreement with MWA, subject to minor edits approved by the General Manager and Board Attorney. Once conveyed, MWA will be responsible for the operation and maintenance of the new pipeline and metering station.
Additionally, this turnout will require a Water Supply Connection Agreement, similar to the agreements for other turnouts providing water service from MWA’s R-Cubed pipeline.
These agreements contain similar provisions but are specific to each individual turnout, establishing the terms under which Mojave Water Agency (MWA) owns, operates, and maintains the facilities that deliver potable water from the Regional Recharge and 4 8
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Recovery (R3) Project to the City of Victorville. The agreement defines the City’s responsibilities for facilities on its side of the connection; establishes requirements for water delivery, metering, pressure, and coordination of flow orders; acknowledges that water supplied through the R3 Project is an interruptible supply and is not to be relied upon to meet system demands; and outlines applicable service terms under MWA regulations and the State Water Project contract. It also includes provisions addressing annual water availability, liability, indemnification, and administrative procedures and establishes an automatically renewing 30-year term. Staff is seeking Board approval to authorize the General Manager to execute a Water Supply Connection Agreement with MWA for Turnout 5 once finalized, subject to final review and approval by the General Manager and Board Attorney,
Based on the foregoing, staff recommends that the Honorable Water District Board of Directors approve the Notice of Exemption; award the construction contract to High Desert Underground Inc. in the amount of $5,323,535; approve Amendment No. 4 to the Consultant/Professional Services Provider Agreement with Civiltec Engineering, Inc. in the amount of $117,750; approve a Consultant/Professional Services Provider Agreement with Merrell Johnson Engineering, Inc. for Construction Inspection and Materials Testing in the amount of $238,200; authorize the General Manager to execute a Conveyance and Water Supply Connection Agreements with MWA for Turnout 5 once finalized, subject to final review and approval by the General Manager and Board Attorney.
Staff is available for any questions the Board may have.
Prepared By:
Sylvia Severson, Management Technician
Dennis Lee, Associate Civil Engineer
Attachments: A. Location Map
B. Notice of Exemption
C. Construction Agreement
D. Amendment No. 4
E. Consultant/Professional Services Provider Agreement
F. Conveyance Agreement with Mojave Water Agency
ATTACHMENT A –
LOCATION MAP
ATTACHMENT B –
NOTICE OF EXEMPTION
ATTACHMENT C –
CONSTRUCTION
AGREEMENT
CIP#___________
1 Construction Agreement/High Desert Underground, Inc./Project MS26-118
CONSTRUCTION AGREEMENT
BY AND BETWEEN
VICTORVILLE WATER DISTRICT
AND
HIGH DESERT UNDERGROUND, INC.
FOR
TURNOUT 5 PROJECT, PROJECT MS26-118
THIS CONSTRUCTION AGREEMENT (the “Agreement ”) dated this __________________ day of ______________, 2026, for reference purpose only , is made and entered into by and between the VICTORVILLE WATER DISTRICT, a County water district and subsidiary district of the City of Victorville, organized and existing in the County of San Bernardino under and by virtue of the laws of the State of California hereinafter referred to as the “District”, and High Desert Underground, Inc., a California corporation hereinafter referred to as the “Contractor”. The District and the Contractor are sometimes hereinafter referred to as a “Party” and collectively referred to as the “Parties.”
RECITALS:
WHEREAS the District requires Turnout 5 Project (the “Project”); and
WHEREAS, in light of the facts set forth above, the District desires to retain Contractor in connection with Turnout 5 Project; and
NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS, AND
PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES HERETO AGREE AS FOLLOWS:
Section 1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth herein.
Section 2. TERM OF AGREEMENT
This Agreement shall commence within fifteen (15) calendar days after issuance of Notice to Proceed (the “Commencement Date”) and shall terminate upon completion of the Project Two Hundred Twenty (220) Working Days after Commencement Date (the “Termination Date”), unless sooner terminated in accordance with the provisions of this Agreement (the “Term”).
From and after the Termination Date, and upon subsequent agreement by the Parties, this Agreement may continue on a month- to-month basis until terminated pursuant to Section 3 below.
Section 3. TERMINATION OR SUSPENSION
a. This Agreement may be terminated or suspended without cause by either Party at any time, provided that the Party initiating the termination provides the other Party at least thirty (30) days advance written notice of s uch termination or suspension. In the event of such 2 Construction Agreement/High Desert Underground, Inc./Project MS26-118
termination, the District shall only be liable for payment under the payment provisions of this Agreement for satisfactory work rendered or supplies actually furnished prior to the effective date of termination.
b. This Agreement may be terminated or suspended with cause by either Party at any time, provided that the Party initiating termination provides the other Party at least ten (10) days advance written notice of such termination or suspension. In the event of such termination, the District shall only be liable for payment under the payment provisions of this Agreement for satisfactory work rendered or supplies actually furnished prior to the effective date of termination.
Section 4. CONTRACT DOCUMENTS; PRIORITY
a. Contract Documents. The Contract Documents consist of the following documents, all of which are either attached hereto as exhibits or are incorporated herein by this reference .
Said Contact Documents are intended to be correlative and constitute Contractor’s performance obligations:
1. This Agreement.
2. Exhibits A & B.
3. Notice Inviting Bids for the Project.
4. Specifications for the Project.
5. Special Provisions.
6. Accepted Proposal.
7. List of Subcontractors.
8. Faithful Performance & Payment Bonds.
9. Non-Collusion Declaration.
10. Guaranty.
b. Interpretation. In the event of any conflict between any of the Contract Documents, the document highest in the order of precedence (from highest to lowest), as set forth in Subsection 4.a above shall control.
Section 5. CONTRACTOR’S OBLIGATIONS
Contractor shall complete the Project as specifically set forth in the Contract Documents.
Contractor shall furnish, at its own cost and expense, all labor, services, material, tools, equipment, supplies, transportation, and any other items and facilities necessary therefore, as provided in the Contract Documents.
Section 6. COMPENSATION
The Contractor agrees to receiv e and accept the following amount , not to exceed Five Million Three Hundred Twenty Three Thousand Five Hundred Thirty Five 00/100 Dollars ($5,323,535.00), as full compensation for furnishing; all materials, doing all the work contemplated and embraced in this contract, all loss or damage arising out of the nature of the work aforesaid, the action of the elements, any unforeseen difficulties or obstructions which may arise or be encountered in the execution of the work until its acceptance by the District , and for all risks of every description connected with the work, all expenses incurred by or in consequence of the suspension or discontinuance of work well and faithfully completing the whole work, thereof, according to the requirements of the Contract Documents and to the satisfaction of Fredy A.
Bonilla, P.E., City Engineer, or his designee, to wit: See Exhibit “A”, Scope of Work.
3 Construction Agreement/High Desert Underground, Inc./Project MS26-118
Section 7. BID PROPOSAL FORMS
The District shall pay Contractor as provided in the Bid Proposal Forms, attached hereto as Exhibit “B”, and incorporated her ein by this reference as though set forth in full, subject to approval of the District, when applicable.
Section 8. PREVAILING WAGES
a. Compliance with State Prevailing Wage Law. Pursuant to California Labor Code Section 1773, the DISTRICT has obtained from the Director of the Department of Industrial Relations (“DIR”) the general prevailing rate of per diem wages and the general prevailing wage rate for holiday and overtime work applicable for each craft, classification, or type of worker in San Bernardino County, California, where the Project is to be performed. C opies of these prevailing rate of per diem wages are on file at the City of Victorville Finance Department/Purchasing Division and shall be made available for review to any interested party on request. Copies of these prevailing rate of per diem wages are also available from the State of California via the internet at http://www.dir.ca.gov/DLSR/PWD. Contractor and its subcontractors shall pay not less than said specified prevailing rate of per diem wages to all workers employed by them in the performance of any work under this Agreement which constitutes “public works” or “public work”, including without limitation, Turnout 5 Project , and any other work or services described in or encompassed by California Labor Code (“ Labor Code”) Sections 1720 through 1720.9, 1771, and 1772. Contractor shall be solely responsible for using the correct and current prevailing wage rates and performing accordingly. An error on the part of any awarding body does not relieve the Contractor from the responsibility for payment of the correct prevailing wage, or compliance with the maintenance and inspection of payroll records, posting of prevailing wage rates at the work/job site, employment of apprentices, and other requirements of Labor Code Section 1720 et seq.; Labor Code Section 1810 et seq .; California Code of Regulations, Title 8, Section 16000 et seq.; and all other applicable State labor laws.
b. Designation as Contractor Not Determinative. For purposes of this Agreement, Contractor and its subcontractors shall be subject to and shall comply with all provisions of the Labor Code applicable to contractors and subcontractors when they are engaged in the performance of any work under this Agreement which constitutes “public works” or “public work” as defined in subsection a above, despite being designated as a Contractor.
c. Conflict. It is further expressly agreed by and between the Parties hereto that should there be any conflict between the provisions of this Section and the terms of Exhibit “A” or Exhibit “B” of this Agreement, the provisions of this Section shall control and nothing herein shall be considered as an acceptance of the terms of Contractor’s Scope of Services, scope of work, bid proposal, cost proposal, and/or fee schedule which conflict with the provisions of this Section.
d. Payroll Records. Contractor and its subcontractors must comply with the provisions of Labor Code sections 1776 and 1812 and all implementing regulations, including without limitation, those set forth in Title 8 of the California Code of Regulations, Section 16000 et seq . (hereinafter the “ Regulations”), which are fully incorporated by this reference, including requirements for electronic submission of payroll records to the DIR.
(1) Contractor and Subcontractor Obligations. Contractor and each subcontractor must keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the Work. Each payroll record must contain or be verified 4 Construction Agreement/High Desert Underground, Inc./Project MS26-118
by a written declaration that it is made under penalty of perjury, stating both of the following:
(a) The information contained in the payroll record is true and correct; and
(b) Contractor or subcontractor has complied with the requirements of Labor Code Sections 1771, 1811, and 1815 for any covered work performed by its employees on the Project.
(2) Certified Record. A certified copy of an employee’s payroll record must be made available for inspection or furnished to the employee or his or her authorized representative on request, to the DISTRICT, to the Division of Labor Standards Enforcement, to the Division of Apprenticeship Standards of the DIR, and as further required by the Labor Code.
(3) Enforcement. Upon notice of noncompliance with Labor Code Section 1776, Contractor or subcontractor has ten days in which to comply with the requirements of this section. If Contractor or subcontractor fails to do so within the ten- day period, Contractor or subcontractor will forfeit a penalty of $100.00 per day, or portion a day, for each worker for whom compliance is required, until strict compliance is achieved. Upon request by the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, these penalties will be withheld from payments then due to Contractor.
(4) Payment of Invoices . Copies of the certified payrolls, proof of payroll submissions, and appropriate lien releases are required with each invoice to the DISTRICT. Payment of the invoice may be delayed when payroll -related documents and/or lien releases are not included with the invoice.
e. Apprentices. Contractor is responsible for compliance with the requirements governing employment and payment of apprentices, as set forth in Labor Code section 1777.5, which is fully incorporated by reference.
f. Notices. Pursuant to Labor Code section 1771.4, Contractor is required to post all Job Site notices, including prevailing wage rates and other notices, as required by regulation.
g. Other Labor Requirements . Contractor has the responsibility for and shall comply with all other applicable requirements of Labor Code Section 1720 et seq., Labor Code Section 1810 et seq., the Regulations, and all other applicable State labor laws. Contractor further acknowledges and agrees that it will be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with those laws. Contractor shall require the same of all its subcontractors.
h. Statutory Penalties. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hours laws will be enforced as follows:
(1) Pursuant to Labor Code section 1775, the Contractor and any subcontractor under it shall forfeit as a penalty to the DISTRICT not more than Two Hundred Dollars ($200.00), for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate as determined by the Director of the DIR for such work or craft in which such worker is employed for any public work done under this Agreement by it or by any subcontractor under it. The difference between such prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Contractor.
5 Construction Agreement/High Desert Underground, Inc./Project MS26-118
(2) Pursuant to Labor Code Section 1813, Contractor or subcontractor shall, as a penalty to the DISTRICT , forfeit twenty -five dollars ($25) for each worker employed in the execution of this Agreement by the respective Contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week, except as specified in Labor Code Section 1815. In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day.
i. DIR Monitoring. Pursuant to Labor Code Section 1771.4, the Agreement for this Project is subject to compliance monitoring and enforcement by the DIR.
j. DIR Registration . Pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and its subcontractors must be registered with the DIR prior to the execution of a contract to perform public works. By entering into this Agreement, Contractor represents that it is aware of the registration requirement and is currently registered with the DIR. Contractor shall maintain a current registration for the duration of the Project. Contractor shall further include the requirements of Labor Code Sections 1725.5 and 1771.1 in any subcontract and ensure that all subcontractors are registered at the time this Agreement is entered into and maintain registration for the duration of the Project.
Section 9. WORKERS’ COMPENSATION INSURANCE
Contractor shall procure and maintain, at its own expense, during the Term of this Agreement, workers’ compensation insurance, providing coverage as required by the California State Workers’ Compensation Law. If any class of employees employed by Contractor is not protected by the California State Workers’ Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the District.
In conformance with current statutory requirements of Section 1860 et seq., of the Labor Code of the State of California, the undersigned confirms the following as their certification:
I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions before commencing the performance of the work of this contract.
Section 10. NOTICE TO PROCEED
No work, service, material, or equipment shall be performed or furnished under this Contract unless and until a Notice to Proceed has been given to the Contractor by the District .
Contractor shall commence work pursuant to the Contract Documents as directed by the District in the Notice to Proceed, and to diligently execute the same to completion within the time limits set forth in the Contract Documents.
Section 11. COMPLIANCE WITH LAWS
Contractor shall comply with all local, state, and federal laws and regulations applicable to the performance of the work required by the Contract Documents , including any rule, regulation, or bylaw governing the conduct or performance of Contractor , its employees, officers, board members , agents, independent contractors, and subcontractors. Unless otherwise specified in the Contract Documents, all required permits and licenses shall be held or obtained by the Contractor at its sole expense.
6 Construction Agreement/High Desert Underground, Inc./Project MS26-118
Section 12. COMMERCIAL GENERAL, AUTOMOBILE AND POLLUTION
LIABILITY INSURANCE
Contractor shall procure and maintain at its own expense, during the term of this Agreement, com mercial general liability insurance, of not less than Five Million Dollars ($5,000,000) per occurrence, and Ten Million Dollars ($10,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or damage resulting from the wrongful or negligent acts by the Contractor or its officers, employees, servants, volunteers, and agents and independent contractors.
Contractor shall further procure and maintain, at its own expense, during the Term of this Agreement, commercial vehicle liability insurance covering personal injury and property damage, of not less than Five Million Dollars ($5,000,000) Combined Single Limit, covering any vehicle(s) utilized by Contractor or its officers, employees, servants, volunteers, or agents and independent contractors in performing the services required by this Agreement.
If the project entails the handing or use of hazardous material, Contractor shall further procure and maintain, at its own expense, during the Term of this Agreement, pollution liability insurance of not less than Five Million Dollars ($5,000,000) Dollars, per claim or occurrence and Ten Million ($10,000,000) Dollars aggregate per period of one year.
Section 13. INSTALLATION FLOATER
“Installation Floater” coverage with limits sufficient to insure the full replacement value of any property of equipment stored either on or off the project site that provides property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the contract work, including during transit, installation, and testing at the project site. Such coverage shall name the City of Victorville and Victorville Water District as a loss payee as its interest may appear.
Section 14. ADDITIONAL INSURED
Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers' Compensation coverage, shall bear an endorsement whereby it is provided that, the District, the City of Victorville and their officers, employees, servants, volunteers, and agents and independent contractors, including, without limitation, the District ’s Attorney, are named as Additional Insureds.
Section 15. WAIVER OF SUBROGATION RIGHTS
Contractor shall require the carriers of all required insurance policies to waive all rights of subrogation against the District , the City of Victorville and their officers, volunteers, employees, contractors, and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver.
Section 16. PROOF OF INSURANCE COVERAGE; REQUIRED PRIOR TO
COMMENCEMENT OF SERVICES
a. Contractor shall secure from a good and responsible company or companies authorized to do insurance business in the State of California the policies of insurance required 7 Construction Agreement/High Desert Underground, Inc./Project MS26-118
by this Agreement and furnish to the District Secretary certificates of said insurance at least two (2) weeks prior to the commencement of any services to be performed under this Agreement.
b. The certificates of insurance shall bear an endorsement whereby it is provided that, in the event of cancellation or amendment of any required insurance policy for any reason whatsoever, the District shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. In the case of non -payment, ten (10) days’ advance written notice shall be given.
c. The certificates of insurance shall bear an endorsement whereby it is provided that the respective insurance policy shall not be terminated or expire without first providing thirty (30) days written notice to the District of such termination or expiration.
d. The certificates of insurance shall indicate that the respective insurance policy will be maintained throughout the Term of this Agreement.
e. The commercial general liability and vehicle liability policies shall be endorsed to contain the following provision: “For any claims related to this contract, the Contractor’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the District, its officers, officials, employees, and volunteers. Any insurance or self -insurance maintained by the District, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.”
Section 17. TIME OF THE ESSENCE
Time is of the essence in the performance of this Agreement.
Section 18. INDEMNIFICATION
Notwithstanding the limits of any insurance, Contractor shall indemnify the District , its officials, officers, agents, volunteers and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising or alleged to arise from the negligent acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, but excluding such claims or liabilities or portion of such claims or liabilities arising or alleged to arise from the negligence or willful misconduct of the District its officials, officers, agents, volunteers or employees, and in connection therewith:
a. Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith;
b. Contractor will promptly pay any judgment rendered against the District , its officials, officers, agents or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor's (or its agents', employees', subcontractors' or invitees') negligent performance of or failure to perform such work, operations or activities hereunder; and Contractor agrees to save and hold the District , its officials, volunteers, officers, agents, and employees harmless there from;
8 Construction Agreement/High Desert Underground, Inc./Project MS26-118
c. In the event the District , its officials, officers, agents, volunteers or employees is made a Party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor shall pay to the District , its officials, volunteers officers, agents or employees, any and all costs and expenses incurred by the District , its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel acceptable to District;
d. Contractor's duty to defend and indemnify as set out in this Section shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter -Cologne Water Quality Control Act, as any of those statutes may be amended from time to time;
The Contractor's indemnification obligations pursuant to this Section shall survive the termination of this Agreement. Contractor shall require the same indemnification from all subcontractors.
Section 19. REPORTS
Upon request by Fredy A. Bonilla, P.E., City Engineer , or his designee, Contractor shall prepare and submit reports concerning Contractor's performance of the work required by this Agreement.
Section 20. RECORDS
a. Contractor shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable Fredy A. Bonilla, P.E., City Engineer , or his designee, to evaluate the cost and the performance of such services.
b. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles.
c. Fredy A. Bonilla, P.E., City Engineer , or his designee, shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
d. Records and supporting documents pertaining to the use of funds paid to Contractor hereunder shall be retained by Cont ractor and made available to Fredy A. Bonilla, P.E., City Engineer, or his designee, for purposes of performing an audit for a period of five (5) years from the date of termination of this Agreement.
Section 21. MODIFICATIONS AND AMENDMENTS
This Agreement may be modified or amended only by a written instrument signed by both Parties.
9 Construction Agreement/High Desert Underground, Inc./Project MS26-118
Section 22. ENTIRE AGREEMENT
a. This Agreement supersedes any and all prior or contemporaneous agreements, either oral or written, between the District and Contractor with respect to the subject matter of this Agreement.
b. The Contract Documents contain all of the covenants and agreements between the Parties with respect to the subject matter herein, and each Party acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any Party, except those covenants and agreements in this Agreement and the Contract Documents.
c. No agreement, statement, or promise with respect to the subject matter of the Contract Documents, which is not contained in the Contract Documents, or in a valid modification or amendment to the Contract Documents, shall be valid or binding on either Party.
Section 23. AMBIGUITIES
This Agreement is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted against either of them. Except as expressly limited by this paragraph, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Agreement.
Notwithstanding the foregoing, the Parties agree that Exhibit “A” is attached hereto for reference purposes and to the extent there are any ambiguities, inconsistencies or conflicts between the terms of this Construction Agreement and Exhibit “A” , the terms of this Construction Agreement shall control and nothing set forth in Exhibit “A” shall be deemed to supersede any of the provisions of this Construction Agreement.
Section 24. NOTICES
a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the Parties as follows:
To the District: Fredy A. Bonilla, P.E., City Engineer, Engineering Department
14343 Civic Drive
Victorville, CA 92392
To Contractor: Blane Sandwick, President
High Desert Underground, Inc.
13355 Osage Court
Apple Valley, CA 92308
b. Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.
10 Construction Agreement/High Desert Underground, Inc./Project MS26-118
Section 25. NON-LIABILITY OF DISTRICT OFFICERS AND EMPLOYEES
No officer or employee of the District shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by the District or for any amount, which may become due to Contractor or to its successor(s), or for any breach of any obligation of the terms of this Agreement.
Section 26. REVIEW BY ATTORNEYS
Each Party hereto has had its attorneys review this Agreement and all related documents. Each Party hereto has consulted with its attorneys and has negotiated the terms of this Agreement based on such consultation.
Section 27. CARE OF WORK
Contractor must adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and other components to prevent losses or damages, and will be responsible for all damages, to persons or property, until acceptance of the work by the District, except those losses or damages as may be caused by the District’s own negligence. The performance of the work by Contractor or the payment of money by the District shall not relieve Contractor from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to the District, when such inaccuracies are due to the negligence of Contractor.
Section 28. CAPTIONS AND HEADINGS
The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.
Section 29. SUCCESSORS, HEIRS, AND ASSIGNS
Except as otherwise expressly provided herein, this Agreement shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties to this Agreement and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties . This Contract may not be assigned or transferred by Contractor without the concurrence of the surety and express written consent of the District, which may be withheld in the District ’s sole discretion since the experience and qualifications of Contractor were material considerations for this Contract.
Section 30. GENDER; PLURAL
In this Agreement, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another.
Section 31. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs, or sections contained herein is declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.
11 Construction Agreement/High Desert Underground, Inc./Project MS26-118
Section 32. GOVERNING LAW
The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the Parties under this Agreement, shall be construed pursuant to and in accordance with California law.
Section 33. CUMULATIVE REMEDIES
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other Party.
Section 34. VENUE
All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in San Bernardino County, California.
Section 35. ATTORNEY'S FEES
Should any litigation, specifically including but not limited to, arbitration and other non - judicial resolution of disputes be commenced between the Parties to this agreement concerning this agreement or the rights and duties of either i n relation thereto, the Parties prevailing in such litigation or other proceeding shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for attorney fees in such litigation where the proceeding which, if not agreed upon by the Parties, shall be determined by the court or other entity in which such litigation or other proceeding is brought.
Section 36. EFFECTIVENESS OF AGREEMENT
This Agreement shall not be binding upon the District, until signed by the authorized representative(s) of Consultant, approved by the District ’s Risk Manager, and executed by the authorized District personnel or Mayor.
Section 37. REPRESENTATIONS OF PARTIES AND PERSONS
EXECUTING AGREEMENT
a. Each of the Parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the Parties hereto.
b. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the Parties each purports to represent.
Section 38. COUNTERPARTS
This Agreement may be executed by the Parties in counterparts, and when executed by each of the Parties, each counterpart shall be deemed to be a part of this Agreement.
12 Construction Agreement/High Desert Underground, Inc./Project MS26-118
Section 39. CARB COMPLIANCE OBLIGATIONS
a. CARB Regulations. Contractor is aware of the California Air Resources Board (“CARB”) regulations mandating various emission reduction requirements. Contractor agrees to comply with all applicable CARB regulations (Title 13, Division 3 of the California Code of Regulations (“CCR”)) prior to commencing any work hereunder and maintain compliance throughout the duration of this Contract.
(1) Vehicles with a Gross Vehicle Weight Rating (GVWR) greater than 8,500 lbs. and light -duty package delivery vehicles operated in California may be subject to CARB’s Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets (ACF) webpage at https://ww2.arb.ca.gov/our - work/programs/advanced-clean-fleets.
(2) Effective January 1, 2024, CARB implemented amendments to the In- Use Off- Road Diesel -Fueled Fleets Regulation (13 CCR Section 2449 et seq., the “Off- Road Regulation”) which apply broadly to all self -propelled off road diesel vehicles 25 horsepower or greater and other forms of equipment used in California (including any vehicles or equipment that is rented or leased). The Off -Road Regulation is available at:
https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/appa-1.pdf.
b. Contractor must comply with all CARB regulations and requirements, including without limitation, all applicable sections of the Off -Road Regulation (as codified in 13 CCR Section 2449 et seq.) throughout the term of the Project and this Contract. Contractor shall be solely liable for all costs associated with complying with the regulations, as well as for any and all penalties, fines, damages, or costs associated with violations or failures to comply with the regulations. Contractor shall defend, indemnify, and hold harmless the District and the City of Victorville, its elected and appointed officials, officers, agents, and employees from and against any and all claims, liabilities, costs, penalties, interest or other damages arising out of Contractor’s failure or alleged failure to comply with CARB regulations.
(END OF THIS PAGE)
13 Construction Agreement/High Desert Underground, Inc./Project MS26-118
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the dates written below.
VICTORVILLE WATER DISTRICT HIGH DESERT UNDERGROUND, INC.
By: __________________________________ By:_____________________________ Elizabeth Becerra, Blane Sandwick,
District Chairman President
Dated: Dated:___________________________
ATTEST
By: __________________________________
Jennifer Thompson,
Board Secretary
APPROVED AS TO STANDARD FORM:
By: __________________________________
Andre de Bortnowsky,
District Legal Counsel
Dated:_________________
By: __________________________________
Sandra Bostick,
District Risk Manager
Dated:________________________________
14 Construction Agreement/High Desert Underground, Inc./Project MS26-118
EXHIBIT A
SCOPE OF WORK
The District agrees to engage Contractor and Contractor agrees to furnish all necessary labor, tools, materials, and equipment for and do the Work for the Project. The Work shall be performed in accordance with: (i) the Plans and Specifications and applicable Addenda (as generally described in the Request for Bid, Project Number MS26-118, for the Project; and (ii) the prices set forth in Contractor’s Bid Proposal (attached as Exhibit "B”). 15 Construction Agreement/High Desert Underground, Inc./Project MS26-118
EXHIBIT B
BID PROPOSAL FORMS
See Attachment
EVALUATION TABULATION
NIB No. MS26-118
Turnout 5 Project
RESPONSE DEADLINE: August 5, 2026 at 2:00 pm
Report Generated: Monday, August 17, 2026
SELECTED VENDOR TOTALS
Vendor Total
HIGH DESERT
UNDERGROUND, INC.
$5,323,535.00
BASE BID SCHEDULE A
BASE BID SCHEDULE A HIGH DESERT UNDERGROUND, INC.
Selected Line
Item
Description Quantity Unit of Measure Unit Cost Total
X 1 MOBILIZATION/DEMOBILIZATION/BONDS/INSURANCE/PERMITS 1 LS $55,318.83 $55,318.83 X 2 TRAFFIC CONTROL PLANS & IMPLEMENTATION; PUBLIC
CONVENIENCE AND SAFETY
1 LS $18,795.25 $18,795.25
X 3 EXCAVATION SAFETY MEASURES 1 LS $42,112.10 $42,112.10 X 4 SWPPP/NPDES/BMPs 1 LS $36,506.96 $36,506.96
X 5 FUNISH AND INSTALL 24" STEEL PIPE, CML & CMC, 10 GAUGE, CLASS 150, WELDED JOINTS - UNPAVED ROAD
1850 LF $198.50 $367,225.00
X 6 FURNISH AND INSTALL 24" STEEL PIPE, CML & CMC, 9 GAUGE, CLASS 200, WELDED JOINTS - UNPAVED ROAD
2635 LF $277.78 $731,950.30
X 7 FURNISH AND INSTALL 24" STEEL PIPE, CML & CMC, 1/4"
THICKNESS, WELDED JOINTS - UNPAVED ROAD
100 LF $950.39 $95,039.00
EXHIBIT B
BID PROPOSAL FORM, PROJECT MS26-118
16/ Construction Agreement/High Desert Underground, Inc./Project MS26-118 BASE BID SCHEDULE A HIGH DESERT UNDERGROUND, INC.
Selected Line
Item
Description Quantity Unit of Measure Unit Cost Total
X 8 FURNISH AND INSTALL 24" STEEL PIPE, CML & CMC, 9 GAUGE, CLASS 200, WELDED JOINTS - PAVED ROAD
490 LF $485.97 $238,125.30
X 9 FURNISH AND INSTALL 24" STEEL PIPE, CML & CMC, 1/4"
THICKNESS, WELDED JOINTS - UNPAVED ROAD, SLURRY
BACKFILL
660 LF $722.67 $476,962.20
X 10 FURNISH AND INSTALL 4" BLOW-OFF ASSEMBLY 6 EA $36,368.30 $218,209.80 X 11 FURNISH AND INSTALL 4" AIR VALVE ASSEMBLY 4 EA $36,550.04 $146,200.16 X 12 FURNISH AND INSTALL CATHODIC PROTECTION TEST STATION 9 EA $1,445.79 $13,012.11 X 13 FURNISH AND INSTALL SACRIFICIAL ANODE ASSEMBLY 20 EA $2,042.17 $40,843.40 X 14 FURNISH AND INSTALL 18" BUTTERFLY VALVE 1 EA $15,139.21 $15,139.21 X 15 FURNISH AND INSTALL 24" BUTTERFLY VALVE 4 EA $24,197.89 $96,791.56 X 16 PRESSURE TEST AND DISINFECT 1 LS $34,421.53 $34,421.53 X 17 REVEGETATION AND RESTORATION 1 LS $7,581.86 $7,581.86 X 18 RECORD DRAWINGS (AS BUILTS) 1 LS $3,351.56 $3,351.56 X 19 SALVAGE, HAUL, AND STOCKPILE SUITABLE EXCAVATED
MATERIAL TO A DESIGNATED STOCKPILE AREA NEAR STATION
55+00 FOR POTENTIAL SLOPE RECONSTRUCTION UNDER
SCHEUDLE C
1 LS $12,771.94 $12,771.94
X 20 REMOVE AND STOCKPILE EXISTING BOULDERS NEAR STATION 55+00 FOR FUTURE REINSTALLATION AS PART OF POTENTIAL
SLOPE PROTECTION WORK UNDER SCHEUDLE C
1 LS $19,344.12 $19,344.12
Total $2,669,702.19
EXHIBIT B
BID PROPOSAL FORM, PROJECT MS26-118
17/ Construction Agreement/High Desert Underground, Inc./Project MS26-118
BASE BID SCHEDULE A
BASE BID SCHEDULE A HIGH DESERT
UNDERGROUND, INC.
Selected Line
Item
Description Unit of Measure Unit Cost
X 21 ENVIRONMENTAL MITIGATION, MONITORING, AND REPORTING MEASURES PER
CEQA IS/MND
LS $25,000.00
X 22 AUTHORIZED WORK: THIS ITEM AMOUNT IS SET BY THE CITY, AND REQUIRES
CITY APPROVAL TO BE UTILIZED BY THE CONTRACTOR, ONLY AS DIRECTED BY THE CITY. ANY INVOICED AMOUNT AGAINST THIS LINE ITEM IS SUBJECT TO NON
PAYMENT IF NOT PREVIOUSLY AUTHORIZED BY THE CITY
LS $600,000.00
Total $625,000.00
BASE BID SCHEDULE B
BASE BID SCHEDULE B HIGH DESERT UNDERGROUND, INC.
Selected Line
Item
Description Quantity Unit of Measure Unit Cost Total
X 1 MOBILIZATION/DEMOBILIZATION/BONDS/INSURANCE/PERMITS 1 LS $65,616.21 $65,616.21 X 2 TRAFFIC CONTROL PLANS & IMPLEMENTATION; PUBLIC
CONVENIENCE AND SAFETY
1 LS $57,043.62 $57,043.62
X 3 EXCAVATION SAFETY MEASURES 1 LS $15,325.15 $15,325.15 X 4 FURNISH AND INSTALL SITE IMPROVEMENTS 1 LS $74,101.93 $74,101.93 X 5 FURNISH AND INSTALL 18-INCH STEEL PIPE CML/EPOXY LINED & CMC/PAINTED, 0.1875" WALL THICKNESS
110 LF $2,203.72 $242,409.20
X 6 FURNISH AND INSTALL 24-INCH STEEL PIPE CML/EPOXY LINED & CMC/PAINTED, 0.1875" WALL THICKNESS
420 LF $658.88 $276,729.60
EXHIBIT B
BID PROPOSAL FORM, PROJECT MS26-118
18/ Construction Agreement/High Desert Underground, Inc./Project MS26-118 BASE BID SCHEDULE B HIGH DESERT UNDERGROUND, INC.
Selected Line
Item
Description Quantity Unit of Measure Unit Cost Total
X 7 FURNISH AND INSTALL 18-INCH BUTTERFLY VALVE 2 EA $13,227.92 $26,455.84 X 8 FURNISH AND INSTALL 18-INCH MAGNETIC FLOW METER 1 EA $24,745.82 $24,745.82 X 9 FURNISH AND INSTALL 18-INCH BUTTERFLY VALVE WITH
ELECTRIC ACTUATOR
1 EA $25,385.85 $25,385.85
X 10 FURNISH AND INSTALL 12-INCH BACKFLOW DEVICE 1 EA $48,947.75 $48,947.75 X 11 FURNISH AND INSTALL CHLORINE ANALYZER 1 EA $26,013.51 $26,013.51 X 12 FURNISH AND INSTALL BLOCK WALL BUILDING 1 LS $414,400.31 $414,400.31 X 13 FURNISH AND INSTALL 100-AMP POWER PANEL 1 LS $47,548.54 $47,548.54 X 14 FURNISH AND INSTALL SCADA EQUIPMENT 1 LS $405,994.16 $405,994.16 X 15 FURNISH AND INSTALL ELECTRICAL EQUIPMENT 1 LS $96,727.50 $96,727.50 X 16 PRESSURE TEST AND DISINFECT 1 LS $20,147.72 $20,147.72 X 17 RECORD DRAWINGS (AS BUILTS) 1 LS $3,351.56 $3,351.56 Total $1,870,944.27
ADDITIVE ALTERNATE SCHEDULE C - SLOPE REHABILITATION
ADDITIVE ALTERNATE SCHEDULE C - SLOPE REHABILITATION HIGH DESERT UNDERGROUND, INC.
Selected Line Item Description Quantity Unit of Measure Unit Cost Total X 1 SLOPE GRADING 1 LS $3,790.93 $3,790.93
X 2 INSTALL EXCAVATED TRENCH NATIVE SOILS 600 CY $10.81 $6,486.00 X 3 FURNISH AND INSTALL IMPORTED SOILS 300 CY $75.50 $22,650.00
EXHIBIT B
BID PROPOSAL FORM, PROJECT MS26-118
19/ Construction Agreement/High Desert Underground, Inc./Project MS26-118 ADDITIVE ALTERNATE SCHEDULE C - SLOPE REHABILITATION HIGH DESERT UNDERGROUND, INC.
Selected Line Item Description Quantity Unit of Measure Unit Cost Total X 4 INSTALL DISPLACED BOULDERS 1 LS $25,208.11 $25,208.11 X 5 FURNISH AND INSTALL IMPORTED BOULDERS 700 TON $106.10 $74,270.00 X 6 FURNISH AND INSTALL CEMENT TREATED SOILS 210 CY $121.35 $25,483.50 Total $157,888.54
EXHIBIT B
BID PROPOSAL FORM, PROJECT MS26-118
20/ Construction Agreement/High Desert Underground, Inc./Project MS26-118
ATTACHMENT D –
AMENDMENT NO. 4
CIP #74338
Consultant/Professional Services Provider Agreement/Civiltec Engineering, Inc./Project ESC21-050/Amendment #4
AMENDMENT NUMBER: FOUR
TO
CONSULTANT/PROFESSIONAL SERVICES PROVIDER
AGREEMENT
BY AND BETWEEN
VICTORVILLE WATER DISTRICT
AND
CIVILTEC ENGINEERING, INC.
FOR
TURNOUT NO. 5 AMETHYST ROAD WATER PIPELINE
AND METERING FACILITY PROJECT,
PROJECT ESC21-050
THIS AMENDMENT (the "Amendment"), is made and entered into this ______ day of _______, 2026, by and between the VICTORVILLE WATER DISTRICT, a County water district and subsidiary district of the City of Victorville, organized and existing in the County of San Bernardino under and by virtue of the laws of the State of California, hereinafter referred to as the "District", and Civiltec Engineering, Inc., a California corporation, hereinafter referred to as "Consultant." District and Consultant are sometimes hereinafter referred to individually as a "Party" and collectively referred to as the "Parties."
Recitals
1. WHEREAS, the District has a Consultant/Professional Services Provider Agreement (hereinafter referred to as the “Original Agreement”) with the Consultant to provide Turnout No. 5 Amethyst Road Water Pipeline and Metering Facility Project, Project ESC21- 050; and
2. WHEREAS, on or about October 26, 2021, Amendment One (1) was issued to the Original Agreement to increase Section 3., Compensation by $75,250.00 to cover added services, thereby revising the total cumulative not to exceed sum from $176,318.40 to $251,568.40; and amend Section 4., Fee Schedule to include additional services as set forth in the Consultant’s revised Proposal; and
3. WHEREAS, on or about May 30, 2023, Amendment Two (2) was issued to the Original Agreement to increase Section 3., Compensation by $45,000.00 to cover added services, thereby revising the total cumulative not to exceed sum from $251,568.40 to $296,568.40; and amend Section 4., Consultant’s Proposal, to include additional services as set forth in the Consultant’s revised Proposal; and
4. WHEREAS, on or about November 10, 2025, Amendment Three (3) was issued to the Original Agreement to increase Section 3., Compensation by $83,225.00 to cover added services, thereby revising the total cumulative not to exceed sum from $296,568.40 to $379,793.40; amend Section 4., Consultant’s Proposal, to include additional services as CIP #74338
Consultant/Professional Services Provider Agreement/Civiltec Engineering, Inc./Project ESC21-050/Amendment #4
set forth in the Consultant’s revised Proposal; and revise the term of Agreement to expire February 6, 2028; and
5. WHEREAS, it is the desire of the Parties to issue Amendment Four (4) to the Original Agreement to increase Section 3., Compensation by $117,750.00 to cover added services, thereby revising the total cumulative not to exceed sum from $379,793.40 to $497,543.40; amend Section 4., Consultant’s Proposal, to include additional services as set forth in the Consultant’s revised Proposal; and
6. NOW THEREFORE , in consideration of the covenants, conditions, and promises contained herein and for such other good and valuable consideration, receipt of which is hereby acknowledged, the Parties are willing to amend the Original Agreement as stated below.
Contract Amendment
Section 3. – COMPENSATION – is amended as follows:
“The District shall pay to Consultant a sum not to exceed Four Hundred Ninety-Seven Thousand Five Hundred Forty -Three and 40/100 dollars ($ 497,543.40) for faithful performance of the services to be rendered under this Agreement, subject to the Fee Schedule provisions of Section 4, below.”
Section 4. – CONSULTANT’S PROPOSAL – is amended as follows:
“The District shall pay Consultant for those additional services set forth in Consultant’s revised Proposal dated July 22 , 202 6, attached hereto as Exhibit A, Amendment 4 and hereby incorporated as part of this agreement by this reference.”
(SIGNATURES ON NEXT PAGE)
CIP #74338
Consultant/Professional Services Provider Agreement/Civiltec Engineering, Inc./Project ESC21-050/Amendment #4
IN WITNESS WHEREOF, the parties hereto have caused the Amendment to the Original Agreement to be entered as of the dates written below.
PARTY OF THE FIRST PART PARTY OF THE SECOND PART
VICTORVILLE WATER DISTRICT CIVILTEC ENGINEERING, INC.
By:_______________________________ By:________________________________ Elizabeth Becerra, David Song,
District Chairman PE, Principal
Dated:____________________________ Dated:_____________________________
ATTEST
By:_______________________________
Jennifer Thompson,
District Secretary
Dated:____________________________
APPROVED AS TO STANDARD FORM
By:______________________________
Andre de Bortnowsky,
District Legal Counsel
Dated:___________________________
By:______________________________
Sandra Bostick,
District Risk Manager
Dated:___________________________
Civil, Water, Wastewater, Drainage and Transportation Engineering Construction Management ● Surveying
California ● Arizona
605 E. Huntington Drive, Suite 205, Monrovia, CA 91016 | P: 626.357.0588 July 22, 2026
City of Victorville
Victorville Water District
14343 Civic Drive
Victorville, CA 92393
Subject: Budget Amendment #4 – Turnout No. 5 Amethyst Road Water Pipeline and Metering Facility
To: Dennis Lee, P.E.
Civiltec would like to present Budget Amendment 3 that requests a budget amendment for the subject project. Additional services are required to provide support du ring bidding and construction . Services include attendance at meetings, site visits, responding to RFIs, review of shop drawings, interpretation of contract conditions required by the contractor, and pre paration of final as-built drawings. Additional services are also required for environmental monitoring and reporting to be performed by our subconsultant SWCA. Services include performance of 30-day pre-construction surveys, pre-construction nesting bird- surveys, pre -construction flagging, special status species report, WEAP training, and construction monitoring per the Mitigation, Monitoring, and Reporting Program as required by the adopted and filed Initial Study/Mitigated Negative Declaration under CEQA for the Turnout No. 5 Amethyst Road Water Pipeline and Metering Facility.
A breakdown of budget is included below.
Table 1: Proposed Budget
Engineering Services Budget
PHASE 1 – Final Design
Task 2. Bidding and Construction Support $45,000.00
PHASE 2 – Environmental Services
Task 3. Mitigation, Monitoring, and Reporting Program $72,750.00 TOTAL $117,750.00
The contract amount is revised as follows:
• Original Contract Amount: $176,318.40
• Budget Amendment #1: $75,250.00
• Budget Amendment #2: $45,000.00
• Budget Amendment #3: $83,225.00
• Budget Amendment #4: $117,750.00
• Revised Contract Amount: $497,543.40
EXHIBIT A, AMENDMENT 4, REVISED PROPOSAL, PROJECT ESC21-050 Dennis Lee, P.E.
Turnout No. 4 Amethyst Road Water Pipeline and Metering Facility July 22, 2026
2 of 2
Please contact the undersigned directly with any questions.
Sincerely,
CIVILTEC engineering, inc.
David Song, P.E.
Principal Engineer, Branch Manager
EXHIBIT A, AMENDMENT 4, REVISED PROPOSAL, PROJECT ESC21-050 ATTACHMENT E –
CONSULTANT/
PROFESSIONAL
SERVICES PROVIDER
AGREEMENT
1 Consultant/Professional Services Provider Agreement/Merrell Johnson Engineering, Inc./Project MS26-110
CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT
BY AND BETWEEN
VICTORVILLE WATER DISTRICT
AND
MERRELL JOHNSON ENGINEERING, INC.
FOR
CONSTRUCTION INSPECTION AND MATERIALS TESTING FOR
TURNOUT NO. 5 – AMETHYST ROAD WATER PIPELINE AND
METERING FACILITY PROJECT, PROJECT MS26-110
THIS CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT (hereinafter “Agreement”), dated this __________________ day of ______________, 20___, for reference purpose only, is made and entered into by and between the VICTORVILLE WATER DISTRICT, a County water district and subsidiary district of the City of Victorville, organized and existing in the County of San Bernardino under and by virtue of the laws of the State of California, hereinafter referred to as the “District”, and Merrell Johnson Engineering, Inc., a California corporation, hereinafter referred to as “ Consultant.” District and Consultant are sometimes hereinafter referred to individually as a “Party” and collectively referred to as the “Parties.”
RECITALS:
WHEREAS, the District requires Consultant/Professional Services Provider Agreement Construction Inspection and Materials Testing for Turnout No. 5 – Amethyst Road Water Pipeline and Metering Facility Project, Project MS26-110; and
WHEREAS, Consultant represents that it is fully qualified to perform the consulting and/or professional services required for performance under this Agreement by virtue of its experience and the training, education and expertise of its principals and its employees; and
WHEREAS, in light of the facts set forth above, the District desires to retain the services of a qualified Consultant to provide, on an independent contractor basis, Construction Inspection and Materials Testing for Turnout No. 5 – Amethyst Road Water Pipeline and Metering Facility Project, Project MS26-110; and
NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS, AND
PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE
CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS:
Section 1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth fully herein.
Section 2. CONSULTANT’S PROPOSAL
Consultant shall provide to the District those services set forth in the Consultant’s Proposal, attached hereto as Exhibit “A”, and incorporated as part of this Agreement by this reference.
2 Consultant/Professional Services Provider Agreement/Merrell Johnson Engineering, Inc./Project MS26-110
Section 3. COMPENSATION
The District shall pay to Consultant a sum not to exceed Two Hundred Thirty Eight Thousand and Two Hundred 00/100 D ollars ($238,200.00) for faithful performance of the services to be rendered under this Agreement, subject to the Fee Schedule provisions of Section 4, below. No expense reimbursements, including, but not limited to, reimbursements for travel, parking, lodging, and/or meals shall be paid to Consultant unless such expense reimbursements:
(i) are specifically provided for and described by nature and type in Exhibit “B”, below; (ii) appear on Consultant’s monthly invoices to District ; (iii) are supported by the appropriate receipts and other such documentation as the District shall require; and (iv) are directly related to the Scope of Services to be performed under this Agreement. In addition, any and all reimbursements shall be made in accordance with any District policy governing same.
Section 4. BID PROPOSAL
The District shall pay Consultant as provided in the Bid Proposal, attached hereto as Exhibit “B”, and incorporated as part of this Agreement by this reference , subject to the provisions of Section 5. The provisions of Exhibit “B” notwithstanding, in order to receive payments, Consultant shall be required to submit to the District detailed monthly invoices which include, if applicable, a description of all services/tasks performed, the number of hours expended on each service/task, the name of the person performing the service/task, and expense reimbursement information, if any, as required by Section 3, above. Provided that services have been satisfactorily rendered, invoices shall be paid by the District approximately thirty (30) working days following receipt of Consultant’s invoice.
Section 5. STATE PREVAILING WAGE AND RELATED LABOR PROVISIONS
a. Compliance with State Prevailing Wage Law. Pursuant to California Labor Code Section 1773, the District has obtained from the Director of the Department of Industrial Relations (“DIR”) the general prevailing rate of per diem wages and the general prevailing wage rate for holiday and overtime work applicable for each craft, classification, or type of worker in San Bernardino County, California, where the Project is to be performed. Copies of these prevailing rate of per diem wages are on file at the City of Victorville Finance Department/Purchasing Division and shall be made available for review to any interested party on request. Copies of these prevailing rate of per diem wages are also available from the State of California via the internet at http://www.dir.ca.gov/DLSR/PWD. Consultant and its subconsultants/subcontractors shall pay not less than said specified prevailing rate of per diem wages to all workers employed by them in the performance of any work under this Agreement which constitutes “public works” or “public work”, including without limitation, the Construction Inspection and Materials Testing for Turnout No. 5 – Amethyst Road Water Pipeline and Metering Facility Project , and any other work or services described in or encompassed by California Labor Code (“ Labor Code”) Sections 1720 through 1720.9, 1771, and 1772. Consultant shall be solely responsible for using the correct and current prevailing wage rates and performing accordingly. An error on the part of any awarding body does not relieve the Consultant from the responsibility for payment of the correct prevailing wage, or compliance with the maintenance and inspection of payroll records, posting of prevailing wage rates at the work/job site, employment of apprentices, and other requirements of Labor Code Section 1720 et seq.; Labor Code Section 1810 et seq.; California Code of Regulations, Title 8, Section 16000 et seq.; and all other applicable State labor laws.
b. Designation as Consultant Not Determinative. For purposes of this Agreement, Consultant its subconsultants or subcontractors shall be subject to and shall comply with all 3 Consultant/Professional Services Provider Agreement/Merrell Johnson Engineering, Inc./Project MS26-110
provisions of the Labor Code applicable to contractors and subcontractors when they are engaged in the performance of any work under this Agreement which constitutes “public works” or “public work” as defined in subsection a above, despite being designated as a Consultant or subconsultant herein.
c. Conflict. It is further expressly agreed by and between the Parties hereto that should there be any conflict between the provisions of this Section 5 and the terms of Exhibit “A” or Exhibit “B” of this Agreement, the provisions of this Section 5 shall control, and nothing herein shall be considered as an acceptance of the terms of Consultant’s Scope of Services, Scope of Work, or Cost/Bid Proposal which conflict with the provisions of this Section 5.
d. Payroll Records. Consultant and its subconsultants/subcontractors must comply with the provisions of Labor Code sections 1776 and 1812 and all implementing regulations, including without limitation, those set forth in Title 8 of the California Code of Regulations, Section 16000 et seq. (hereinafter the “ Regulations”), which are fully incorporated by this reference, including requirements for electronic submission of payroll records to the DIR. (1) Consultant and Subconsultant/Subcontractor Obligations . Consultant and each subconsultant or subcontractor must keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the Work. Each payroll record must contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(a) The information contained in the payroll record is true and correct; and
(b) Consultant and /or subconsultant/subcontractor has complied with the requirements of Labor Code Sections 1771, 1811, and 1815 for any covered work performed by its employees on the Project.
(2) Certified Record. A certified copy of an employee’s payroll record must be made available for inspection or furnished to the employee or his or her authorized representative on request, to the District, to the Division of Labor Standards Enforcement, to the Division of A pprenticeship Standards of the DIR, and as further required by the Labor Code.
(3) Enforcement. Upon notice of noncompliance with Labor Code Section 1776, Consultant and/or subconsultant/subcontractor has ten days in which to comply with the requirements of this section. If Consultant and/or subconsultant/subcontractor fails to do so within the ten- day period, Consultant and/or subconsultant/subcontractor will forfeit a penalty of $100.00 per day, or portion a day, for each worker for whom compliance is required, until strict compliance is achieved. Upon request by the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, these penalties will be withheld from payments then due to Consultant and/or subconsultant/subcontractor.
(4) Payment of Invoices. Copies of the certified payrolls, proof of payroll submissions, and appropriate lien releases are required with each invoice to the District . Payment of the invoice may be delayed when payroll-related documents and/or lien releases are not included with the invoice.
4 Consultant/Professional Services Provider Agreement/Merrell Johnson Engineering, Inc./Project MS26-110
e. Apprentices. Consultant is responsible for compliance with the requirements governing employment and payment of apprentices, as set forth in Labor Code section 1777.5, which is fully incorporated by reference.
f. Notices. Pursuant to Labor Code section 1771.4, Consultant is required to post all Job Site notices, including prevailing wage rates and other notices, as required by regulation.
g. Other Labor Requirements. Consultant has the responsibility for and shall comply with all other applicable requirements of Labor Code Section 1720 et seq., Labor Code Section 1810 et seq ., the Regulations, and all other applicable State labor laws. Consultant further acknowledges and agrees that it will be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with those laws. Consultant shall require the same of all its subconsultants or subcontractors.
h. Statutory Penalties. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hours laws will be enforced as follows:
(1) Pursuant to Labor Code section 1775, the Consultant and any subcontractor/subconsultant under it shall forfeit as a penalty to the District not more than Two Hundred Dollars ($200.00), for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate as determined by the Director of the DIR for such work or craft in which such worker is employed for any public work done under this Agreement by it or by any subcontractor/subconsultant under it. The difference between such prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Consultant and/or subconsultant/subcontractor as provided for in Section 1775.
(2) Pursuant to Labor Code Section 1813, Consultant and its subconsultants or subcontractors shall, as a penalty to the District , forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by the respective Consultant or subconsultant/subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week, except as specified in Labor Code Section 1815. In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day.
i. DIR Monitoring. Pursuant to Labor Code Section 1771.4, this Agreement is subject to compliance monitoring and enforcement by the DIR.
j. DIR Registration . Pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and its subconsultants/subcontractors must be registered with the DIR prior to the execution of a contract to perform public works. By entering into this Agreement, Consultant represents that it is aware of the registration requirement and is currently registered with the DIR.
Consultant shall maintain a current registration for the duration of the Agreement. Consultant shall further include the requirements of Labor Code Sections 1725. 5 and 1771.1 in any subcontract and ensure that all subconsultants/subcontractors are registered at the time this Agreement is entered into and maintain registration for the duration thereof.
Section 6. TERM OF AGREEMENT
This Agreement shall be for an Initial Term of one (1) year commencing on the date of full execution of the Agreement (the “Commencement Date”) and expiring on one (1) year from the Commencement Date (the “Termination Date”) (the “Term”), unless terminated earlier 5 Consultant/Professional Services Provider Agreement/Merrell Johnson Engineering, Inc./Project MS26-110
pursuant to Section 21 of this Agreement. From and after the Termination Date, and upon subsequent agreement by the Parties, this Agreement may continue on a month-to-month basis until terminated pursuant to Section 21 below.
Section 7. INDEPENDENT CONTRACTOR STATUS
It is the express intention of the Parties that Consultant is an independent contractor and not an employee, agent, joint venturer, or partner of the District. Nothing in this agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between the District and Consultant or any employee or agent of Con sultant. Both P arties acknowledge that Consultant is not an employee for state or federal tax purposes or any other purpose. Consultant shall retain the right to perform services for others during the term of this agreement.
Section 8. REPRESENTATIONS AND ACKNOWLEDGMENTS
REGARDING INDEPENDENT CONTRACTOR’S STATUS OF
CONSULTANT
a. Consultant represents and acknowledges the following:
(1) The District is not required to provide any training or legal counsel to Consultant or its employees in order for Consultant to perform the services described in this Agreement.
(2) Performance of the services described in this Agreement does not have to be integrated into the daily business operations of the District.
(3) The services described in this Agreement can be performed without the use of District equipment, materials, tools, or facilities, unless otherwise provided under a separate agreement.
(4) Nothing in this Agreement shall be interpreted to imply that the District must maintain any contractual relationship with Consultant on a continuing basis after termination of this Agreement.
(5) The District will not be requested or demanded to assume any liability for the direct payment of any salary, wage, or other such compensation to any person employed by Consultant to perform the services described in this Agreement.
(6) Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are employees of the District.
b. The District represents and acknowledges the following:
(1) Consultant is solely responsible for determining who, under the supervision or direction of Consultant, will perform the services set forth in this Agreement.
(2) The District will not hire, supervise, or pay any employees or assistants working for Consultant pursuant to this Agreement.
(3) Nothing in this Agreement shall be interpreted to imply that Consultant must maintain any contractual relationship with the District on a continuing basis after termination of this Agreement.
6 Consultant/Professional Services Provider Agreement/Merrell Johnson Engineering, Inc./Project MS26-110
(4) It is the sole responsibility of Consultant to set the hours in which Consultant performs or plans to perform the services set forth in this Agreement.
(5) Consultant is not required to devote full time to the business operations of the District in order to perform the services set forth in this Agreement.
(6) Unless deemed necessary under certain circumstances, Consultant is not required to perform the services set forth in this Agreement at City Hall or on District -owned property.
(7) Other than attendance at required public meetings and public hearings, and complying with the provisions of the Bid Proposal set forth in Exhibit B and any procedural requirements set forth by law, Consultant is not required to perform the services set forth in this Agreement in any particular order or sequence.
(8) Nothing in this Agreement shall be interpreted to preclude Consultant from working for other persons or firms, provided that such work does not create a conflict of interest.
Section 9. NOT AGENT OF THE DISTRICT
a. Nothing contained in this Agreement shall be deemed, construed, or represented by the District or Consultant or by any third person to create the relationship of principal and agent.
b. Consultant shall have no authority, express or implied, to act on behalf of the District in any capacity whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind the District to any obligation whatsoever.
Section 10. LICENSES AND PERMITS
Consultant represents that it has obtained and will maintain at all times during the I nitial Term (and during the Option Period, if applicable) of this Agreement all business licenses, including but not limited to a City of Victorville business license, professional licenses or certifications, or permits necessary for performing the services described in this Agreement.
Section 11. STANDARD OF PERFORMANCE; WARRANTY
a. Consultant agrees to perform all services required by this Agreement in a professional and competent manner, in accordance with the degree of skill and diligence which is normally employed by reputable professionals performing similar services under similar conditions in the same or similar locality. Such services shall also be performed in a manner which is reasonably satisfactory to Fredy A. Bonilla, P.E., City Engineer, or his designee.
b. By executing this Agreement, Consultant warrants that it:
(1) Has thoroughly investigated and considered the services and work to be performed;
(2) Has investigated the issues regarding the scope of services to be provided;
(3) Has carefully considered how the services and related work should be performed; and
(4) Fully understands the facilities, difficulties and restrictions associated with performance of the services required by this Agreement. 7 Consultant/Professional Services Provider Agreement/Merrell Johnson Engineering, Inc./Project MS26-110
Section 12. FAMILIARITY WITH WORK
Should Consultant discover any latent or unknown conditions materially differing from those inherent in the services or as represented by the District , Consultant shall immediately inform the District of such fact and shall not provide any services, except at Consultant's risk, until written instructions are received from Fredy A. Bonilla, P.E., City Engineer, or his designee.
Section 13. CONFLICTS OF INTEREST
Consultant covenants that it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the performance of Consultant’s services under this Agreement. Consultant further covenants that in the performance of services under this Agreement, no officer, employee or agent of Consultant having such interest shall be employed by it. In the event the District determines that Consultant must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Consultant shall file such Form 700 with the District Secretary’s Office pursuant to the written instructions provided by the District Secretary. Acquisition or maintenance of a conflicting interest by Consultant may result in termination of this Agreement by the District.
Section 14. COMPLIANCE WITH LAWS
Consultant shall comply with all local, state, and federal laws and regulations applicable to the services to be rendered hereunder, including any rule, regulation, or bylaw governing the conduct or performance of Consultant or its employees, officers, or board members.
Section 15. COMMERCIAL GENERAL AND AUTOMOBILE LIABILITY
INSURANCE
a. Consultant shall procure and maintain at its own expense, during the I nitial Term of this Agreement (and during the Option Period, if applicable) , Commercial General Liability Insurance, of not less than Two Million Dollars ($ 2,000,000) per occurrence, and Four Million Dollars ($4,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or damage resulting from the wrongful or negligent acts by Consultant or its officers, employees, servants, volunteers, and agents and independent contractors.
b. Consultant shall further procure and maintain, at its own expense, during the Initial Term of this Agreement, (and during the Option Period, if applicable), Commercial Vehicle Liability Insurance covering personal injury and property damage, of not less than Two Million Dollars ($2,000,000) combined single limit, covering any vehicle utilized by Consultant or its officers, employees, servants, volunteers, agents and independent contractors in performing the services required by this Agreement.
Section 16. WORKERS' COMPENSATION INSURANCE
a. Consultant shall procure and maintain at its own expense, during the I nitial Term of this Agreement (and during the Option Period, if applicable), Workers' Compensation and Insurance, providing coverage as required by the California State Workers' Compensation Law.
b. If any class of employees employed by the Consultant pursuant to this Agreement is not protected by the California State Workers' Compensation Law, Consultant shall provide adequate insurance for the protection of such employees to the satisfaction of the District.
8 Consultant/Professional Services Provider Agreement/Merrell Johnson Engineering, Inc./Project MS26-110
Section 17. PROFESSIONAL LIABILITY INSURANCE
Professional Liability Insurance or Errors and Omissions insurance as appropriate to Consultant’s profession shall be required and written on a policy form specifically designed to provide coverage for and protect against the negligent acts, errors and omissions of the Consultant in the performance of the services required by this Agreement. A minimum limit of $2,000,000 per claim and in the aggregate must be provided.
Section 18. ADDITIONAL INSURED
Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, all insurance policies, except for the Workers' Compensation and Professional Liability , shall be endorsed to name the District, the City of Victorville, their officers, employees, servants, volunteers, agents and independent contractors, including, without limitation, the District Legal Counsel, as Additional Insureds.
Section 19. WAIVER OF SUBROGATION RIGHTS
Consultant shall require the carriers of all required insurance policies , to waive all rights of subrogation against the District, the City of Victorville, and their officers, employees, servants, volunteers, agents, and independent contractors and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver.
Section 20. PROOF OF INSURANCE COVERAGE; REQUIRED
ENDORSEMENTS
a. Consultant shall secure from a good and responsible company or companies authorized to transact insurance business in the State of California, the policies of insurance required by this Agreement and furnish to the Clerk certificates of insurance evidencing the required coverage, and policy endorsements at least two (2) weeks prior to the commencement of any services to be performed under this Agreement.
b. The policies and certificates of insurance shall be endorsed to provide that in the event of cancellation or amendment of any required insurance policy for any reason whatsoever, the District shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. In the case of cancellation for non-payment, ten (10) days advance written notice shall be given.
c. Each policy and certificate of insurance shall be endorsed to provide that the policy shall not be terminated or expire without first providing thirty (30) days written notice to the District of such termination or expiration.
d. Each policy and certificate of insurance shall be endorsed to provide that the policy will be maintained throughout the Initial Term (and during the Option Period, if applicable), of this Agreement.
e. The commercial general liability and vehicle liability policies shall be endorsed to contain the following provision: “For any claims related to this contract, the Consultant’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the District, its officers, officials, employees, and volunteers. Any insurance or self - insurance maintained by the District, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.”
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Section 21. TERMINATION OR SUSPENSION
a. This Agreement may be terminated or suspended without cause by either Party at any time, provided that the Party initiating the termination provides the other Party at least thirty (30) days advance written notice of such termination or suspension. In the event of such termination, the District shall only be liable for payment under the payment provisions of this Agreement for satisfactory services rendered or supplies actually furnished prior to the effective date of termination.
b. This Agreement may be terminated or suspended with cause by either Party at any time, provided that the Party initiating termination provides the other Party at least ten (10) days advance written notice of such termination or suspension. In the event of such termination, the District shall only be liable for payment under the payment provisions of this Agreement for satisfactory services rendered or supplies actually furnished prior to the effective date of termination.
Section 22. TIME OF THE ESSENCE
Time is of the essence in the performance of this Agreement.
Section 23. INDEMNIFICATION
a. Except as set forth in Subsection b of this Section 23, and to the fullest extent permitted by law, Consultant shall immediately defend, indemnify, and hold harmless the District, its officers, employees, representatives, and agents (the “District Indemnitees”), from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and reasonable attorneys’ fees, for any personal injuries, deaths, or property damage, including property owned by the District (collectively “Claims”) which may arise out of Consultant's negligence or willful misconduct in the performance of the services described in this Agreement, unless such Claims are proven to be caused by the negligence or willful misconduct of the District Indemnitees.
b. The provisions of this Subsection b apply only in the event that Consultant is a design professional within the meaning of California Civil Code section 2782.8 (“Design Professional”). The term Design Professional, as defined in said section, is limited t o licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code.
(1) Notwithstanding the provisions of Subsection a above, to the extent that the services to be provided under this Agreement are those of a Design Professional, Consultant's duty to indemnify, hold harmless, and defend the District Indemnitees shall be limited to the extent that any Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, its officers, agents, employees or subconsultants in the performance of the services described in this Agreement.
(2) In no event shall the costs of defense charged to Consultant exceed the Consultant’s proportionate percentage of fault, except as otherwise set forth in said Civil Code section 2782.8, the provisions of which are incorporated into this Agreement by this r eference.
Nothing in this Subsection b shall be construed to require Consultant to provide indemnification for Claims caused by the active negligence or willful misconduct of the District Indemnitees.
10 Consultant/Professional Services Provider Agreement/Merrell Johnson Engineering, Inc./Project MS26-110
c. The District does not and shall not waive any rights that it may have against Consultant under this Section, because of the acceptance by the District, or the deposit with the District, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions of this Section 23 shall apply regardless of whether said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense described herein.
d. The obligation to indemnify and defend, as set forth in this Section 23, is binding on the successors, assigns, or heirs of Consultant and shall survive the expiration or any early termination of this Agreement.
Section 24. REPORTS
Upon request by Fredy A. Bonilla, P.E., City Engineer, or his designee, or as otherwise required by this Agreement, including but not limited to, the Scope of Services set forth in Exhibit “A”, Consultant shall prepare and submit reports to the District concerning Consultant's performance of the services required by this Agreement.
Section 25. RECORDS
a. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable Fredy A. Bonilla, P.E., City Engineer , or his designee, to evaluate the cost and the performance of such services.
b. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles.
c. Fredy A. Bonilla, P.E., City Engineer , or his designee, shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
d. Records and supporting documents pertaining to the use of funds paid to Consultant hereunder shall be retained by Consultant and made available to Fredy A. Bonilla, P.E., City Engineer, or his designee, for purposes of performing an audit for a period of five (5) years from the date of termination of this Agreement.
Section 26. CLAIMS AND DISPUTE RESOLUTION
Except for such claims as defined in and covered by California Public Contract Code Section 9204 (“Section 9204”), which are subject to the procedures set out in therein (the full text of Section 9204 is set forth below), any dispute arising out of or relating to the provisions of any construction Contract awarded for this Project, or the breach thereof, shall be s ettled in the manner set forth in the executed Contract, or if not specified therein, by the following process:
A. Each Party shall designate a senior management or executive level representative to negotiate any dispute.
B. The representatives shall attempt, through good faith negotiations, to resolve the dispute by any means within their authority.
C. If the issue remains unresolved after ten (10) days of good faith negotiations, the Parties shall attempt to resolve the disagreement by negotiation between the legal counsel for each Party. If the above process fails, the Parties may mutually agree to engage in non-binding 11 Consultant/Professional Services Provider Agreement/Merrell Johnson Engineering, Inc./Project MS26-110
mediation or arbitration in which the Parties equally share the costs of any mediator or arbitrator, or may proceed with suit or other remedies, subject to the provisions of paragraph (5) below and other applicable provisions and laws.
D. The alternative dispute resolution process set forth herein is a material condition of any Contract entered into for the Project and must be exhausted as an administrative remedy prior to either Party initiating legal action.
E. Compliance with Victorville Municipal Code Section 2.24.020 and the provisions of the Government Claims Act (Government Code section 810 et seq.) is also required prior to initiating suit against the City or District.
California Public Contract Code Section 9204.
(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner.
(b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project.
(c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project.
(B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled.
(C) Payment of an amount that is disputed by the public entity.
(2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project.
(3) (A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency.
(B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department.
(ii) The Department of Transportation as to any project under the jurisdiction of that department.
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(iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department.
(iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code.
(v) The Military Department as to any project under the jurisdiction of that department.
(vi) The Department of General Services as to all other projects.
(vii) The High-Speed Rail Authority.
(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind.
(5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor.
(d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision.
(B) The claimant shall furnish reasonable documentation to support the claim.
(D) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion.
(E) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.
(2) (A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and con fer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute.
(B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of 13 Consultant/Professional Services Provider Agreement/Merrell Johnson Engineering, Inc./Project MS26-110
the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.
(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation.
Any mediation utilized shall conform to the timeframes in this section.
(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
(F) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant.
(4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on their own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.
(e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section.
(f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civi l action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as 14 Consultant/Professional Services Provider Agreement/Merrell Johnson Engineering, Inc./Project MS26-110
the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.
(g) This section applies to contracts entered into on or after January 1, 2017.
(h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations.
(i) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2027, deletes or extends that date.
Section 27. CONFIDENTIALITY; OWNERSHIP OF WORK
a. Any and all documents and information obtained from the District or prepared by Consultant for the District shall be kept strictly confidential unless otherwise provided by applicable law. All District data, documents and information shall be returned to the District upon termination of the Agreement.
b. Any drawings, specifications, reports, records, documents, or other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of Fredy A. Bonilla, P.E., City Engineer , or his designee, or as required by applicable law.
c. Consultant shall not disclose to any other entity or person any information regarding the activities of the District, except with the prior written approval of Fredy A. Bonilla, P.E., City Engineer, or his designee, or as required by applicable law.
d. All original documents, reports, designs, computer files and all other materials prepared by Consultant in the course of performing the services pursuant to this Agreement, whether completed or in progress, are the property of the District and shall be surrendered to the District upon the completion of Consultant’s services or when requested by Fredy A. Bonilla, P.E., City Engineer, or his designee. Such materials may be used, reused or otherwise disposed of by the District without the permission of Consultant.
e. Consultant’s covenants under this Section 27 shall survive the termination of this Agreement.
Section 28. PRINCIPAL REPRESENTATIVES
a. Sean Best, Project Manager , is designated as the principal representative of Consultant for purposes of communicating with the District on any matter associated with the performance of the services set forth in this Agreement.
b. Fredy A. Bonilla, P.E., City Engineer , or his designee, shall be the principal representative of the District for purposes of communicating with Consultant on any matter associated with the performance of the services set forth in this Agreement.
c. Either Party may designate another individual as its principal representative by giving written notice of such designation to the other Party.
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Section 29. MODIFICATIONS AND AMENDMENTS; EXTRA SERVICES
a. This Agreement may be modified or amended only by a written instrument signed by both Parties.
b. During the Initial Term, the District may request that the Consultant perform Extra Services. As used herein, "Extra Services" means any services, which are determined by the District to be necessary for the proper completion of Construction Inspection and Materials Testing Services for Turnout No. 5 – Amethyst Road Water Pipeline and Metering Facility Project but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. A written instrument signed by both Parties shall be required to authorize performance of and payment for Extra Services.
Section 30. ENTIRE AGREEMENT
a. This Agreement supersedes any and all prior or contemporaneous agreements, either oral or written, between the District and Consultant with respect to the subject matter of this Agreement.
b. This Agreement contains all of the covenants and agreements between the Parties with respect to the subject matter of this Agreement, and each Party to this Agreement acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any Party, except those covenants and agreements in this Agreement.
c. No agreement, statement, or promise with respect to the subject matter of this Agreement, which is not contained in this Agreement, or in a valid modification or amendment to this Agreement, shall be valid or binding on either Party.
Section 31. AMBIGUITIES
This Agreement is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted agains t either of them.
Except as expressly limited by this paragraph, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Agreement.
Notwithstanding the foregoing, the Parties agree that Exhibits “A” and “B” are attached hereto for reference purposes and to the extent there are any ambiguities, inconsistencies or conflicts between the terms of this Consultant/Professional Services Standard Provider Agreement and Exhibit s “A” and “B” the terms of this Consultant/Professional Services Standard Provider Agreement shall control and nothing set forth in Exhibit s “A” and “B” shall be deemed to supersede any of the provisions of this Consultant/Professional Services Standard Provider Agreement.
Section 32. NOTICES
a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the Parties as follows:
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To the District: Fredy A. Bonilla, P.E., City Engineer
Engineering Department
City of Victorville
14343 Civic Drive
Victorville, CA 92392
To Consultant: Sean Best, Project Manager
Merrell Johnson Engineering, Inc.
20258 Hwy 18, Ste 430-483
Apple Valley, CA 92307
b. Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.
Section 33. NON-LIABILITY OF DISTRICT OFFICERS AND
EMPLOYEES
No officer or employee of the District shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by the District or for any amount, which may become due to Consultant or to its successor(s), or for any breach of any obligation of the terms of this Agreement.
Section 34. REVIEW BY ATTORNEYS
Each Party hereto has had its attorney(s) review this Agreement and all related documents. Each Party hereto has consulted with its attorney(s) and has negotiated the terms of this Agreement based on such consultation.
Section 35. WAIVER
a. No waiver shall be binding unless executed in writing by the Party making the waiver.
b. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision.
c. Failure of either Party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of such provision or any of the remaining provisions of this Agreement.
Section 36. ASSIGNMENT
This Agreement shall not be assigned by either Party without prior written consent of the other Party.
Section 37. CARE OF WORK
The performance of services by Consultant or the payment of money by the District shall not relieve Consultant from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to the District, when such incomplete, inaccurate or defective work is due to the negligence of Consultant.
17 Consultant/Professional Services Provider Agreement/Merrell Johnson Engineering, Inc./Project MS26-110
Section 38. CAPTIONS AND HEADINGS
The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.
Section 39. SUCCESSORS, HEIRS, AND ASSIGNS
Except as otherwise expressly provided herein, this Agreement shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties to this Agreement and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties.
Section 40. GENDER
In this Agreement, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another.
Section 41. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs, or sections contained herein is declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.
Section 42. GOVERNING LAW
The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the Parties under this Agreement, shall be construed pursuant to and in accordance with California law.
Section 43. DEFAULT
a. Failure or delay by any Party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided however, that if the Party who is otherwise claimed to be in default by the other Party commences to cure, correct, or remedy the alleged default within fifteen (15) days after receipt of written notice specifying such default and shall diligently complete such cure, correction, or remedy, such Party shall not be deemed to be in default hereunder.
b. The Party claiming that a default has occurred shall give written notice of default to the Party in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured Party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice, as specified herein.
c. Any failure or delay by a Party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default.
18 Consultant/Professional Services Provider Agreement/Merrell Johnson Engineering, Inc./Project MS26-110
d. In the event that a default by any Party to this Agreement may remain uncured for more than fifteen (15) days following written notice, as provided above, the injured Party shall be entitled to seek any appropriate remedy or damages by initiating legal proceedings.
Section 44. CUMULATIVE REMEDIES
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercis e by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other Party.
Section 45. VENUE
All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or f orum in San Bernardino County, California.
Section 46. ATTORNEYS’ FEES
In the event any action, suit, or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement, or as a result of any alleged breach of any provision of this Agreement, the prevailing Party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorneys’ fees, from the losing Party, and any judgment or decree rendered in such a proceeding shall include an award thereof.
Section 47. EFFECTIVENESS OF AGREEMENT
This Agreement shall not be binding upon the District, until signed by the authorized representative(s) of Consultant, approved by the District ’s Risk Manager, and executed by the authorized District personnel or Mayor.
Section 48. REPRESENTATIONS OF PARTIES AND PERSONS EXECUTING
AGREEMENT
a. Each of the Parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the Parties hereto.
b. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the Parties each purports to represent.
Section 49. COUNTERPARTS
This Agreement may be executed by the Parties in counterparts, and when executed by each of the Parties, each counterpart shall be deemed to be a part of this Agreement.
(END OF THIS PAGE)
19 Consultant/Professional Services Provider Agreement/Merrell Johnson Engineering, Inc./Project MS26-110
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the dates written below.
VICTORVILLE WATER DISTRICT MERRELL JOHNSON ENGINEERING, INC.
By: __________________________________ By:_____________________________ Elizabeth Becerra, Sean Best,
District Chairman Project Manager
Dated: Dated:___________________________
ATTEST
By: __________________________________
Jennifer Thompson,
Board Secretary
Dated:_____________ ___
APPROVED AS TO STANDARD FORM:
By: __________________________________
Andre de Bortnowsky,
District Legal Counsel
Dated:_________________
By: __________________________________
Sandra Bostick,
District Risk Manager
Dated:________________________________
20 Consultant/Professional Services Provider Agreement/Merrell Johnson Engineering, Inc./Project MS26-110
EXHIBIT A
SCOPE OF SERVICES
S
ee Attachment
System Inspection Type Certification Standard
24" Pipeline Welds Weld Inspection AWS CWI AWS
D1.1/AWWA
C200
Mortar
Lining/Coating
Visual/Holiday Qualified Inspector AWWA
C205/C210
Soils/Backfill Density Testing Geotech under CA PE ASTM D1557 Structural Concrete Compression Testing ACI Technician ASTM C39 Reinforced Masonry Special Inspection Masonry Inspector CBC Ch. 174 Structural Steel Special Inspection AWS CWI AWC D1.1/AISC
EXHIBIT A
SCOPE OF SERVICES, PROJECT MS26-110
SCOPE OF SERVICES
Construction Inspection and Materials Testing Services for Turnout No. 5 – Amethyst Road Water Pipeline and Metering Facility Project
The selected consultant will serve as the District’s primary construction compliance representative and will verify that all work is performed in accordance with the approved plans, specifications, structural calculations, and applicable codes and standards.
The selected consultant will work in coordination with and under the general direction of the Victorville Water District’s assigned Project Manager. The consultant shall act as the District’s construction compliance representative but shall not have author ity to modify the construction contract or issue change orders without written authorization from the District’s Project Manager.
The selected firm shall provide comprehensive construction inspection and materials t esting for all project components. This overview does not detail every inspection procedure.
Exhibit A – Inspection Matrix is incorporated into and made part of this Scope of Services. The selected consultant shall perform all inspections, testing, verification, and documentation identified in this Section and Exhibit A. In the event of a conflict , the more stringent requirement shall apply.
Exhibit A:
Inspection Matrix – Turnout No. 5 Metering Facility
21/ Consultant/Professional Services Provider Agreement/Merrell Johnson Engineering, Inc./Project MS26-110 System Inspection Type Certification Standard
Post-Installed
Anchors
Special Inspections Qualified Inspector ICC-ES
Roof Deck &
Roofing
Visual/Thickness
Verification
Roofing/Structural
Inspector
CBC/Mfr Specs
Electrical Systems Electrical Inspection CEI or CA PE CEC Seismic Anchorage Anchorage Verification Structural Inspector Approved Plans I & C / SCADA Functional Testing I & C Specialist Mfr Specs Hydrostatic Testing Witness Testing Inspector Project Specs
EXHIBIT A
SCOPE OF SERVICES, PROJECT MS26-110
22/ Consultant/Professional Services Provider Agreement/Merrell Johnson Engineering, Inc./Project MS26-110 23 Consultant/Professional Services Provider Agreement/Merrell Johnson Engineering, Inc./Project MS26-110
EXHIBIT B
B
ID PROPOSAL
S
ee Attachment
PRICE TABLES
ITEM NO. DESCRIPTION OF SERVICE PERSONNEL CL… ESTIMA… HOURLY RATE Total 1 PIPELINE FIELD WELDING
INSPECTION
AWS CERTIFIED
WELDING
880 $124.00 $109,120.00
2 MATERIALS TESTING -
SOILS & BACKFILL
GEOTECHNICAL
TECHNICIAN
440 $124.00 $54,560.00
3 MATERIALS TESTING -
CONCRETE
CONCRETE
TECHNICIAN
40 $124.00 $4,960.00
4 CMU / STRUCTURAL &
ANCHOR INSPECTION
SPECIAL
INSPECTOR/STR…
110 $124.00 $13,640.00
5 ELECTRICAL INSPECTION
(240V, 3-PHASE)
CERTIFIED
ELECTRICAL
40 $134.00 $5,360.00
6 I & C / SCADA
INSPECTION
I & C SPECIALIST 40 $300.00 $12,000.00
7 HYDROSTATIC TESTING &
COMMISSIONING
INSPECTOR 40 $124.00 $4,960.00
8 GENERAL
CONSTRUCTION
OVERSIGHT
CONSTRUCTION
INSPECTOR
160 $124.00 $19,840.00
9 OPTIONAL - NETA
ELECTRICAL ACCEPTANCE
TESTING
NETA - CETIFIED
TECHNICIAN
40 $158.00 $6,320.00
10 OPTIONAL - ADDITIONAL
FULL-TIME INSPECTION
STAFFING
INSPECTOR 20 $124.00 $2,480.00
11 OPTIONAL - SPECIAL
INSPECTIONS BEYOND
BASE SCOPE
INSPECTOR/SPE… 20 $124.00 $2,480.00
12 OPTIONAL - POST-
CONSTRUCTION
WARRANTY INSPECTIONS
INSPECTOR/SPE… 20 $124.00 $2,480.00
Total $238,200.00
7/13/26, 12:11 PM Merrell Johnson Companies, Inc. Response https://procurement.opengov.com/governments/76011/projects/242798/sourcing/proposals/495019 1/1
EXHIBIT B,
BID PROPOSAL, PROJECT MS26-110
24/ Consultant/Professional Services Provider Agreement/Merrell Johnson Engineering, Inc./Project MS26-110 ATTACHMENT F – CONVEYANCE AGREEMENT WITH MOJAVE WATER AGENCY 1 AGREEMENT TO CONVEY AND DEDICATE CERTAIN COMPONENTS OF THE VICTORVILLE WATER DISTRICT R3 EXTENSION PROJECT (TURNOUT 5) FOLLOWING CONSTRUCTION COMPLETION This Agreement to Convey and Dedicate Certain Components of The Victorville Water District R3 Extension Project (Turnout 5) following Construction Completion, hereinafter (“Agreement”), dated ________________, 2026 for reference purposes only, is made by and between the MOJAVE WATER AGENCY ("MWA” or “Agency") and the VICTORVILLE WATER DISTRICT (“District”), both being public agencies in the State of California, duly organized, existing, and acting pursuant to the laws thereof. The MWA and the District are hereinafter at times referred to individually as a “Party” and collectively as the “Parties”. RECITALS WHEREAS, the District sources its water supplies from local groundwater wells and, when needed or available, through interconnections with the Regional Recharge and Recovery Project “the R3 Project”; and WHEREAS, the R3 Project is a conjunctive use project owned and operated by the MWA that stores State Water Project water underground in the local aquifer and later recovers and distributes that water to local retail water purveyors in the Alto Basin as part of a comprehensive solution developed by the MWA and the region’s stakeholders to ensure a sustainable water supply for the region; and WHEREAS, the imported water from the R3 Project’s system is made available to local water purveyors through several interconnections, each known as a “Turnout”, along the R3 pipeline; and WHEREAS, the District currently receives water from the R3 Project from metering stations located at the District’s Plant 10 on Pinon Avenue (Turnout 3), and on Mesa View Drive (Turnout 6) pursuant to a Water Supply Connection Agreement between the City of Victorville and the MWA dated April 19, 2013; and WHEREAS, the MWA paid the full cost of the connection improvements associated with the facilities at Turnout 3 and Turnout 6, including the facilities on the MWA side of the meters, the main turnout structures, and further bears the costs to maintain and operate such facilities; and WHEREAS, to ensure adequate water supply and quality to serve its current customer base, and to meet the needs of additional customers created by new development, the District must invest in and build new water conveyance and infrastructure projects; and WHEREAS, the Victorville R3 Extension Project (Turnout 5), hereinafter the (“Turnout 5 Project”) was developed to import water from the MWA’s R3 pipeline located on Mesa Street for delivery to the District’s existing Zone 3290 reservoirs and Amethyst Booster Pump Station, located at the northwest corner of Amethyst Street and Sycamore Street; and WHEREAS, once completed, the Turnout 5 Project will function as a supplemental water supply, when available, to exclusively serve District customers and aid the District in meeting stringent water quality requirements more economically than the ion-exchange and coagulation/filtration 2 water treatment it currently utilizes, which will benefit the District’s customers and supplement future water supplies; and WHEREAS, on February 3, 2021, the MWA was awarded a grant totaling $4,600,000 from the California Department of Water Resources under the Proposition 1, Round 1, Integrated Regional Water Management Implementation Grant, which included $1,100,000 for the Turnout 5 Project, which funding the MWA granted to the District in a Subaward agreement dated February 17, 2021; and WHEREAS, given the nature and type of interconnect water infrastructure at issue, the MWA and the District have jointly collaborated and cooperated in the development of the Turnout 5 Project; however, apart from the MWA’s grant subaward, all costs of design, engineering, environmental compliance, permitting, and bid advertisement for the Turnout 5 Project have been funded by the District, and the District will be funding the costs to install and construct the project to ensue appropriate synergy with the District’s water distribution system; and WHEREAS, the Turnout 5 Project consists of the installation of an approximately one mile long, 24-inch diameter steel pipeline from the R3 Project pipeline point of connection on Mesa Street, running north along Amethyst Road to the District’s Plant No. 129; the construction of a new metering station (consisting of a 35-feet by 15-feet wide masonry building, which will house motor-actuated isolation valves, a flow meter, a double detector check assembly, a SCADA telemetry system, and the associated pipeline connection equipment housed therein); a gate and fencing as shown on Exhibit “A” attached hereto and incorporated and made part of this Agreement by this reference. The R3 Project water will enter District’s water distribution system at the “Point of Connection” (as hereinafter defined) inside the metering station; and WHEREAS, MWA is willing to furnish such R3 Project water to the District at the Point of Connection, in accordance with the MWA’s requirements for providing same, including all applicable MWA ordinances, regulations, and the MWA’s Water Supply Contract with the State of California Department of Water Resources, dated June 22, 1963, as such may be amended from time-to time; and WHEREAS, the District designed the Turnout 5 Project in accordance with requirements and specifications provided by the MWA, up to the Point of Connection with the District’s water distribution system, as the MWA’s future operation and maintenance of the 24 inch steel pipeline and various parts of the metering station (the “Agency Turnout Facilities”), as more fully defined hereinafter, is contemplated once project installation and construction is complete; and WHEREAS, following construction of the Turnout 5 Project, the District intends to dedicate and convey the Agency Turnout Facilities to the MWA for said operation and maintenance, together with any required easements and rights-of-way needed to access such facilities for such purposes. As a prerequisite to the District’s commencing construction of the Turnout 5 Project, including the Agency Turnout Facilities which the District intends to dedicate and convey to the MWA, the District is willing to provide the assurances set forth in this Agreement. WHEREAS, in accordance with the provisions of this Agreement, upon completion of the Turnout 5 Project by the District’s contractor(s) and upon concurrence by the MWA that the Agency Turnout Facilities meet the agreed-upon specifications and standards, the District shall dedicate and convey, and the MWA shall accept and assume, the ownership, operation, maintenance obligations, and control of the Agency Turnout Facilities portion of the Turnout 5 Project. 3 NOW THEREFORE, in consideration of the foregoing Recitals and the mutual promises and other consideration, and subject to the conditions set forth below, the Parties hereby agree as follows: 1. Recitals. The Recitals set forth above are true and correct and are incorporated into, including any definitions set forth therein, and made part of this Agreement by this reference. 2. Definitions. When used in this Agreement, the following terms shall have the meanings hereinafter set forth in this Section: a. "Agency Law" means the Mojave Water Agency Law, Chapter 97 of the Water Code Appendix, Statutes of 1959 of the State of California, as amended and as the same may be hereafter amended, supplemented re-enacted, or codified. b. “Agency” or “MWA" means the Mojave Water Agency, a public agency and special district formed under the Agency Law and responsible for managing groundwater resources in the Mojave River Basin and Morongo Basin, and providing additional water sources to the region as needed. c. “Agency Turnout Facilities” shall mean those portions of the Turnout 5 Project depicted and identified in Exhibit “B” attached hereto and incorporated and made part of this Agreement by this reference to be dedicated and conveyed by the District to the MWA for operation and maintained following the construction thereof. d. “Alto Basin” means the largest of the five subareas in the Mojave River Groundwater Basin created to manage the region's water supply under the court-approved adjudication in City of Barstow, et al. v. City of Adelanto, et al., Superior Court, Riverside County. Case No. CIV208568. e. “District” means the Victorville Water District, a California County Water District and subsidiary district of the City of Victorville, providing safe drinking water and other water related services to customers in the City of Victorville through approximately 39,073 connections. f. “Point of Connection” means the outlet flange downstream of the of the magnetic flow meter as shown in the diagram attached hereto as Exhibit “C” and incorporated and made part of this Agreement by this reference. 3. Project Completion. The District shall install, construct and complete the Turnout 5 Project referenced in the Recitals and more fully depicted and described in Exhibit “A”. The Turnout 5 Project shall be constructed in accordance with the specifications and plans prepared by the District and approved by the MWA and the laws of State of California, including but not limited to, the payment of prevailing wages and compliance with related labor laws as set forth in Chapter 1, Division 2, Part 7 of the California Labor Code, commencing with Section 1720. 4. Environmental Requirements. The District has complied with the requirements of the California Environmental Quality Act ("CEQA") with respect to construction of the Turnout 5 Project. 4 5. Construction Costs. The total construction cost of the Turnout 5 Project that is the subject of this Agreement shall be paid directly by District, and the MWA shall assume no responsibility or obligation to any contractor or subcontractor for such costs. 6. Notice To Proceed; MWA Approval. The District is in the process of competitively bidding out the construction of the Turnout 5 Project to a responsible contractor in accordance with applicable law. Prior to the District’s issuance of a Notice to Proceed (“NTP”) to its competitively selected contractor, the District shall notify the MWA of its intent to commence construction of the Turnout 5 Project and shall satisfy the following conditions prior to issuing the NTP: a. The District shall have obtained MWA’s written approval of the Specifications and Plans for the Turnout 5 Project, including the materials and equipment to be used. b. District shall have obtained from its competitively selected and awarded contractor the insurance policies, endorsements, and proof of coverage required by its standard public works construction contract, including naming both the District and the MWA as additional insureds on all applicable policies. c. The District shall have obtained from its competitively selected and awarded contractor a Payment bond and a Faithful Performance bond, which Faithful Performance Bond shall name both the MWA and the District as obligees, such bond to be held for period specified in the District’s construction contract to guarantee any and all work performed pursuant to said contract against defective materials and workmanship for a period of one (1) year after the date the Turnout 5 Project is accepted by the District (upon concurrence of the MWA) and a Notice of Completion has been filed. The District shall provide such documentation as the MWA shall reasonably require demonstrating that the above conditions have been met, and the MWA shall issue written confirmation thereof to the District promptly upon receipt of such documentation. Upon receipt of MWA’s written confirmation, the District shall issue the NTP and proceed with construction of the Turnout 5 Project. Authorized MWA personnel may observe the Turnout 5 Project during construction and provide comments to the District, provided that MWA first coordinates site access and observation through District personnel. 7. Project Completion; Inspection, and Testing. Once construction has been completed, the District will perform all inspections and testing as necessary to confirm the work has been properly completed and that the Turnout 5 Project is fully functional. Authorized MWA personnel shall have the option to view the inspection and testing processes, provided that MWA first coordinates site access and viewing through District personnel. Following the completion of successful inspection and testing, and upon recommendation of the Victorville City Engineer and the Director of Public Works and Water, the District Board of Directors (“District Board”) shall accept the Turnout 5 Project as complete and authorize District Staff to file the Notice of Completion. 8. Assignment of Performance Bond. Following the filing of the Notice of Completion and simultaneously with the dedication, conveyance, and transfer of ownership of the Agency Turnout Facilities to the MWA, the District shall assign its materials and workmanship 5 warranty rights under the Faithful Performance bond to the MWA with respect to the Agency Turnout Facilities only, and likewise assign any manufacturers’ materials and equipment warranties associated with the Agency Turnout Facilities to the MWA. 9. Dedication/Conveyance of Agency Turnout Facilities and Necessary Riqhts-of-Way. Upon acceptance of the Turnout 5 Project by the District Board and following the District’s filing of the Notice of Completion, in accordance with Sections 4.c and 7 hereof, and as consideration for the MWA’s agreement to own, operate, and maintain the Agency Turnout Facilities in perpetuity at its sole liability and expense, the District shall dedicate, assign, convey and deliver the Agency Turnout Facilities to the MWA, and certify that the Agency Turnout Facilities are transferred and conveyed free and clear of all liens, encumbrances, rights and claims of third parties . The District shall also convey all necessary easements and rights-of-way, as well as the rights of ingress and egress and the right of excavation to the MWA as required for maintenance, repair or replacement for any of the Agency Turnout Facilities installed. All easements shall be clearly shown on plats and described in easement deeds prior to final recording in the Office of the San Bernardino County Recorder. FOR PURPOSES OF EFFECTING ALL SUCH DEDICATIONS, ASSIGNMENTS, CONVEYANCES, AND TRANSFERS, UPON ALL SUCH WARRANTIES AND REPRESENTATIONS, THIS EXECUTED AGREEMENT TOGETHER WITH A COPY OF THE RECORDED NOTICE OF COMPLETION, SHALL CONSTITUTE A FULL, COMPLETE, LEGALLY BINDING AND ENFORCEABLE BILL OF SALE, CONVEYANCE, ASSIGNMENT, AND DEED FROM THE DISTRICT TO THE MWA FOR THE AGENCY TURNOUT FACILITIES AND RELATED EASEMENTS, RIGHTS OF WAY AND RIGHTS. THE DISTRICT SHALL, NEVERTHELESS, EXECUTE SUCH OTHER OR ADDITIONAL INSTRUMENTS THE MWA MAY REASONABLY REQUEST FOR SUCH PURPOSES. The Agency Turnout Facilities shall then be and remain the property of the MWA, and the MWA shall assume full responsibility for any and all liability, future operations, and maintenance of the Agency Turnout Facilities. 10. District Water System. The MWA shall have no responsibility for the maintenance and operation of the District's water system beyond the Point of Connection. The District shall be responsible and liable for its own water system. 11. Water Supply and Connection Agreement. The District understands that all R3 Project water supplied by the MWA will be annually determined and served upon an interruptible basis, and agrees to enter into a Water Supply and Connection Agreement with the MWA upon completion of the Turnout 5 Project containing terms and conditions similar to those in the April 19, 2013 Water Supply Connection Agreement referenced in the Recitals, except as to matters otherwise covered by this Agreement. 12. Assignment. This Agreement shall not be assigned without the prior written consent of both Parties and the express written concurrence of any surety that has undertaken to guarantee the completion of the Turnout 5 Project. Such consent will not be withheld unreasonably. If so assigned, this Agreement shall extend to and be binding upon the successors and assigns of the Parties hereto. 13. Waiver of Rights. Any waiver at any time by either Party hereto of its rights with respect to a breach or default, or any other matter arising in connection with this Agreement shall not be deemed to be a waiver with respect to any other breach, default or matter. 6 14. Notice. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the Parties as follows: To District: Keith C. Metzler, District Manager Victorville Water District 14343 Civic Drive PO Box 5001 Victorville, CA 92392-5001 With a copy to: Andre de Bortnowsky, District Counsel AdB Law Offices, Inc. 30077 Agoura Court, Suite 210 Agoura Hills, California 91301 To MWA Adnan Anabtawi, General Manager Mojave Water Agency 13846 Conference Center Drive Apple Valley, California 92307 With a Copy to: _______________________ _______________________ _______________________ _______________________ Notices and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail. Either Party may change its address by providing written notice in the manner specified in this Section to the entities at the addresses listed above, and thereafter notices shall be addressed and transmitted to such new address. 15. Indemnity. Upon conveyance of the Agency Turnout Facilities to the MWA, the MWA agrees that it shall defend, indemnify, and hold harmless the District, its officers, employees, representatives, and agents, from and against any actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorney’s fees, for any personal injuries, deaths, or property damage which may arise out of MWA’s negligence or willful misconduct in the operation and maintenance of the Agency Turnout Facilities described in this Agreement, unless such losses or damages are proven to be caused by the Districts own negligence or willful misconduct, or that of its officers or employees. 16. Opinions and Determinations. Where the terms of this Agreement provide for action to be based upon opinion, judgment, approval, review, or determination of either Party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable. In the event legal action is brought to enforce or determine the rights of either Party under 7 this Agreement, the prevailing party in such action shall be entitled to court costs and reasonable attorney's fees. 17. Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. 18. Changes to Agreement. Changes to this Agreement are not binding unless made by written amendment, signed by both Parties. 19. Construction and Severability. If any part of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remainder of the Agreement will remain valid and enforceable. 20. Captions. The captions to the sections or paragraphs of this Agreement are not part of this Agreement and will not affect the meaning or construction of any of its provisions. 21. Incorporation of Recitals and Exhibits. The foregoing recitals are incorporated into this Agreement by reference. All references to "Exhibits" contained herein are references to exhibits attached hereto, the terms and conditions of which are made a part hereof for all purposes. 22. Governing Law and Venue. The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the Parties hereunder, shall be construed pursuant to and in accordance with California law. All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Agreement and all proceedings involving any enforcement action related thereto shall be initiated and conducted in the applicable court or forum in San Bernardino County, California. 23. Authority to Execute. Each of the Parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each Party hereto. The persons executing this Contract warrant that they are duly authorized to execute this Agreement on behalf of and bind the Parties each purport to represent. 24. Effective Date. This Agreement shall become effective when signed by all Parties. [END OF PAGE – SIGNATURE PAGE FOLLOWS] 8 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the dates written beneath their signatures below.
VICTORVILLE WATER DISTRICT MOJAVE WATER AGENCY
By: Elizabeth Becerra, District Chair By:
Print Name and title
Date Date
ATTEST
Jennifer Thompson, District Secretary
APPROVED AS TO FORM
By: Andre de Bortnowsky, District Counsel
RISK MANAGEMENT
By: Sandra Bostick, Risk Manager
EXHIBIT “A”
Entire Turnout 5 Project Diagram/Description
EXHIBIT “B”
Agency Turnout Facilities
EXHIBIT “C”
Diagram of Point of Connection
Item Number: 2
City Council / Board of Directors
Public Hearing(s)
Meeting of: September 1, 2026
Submitted By:
Alex Jauregui, City Planner
Subject:
An Amendment to the Old Town Specific Plan with an environmental exemption to allow for various updates and changes including but not limited to modified land use allowances, updated signage and public art standards, and document revisions to correct inconsistencies and grammatical errors on property bounded roughly by the Mojave River and Stoddard Wells Road to the northeast, Eleventh Avenue to the east, Mojave Drive and Verde Street to the south, and Interstate 15 to the northwest Recommendation:
That the Honorable City Council:
(1) Open and conduct a Public Hearing to receive public testimony; (2) Close the Public Hearing;
(3) Find the Old Town Specific Plan Amendment categorically exempt per CEQA Guidelines Section 15061(b)(3);
(4) Introduce Ordinance No. 2470 for adoption and first reading by title only to amend the Old Town Specific Plan; and
(5) Waive a further reading in full of proposed Ordinance No. 2470.
Fiscal Impact:
There is no fiscal impact associated with this action.
Strategic Plan Goal:
Approval of proposed Ordinance No. 2470 will enable the City to further fulfill the following Goals outlined in the 2023-2026 Strategic Plan:
Goal C: Community and Economic Development – The proposed Old Town Specific Plan amendment expands the range of allowable land uses, helping attract new businesses and activity in the specific plan area. By establishing clear operational regulations for community farmers markets within designated zoning districts, the proposed ordinance will encourage more pedestrian-oriented activity in Old Town and 4 8
7 7
create additional opportunities for small business growth. Overall, the proposed changes support increased business development and community engagement in Old Town and align directly with the strategies outlined in Goal C. Goal D: Reduce Homelessness – The expanded zone districts where Accessory Dwelling Units and Junior Accessory Dwelling Units are permitted will allow for broader opportunities for smaller and lower-cost housing development within Old Town Victorville. By implementing State law requirements, adoption of this ordinance will help expand the supply of flexible housing options for individuals, families, caregivers, and residents at risk of housing insecurity.
Background:
Specific Plan History and Context
The Old Town Specific Plan (Attachment B), adopted by the City Council on November 20, 2018, encompasses 428 acres located in the north-central portion of the City, in the area known as the historic downtown of Victorville. The purpose of the Old Town Specific Plan (“OTSP” or “Specific Plan”) has been to revitalize the Old Town area, create a walkable downtown, honor the Route 66 heritage, create a unique and inviting destination and to create a vibrant mixed-use environment. The Specific Plan contains several district types: Multi-Family Residential, Mixed-Use Commercial, Community Anchor, Light Industrial and Open Space as depicted on the OTSP Land Use Map (Attachment C).
Purpose of Amendment
City staff is proposing an Amendment to the Old Town Specific Plan to establish clear regulations and approval procedures for signage and public art, introduce land use allowances and development standards for farmers markets within designated commercial zones, and revise provisions related to Low-Barrier Navigation Centers and Accessory Dwelling Units to reflect recent changes in State law. In addition, the amendment includes general cleanup items, such as correcting typographical errors, resolving inconsistencies between the land use table and glossary definitions, and making other minor clarifying updates. These changes are consistent with the Implementation Chapter of the OTSP, which encourages periodic amendments to maintain the plan’s relevance and flexibility over time. Additionally, the proposed amendment advances the Vision of the Old Town Specific Plan, which seeks to create an area that “…attracts people, activities, and commerce to the area…” and fosters a sense of place that is “…an economically vibrant, walkable destination that is inviting to pedestrians…”.
Planning Commission Action
At a regular meeting held August 12, 2026, the Planning Commission conducted a public hearing on the proposed amendment and subsequently adopted Resolution No. P-26- 016, recommending City Council approval of Specific Plan Amendment Case No.
PLAN26-00013 by vote of 5-0. The Planning Commission’s recommendation included a 4 8
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minor revision to correct an error that omitted several zone districts from Table 4.2 for conditionally permitted locations for transitional uses that are ancillary to City facilities.
Ordinance 2470 discussed herein includes the noted revision approved by the Planning Commission.
Discussion:
Proposed Amendments
As authorized by Section 9.4 of the Old Town Specific Plan titled Plan Administration, amendments to the specific plan are permitted as frequently as necessary in order to encourage economic growth in the area, provided the proposed changes can be substantiated by detailed information to document the change required. From the time of adoption of the OTSP, amendments have occurred almost annually to keep the Specific Plan relevant and beneficial to the area.
The proposed changes to the Specific Plan are discussed below, with a brief synopsis of each change provided and the full text changes (including existing and deleted text) located in the attached Ordinance 2470 (Attachment A).
Accessory Dwelling Units
OTSP Chapter 4.0 Land Use Plan
OTSP Appendix A Glossary
To ensure the plan remains compliant with current California state housing laws, the following updates are proposed within the OTSP Permitted Uses Table 4.2 (Chapter 4.0):
Accessory Dwelling Units (ADUs) - Definitions within the OTSP have been updated and the Permitted Uses Table has been revised to allow ADUs as an accessory use to any existing or proposed residential unit within all zone districts that currently allow residential development. This includes:
Residential Medium Density (RM)
Residential Medium Density Overlay (RMO)
Residential Medium-High Density (RMH)
Mixed-Use Retail (MUR)
Mixed-Use Retail Overlay (MURO)
Mixed-Use Service (MUS)
Mixed-Use Service Overlay (MUSO)
Light Industrial (LI)
Junior Accessory Dwelling Units (JADUs) - Definitions within the OTSP have been added and the Permitted Uses Table now also allows JADUs as an accessory use to existing or proposed single-family residences in zones where single-family homes are already permitted, including:
Residential Medium Density (RM)
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Residential Medium Density Overlay (RMO)
Low-Barrier Navigation Centers
OTSP Chapter 4.0 Land Use Plan
California Senate Bill 1395, known as the Interim Housing Act, permanently eliminated the January 1, 2027, sunset date for the by-right approval process of Low-Barrier Navigation Centers, as referenced in the Effective Date subsection of Section 4.6.2 of the OTSP. As such, Section 4.6.2(d) has been removed by this proposed amendment.
Farmers Markets & Temporary Uses
OTSP Chapter 4.0 Land Use Plan
OTSP Appendix A Glossary
To support community-focused activities in Old Town and ensure the Specific Plan aligns with state and local regulations, the amendment introduces clear standards and a defined review process for establishing and operating farmers markets, and includes a definition for a farmers market within the Appendix A Glossary of the OTSP.
While the existing OTSP encourages farmers markets, it does not currently include regulations or guidance for how they may be reviewed or operated. This amendment adds those missing components, supplementing the City’s existing Temporary Use Permit (TUP) process with standards specific to farmers markets.
Allowable Locations for Farmers Markets - With an approved Temporary Use Permit, farmers markets may operate on private property within the following zones, when accessory to an existing business on the same site:
Mixed-Use Retail (MUR)
Mixed-Use Retail Overlay (MURO)
Mixed-Use Service (MUS)
Mixed-Use Service Overlay (MUSO)
Community Anchor (CA)
Farmers markets organized by the City on City-owned or City-operated properties, or within the public right-of-way, are regulated through separate City agreements (such as a Facilities Use Agreement) but must still comply with the standards included in this amendment.
Operational Standards - The amendment establishes the following requirements for all farmers markets:
Required Temporary Use Permit or applicable City agreement, including site layout review and written property owner approval (as needed). An event manager must be designated to oversee the market and associated permitting. 4 8
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Display of required permits and licenses by vendors, such as County Health permits, Certified Producer’s Certificates, Seller’s Permits, and City business licenses.
Time limits for farmers markets on private property allow for up to 90 consecutive days per calendar year at the same location (as approved by the Zoning Administrator).
oFarmers markets authorized through other City agreements may exceed these time limits.
Site Requirements - To ensure safe and accessible operations, farmers markets must:
Provide adequate off-street parking, unless public parking is available within 200 feet. Public parking may include street parking, public lots, or shared private parking with written approval.
Establish vendor layouts that allow safe pedestrian movement and emergency access, with wayfinding signs installed as needed.
Provide lighting for evening or low-light conditions unless existing permanent lighting is sufficient.
Other Amendments - The proposal also updates Section 4.8.1 related to Food Truck Hubs to correctly reference Title 16 standards for Special Event Sales and remove outdated or unclear language.
Historic Wall Murals & Public Art
OTSP Chapter 4.0 Land Use Plan
Though the OTSP includes language allowing historic wall murals and public art programs in the Old Town area, the proposed amendment provides greater clarity by outlining the purpose of these programs and establishing a defined approval process. This process designates the appropriate reviewing body, ranging from the City Council to the Planning Commission or the Zoning Administrator, based on the content and location of the proposed mural or art program.
Sign Standards
OTSP Chapter 5.0 Development Standards
The proposed amendment adds a new Sign Standards section to the OTSP that clarifies how Title 16 sign regulations apply within each land use district of the Specific Plan through the creation of a cross-reference table. The amendment also introduces customized temporary sign allowances tailored to Old Town, including permitting non-illuminated A-frame signs for active businesses when placed safely along sidewalks and meeting specific size, placement, and accessibility requirements. In addition, the amendment establishes exemptions for temporary signs associated with City-operated or City-sponsored public gatherings.
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Other Minor Land Use Changes
OTSP Chapter 4.0 Land Use Plan
OTSP Appendix A Glossary
Transitional Uses - Table 4.2, which outlines permitted uses within Chapter 4 of the OTSP, has been updated to allow Transitional Uses within the Residential Medium-High Density (RMH) district when such uses are ancillary to a City facility and approved through a Conditional Use Permit. This change provides additional flexibility for City-supported services in appropriate locations.
Personal Services - To maintain consistency between the Glossary and Table 4.2, laundromats have been removed from the Personal Services definition given that they are separately listed in Table 4.2 to ensure that zoning allowances remain clear and accurately reflect how uses are regulated within the Specific Plan.
Environmental Assessment
The proposed amendment to the Old Town Specific Plan is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA guidelines, as there is no possibility that the proposed amendment will have a significant effect on the environment. The proposed changes do not authorize new development, modify land use intensity, or expand allowable densities beyond what is already permitted by the Old Town Specific Plan. Because the amendments are limited to policy refinements, clarifications, and compliance adjustments that do not directly result in or permit physical changes to the environment, it can be determined with certainty that the project has no potential to cause a significant effect on the environment. Therefore, the project is exempt from CEQA review under Section 15061(b)(3).
Prepared By:
Daisy Kawasaki, Senior Planner
Attachments: A. Ordinance 2470 - Specific Plan Amendment B. Old Town Specific Plan
C. OTSP Land Use Map
D. Background Information from Planning Commission's August 12, 2026, Meeting - Executive Summary, Excerpt Minutes, and Staff Report
CITY COUNCIL
ATTACHMENT A
Ordinance 2470
Specific Plan Amendment
1 ORDINANCE NO. 2470
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE, ADOPTING AN
AMENDMENT TO THE OLD TOWN SPECIFIC PLAN WITH AN ENVIRONMENTAL
EXEMPTION TO ALLOW FOR VARIOUS UPDATES AND CHANGES INCLUDING BUT NOT
LIMITED TO MODIFIED LAND USE ALLOWANCES, UPDATED SIGNAGE AND PUBLIC ART
STANDARDS, AND DOCUMENT REVISIONS TO CORRECT INCONSISTENCIES AND
GRAMMATICAL ERRORS ON PROPERTY BOUNDED ROUGHLY BY THE MOJAVE RIVER
AND STODDARD WELLS ROAD TO THE NORTHEAST, ELEVENTH AVENUE TO THE EAST, MOJAVE DRIVE AND VERDE STREET TO THE SOUTH, AND INTERSTATE 15 TO THE NORTHWEST.
WHEREAS, Pursuant to Article XI, Section 7 of the California Constitution, the City of Victorville (the “City”) is authorized to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and WHEREAS, Pursuant to Title 7, Division 1, Chapter 4, Article 2, Section 65850 of the Government Code of the State of California, the City may adopt by ordinance regulations affecting the use of buildings, structures and land; and WHEREAS, Pursuant to Title 7, Division 1, Chapter 4, Article 2, Section 65850 of the Government Code of the State of California, the City has adopted Title 16, Chapter 3, Article 16, Section 16-3.14.010 of the Victorville Municipal Code, providing for the adoption by ordinance of specific regulations pertaining to buildings, structures and the uses of land designated as Specific Plans; and
WHEREAS, Pursuant to Section 16-3.14.040 of the Victorville Municipal Code, the City of Victorville has initiated an Amendment to the Old Town Specific Plan (OTSP); and
WHEREAS, Pursuant to Title 7, Division 1, Chapter 4, Article 2 of the Government Code of the State of California and Section 16- 2.01.040 of the Victorville Municipal Code, the Victorville Planning Commission held a public hearing on August 12, 2026, to hear arguments for and against the proposed amendment to the OTSP, and after hearing all testimony offered, and after thoroughly reviewing and considering the project, the Victorville Planning Commission voted 5 – 0 adopting Resolution No. P -26-016, which 2 recommended to the City Council the adopt ion of the Specific Plan Amendment specified in Planning Case No. PLAN26-00013; and
WHEREAS, the City Council finds that all materials constituting the record of proceedings upon which its decision is based are maintained by the City of Victorville Clerk at 14343 Civic Drive, Victorville, California; and
WHEREAS, the City Council finds on their own independent judgement and analysis that this Amendment to the OTSP is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), because the amendments consist of administrative, procedural, and clarifying updates related to standards for temporary uses, temporary signage, public art programs and wayfinding signage that do not authorize new development, physical improvements, or any activity with the potential to result in a significant effect on the environment; and WHEREAS, the City Council finds it appropriate to reevaluate and update the Old Town Specific Plan as needed to protect the public’s health, safety, and welfare and to ensure clarity, consistency, and alignment with City objectives and State law; WHEREAS, the Planning Commission found and the City Council concurs that temporary uses within Old Town play an important role in generating pedestrian activity, supporting local businesses, and fostering community engagement, and therefore require updated standards to ensure they are clearly defined and properly administered; and WHEREAS, the Planning Commission found and the City Council concurs that historic wall murals, public art installations, and wayfinding signage contribute significantly to the cultural identity, economic vitality, and aesthetic character of Old Town, providing visual interest, promoting tourism, encouraging pedestrian activity, and enhancing the community’s sense of place; and
WHEREAS, the Planning Commission found and the City Council concurs that the proposed amendments establish a clear and structured approval process for historic 3 wall murals, public art installations, and wayfinding sign systems, including criteria under w
hich the City Council may delegate authority to the Planning Commission and Zoning Administrator to review and approve such programs when they comply with the standards and designated focus areas identified within the Old Town Specific Plan; and WHEREAS, the Planning Commission found and the City Council concurs that sign regulations within Old Town require tailored guidance to ensure consistency with the area’s historic character, streetscape improvements, and design guidelines, while providing clear cross-referencing to applicable Victorville Municipal Code sign standards; and WHEREAS, the Planning Commission found and the City Council concurs that supplemental temporary sign standards, including allowances for non- permanent and non-illuminated A-frame signs, are necessary to support small businesses and pedestrian activity while maint aining accessibility, safety, and appropriate placement within the Old Town area; and
WHEREAS, the Planning Commission found and the City Council concurs, in accordance with Section 9.4 of the Old Town Specific Plan:
• Changes have occurred in the community since the approval of the original Specific Plan, warranting updates to land use allowances, temporary use regulations, public art and mural processes, development standards, and sign standards to better support activation, reinvestment, and community-serving activities; and • Lack of changes in the Old Town area (e.g., no growth, development, or use/reuse of existing structures) may be attributed to the standards and requirements of the Old Town Specific Plan and that the proposed amendments provide clearer pathways for the establishment of temporary uses such as farmers markets as well as public art installations and wayfinding sign programs that encourage pedestrian activity and support local businesses; and
• The proposed amendment is consistent with the General Plan for the City of 4 Victorville in accordance with Section 65454 of the California Government Code; and • The proposed amendment will result in a benefit to the area within the Specific Plan by expanding use options, promoting and encouraging access to community-serving activities, and supporting increased pedestrian and economic activity; and • The proposed amendment will not result in any unmitigated impact to adjacent properties because all temporary uses will remain subject to Temporary Use Permit review, all murals and public art installations will undergo appropriate design review, and all activities must comply with applicable State, regional, and local regulations; and
• The proposed amendment will enable the delivery of services and public facilities to the population within the area of this Specific Plan by allowing a broader range of temporary and permanent land uses that align with the objectives of the Specific Plan; and
WHEREAS, The City Council finds that such assessments allow the City to avoid preventable negative effects on the economy, such as loss of potential tax revenue, and to be in a position to benefit from the expansion of a broader commercial market; and WHEREAS, and after hearing all verbal and written testimony offered, including the Planning Commission’s recommendation and minutes, and after thoroughly reviewing and considering the Proposal the City Council approved the recommendation of the Planning Commission to amend the Old Town Specific Plan;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
VICTORVILLE DOES HEREBY RESOLVE, DETERMINE, FIND, AND ORDER AS FOLLOWS:
Section 1. Recitals
The recitals set forth above are true and correct, and are hereby incorporated by this reference as if set forth in their entirety.
5 Section 2. Severability
The City Council declares that, should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Ordinance as hereby adopted shall remain in full force and effect.
Section 3. Effective Date
This Ordinance shall take effect thirty (30) days after its final passage.
Section 4. Repeal of Conflicting Provision
All the provisions of the Old Town Specific Plan as heretofore adopted by the City Council that are in conflict with the provisions of this Ordinance are hereby repealed.
Section 5. Certification
The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published according to law.
Section 6. Amendment to Old Town Specific Plan
That the Old Town Specific Plan is hereby amended and approved as follows (with the included legend defining editing notes and identifying existing, new, and deleted text by means of underscores, strikethroughs, and italicization for reference only) , including any non-substantive changes or other changes deemed necessary by the City Attorney or City Manager for clarity or to comply with State law:
10 4.5 Accessory Uses *Change*
4.5.1 Residential
Accessory uses for residential such as accessory dwelling units, home occupations, child care, renting rooms, vehicle repair and swimming pools shall be subject to the regulations set forth in the VVMC Section 16 -3.07.030. This shall include accessory uses for the residential units of a mixed-use development or a live-work building.
4.6 Special Requirements for Certain Uses *Change*
4.6.2 Low-Barrier Navigation Centers
d) Effective Date
The allowances for Low Barrier Navigation Centers within the Old Town Specific Plan shall remain in effect until January 1, 2027, as outlined in California Government Code Section 65668, and as of that date are thereby repealed unless otherwise extended by the State legislature.
{All existing standards in Section 4.6.2 not modified by this amendment shall remain.}
4.8 Temporary Uses *Change*
Temporary uses are limited short term uses that help generate additional pedestrian activity in Old Town to increase awareness, interest and revenue for local businesses as well as to encourage the community to gather. Such activities include, but are not limited to, Farmers Markets, Route 66 Car Shows, Grand Openings, Special Events, Community Events and Public Events. Those temporary uses that are deemed beneficial to the Old Town area economically and/or socially and are open to the public as well as fre e of charge shall not be subject to the typical fees incurred by a City issued Temporary Use Permit. The Zoning Administartor Administrator shall determine if any given Temporary Use is qualified for a fee waiver through the Temporary Use permitting process per Section 16-3.07.050 of the VVMC. Certain temporary events held within the public right - of-way or on City-owned or City-operated properties may be subject to regulation under a separate City agreement or contract in lieu of a Temporary Use Permit.
In addition, specific site design and operational standards shall apply to certain longer - term temporary activities such as mobile food truck hubs, as outlined in Section 4.8.1 and farmers markets, as outlined in Section 4.8.2:
4.8.1 Mobile Food Truck Hubs *Change*
This section shall apply only to the establishment of food truck hubs with two or more mobile food truck vendors set up on private property within the Mixed-Use Retail Overlay and Mixed-Use Service overlay zone districts. This section shall not apply to sidewalk or street vending. Additionally, this section shall not apply to a single food truck temporary use, which would be held to applicable Title 16 standards for a Temporary Use Permit , excepting for “Special Event Permit” requirements.
11 a) Food Truck Hub Permit Application and Review
1. A Temporary Use Permit shall be reviewed and processed in accordance with applicable Title 16 Temporary Use Permit standards, excluding time limitations and Special Event Permit Sales standards findings as outlined in Section 16-3.07.050, unless otherwise regulated by this section.
2. An application for a Temporary Use Permit (TUP) to allow for a food truck hub shall be submitted to, reviewed, and approved by the Planning Department in consultation with any other applicable reviewing City departments. A complete application including a site plan, property owner authorization, Health Department approvals, proof of City of Victorville Business Licenses, evidence of liability insurance, and other items as deemed necessary by staff shall be submitted to the City for review, prior to approval.
4.8.2 Farmers Markets *Addition* This section shall apply to farmers markets on properties within the Mixed Use Retail, Mixed Use Retail Overlay, Mixed Use Service, Mixed Use Service Overlay, and Community Anchor districts, and on City -owned or City-controlled properties and public right-of-way in those districts. Farmers markets may be established as the sole use on City-owned or City -controlled properties and public rights -of-way, with right -of-way locations requiring approval by the City Engineer. On privately owned properties within the listed districts, farmers markets shall be permitted only as an accessory use to an established and properly licensed business. The establishment and operation of a farmers market shall be subject to the approval of a Temporary Use Permit or other City agreement as regulated by this Section.
a) Farmers Market Permit Application and Review
1. A Temporary Use Permit shall be reviewed and processed in accordance with applicable Title 16 Temporary Use Permit standards as outlined in Section 16-3.07.050, unless otherwise regulated by this section.
2. An application for a Temporary Use Permit (TUP) to allow for a farmers market shall be submitted to, reviewed, and approved by the Planning Department in consultation with any other applicable reviewing City departments. A complete application including a site plan, property owner authorization, Health Department approvals, proof of City of Victorville Business Licenses, evidence of liability insurance, and other items as deemed necessary by staff shall be submitted to the City for review, prior to approval.
3. City-operated farmers markets on City -owned or City-controlled properties or within the public right -of-way are subject to a separate City agreement such as a Facility Use Agreement.
12 b) Farmers Market Operational Requirements
1. All farmers markets shall require the approval of a Temporary Use Permit or other City agreement which includes site layout review and verification of written property owner approval. Only a designated farmers market event manager may submit a farmers mark et event application, with explicit written permission of the property owner provided. The event operator and/or property owner shall be jointly responsible to ensure all vendors are in full compliance with the operational standards of this section.
2. A designated farmers market event manager shall be present on-site for the duration of each market day and shall be responsible for vendor coordination, compliance with all Temporary Use Permit conditions, and shall serve as the primary point of contact for City staff.
3. Farmers markets shall operate only during the hours approved through the Temporary Use Permit. Any changes to approved hours require prior authorization by the City. Farmers markets shall be prohibited from operating between the hours of 10:00PM to 6:00AM. Cleanup and vacation of the market site shall occur prior to 11:00PM.
4. A Temporary Use Permit for a farmers market may be approved for a duration of time in conformance with Section 16- 3.07.050(a)(2) of the Victorville Municipal Code, unless otherwise authorized by a separate City agreement.
5. All participating vendors shall obtain, maintain, and display in plain view a current and valid City of Victorville Business License along with any other regulatory permits applicable to their operations, including but not limited to a Certified Producer’s Certificate, San Bernardino County Health Department Permit, Nursery Stock License, and Seller’s Permit. Each vendor shall be solely responsible for complying with all licensure and permitting requirements specific to their vendor category.
6. All food-related vendors shall comply with all applicable requirements of the San Bernardino County Department of Public Health. The farmers market event manager shall ensure the availability of required sanitation facilities, including restrooms and hand-washing stations as regulated by the Health Department.
7. The farmers market grounds shall be maintained at all times in a clean and presentable condition. Any trash or spills of food by -products shall be immediately cleaned up, and dumping of gray water onto the ground or public streets shall not be allowed.
8. The farmers market manager shall ensure that trash, recycling, and organic waste are properly collected and disposed of. The market site shall be restored to its pre-event condition at the conclusion of each market day. No 13 refuse or waste generated during the event shall be disposed in any public trash receptacle.
9. All vendors shall be entirely self -sufficient in regards to utilities (e.g., gas, electricity, water, etc.) necessary to operate independently and efficiently.
Any generators, lighting, cords, or other temporary equipment shall comply with City noise standards and Fire Department safety regulations.
10. Farmers market events are subject to the City of Victorville Noise Ordinance. No horns, amplification systems, sound- producing devices/music systems, radios, televisions, which can be heard outside of the immediate area of the market, may be used, unless otherwise authorized by a separate City agreement.
c) Farmers Market Site Requirements
1. Adequate off-street or approved shared parking shall be provided to serve vendors and patrons. The submitted site plan shall identify available parking areas. Parking requirements may be waived where public parking is available within 200 feet, including on- street park ing or shared parking agreements with adjacent properties.
2. Wayfinding signage shall be installed to direct patrons to approved parking areas, restrooms, and market entrances. Site plans shall include patron circulation routes that ensure safe pedestrian movement throughout the market area.
3. Vendor spaces shall be arranged to maintain clear aisles for pedestrian circulation, emergency access, and ADA -compliant pathways, as applicable. Booth layout shall be reviewed and approved by the Zoning Administrator as part of the Temporary Use Permit application.
4. Where farmers markets occur during low-light hours, adequate lighting shall be provided to illuminate vendor areas, pedestrian walkways, and circulation routes. Lighting shall not create glare onto adjacent residential uses. Lighting plans are subject to r eview and approval by the Zoning Administrator.
d) Prohibited Activities
No farmers market vendor or event manager shall:
1. Operate a farmers market event in a manner that would create a public or private nuisance;
2. Knowingly permit any person at a farmers market event to engage in offensive or disorderly conducts that causes or creates a disturbance in, around, or near the event location;
14 3. Knowingly allow any person to consume, distribute, possess, or sell any alcoholic beverage on the site of the farmers market event, except as expressly allowed as a condition of the permit and in compliance with the laws and regulations enforced by the State Department of Alcoholic Beverage Control;
4. Knowingly allow any person to illegally consume, distribute, possess, or sell any controlled drug or dangerous substance in, around, or near any location of a farmers market event; or
5. Sell non-food items or perform any professional or personal services at a farmers market, except for limited non- food products expressly authorized by the City. Vendors whose primary business consists of selling new or used general merchandise typically associated with swap meets or flea markets are prohibited. Examples include mass -produced retail goods, liquidation merchandise, discount merchandise, electronics, cell phone accessories, and similar general retail items. Food and clothing giveaways are strictly prohibited, except for minimal product samples offered as part of normal market operations.
e) Suspension or Revocation of a Farmers Market Permit
All violations of this section are declared to be a public nuisance and may be abated by the City in such manner as provided by law. The City may suspend or revoke any farmers market permit issued pursuant to this chapter based upon reasonable cause, which may include any one or more of the following reasons:
1. Nonpayment of required fees or deposits to the City;
2. Violation of any permit condition;
3. Violation of any law involving the operation of the food truck event; or
4. An emergency situation constituting an immediate threat to the public health, safety or welfare as determined by the Director and/or Chief of Police.
15 4.11 Historic Wall Murals/Public Art *Change*
Historic murals placed on buildings such as the one above completed by artist Phil Yeh in Needles, CA add nostalgia, charm and beauty to urban areas. Additionally, murals and public art attract tourists as well as patrons to Old Town and serve as an opportunity to enhance community identity, spur public engagement, and create a sense of place.
4.1011.1 Historic Wall Murals *Change*
Historic Wall murals may be permitted and shall be permitted by means of a Minor Conditional Use Permit subject to review and approval of the Zoning Administrator. The murals must depict a historical or cultural significant event, site, person, geographic feature, transportation device or other thing or object that ties into the historic Route 66 Theme, Railroad theme or other Historic Old Town theme. The m Murals may not be offensive, and cannot act as business signage, and should accent, not replace, exterior building enhancements required by the Design Guidelines outlined in the Old Town Specific Plan.
A Historic Wall Mural program , such as one utilized for a walking tour to encourage pedestrians to walk through Old Town, may be approved by means of a Conditional Use Permit from the Planning Commission. The program must shall follow the guidelines above and must have a unified theme. Additionally, a Historic Wall Mural Program shall designate a minimum of two specific locations for mural installation within a larger defined focus area.
4.1011.2 Public Art *Change*
Public Art or a Public Art Program should have a Route 66 theme or a Mid- Century Modern period style and complement streetscape designs and wayfinding signage outlined in the Public Improvements chapter of the Old Town Specific Plan. Public Art may also incorporate a historical or cultural significant event, site, geographic feature, transportation device or other thing or object that ties into the historic Route 66 Theme, Railroad theme or other Historic Old Town theme. Because public art is typically installed on public property, it is usually a public/private venture, therefore, shall be reviewed and approved by the Planning Commission and/or City Council depending on the scope of the project.
A Public Art Program, such as one utilized to develop an urban space, create a sense of place, and enhance the built environment, shall follow the guidelines above and maintain a unified theme with coordinated mediums throughout. Additionally, a Public Art Program shall designate a minimum of two specific installation locations within a larger defined focus area, prioritizing locations at street intersections and public spaces.
4.11.3 Approval Process *Addition*
Historic Wall Murals/Public Art and associated Programs shall be reviewed and processed in accordance with Title 16 of the Victorville Municipal Code standards for Conditional Use Permits, except as otherwise noted herein. The designated hearing body for approval of Historic Wall Murals/Public Art and associated Programs are:
a) Zoning Administrator
The Zoning Administrator shall conduct final review of all:
16 1. Singular Historic Wall Murals or Public Art installations that comply with the standards of this chapter, are located on private property, and are not part of a new or proposed Historic Wall Mural Program or Public Art Program; and
2. Historic Wall Murals or Public Art installations that are part of a previously approved Historic Wall Mural Program or Public Art Program, are within the designated focus area, and comply with the approved theme. b) Planning Commission
The Planning Commission shall conduct final review of all:
1. Historic Wall Mural or Public Art Programs that comply with the standards of this chapter and are not located within the public right -of-way or on public property, unless previously authorized and delegated by the City Council. c) City Council
The City Council shall conduct a final review of any Historic Wall Murals/Public Art and associated programs proposed within the public right -of-way or on public property at a duly noticed public hearing, unless previously delegated to the Zoning Administrator or Planning Commission as part of a larger project scope. Reviews of Historic Wall Murals/Public Art subject to City Council approval shall be preceded by a recommendation from the Planning Commission.
17 Old Town Specific Plan
Chapter 5.0 Development Standards
5.0 DEVELOPMENT STANDARDS *Change* The development standards establish rules for site layout, parking, building placement, and building form, and signage for each of the land use districts. An important initiative of the Old Town Specific Plan is to clearly spell out development standards that shape the desired urban form. Building intensities are regulated through conformance to the prescribed development standards (i.e., height, setbacks, parking, form, and massing).
These standards are designed to simplify, streamline, and customize the standards and requirements described in the City’s Development Code (Title 16) for development and reuse within the Old Town Area.
Standards are mandatory requirements that must be satisfied for all new projects and building renovations for any major modification of the exterior. Major modifications are defined as any alterations of more than 10 percent of the existing building façade or area.
Refer to Chapter 9: Implementation, Section 9.4 Plan Administration.
Unless otherwise specified in the Specific Plan, permit requirements and site planning and development standards are as specified in the City of Victorville Development Code (Title 16). Where the Specific Plan and Development Code standards differ, the Old Town Specific Plan standards prevail for development within the Old Town Area. When the Specific Plan is silent (e.g., wireless communication facilities), the City of Victorville Development Code (Title 16) requirements remain in force.
This chapter is organized into the following sections:
5.1 Development Standards
5.2 Parking Reductions
5.3 Frontage Types
5.4 Building Types
5.5 Sign Standards
{All existing standards in Chapter 5.0 not modified by this amendment shall remain.}
19 - A minimum unobstructed pedestrian path of four (4) feet at the sidewalk shall be maintained at all times in compliance with ADA requirements, and signs shall not obstruct approved building entrances, driveways, fire hydrants, ramps, or other required access points.
- Signs are permitted only during business hours of operation, shall only advertise businesses with an active City of Victorville business license at the subject location and their associated goods/services/activities, and shall be removed at the close of business each day.
- Signs shall be freestanding, stable, and maintained in good condition. - Signs shall not be affixed to public improvements and shall not pose a hazard due to wind or deterioration.
- Signs shall be non- illuminated and shall not include flashing, moving, or digital elements.
• Temporary signs advertising City operated and/or sponsored public gatherings such as parades, community events (e.g. farmers markets, celebrations, dedications, etc.), and other similar functions are exempt from the provisions of this Specific Plan and the City’s Development Code (Title 16), provided:
- Signs are located within the public right -of-way with approval from the City Engineer, other City controlled property, or private property with property owner consent.
- Signs are only erected for a period of time sufficient to promote the public gathering, as determined by the City Manager or his/her designee. - Signs do not pose a hazard to the safe movement of vehicular traffic or non- vehicular traffic.
- Signs are installed and removed by City staff, a contractor hired by the City, or other entities under the direction and supervision of City staff, as approved by the City Manager or his/her designee.
{This new subsection shall be added to the Old Town Specific Plan Table of Contents.}
20 Old Town Specific Plan
Chapter 7.0 Public Improvements
7.6 Wayfinding System *Change*
The following concepts illustrate a new wayfinding system for Old Town Victorville.
Wayfinding comprises signs, maps, kiosks, arches, and other graphic or architectural methods to convey location and directions to travelers. This series of directional and non- directional monuments and associated signage will announce that visitors and residents have entered a special place, separate and unique from the rest of the city. As Old Town evolves, it is important to consider how visitors are directed to their destinations, whether they arrive on foot or by car, and how to make sure that their experience in Old Town is a positive one. The elements in the recommended wayfinding system will provide a strong identity for Old Town and can be approved as outlined in this Chapter . Figures 7.15 through 7.19 illustrate elements in the Old Town Victorville wayfinding system, while Figure 7.20 demonstrates how signage can be located in the project area to help announce arrival and aid the user in navigating the Old Town area.
7.6.1 Wayfinding Objectives *Change*
The Old Town wayfinding system should:
• Provide directional and information signs that are attractive, clear, and consistent in theme, location, and design.
• Announce arrival into Old Town and build the sense that Old Town is a unified place. • Identify key destinations and facilities, such as public parking, parks, shopping, and cultural and civic destinations.
• Be collocated with other streetscape furniture, such as streetlights and transit shelters, where possible, to enhance visibility and reduce visual clutter in the public realm.
• Promote walking, bicycling, and use of mass transit.
• Clearly identify responsibilities for the installation, maintenance, and upkeep of any public signage allowed via the wayfinding system or associated sign program.
7.6.2 Approval Process *Addition*
A wayfinding sign system shall be reviewed and processed in accordance with Title 16 of the Victorville Municipal Code standards for Master Sign Programs, except as otherwise noted herein. The designated hearing body for approval of wayfinding sign system and associated Master Sign Programs are:
a) Zoning Administrator
The Zoning Administrator shall conduct final review of all:
1. Wayfinding signs that are part of a previously approved Master Sign Program. 21 2. Minor revisions to any Master Sign Program for wayfinding signs that do not substantially increase the number or height of signs, or move wayfinding signage in a manner inconsistent with the general locations approved in this chapter or the Master Sign program.
b) Planning Commission
The Planning Commission shall conduct final review of all:
1. Master Sign Programs for wayfinding signs that comply with the standards of this chapter.
2. Major revisions to any Master Sign Program for wayfinding signs that substantially increase the number or height of signs, or moves wayfinding signage in a manner inconsistent with the general locations approved in this chapter or the Master Sign program.
c) City Council
The City Council shall conduct a final review of any Master Sign Program at a duly noticed public hearing for any wayfinding signage inconsistent with the general concepts and objectives outlined in this chapter. Reviews of Master Sign Programs subject to City Council approval shall be preceded by a recommendation from the Planning Commission.
7.6.23 Public Signage Types
{All existing standards/text/graphics in Chapter 7.0 not modified by this amendment shall remain.}
22 Old Town Specific Plan
Appendix A Glossary
A.1 Permitted Use Terms *Change* Dwelling, Accessory Unit. An attached or detached dwelling unit that provides complete independent living facilities for one or more persons, with permanent provisions for living, sleeping, eating, cooking, and sanitation sited on the same parcel as the primary dwelling unit. This definition includes granny flats and efficiency units as authorized by California Health and Safety Code Section 17958.1.
Dwelling, Junior Accessory Unit . A unit that is no more than 500 square feet in size and contained entirely within an existing or proposed single- family residence. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure.
Farmers Market. A recurring marketplace operated on a schedule at approved intervals where multiple vendors gather for the primary purpose of offering fresh produce, agricultural products, and prepared or artisan food items directly to consumers. A farmers market may include limited sales of handmade or artisan non-food goods, provided such goods are secondary to the market’s primary agricultural and food- related function. For the purposes of this definition, “secondary” means that vendors offering non- food handmade or artisan goods shall comprise no more than twenty -five percent of the total vendors participating in the farmers market. Typical allowable vendors include growers, food producers, cottage food operators, and artisans whose products align wi th the market’s emphasis on local food and handcrafted goods.
Personal Services. Establishments providing non- medical services as a primary use, including, but not limited to, barber and beauty shops (except massage parlors), clothing rental, dry cleaning pickup stores with limited equipment, home electronics and small appliance repair, laundromats (self service laundries), shoe repair shops, and tailors. May also include accessory retail sales of products related to the services provided.
{Add new Permitted Use Terms in alphabetical order with existing terms in Section A.1.}
Old Town Specific Plan
CITY COUNCIL
ATTACHMENT C
OTSP Land Use
Map
Item Number: 3
City Council / Board of Directors
Consent Calendar
Meeting of: September 1, 2026
Submitted By:
Asdghik Keyvanian, Finance Director / City Treasurer
Subject:
Commercial Demand Schedule No. 03
Recommendation:
That the City Council and Board of Directors ratify Commercial Demand Schedule No. 03 for the period of July 23, 2026, through August 05, 2026, in total amount of $8,490,625.23.
This total includes:
Electronic Fund Transfers No. 350416 through 350811 and Warrant No. 804683 through 804873 in the amount of $7,841,525.72.
Wire Transfers in the amount of $649,099.51.
All are consistent with the adopted Fiscal Year 2025-2026 Budget (covering July 1, 2025, through June 30, 2026) and Fiscal Year 2026-2027 Budget (covering July 1, 2026, through June 30, 2027).
Fiscal Impact:
The total fiscal impact authorized by this action is $6,686,625.18 for Fiscal Year 2025- 2026 and $1,804,000.05 for Fiscal Year 2026-2027. The attached report details the total funds paid to vendors.
Background:
Pursuant to the City’s Municipal Code Section 2.24.080 the attached demands were presented by the departments, audited by the Finance Department, and subsequent warrants and wire transfers were issued. All were found to be in conformity to City policies and procedures and funds were budgeted or available to pay said demands. A list of commercial warrants and wire transfers is now being presented to the City Council for approval.
Prepared By:
Cecilia Grosso Alonzo, Senior Account Clerk
Attachments: A. Commercial Demand Schedule No. 03 Check Register Summary
ATTACHMENT A:
Commercial Demand
Schedule No. 03
Check Register Summary
CITY OF VICTORVILLE
AP CHECK RECONCILIATION REGISTER
Report generated: 08/06/2026 09:06
User: calonzo
Program ID: apchkrcn
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 350416 07/29/2026 EFT 016204 4LEAF, INC. 14,247.12 350417 07/29/2026 EFT 024912 ADB LAW OFFICES INC 133,486.42 350418 07/29/2026 EFT 021759 ADVANTAGE SEALING SYSTEM, 395.63 350419 07/29/2026 EFT 019621 AGA ENGINEERS, INC. 18,700.00 350420 07/29/2026 EFT 001646 ALLSTAR FIRE EQUIPMENT 31,978.02 350421 07/29/2026 EFT 022097 AMAZON CAPITAL SERVICES, 1,258.46 350422 07/29/2026 EFT 024216 AMERICAN GLOBAL SECURITY, 11,361.83 350423 07/29/2026 EFT 003042 APPLE VALLEY COMMUNICATIO 4,995.00 350424 07/29/2026 EFT 000297 BECK OIL, INC. 3,946.16 350425 07/29/2026 EFT 000333 BOB'S TIRE SERVICE 849.85 350426 07/29/2026 EFT 015877 BOOT BARN, INC. 318.89 350427 07/29/2026 EFT 022096 CALI AUTO GLASS 75.00 350428 07/29/2026 EFT 022161 CALIFORNIA PPE RECON, INC 17,716.55 350429 07/29/2026 EFT 014820 CAL-STATE AUTO PARTS 1,554.12 350430 07/29/2026 EFT 015486 CONSOLIDATED ELECTRICAL D 146.92 350431 07/29/2026 EFT 012505 DESERT ENVIRONMENTAL SERV 250.00 350432 07/29/2026 EFT 005295 DOKKEN ENGINEERING 20,671.25 350433 07/29/2026 EFT 019731 EL DORADO BROADCASTERS LL 7,049.91 350434 07/29/2026 EFT 014122 EUROFINS EATON ANALYTICAL 278.20 350435 07/29/2026 EFT 000910 FAIRVIEW FORD SALES, INC. 151.94 350436 07/29/2026 EFT 020330 FENAGH, LLC 16,656.56 350437 07/29/2026 EFT 017560 FERGUSON ENTERPRISES, LLC 116.17 350438 07/29/2026 EFT 000975 FRANKLIN TRUCK PARTS, INC 280.03 350439 07/29/2026 EFT 018275 FRANZ BOLOWICH D.O., INC. 1,625.00 350440 07/29/2026 EFT 001740 G.A. OSBORNE PIPE-SUPPLY 466.61 350441 07/29/2026 EFT 018175 GENERAL PUMP COMPANY, INC 320,971.51 350442 07/29/2026 EFT 001063 GOODYEAR TIRE & RUBBER CO 1,565.43 350443 07/29/2026 EFT 001076 GRAINGER 1,049.56 350444 07/29/2026 EFT 003047 GRAVES & KING LLP 439.95 350445 07/29/2026 EFT 023053 SPARKS, STEPHANIE VICTORI 256.00 350446 07/29/2026 EFT 018938 HARRIS & ASSOCIATES, INC. 854.64 350447 07/29/2026 EFT 000226 LARRY WALKER ASSOCIATES, 31,285.69 350448 07/29/2026 EFT 014884 LAYNE CHRISTENSEN COMPANY 7,644.00 350449 07/29/2026 EFT 001548 MCMASTER-CARR SUPPLY CO. 1,330.35 350450 07/29/2026 EFT 001599 MOJAVE DESERT AIR QUALITY 70.00 350451 07/29/2026 EFT 017743 MOJAVE COPY & PRINTING IN 76.34 350452 07/29/2026 EFT 001603 MOJAVE WATER AGENCY 20,349.00 350453 07/29/2026 EFT 014011 MYERS AND SONS HI-WAY SAF 11,072.38 350454 07/29/2026 EFT 024434 GENUINE PARTS COMPANY 831.90 350455 07/29/2026 EFT 028462 NINYO & MOORE GEOTECHNICA 1,968.48 350456 07/29/2026 EFT 001886 PRUDENTIAL OVERALL SUPPLY 10.39 350457 07/29/2026 EFT 022247 SYMBA CENTER 79,221.22 350458 07/29/2026 EFT 001015 GALLS, LLC 381.46 350459 07/29/2026 EFT 002419 UNDERGROUND SERVICE ALERT 100.30 350460 07/29/2026 EFT 014536 UNITED SITE SERVICES OF C 665.18 350461 07/29/2026 EFT 000095 UNIVAR SOLUTIONS USA INC. 12,331.53 350462 07/29/2026 EFT 002498 VICTOR VALLEY WASTEWATER 1,452,597.37 350463 07/29/2026 EFT 006861 WATER SYSTEMS CONSULTING, 6,685.00 350464 07/29/2026 EFT 002554 WAXIE'S ENTERPRISES, LLC, 2,589.33 350465 07/29/2026 EFT 022033 WOODARD & CURRAN, INC. 7,126.44 350466 07/29/2026 EFT 022097 AMAZON CAPITAL SERVICES, 1,335.67 350467 07/29/2026 EFT 023793 CALIFORNIA WIND MEMBER, L 63,765.00
CITY OF VICTORVILLE
AP CHECK RECONCILIATION REGISTER
Report generated: 08/06/2026 09:06
User: calonzo
Program ID: apchkrcn
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 350468 07/29/2026 EFT 000165 ANIMAL EMERGENCY CLINIC 291.00 350469 07/29/2026 EFT 023184 ARMENTA, NORMA 400.00 350470 07/29/2026 EFT 019042 ARVIZU, SAMMY 400.00 350471 07/29/2026 EFT 017968 AVCOM SERVICES, INC. 425.00 350472 07/29/2026 EFT 000297 BECK OIL, INC. 38,539.08 350473 07/29/2026 EFT 024019 BEST, DANIEL 400.00 350474 07/29/2026 EFT 014820 CAL-STATE AUTO PARTS 251.57 350475 07/29/2026 EFT 021079 CIVICPLUS, LLC 158,480.87 350476 07/29/2026 EFT 015486 CONSOLIDATED ELECTRICAL D 20.42 350477 07/29/2026 EFT 007554 DAVIS, JOSHUA 400.00 350478 07/29/2026 EFT 022345 DIAMOND ENVIRONMENTAL SER 125.00 350479 07/29/2026 EFT 014122 EUROFINS EATON ANALYTICAL 721.52 350480 07/29/2026 EFT 001740 G.A. OSBORNE PIPE-SUPPLY 882.51 350481 07/29/2026 EFT 001063 GOODYEAR TIRE & RUBBER CO 785.26 350482 07/29/2026 EFT 001076 GRAINGER 51.14 350483 07/29/2026 EFT 028225 HESPERIA OUTDOOR POWER EQ 491.16 350484 07/29/2026 EFT 024922 INFOSEND, INC 127.53 350485 07/29/2026 EFT 001059 JOE A. GONSALVES & SON 3,500.00 350486 07/29/2026 EFT 001599 MOJAVE DESERT AIR QUALITY 397.00 350487 07/29/2026 EFT 017743 MOJAVE COPY & PRINTING IN 75.48 350488 07/29/2026 EFT 014011 MYERS AND SONS HI-WAY SAF 1,289.83 350489 07/29/2026 EFT 024434 GENUINE PARTS COMPANY 210.82 350490 07/29/2026 EFT 028213 O'REILLY AUTO PARTS 15.79 350491 07/29/2026 EFT 013165 PETE'S ROAD SERVICE 53.61 350492 07/29/2026 EFT 001886 PRUDENTIAL OVERALL SUPPLY 753.03 350493 07/29/2026 EFT 024930 REFRIGERATION SUPPLIES DI 93.18 350494 07/29/2026 EFT 024983 ROBINSON, JUAN 300.00 350495 07/29/2026 EFT 002063 SBC FIRE DEPARTMENT 42,728.25 350496 07/29/2026 EFT 014914 ULINE, INC. 83.30 350497 07/29/2026 EFT 029118 UNITED ROTARY BRUSH CORPO 2,608.38 350498 07/29/2026 EFT 021895 HD SUPPLY, INC. 512.54 350499 07/29/2026 EFT 018943 VILLARREAL, ARNOLD 400.00 350500 07/29/2026 EFT 008430 CALMAT COMPANY 5,214.28 350604 07/29/2026 EFT 005004 ABREGO, RODOLFO RUDY 164.99 350605 07/29/2026 EFT 014212 ALDERETE, EVONIA 584.50 350606 07/29/2026 EFT 011930 ANDERSON, PAMELA K 571.04 350607 07/29/2026 EFT 011756 ANDRETTI, SANDRA 583.61 350608 07/29/2026 EFT 004157 ARMSTRONG, DANA 385.41 350609 07/29/2026 EFT 019717 ARROYO, JOANN 377.23 350610 07/29/2026 EFT 003638 BECERRA, ELIZABETH 836.91 350611 07/29/2026 EFT 012054 BECKER, JOHN R 445.16 350612 07/29/2026 EFT 014654 BEVILACQUA, ANTHONY 584.50 350613 07/29/2026 EFT 011916 BIER, MICHAEL 562.87 350614 07/29/2026 EFT 018689 BORROWMAN, STEVEN H. 997.86 350615 07/29/2026 EFT 012066 BROWN, MARTY R 584.50 350616 07/29/2026 EFT 012044 BURCHAK, GLORIA J 556.32 350617 07/29/2026 EFT 012056 CALDWELL, TERRY E 453.34 350618 07/29/2026 EFT 001114 CAMELI-STEVENS, LORAINE 162.44 350619 07/29/2026 EFT 003218 CARBAJAL, STEVEN 221.82 350620 07/29/2026 EFT 025314 CASTRO, MELISSA 400.29 350621 07/29/2026 EFT 003645 CATHCART, MICHAEL 697.57 350622 07/29/2026 EFT 004144 CHRISTIAN-SOPER, BARBARA 323.57
CITY OF VICTORVILLE
AP CHECK RECONCILIATION REGISTER
Report generated: 08/06/2026 09:06
User: calonzo
Program ID: apchkrcn
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 350623 07/29/2026 EFT 008111 COLLINS, KEVIN 639.02 350624 07/29/2026 EFT 011935 COSTELLO, JOSE 124.44 350625 07/29/2026 EFT 011934 COX, JAMES L 522.32 350626 07/29/2026 EFT 012051 COX, JOHN STEVEN 73.24 350627 07/29/2026 EFT 012064 COY, MICHAEL 278.79 350628 07/29/2026 EFT 012069 DEZWART, AMY LYN 556.32 350629 07/29/2026 EFT 006095 DIAZ, JANET 592.13 350630 07/29/2026 EFT 009544 FALZONE, RICHARD 280.54 350631 07/29/2026 EFT 012046 FITZSIMMONS, RALPH L 85.38 350632 07/29/2026 EFT 012062 FLORES, CYNTHIA D 49.38 350633 07/29/2026 EFT 004773 FLORES, JOSEPH P. 152.84 350634 07/29/2026 EFT 014881 GARCIA, ERNIE 164.99 350635 07/29/2026 EFT 011940 GARCIA, VINCENT J 820.56 350636 07/29/2026 EFT 011909 GARLAND, SHEILA D 338.11 350637 07/29/2026 EFT 015665 HELDRETH, GREGORY 1,119.00 350638 07/29/2026 EFT 012052 HINOJOS, JANICE A 400.29 350639 07/29/2026 EFT 011677 HOLLAND, KELLEY 341.35 350640 07/29/2026 EFT 011385 JAMES, CHRISTINA 591.96 350641 07/29/2026 EFT 012050 JARRETT, JENNIE L 488.39 350642 07/29/2026 EFT 022215 KARRES, RONALD J. 390.07 350643 07/29/2026 EFT 012049 KUHLMANN, EULEMA 159.65 350644 07/29/2026 EFT 029000 LACEY, MICHAEL P. 81.07 350645 07/29/2026 EFT 014183 LAURIE, BERNEE 225.96 350646 07/29/2026 EFT 012061 LAWSON, JAMES 836.91 350647 07/29/2026 EFT 012047 LEEF, DAVID 445.16 350648 07/29/2026 EFT 006502 LEWIS, ROBERT 161.26 350649 07/29/2026 EFT 009048 LUDWIG, TRACY 632.33 350650 07/29/2026 EFT 019051 LUTHER, KARLA 130.62 350651 07/29/2026 EFT 012060 MADDOX, JONNIE F 584.50 350652 07/29/2026 EFT 019440 MCCORMICK, DONNA 874.59 350653 07/29/2026 EFT 014184 MCGINN, JOHN 881.68 350654 07/29/2026 EFT 011918 MCGLADE, JOHN A 319.09 350655 07/29/2026 EFT 004588 MCGOWAN, CHERYL 275.83 350656 07/29/2026 EFT 003603 MCMURTRY, DANIEL 847.52 350657 07/29/2026 EFT 011913 MILLENDER, FRANCENE J 645.79 350658 07/29/2026 EFT 003597 MILLENDER, JOSEPH 944.87 350659 07/29/2026 EFT 004745 MILLER, BRUCE 43.41 350660 07/29/2026 EFT 011917 MORSE, RENEE 571.04 350661 07/29/2026 EFT 012070 MOSHER, ADELE 189.57 350662 07/29/2026 EFT 012426 MULLINS, DENNIS M. 376.11 350663 07/29/2026 EFT 012065 NEWELL, CAROLYN 578.03 350664 07/29/2026 EFT 003200 O'DELL, DARRELL 351.36 350665 07/29/2026 EFT 013672 OGILVIE-HARPER, MARQUITA 149.27 350666 07/29/2026 EFT 012697 OROS, DWAYNE E. 888.05 350667 07/29/2026 EFT 012057 PATTERSON, ADAIR MARIE 571.04 350668 07/29/2026 EFT 022185 PIEPER, WADE 275.83 350669 07/29/2026 EFT 020717 PRUEITT, CORINNE 875.96 350670 07/29/2026 EFT 020716 PRUEITT, DAVID 263.74 350671 07/29/2026 EFT 011910 RAMIREZ, DIANA M 127.82 350672 07/29/2026 EFT 018894 RANDALL, DAVID L. 136.49 350673 07/29/2026 EFT 011920 RANKIN, SHARON 338.11 350674 07/29/2026 EFT 013209 RANKIN, TIMOTHY 1,056.82
CITY OF VICTORVILLE
AP CHECK RECONCILIATION REGISTER
Report generated: 08/06/2026 09:06
User: calonzo
Program ID: apchkrcn
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 350675 07/29/2026 EFT 007901 ROCHE, HEIDI 468.09 350676 07/29/2026 EFT 020907 RODRIGUEZ, ANGELA 363.00 350677 07/29/2026 EFT 014496 RODRIGUEZ, LOUIE 847.52 350678 07/29/2026 EFT 017345 RUSSO, MARILEE 105.64 350679 07/29/2026 EFT 003583 RUSSO, VINCE 217.79 350680 07/29/2026 EFT 014493 SALAS, GLENN 148.19 350681 07/29/2026 EFT 012045 SALBERG, RAYMOND A 393.95 350682 07/29/2026 EFT 011929 SALINAS SR., XAVIER S 338.11 350683 07/29/2026 EFT 011086 SANCHEZ, TERESA 506.45 350684 07/29/2026 EFT 019830 SARABIA, GILBERTO 19.67 350685 07/29/2026 EFT 017488 SCHROEDER, KAY D. 522.32 350686 07/29/2026 EFT 014082 SMITH, ARNOLD 97.42 350687 07/29/2026 EFT 011900 SMITH, DAVID SCOTT 585.80 350688 07/29/2026 EFT 005413 SMITH, SOPHIE L. 593.97 350689 07/29/2026 EFT 011931 SONGER FAMILY SURVIVAL TR 584.50 350690 07/29/2026 EFT 024654 SPARKS, DAVID J. 338.11 350691 07/29/2026 EFT 005559 ST. LOUIS, LINDA 1,119.00 350692 07/29/2026 EFT 018887 STONESIFER, ROBERT 159.65 350693 07/29/2026 EFT 021852 STONESIFER, BARRY 400.29 350694 07/29/2026 EFT 012949 STRATTON, DANIEL 186.62 350695 07/29/2026 EFT 017153 SZARZYNSKI, MICHAEL J. 468.09 350696 07/29/2026 EFT 021025 TAYLOR, SHARON 404.42 350697 07/29/2026 EFT 012078 THOMASSON, PHILLIP 626.19 350698 07/29/2026 EFT 001993 TREVINO,JOSEFINA 629.44 350699 07/29/2026 EFT 004839 TUCKER, MITCHELL 444.97 350700 07/29/2026 EFT 014806 WASSERMAN, REBECCA A 136.49 350701 07/29/2026 EFT 019160 WEAVER, STUART 888.05 350702 07/29/2026 EFT 013671 WEBB, WILLIAM C 464.99 350703 07/29/2026 EFT 011915 WHITE, JAMES M 584.50 350704 07/29/2026 EFT 011924 WILSON, BOBBY G 378.66 350705 07/29/2026 EFT 012958 WOLTERS, MARCELLA 156.98 350706 07/29/2026 EFT 012059 ZIZZI, WARREN J 979.66 350707 08/05/2026 EFT 019621 AGA ENGINEERS, INC. 2,920.00 350708 08/05/2026 EFT 018995 AIR EXCHANGE, INC. 8,274.14 350709 08/05/2026 EFT 006716 AIRGAS, INC. 90.70 350710 08/05/2026 EFT 022097 AMAZON CAPITAL SERVICES, 970.59 350711 08/05/2026 EFT 024059 BALFOUR BEATTY INFRASTRUC 16,468.21 350712 08/05/2026 EFT 021096 BERGKAMP INC. 215.19 350713 08/05/2026 EFT 019571 MJ AUTO GLASS INC. 624.22 350714 08/05/2026 EFT 000333 BOB'S TIRE SERVICE 180.00 350715 08/05/2026 EFT 015877 BOOT BARN, INC. 325.00 350716 08/05/2026 EFT 010986 BRAUN BLAISING SMITH WYNN 34,600.11 350717 08/05/2026 EFT 024102 BURRTEC WASTE INDUSTRIES, 1,472,271.16 350718 08/05/2026 EFT 003245 CALIFORNIA DEPARTMENT OF 1,519.00 350719 08/05/2026 EFT 014820 CAL-STATE AUTO PARTS 3,177.51 350721 08/05/2026 EFT 015486 CONSOLIDATED ELECTRICAL D 630.75 350722 08/05/2026 EFT 000743 DELL MARKETING L.P. 17,490.67 350723 08/05/2026 EFT 000910 FAIRVIEW FORD SALES, INC. 2,003.53 350724 08/05/2026 EFT 016744 FAMILY ASSISTANCE PROGRAM 42,814.97 350725 08/05/2026 EFT 019267 F C AND SONS ROOFING, INC 194,913.40 350726 08/05/2026 EFT 017560 FERGUSON ENTERPRISES, LLC 13.13 350727 08/05/2026 EFT 022275 GASKELL TEP LLC 132,911.65
CITY OF VICTORVILLE
AP CHECK RECONCILIATION REGISTER
Report generated: 08/06/2026 09:06
User: calonzo
Program ID: apchkrcn
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 350729 08/05/2026 EFT 001063 GOODYEAR TIRE & RUBBER CO 868.74 350730 08/05/2026 EFT 017752 HATTRIX INC. 862.94 350731 08/05/2026 EFT 024922 INFOSEND, INC 28,345.91 350732 08/05/2026 EFT 018875 KONICA MINOLTA BUSINESS S 3,204.32 350733 08/05/2026 EFT 000696 L.N. CURTIS & SONS 1,627.32 350734 08/05/2026 EFT 001548 MCMASTER-CARR SUPPLY CO. 3,847.75 350735 08/05/2026 EFT 019967 MOJAVE AUTO COLLISION 10,323.22 350736 08/05/2026 EFT 017743 MOJAVE COPY & PRINTING IN 274.48 350737 08/05/2026 EFT 005602 MONTGOMERY HARDWARE CO. 492.50 350738 08/05/2026 EFT 024434 GENUINE PARTS COMPANY 67.55 350739 08/05/2026 EFT 014835 OMNIS INCORPORATED 4,774.00 350740 08/05/2026 EFT 028213 O'REILLY AUTO PARTS 32.60 350741 08/05/2026 EFT 023903 BLUE TRITON BRANDS INC 507.53 350742 08/05/2026 EFT 024224 PROACTIVE WORK HEALTH MED 8,035.00 350743 08/05/2026 EFT 001886 PRUDENTIAL OVERALL SUPPLY 300.00 350744 08/05/2026 EFT 024930 REFRIGERATION SUPPLIES DI 1,407.25 350745 08/05/2026 EFT 001988 RSG, INC. 3,346.25 350746 08/05/2026 EFT 002037 SAN BERNARDINO COUNTY 86,495.19 350747 08/05/2026 EFT 015670 SCORPION FIRE PROTECTION, 7,087.50 350748 08/05/2026 EFT 001015 GALLS, LLC 9,155.96 350749 08/05/2026 EFT 000688 TARCO INDUSTRIES, INC. 276.18 350750 08/05/2026 EFT 017269 TOWN & COUNTRY TIRE INC 100.00 350751 08/05/2026 EFT 020979 TR DESIGN GROUP, INC. 16,970.00 350752 08/05/2026 EFT 014914 ULINE, INC. 337.72 350753 08/05/2026 EFT 015004 U.S. DEPARTMENT OF ENERGY 347.32 350754 08/05/2026 EFT 002786 VANCE CORPORATION 78,787.43 350755 08/05/2026 EFT 015079 VERIZON WIRELESS SERVICES 611.14 350756 08/05/2026 EFT 020421 VOHNE LICHE KENNELS, INC. 1,200.00 350757 08/05/2026 EFT 002498 VICTOR VALLEY WASTEWATER 353,858.69 350758 08/05/2026 EFT 002554 WAXIE'S ENTERPRISES, LLC, 1,180.04 350759 08/05/2026 EFT 021844 WILLDAN FINANCIAL SERVICE 337.80 350760 08/05/2026 EFT 022033 WOODARD & CURRAN, INC. 532,131.25 350761 08/05/2026 EFT 022084 A-1 ENTERPRISE, INC. 1,475.00 350762 08/05/2026 EFT 022097 AMAZON CAPITAL SERVICES, 3,081.69 350763 08/05/2026 EFT 017968 AVCOM SERVICES, INC. 209.00 350764 08/05/2026 EFT 000297 BECK OIL, INC. 58,209.73 350765 08/05/2026 EFT 012308 ROADPOST USA ,INC. 1,081.50 350766 08/05/2026 EFT 016222 CACEO 3,725.00 350767 08/05/2026 EFT 022096 CALI AUTO GLASS 349.00 350768 08/05/2026 EFT 002720 CTWS, LLC 202.57 350769 08/05/2026 EFT 014820 CAL-STATE AUTO PARTS 181.94 350770 08/05/2026 EFT 001162 CAZCOM, INC. 450.00 350771 08/05/2026 EFT 021079 CIVICPLUS, LLC 6,118.05 350772 08/05/2026 EFT 015486 CONSOLIDATED ELECTRICAL D 2,182.51 350773 08/05/2026 EFT 000662 NANCY K BOHL INC. 1,260.00 350774 08/05/2026 EFT 005540 CUBIC ITS, INC. 7,423.00 350775 08/05/2026 EFT 023070 C. WELLS PIPELINE MATERIA 2,464.28 350776 08/05/2026 EFT 000760 DESERT SERVICE STATION MA 1,939.00 350777 08/05/2026 EFT 022345 DIAMOND ENVIRONMENTAL SER 114.14 350778 08/05/2026 EFT 015760 FASTENAL COMPANY 1,138.40 350779 08/05/2026 EFT 017560 FERGUSON ENTERPRISES, LLC 382.29 350780 08/05/2026 EFT 016032 FIBER INSTRUMENT SALES, I 242.79
CITY OF VICTORVILLE
AP CHECK RECONCILIATION REGISTER
Report generated: 08/06/2026 09:06
User: calonzo
Program ID: apchkrcn
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 350782 08/05/2026 EFT 016134 FRONTIER COMMUNICATIONS C 2,291.35 350783 08/05/2026 EFT 001740 G.A. OSBORNE PIPE-SUPPLY 59.06 350784 08/05/2026 EFT 001063 GOODYEAR TIRE & RUBBER CO 4,135.90 350785 08/05/2026 EFT 001076 GRAINGER 38.09 350786 08/05/2026 EFT 007552 GROOVELABS, LLC 11,676.00 350787 08/05/2026 EFT 001104 HAAKER EQUIPMENT CO. 1,620.50 350788 08/05/2026 EFT 017752 HATTRIX INC. 38.06 350789 08/05/2026 EFT 021594 HERITAGE LANDSCAPE SUPPLY 1,090.41 350790 08/05/2026 EFT 028225 HESPERIA OUTDOOR POWER EQ 1,313.28 350791 08/05/2026 EFT 024922 INFOSEND, INC 1,430.58 350792 08/05/2026 EFT 010267 INTERNATIONAL CODE COUNCI 1,450.00 350793 08/05/2026 EFT 017751 MICHAEL BAKER INTERNATION 25,358.00 350794 08/05/2026 EFT 024434 GENUINE PARTS COMPANY 13,181.61 350795 08/05/2026 EFT 008568 NBS GOVERNMENT FINANCE GR 1,800.00 350796 08/05/2026 EFT 028213 O'REILLY AUTO PARTS 187.42 350797 08/05/2026 EFT 013165 PETE'S ROAD SERVICE 2,226.45 350798 08/05/2026 EFT 001886 PRUDENTIAL OVERALL SUPPLY 615.36 350799 08/05/2026 EFT 024930 REFRIGERATION SUPPLIES DI 421.60 350800 08/05/2026 EFT 002746 ROTO ROOTER PLUMBERS 495.00 350801 08/05/2026 EFT 023757 SMART & FINAL HOLDINGS, I 100.45 350802 08/05/2026 EFT 022247 SYMBA CENTER 231,750.00 350803 08/05/2026 EFT 018368 TARGETSOLUTIONS LEARNING, 789.90 350804 08/05/2026 EFT 017269 TOWN & COUNTRY TIRE INC 230.00 350805 08/05/2026 EFT 002419 UNDERGROUND SERVICE ALERT 55.15 350806 08/05/2026 EFT 003089 UNITED RENTALS, INC. 1,153.86 350807 08/05/2026 EFT 029118 UNITED ROTARY BRUSH CORPO 1,270.75 350809 08/05/2026 EFT 015079 VERIZON WIRELESS SERVICES 610.34 350810 08/05/2026 EFT 002554 WAXIE'S ENTERPRISES, LLC, 1,459.25 350811 08/05/2026 EFT 010274 HD SUPPLY CONSTRUCTION SU 1,425.76 804683 07/29/2026 PRINTED 002336 3M COMPANY 4,210.86 804684 07/29/2026 PRINTED 013312 A & B HITCHES AND MUFFLER 819.25 804685 07/29/2026 PRINTED 017486 ALTEC INDUSTRIES, INC. 244.79 804686 07/29/2026 PRINTED 006416 ANTONY ANIMAL HOSPITAL 480.00 804687 07/29/2026 PRINTED 019754 AUTOMATIONDIRECT.COM, INC 4,841.21 804688 07/29/2026 PRINTED 017680 AUTOZONE, INC. 177.90 804689 07/29/2026 PRINTED 017819 ANIMAL HOSPITAL AT THE NA 80.00 804690 07/29/2026 PRINTED 000179 APPLE VALLEY FIRE PROTECT 7,355.09 804691 07/29/2026 PRINTED 025164 THE BANK OF NEW YORK MELL 4,303.60 804692 07/29/2026 PRINTED 023722 DAWG FOUNDERS FUND, INC. 1,085.00 804693 07/29/2026 PRINTED 000290 BATTERY MART OF APPLE VAL 342.78 804694 07/29/2026 PRINTED 023067 BEAR VALLEY ANIMAL HOSPIT 560.00 804695 07/29/2026 PRINTED 004380 BELFOR USA GROUP, INC. 4,987.24 804696 07/29/2026 PRINTED 024102 BURRTEC WASTE INDUSTRIES, 2,828.80 804697 07/29/2026 PRINTED 024102 BURRTEC WASTE INDUSTRIES, 5,893.25 804698 07/29/2026 PRINTED 020755 MIKE CAPOSIO BUICK GMC, L 322.48 804699 07/29/2026 PRINTED 014359 CIVILTEC ENGINEERING, INC 12,150.00 804700 07/29/2026 PRINTED 021383 CROSS CONNECTIONS EMERGEN 11,260.72 804701 07/29/2026 PRINTED 020448 D'ALESIO, DEAN 1,194.95 804702 07/29/2026 PRINTED 011295 FIREMAN ROCK & NURSERY IN 724.28 804703 07/29/2026 PRINTED 011371 GARDA CL NORTHWEST, INC. 144.90 804704 07/29/2026 PRINTED 020219 HARRINGTON INDUSTRIAL PLA 9,143.70 804705 07/29/2026 PRINTED 021441 HENRY SCHEIN, INC. 3,913.47
CITY OF VICTORVILLE
AP CHECK RECONCILIATION REGISTER
Report generated: 08/06/2026 09:06
User: calonzo
Program ID: apchkrcn
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 804706 07/29/2026 PRINTED 004021 HIGH DESERT LASER GRAPHIC 28.28 804707 07/29/2026 PRINTED 003103 J & L UPHOLSTERY 50.00 804708 07/29/2026 PRINTED 018875 KONICA MINOLTA 227.11 804709 07/29/2026 PRINTED 004292 LU'S LIGHTHOUSE 2,499.99 804710 07/29/2026 PRINTED 017092 MACIEL, OMAR 375.00 804711 07/29/2026 PRINTED 001592 MOBILE OCCUPATIONAL SERVI 120.00 804712 07/29/2026 PRINTED 027847 MOJAVE DESERT & MTN INTEG 28,538.00 804713 07/29/2026 PRINTED 009123 PATTON SALES CORP. 1,488.17 804714 07/29/2026 PRINTED 022220 PETROLEUM TELCOM, INC. 16,860.00 804715 07/29/2026 PRINTED 002071 SAN BERNARDINO CO SOLID W 284,414.41 804716 07/29/2026 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 1,232.45 804717 07/29/2026 PRINTED 024609 STAPLES BUSINESS ADVANTAG 2,856.58 804718 07/29/2026 PRINTED 024266 HEADS-EVANS, TERRENCE TYR 1,150.00 804719 07/29/2026 PRINTED 015430 TRI-PACIFIC SUPPLY, INC. 4,500.00 804720 07/29/2026 PRINTED 024546 WALLACE GROUP, A CALIFORN 43,839.56 804721 07/29/2026 PRINTED 029510 WEST END MATERIAL SUPPLY 271.39 804722 07/29/2026 PRINTED 015132 ACEVEDO, FELIX 300.00 804723 07/29/2026 PRINTED 021907 APPLE VALLEY PORTABLES, I 100.00 804724 07/29/2026 PRINTED 004381 BAKER, FRANK 400.00 804725 07/29/2026 PRINTED 024606 BAVCO 282.35 804726 07/29/2026 PRINTED 023067 BEAR VALLEY ANIMAL HOSPIT 560.00 804727 07/29/2026 PRINTED 025016 BONILLA, LUIS 300.00 804728 07/29/2026 PRINTED 012508 ENVIRONMENTAL SYSTEMS RES 127,387.50 804729 07/29/2026 PRINTED 024518 ENVOY, INC 3,783.47 804730 07/29/2026 PRINTED 019274 ESTRADA, FRANCISCO 400.00 804731 07/29/2026 PRINTED 023049 FLORES, JUSTIN 216.74 804732 07/29/2026 PRINTED 024939 FULLRANGE PRODUCTIONS LLC 5,250.00 804733 07/29/2026 PRINTED 025009 GARCIA, ALAN 400.00 804734 07/29/2026 PRINTED 018963 GARCIA, ALEJANDRA 400.00 804735 07/29/2026 PRINTED 024914 HALL, JOHN W. 400.00 804736 07/29/2026 PRINTED 023072 HAMRICK, BURTON 100.00 804737 07/29/2026 PRINTED 020520 PEDIATRIC EMERGENCY STAND 8,442.07 804738 07/29/2026 PRINTED 001174 HIGH DESERT HISPANIC CHAM 1,500.00 804739 07/29/2026 PRINTED 021441 HENRY SCHEIN, INC. 452.06 804740 07/29/2026 PRINTED 001155 HESPERIA HOSE SUPPLY 189.94 804741 07/29/2026 PRINTED 012130 JONES, ANTHONY 400.00 804742 07/29/2026 PRINTED 010684 KALE, SPARKY 300.00 804743 07/29/2026 PRINTED 019260 KNUTSEN, JERRY 400.00 804744 07/29/2026 PRINTED 015093 LOGSDON, LEE 300.00 804745 07/29/2026 PRINTED 999985 MGM ENERGY 98.53 804746 07/29/2026 PRINTED 999985 MGM ENERGY 95.39 804747 07/29/2026 PRINTED 999985 MURGUIA, JOSE 1,148.52 804748 07/29/2026 PRINTED 000361 MARK BROWN & ASSOCIATES, 200.53 804749 07/29/2026 PRINTED 022562 MARTINEZ, PASCUAL 400.00 804750 07/29/2026 PRINTED 024743 MASTER'S REFRESHMENT SERV 93.98 804751 07/29/2026 PRINTED 001611 MOORE, CHRISTOPHER 400.00 804752 07/29/2026 PRINTED 022212 MWI VETERINARY SUPPLY CO. 1,449.75 804753 07/29/2026 PRINTED 022947 NEWCO DISTRIBUTORS 1,464.81 804754 07/29/2026 PRINTED 024544 OLIVER, JASON 540.00 804755 07/29/2026 PRINTED 008574 PEREZ, HECTOR 400.00 804756 07/29/2026 PRINTED 023348 POUTSMA, CHRIS 400.00 804757 07/29/2026 PRINTED 003150 ROBERTSON'S 5,536.51
CITY OF VICTORVILLE
AP CHECK RECONCILIATION REGISTER
Report generated: 08/06/2026 09:06
User: calonzo
Program ID: apchkrcn
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 804758 07/29/2026 PRINTED 011090 SIERRAS, LUIS 400.00 804759 07/29/2026 PRINTED 008569 SOUTHERN CALIFORNIA TROPH 2,637.70 804760 07/29/2026 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 39,186.65 804761 07/29/2026 PRINTED 024609 STAPLES BUSINESS ADVANTAG 560.87 804762 07/29/2026 PRINTED 002204 SOUTHWEST GAS CORPORATION 5,508.73 804763 07/29/2026 PRINTED 024936 WALKER, JORDAN 400.00 804764 07/29/2026 PRINTED 025017 WHITEFIELD, ALIJAH 300.00 804765 07/29/2026 PRINTED 021549 ZAMORA, MARCOS 400.00 804766 07/29/2026 PRINTED 024960 ZOETIS US LLC 4,277.95 804767 07/29/2026 PRINTED 025019 BARNES, GREGORY S 111.81 804768 07/29/2026 PRINTED 006591 CHANG, PHOEBE 21.64 804769 07/29/2026 PRINTED 025041 CHICAGO TITLE COMPANY 313.10 804770 07/29/2026 PRINTED 025038 DARDEN, TIMOTHY 15.21 804771 07/29/2026 PRINTED 025026 DARLING INVESTMENT PROPER 24.08 804772 07/29/2026 PRINTED 025037 EQUITY TRUST COMPANY 28.88 804773 07/29/2026 PRINTED 025033 FIDELITY NATIONAL TITLE C 392.69 804774 07/29/2026 PRINTED 025039 FIRST AMERICAN TITLE COMP 213.41 804775 07/29/2026 PRINTED 025022 GALLEGOS, JOSE A 27.28 804776 07/29/2026 PRINTED 025028 GRAND REALTORS INC 28.08 804777 07/29/2026 PRINTED 025024 HERNANDEZ, ISRAEL 54.10 804778 07/29/2026 PRINTED 025021 JI, ELEANOR XUE LE 23.88 804779 07/29/2026 PRINTED 025020 LAM, THAI & HANH FAMILY T 75.09 804780 07/29/2026 PRINTED 025027 LE, TUAN 26.48 804781 07/29/2026 PRINTED 023227 MEDINA, ROBERT & CAMERINA 240.00 804782 07/29/2026 PRINTED 024494 MENDOZA, DANIEL 172.45 804783 07/29/2026 PRINTED 000871 OPTIMUM PROPERTY MGMT 223.53 804784 07/29/2026 PRINTED 025040 ORANGE COAST TITLE COMPAN 431.16 804785 07/29/2026 PRINTED 025034 PEREZ, MATILDE 185.90 804786 07/29/2026 PRINTED 025018 PGC BUILDERS 268.00 804787 07/29/2026 PRINTED 025036 PURE LOGIC ESCROW INC 215.01 804788 07/29/2026 PRINTED 019151 RICHMOND AMERICAN HOMES 111.14 804789 07/29/2026 PRINTED 025035 SOCHEATH LY 132.00 804790 07/29/2026 PRINTED 025029 TEJADA, CYNTHIA J. 4.53 804791 07/29/2026 PRINTED 025032 THE BUHAMDANS TRUST 28.08 804792 07/29/2026 PRINTED 025042 TICOR TITLE COMPANY OF CA 285.18 804793 07/29/2026 PRINTED 025023 TOLEDO, GRACE 23.98 804794 07/29/2026 PRINTED 025025 UM, PHALLA TRUST 10/15/12 27.28 804795 07/29/2026 PRINTED 025044 USA NATIONAL TITLE COMPAN 94.42 804796 07/29/2026 PRINTED 025030 WANG, HUAN 23.98 804797 07/29/2026 PRINTED 011525 ZHAO, HAI Y 600.00 804798 08/05/2026 PRINTED 016218 2 HOT UNIFORMS INC 14,297.96 804799 08/05/2026 PRINTED 016199 34TH STREET, INC. 1,600.00 804800 08/05/2026 PRINTED 024830 ASHWORTH LEININGER GROUP 6,000.00 804801 08/05/2026 PRINTED 023631 UTILIS INC. 86,307.00 804802 08/05/2026 PRINTED 019754 AUTOMATIONDIRECT.COM, INC 3,701.75 804803 08/05/2026 PRINTED 017680 AUTOZONE, INC. 164.35 804804 08/05/2026 PRINTED 024445 BARTLE WELLS ASSOCIATES 6,438.29 804805 08/05/2026 PRINTED 000290 BATTERY MART OF APPLE VAL 690.49 804806 08/05/2026 PRINTED 000256 BSN SPORTS, INC. 1,552.96 804807 08/05/2026 PRINTED 024102 BURRTEC WASTE INDUSTRIES, 4,585.34 804808 08/05/2026 PRINTED 000787 DEPARTMENT OF CONSERVATIO 9,323.14 804809 08/05/2026 PRINTED 024262 CANON U.S.A. INC. 1,721.75
CITY OF VICTORVILLE
AP CHECK RECONCILIATION REGISTER
Report generated: 08/06/2026 09:06
User: calonzo
Program ID: apchkrcn
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 804810 08/05/2026 PRINTED 020755 MIKE CAPOSIO BUICK GMC, L 759.37 804811 08/05/2026 PRINTED 006339 CASC ENGINEERING AND CONS 4,765.61 804812 08/05/2026 PRINTED 025013 CRUZ, RAFAEL 127.23 804813 08/05/2026 PRINTED 024261 CSG ADVISORS INCORPORATED 1,617.16 804814 08/05/2026 PRINTED 009111 APPLE VALLEY CONSTRUCTION 45,391.00 804815 08/05/2026 PRINTED 000058 DESERT VALLEY MEDICAL GRO 18.00 804816 08/05/2026 PRINTED 022422 ERNIE'S AUTO SERVICE CORP 1,032.91 804817 08/05/2026 PRINTED 023116 FORVIS, LLP 6,195.00 804818 08/05/2026 PRINTED 024742 GENTRY GENERAL ENGINEERIN 96,168.64 804819 08/05/2026 PRINTED 025043 GUTIERREZ, JOSE 3,333.00 804820 08/05/2026 PRINTED 008788 HDL COREN & CONE 795.00 804821 08/05/2026 PRINTED 021441 HENRY SCHEIN, INC. 2,968.11 804822 08/05/2026 PRINTED 013762 HESPERIA ANIMAL HOSPITAL 720.00 804823 08/05/2026 PRINTED 001155 HESPERIA HOSE SUPPLY 16.45 804824 08/05/2026 PRINTED 022573 HYDROTEK INDUSTRIES 350.00 804825 08/05/2026 PRINTED 024123 KITTELSON & ASSOCIATES, I 36,397.17 804826 08/05/2026 PRINTED 018875 KONICA MINOLTA 232.81 804827 08/05/2026 PRINTED 018875 KONICA MINOLTA BUSINESS S 2,483.55 804828 08/05/2026 PRINTED 022774 LIEBERT CASSIDY WHITMORE 4,073.75 804829 08/05/2026 PRINTED 023592 LIVEVIEW TECHNOLOGIES, IN 13,593.75 804830 08/05/2026 PRINTED 007609 MACERICH PARTNERSHIP, L.P 264,457.00 804831 08/05/2026 PRINTED 012515 MASCARO, ANTHONY SR. 535.00 804832 08/05/2026 PRINTED 019904 RESPONSE MARKETING, INC. 3,927.00 804833 08/05/2026 PRINTED 027847 MOJAVE DESERT & MTN INTEG 143,111.55 804834 08/05/2026 PRINTED 017036 RIVERS & LANDS CONSERVANC 3,220.24 804835 08/05/2026 PRINTED 002037 SAN BERNARDINO COUNTY 260.00 804836 08/05/2026 PRINTED 002037 SAN BERNARDINO COUNTY REG 17,000.00 804837 08/05/2026 PRINTED 002037 SAN BERNARDINO COUNTY 14,688.62 804838 08/05/2026 PRINTED 018370 SITEONE LANDSCAPE SUPPLY 10,214.66 804839 08/05/2026 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 915.59 804840 08/05/2026 PRINTED 024609 STAPLES BUSINESS ADVANTAG 122.28 804841 08/05/2026 PRINTED 016520 UNITED STATES CUSTOMS AND 881.13 804842 08/05/2026 PRINTED 024960 ZOETIS US LLC 3,020.48 804843 08/05/2026 PRINTED 020285 BIZON GROUP, INC. 8,065.40 804844 08/05/2026 PRINTED 024763 GLOBAL BUILDERS, INC 52,012.88 804845 08/05/2026 PRINTED 017680 AUTOZONE, INC. 1,308.18 804846 08/05/2026 PRINTED 025490 CALIFORNIA BUILDING STAND 3,069.45 804847 08/05/2026 PRINTED 000618 CDW GOVERNMENT, INC. 137.36 804848 08/05/2026 PRINTED 016335 CHARTER COMMUNICATION HOL 3,110.74 804849 08/05/2026 PRINTED 020975 CRISP ENTERPRISES, INC. 529.61 804850 08/05/2026 PRINTED 023370 FIRST AMERICAN TITLE 7,743.00 804851 08/05/2026 PRINTED 001155 HESPERIA HOSE SUPPLY 488.22 804852 08/05/2026 PRINTED 004021 HIGH DESERT LASER GRAPHIC 50.03 804853 08/05/2026 PRINTED 017053 HIGH DESERT LOCK & SAFE, 162.85 804854 08/05/2026 PRINTED 024659 INLAND KENWORTH (US) INC. 88.39 804855 08/05/2026 PRINTED 000155 CENTURYLINK COMMUNICATION 452.11 804856 08/05/2026 PRINTED 000361 MARK BROWN & ASSOCIATES, 28.87 804857 08/05/2026 PRINTED 023678 MGT IMPACT SOLUTIONS, LLC 74.50 804858 08/05/2026 PRINTED 022212 MWI VETERINARY SUPPLY CO. 202.11 804859 08/05/2026 PRINTED 023705 PRO-CRAFT CONSTRUCTION, I 2,196.52 804860 08/05/2026 PRINTED 003150 ROBERTSON'S 2,337.40 804861 08/05/2026 PRINTED 002063 SBC FIRE DEPARTMENT 100.00
CITY OF VICTORVILLE
AP CHECK RECONCILIATION REGISTER
Report generated: 08/06/2026 09:06
User: calonzo
Program ID: apchkrcn
FOR CASH ACCOUNT: 000 11100 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 804862 08/05/2026 PRINTED 002037 SAN BERNARDINO COUNTY 40.00 804863 08/05/2026 PRINTED 002037 SAN BERNARDINO COUNTY 40.00 804864 08/05/2026 PRINTED 002009 SOUTHERN CALIFORNIA ASSOC 20,309.00 804865 08/05/2026 PRINTED 002188 SOUTHERN CALIFORNIA EDISO 77,049.22 804866 08/05/2026 PRINTED 024609 STAPLES BUSINESS ADVANTAG 2,551.31 804867 08/05/2026 PRINTED 017868 STATION AUTOMATION, INC. 12,148.20 804868 08/05/2026 PRINTED 002204 SOUTHWEST GAS CORPORATION 15,815.99 804869 08/05/2026 PRINTED 022706 RED BARN MEDIA, INC. 133.31 804870 08/05/2026 PRINTED 024981 WITMER PUBLIC SAFETY, INC 7,417.69 804871 08/05/2026 PRINTED 022184 SHEU, FRED 2,400.00 804872 08/05/2026 PRINTED 024053 VERATHON, INC. 635.53 804873 08/05/2026 PRINTED 024947 F.A.P 161.23 480 CHECKS CASH ACCOUNT TOTAL 7,841,525.72 .00 DATE OF WIRE ACCOUNT NAME DESCRIPTION AMOUN T WELLS FARGO BANK CONF # 07/30/26 BALDY MESA WATER DISTRICT SR2006 649,099.51 $ CHIPS:S00279420I0000878R0000876O0000000 Total: 649,099.51 $
Item Number: 4
City Council / Board of Directors
Consent Calendar
Meeting of: September 1, 2026
Submitted By:
Fredy Bonilla, City Engineer
Subject:
Consideration of Resolution No. 26-072, Accepting the Unanimous Approval of the Property Owner and Annexing the Woodspring Suites Hotel Development into Community Facilities District No. 2024-01 (Annexation No. 5) Recommendation:
That the Honorable City Council adopt Resolution No. 26-072 to accept the unanimous approval of the property owner and make the findings necessary to annex Assessor Parcel Number (APN) 3093-141-05-0000 to Community Facilities District No. 2024-01 of the City of Victorville (Municipal Services) and to order the levy of Special Taxes to pay for municipal services and maintenance of certain facilities associated with the Woodspring Suites Hotel Development (Annexation No. 5).
Fiscal Impact:
The adoption of Resolution No. 26-072 will offset the financial impact associated with the operations, maintenance, and improvement of public infrastructure and public safety services required for the Woodspring Suites Hotel Development.
This annexation is occurring after the property tax levy deadline for Fiscal Year (FY) 2026-
27. Accordingly, the development will be levied by the special tax rates established in Resolution No. 26-072 beginning in FY 2027-28. Funds received will be deposited into Fund 380 – CFD Tax A (Public Safety) and Fund 381 – CFD Tax B (Municipal Services).
Pursuant to the Rate and Method of Apportionment (RMA), the current Maximum Special Tax A for Commercial Property is $0.0609 per building square foot. The current Maximum Special Tax B for Tax Zone 6 is $4,600.94 per acre.
Beginning July 1, 2026, and each July 1 thereafter, the Maximum Special Tax A and Maximum Special Tax B shall be adjusted from the prior fiscal year's maximum by the greater of: (i) the percentage change in the Consumer Price Index (CPI) for the calendar 4 8
3 9
year ending in December of the prior fiscal year, or (ii) five percent (5%). The current projected annual collectible revenues associated with Annexation No. 5 are $2,825.76 for Tax A and $14,630.99 for Tax B.
Special Tax A will fund public safety services, including Police, Fire, Code Compliance and related administrative expenses. Special Tax B will fund road maintenance, graffiti abatement, and related administrative expenses.
Strategic Plan Goal:
This item aligns with Goal A Financial Sustainability, Goal B Public Safety, and Goal E invest in Infrastructure in the City of Victorville Strategic Plan 2023-2026. The proposed annual levies will support the expenses for operations, maintenance, and improvement of the public infrastructure and public safety associated with the Woodspring Suites Hotel Development.
Background:
The City's Strategic Plan identifies financial sustainability as a key priority, emphasizing long-term fiscal planning and cost recovery. To address the ongoing municipal service costs generated by new development, the City evaluated funding mechanisms beyond traditional assessment districts, which do not cover certain services such as road maintenance and graffiti abatement.
Beginning in 2021, City staff explored the formation of a Community Facilities District (CFD) under the Mello-Roos Community Facilities Act of 1982 as a means of funding these additional municipal services. In August 2022, the City implemented a condition of approval requiring applicable development projects to mitigate their ongoing service impacts through annexation into a future citywide CFD or by providing a comparable funding mechanism.
Following the required public hearings and proceedings, the City Council established Community Facilities District No. 2024-01 (Municipal Services) on December 17, 2024, through the adoption of Resolution No. 24-102 and Ordinance No. 2453. The Citywide CFD is structured to fund public safety and maintenance services through special taxes levied on new development. The CFD includes a Future Annexation Area encompassing the entire City, allowing eligible development projects to annex into the district upon approval by the property owner(s) at the time of annexation.
Discussion:
On April 9, 2025, the Victorville Planning Commission unanimously approved Planning Case No. PLAN24-00037, which included an entitlement for the development of a 4-story hotel totaling 46,400 square feet on a 3.18-acre parcel located at the northeast corner of Cottonwood Street and Pahute Avenue as shown in the attached Vicinity Map (Attachment B). One of the conditions of approval for the project was to annex into the Citywide CFD or otherwise mitigate the economic impacts of the development. 4 8
3 9
On July 14, 2026, the owner of the Woodspring Suites Hotel Development (TGC VICTORVILLE, LLC), submitted its signed petition to the City, constituting its Unanimous Approval to annex into the Citywide CFD and agreement to the levy of the Special Taxes.
Said petition is Exhibit B to Resolution No. 26-072 (Attachment A).
To ensure a transparent and well-documented annexation process, staff is presenting Resolution No. 26-072 to the City Council for consideration. The resolution identifies the project initiation for the annexation and contains all pertinent information necessary for the City Council to consider and approve the annexation.
To complete Annexation No. 5, staff requests that the City Council consider approval of the attached Resolution No. 26-072 including the proposed annexation boundary (Annexation Map), provided as Exhibit C of said Resolution. Resolution No. 26-072 outlines the following:
Identification of the property owner and legal description of parcels being annexed; Receipt and acceptance of the property owner’s Unanimous Approval (petition); Findings that the public convenience and necessity require the annexation; Adoption of the boundary map (Annexation Map);
Types of services that will be funded through the special taxes; Rate and method of apportionment (RMA);
Creation of a new Tax Zone 6 (See Appendix A of the RMA); and Authorization/direction to staff to record the Annexation Map and an amendment to the Notice of Special Tax Lien.
Should the City Council move forward with adoption of Resolution No. 26-072, staff will record the Annexation Map and the Amendment to the Notice of Special Tax Lien with the County, to complete the annexation.
Staff recommends that the Honorable City Council adopt Resolution No. 26-072 to annex territory to Community Facilities District No. 2024-01 of the City of Victorville (Municipal Services) and to levy the Special Taxes to pay for municipal services and maintenance of certain facilities associated with the Woodspring Suites Hotel Development (Annexation No. 5).
Staff is available for any questions Council may have.
Prepared By:
Nicoale Sylvestre, Management Specialist
Attachments: A. Resolution No. 26-072
B. Vicinity Map
Attachment A
Resolution No. 26-072
RESOLUTION NO. 26-072 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY FOR THE CITY OF VICTORVILLE COMMUNITY FACILITIES DISTRICT (CFD) NO. 2024-01 (MUNICIPAL SERVICES), ACCEPTING THE UNANIMOUS APPROVAL OF TGC VICTORVILLE, LLC TO ANNEX CERTAIN REAL PROPERTY TO CFD NO. 2024-01; DECLARING INTENTION TO ANNEX SAID REAL PROPERTY; DETERMINING THAT THE PROPOSED ANNEXATION AREA BE ADDED TO CFD NO. 2024-01; ADOPTING THE PROPOSED ANNEXATION AREA MAP; AND AUTHORIZING THE TAKING OF OTHER ACTIONS IN CONNECTION THEREWITH (ANNEXATION NO. 5 TAX ZONE 6) WHEREAS, on October 15, 2024, the City Council of the City of Victorville (the City Council) adopted Resolution No. 24-092 (the Resolution of Intention) declaring its intention to establish Community Facilities District No. 2024-01 of the City of Victorville (Municipal Services) (the District" or CFD No. 2024-01") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the California Government Code (the "Act"); and WHEREAS, as set forth in the Resolution of Intention, the District was established for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services as described therein and herein (the "Services"), which are necessary to meet increased demands placed upon the City of Victorville (the "City") as a result of the development of said real property; and WHEREAS, to permit landowners to efficiently annex developing parcels to the District and as set forth in Section 53339.3 of the Act, said Resolution of Intention further proposed to designate the remainder of the property outside of the District, but within the boundaries of the City, as territory proposed for future annexation into the District (the Future Annexation Area) with the condition that a parcel or parcels within such Future Annexation Area could be annexed and subjected to the special taxes of CFD No. 2024-01 only with the unanimous approval of the owner or owners of such parcel or parcels at the time of annexation, each a Unanimous Approval, or in compliance with other procedures established by the Act; and WHEREAS, after a duly noticed public hearing, the City Council adopted Resolution No. 24-102 (the Resolution of Formation) establishing the formation of CFD No. 2024-01,designating the Future Annexation Area, and calling a special election to authorize: (i) the levy ofspecial taxes pursuant to the Rate and Method of Apportionment of the special tax attached tosaid resolution, and (ii) the establishment of an appropriations limit for CFD No. 2024-01; andWHEREAS, under the provisions of said Resolution of Formation, the propositions of the levy of the special taxes and the establishment of the appropriations limit were submitted to the qualified electors of CFD No. 2024-01 as required by the provisions of the Act, and on December 17, 2024, the City Council adopted Resolution No. 24-103 declaring the results of the special election and finding that more than two-thirds of the votes cast at the election were in favor of the propositions and the propositions carried; and WHEREAS, Section 53340(a) of the Act provides that: (i) after a community facilities district has been created and authorized to levy specified special taxes, the legislative body may, by ordinance, levy the special taxes at the rate and apportion them in the manner specified in the resolution of formation for the community facilities district; and (ii) after creation of a community facilities district that includes a future annexation area, the legislative body may, by ordinance, provide for the levy of special taxes on parcels that will be annexed to the community facilities district at the rate or rates to be approved unanimously by the owner or owners of each parcel or parcels to be annexed to the community facilities district and for apportionment and collection of the special taxes in the manner specified in the resolution of formation; and WHEREAS, by adopting Ordinance No. 2453 on January 21, 2025 (the Special Tax Ordinance), the City Council authorized the levy of special taxes within CFD No. 2024-01 in accordance with the Rate and Method and on any parcels in the Future Annexation Area, but only at the time of annexation and only with property owner Unanimous Approval, pursuant to the Act; and
WHEREAS, on December 30, 2024, a notice of special tax lien was recorded with the Office of the County Recorder of the County of San Bernardino, as Document No. 2024-0311312 (the Notice of Special Tax Lien ), thereby giving notice that the lien to secure payment of the special taxes was imposed on the land in CFD No. 2024-01; and WHEREAS, TGC VICTORVILLE, LLC is the owner of the real property described in Exhibit A attached hereto and by this reference made a part hereof (the "Proposed Annexation Area"), which is located within the Future Annexation Area of CFD No. 2024-01; and WHEREAS, the City Council has received a petition from TGC VICTORVILLE, LLC, attached hereto as Exhibit B and by this reference made a part hereof, constituting its Unanimous Approval and vote in favor of annexing the Proposed Annexation Area to CFD No. 2024-01; its agreement to the annual levy of the Special Taxes on the Proposed Annexation Area according to the Rate and Method attached as Exhibit B to said petition; and its approval of the appropriations limit for CFD No. 2024-01; and
WHEREAS, Section 53329.6 of the Act provides that any Unanimous Approval constitutes the vote of the qualified elector in favor of the matters addressed in the Unanimous Approval for purposes of the California Constitution, including, but not limited to, Articles XIII A and XIII C; and WHEREAS, the City Council, acting as the legislative body of CFD No. 2024-01, is authorized by Article 3.5 of the Act to annex territory to the District by complying with the procedures in said Article 3.5 of the Act and as set forth in the Resolution of Formation and the Special Tax Ordinance; and
WHEREAS, the City Council desires to accept the Unanimous Approval of TGC VICTORVILLE, LLC; annex the Proposed Annexation Area (Annexation No. -Tax ZONE 6) to CFD No. 2024-01; and direct the taking of certain other actions in connection therewith.
NOW, THEREFORE, THE CITY COUNCI L OF THE CITY OF VICTORVILLE DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1 Recitals. The above Recital s are true and correct and are incorporated and made a part of Resolution by this reference, including an y definitions contained therein.
SECTION 2. Intention; Annexation; Findings. Having received the Unanimous Approval petition of TGC VICTORVILLE, LLC to annex the Proposed Annexation Area to CFD No. 2024- 01, the City Council hereby declares its intention to proceed with such annexation under the Act and accepts the Unanimous Approval of TGC VICTORVILLE, LLC attached hereto as Exhibit B. The City Council determines that the public convenience and necessity require that such Proposed Annexation Area be annexed to the District and finds and determines that the Proposed Annexation Area is hereby added to and made a part of CFD No. 2024-01 with full legal effect. SECTION 3. Name of the Community Facilities District. The name of the existing District is Community Facilities District No. 2024-01 of the City of Victorville (Municipal Services), County of San Bernardino, State of California. SECTION 4. Description of Territory Proposed To Be Annexed; Annexation Map. The boundary of the territory which is included in the existing District is described on the map of CFD No. 2024-01 recorded on October 31, 2024 in Book 92 of Maps of Assessment and Community Facilities Districts, page 12, as Document No. 2024-0260281 of the official records of the County of San Bernardino. The Proposed Annexation Area is included within the boundaries within which property may annex to CFD No. 2024-01, which is more particularly described and shown on that certain map entitled "Boundaries - Future Annexation Area, Community Facilities District No. 2024-01 (Municipal Services), City of Victorville, County of San Bernardino, State of California," recorded on October 31, 2024 in Book 92 of Maps of Assessment and Community Facilities Districts, pages 11, as Instrument No. 2024-0260280 of the official records of the County of San Bernardino. The Proposed Annexation Area to CFD No. 2024-01 is legally described in Exhibit A attached hereto and by this reference made a part hereof, and is also shown and described on the map thereof entitled "Proposed Boundaries Annexation Map NO. 5, Community Facilities District No. 2024-01 (Municipal Services), Tax ZONE 6, City of Victorville, County of San Bernardino, State of California" (the "Annexation Map") attached hereto as Exhibit C and by this reference made a part hereof. SECTION 5. Types of Services; Plan for Providing Services. The Services to be provided and financed by the District consist of services permitted under the Act and described in Exhibit A to the Resolution of Formation, including, without limitation: operations, maintenance of lighting of parks, parkways, sidewalks, signage, landscaping in public areas, easements or right of way and open space; flood and storm protection services; the operation of storm drainage systems; maintenance of streets and roadways, traffic signals and street lighting; graffiti and debris removal from public improvements; public safety services including police, fire protection, fire suppression and code enforcement; operation of library and recreation programs; operation of future museums and cultural facilities; and maintenance and operation of any real property or other tangible property with an estimated useful life of five or more years that is owned by the City. In addition to payment of the cost and expense of the forgoing Services, proceeds of the special taxes may be expended to pay Administrative Expenses and to establish an operating reserve for the costs of Services as determined by the District Administrator. CFD No. 2024-01 shall also finance costs associated with the determination of the amount of and the levy and collection of special taxes which are levied to provide such services and costs otherwise incurred in order to carry out its authorized purposes. The Services described above shall be provided, as needed, throughout CFD No. 2024-01 and the Proposed Annexation Area for the benefit of all owners of property and residents of CFD No. 2024-01 and the Proposed Annexation Area, and any other territory annexed thereto. All owners of taxable parcels of property within CFD No. 2024-01 and the Proposed Annexation Area shall pay special taxes to finance the annual cost of providing such services in accordance with the Rate and Method of Apportionment attached hereto as Exhibit D and by this reference made a part hereof.
SECTION 6. Special Taxes. Except where funds are otherwise available, special taxes sufficient to pay the costs of the Services described in Section 5 above and the annual administrative expenses of the District in determining, apportioning, levying and collecting such special taxes, shall be annually levied within the Proposed Annexation Area. Pursuant to Section 53340 of the Act, the special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes. However, under no circumstances shall the special tax levied against any parcel subject to the levy of the special taxes be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within the District by more than ten percent (10%). The rates and method of apportionment of said special taxes shall be as set forth in Exhibit D. SECTION 7. Adoption of Annexation Map. Pursuant to Section 3110.5 of the California Streets and Highways Code, the City Council adopts the Annexation Map as the map of the Proposed Annexation Area to CFD No. 2024-01 (Annexation No. 5). Pursuant to Section 3111 of said Code, the Clerk of the City (the "City Clerk") shall file the original of the Annexation Map in her office and shall file a copy of the Annexation Map with the County Recorder of the County of San Bernardino no later than 15 days following the adoption of this Resolution. SECTION 8. Amendment to Notice of Special Tax Lien. The City Clerk or his/her is designee is hereby directed to record an amendment to the Notice of Special Tax Lien with the County Recorder of the County of San Bernardino in accordance with the provisions of Section 3117.5 of the California Streets and Highways Code within fifteen (15) days of the adoption of this Resolution. SECTION 9. This Resolution shall be effective upon its adoption. SECTION 10. 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.
Exhibit A
Assessors Parcel No(s):
3093-141-05-0000
PROPOSED ANNEXATION AREA
ANNEXATION NO. 5
Exhibit B TGC VICTORVILLE, LLC Petition/Unanimous Consent
CITY CL.ERK Nonce OF FIUNG:
FILED IN THE OFFICE OF THE OTY CLERK :)F
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DAY Of _____ 20_.
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SAN BERNARDINO COUNTY
STATE OF CALIFORNIA
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EXHIBIT C
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RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2024-01 (MUNICIPAL SERVICES)
OF THE CITY OF VICTORVILLE
The following sets forth the Rate and Method of Apportionment for the levy and collection of Special Tax A and Special Tax B of Community Facilities District No. 2024-01 (Municipal Services) of the City of Victorville (“CFD No. 2024-01”). A Special Tax A and Special Tax B shall be levied on and collected in CFD No. 2024-01 each Fiscal Year, in an amount determined through the application of the Rate and Method of Apportionment described below. All real property within CFD No. 2024-01, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided.
A. DEFINITIONS
“Accessory Dwelling Unit” or “ADU” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence pursuant to California Government Code Section 65852 et seq. “Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be calculated by the Administrator.
“Act” means the Mello-Roos Community Facilities Act of 1982 as amended, being Chapter 2.5 of Part 1, Division 2 of Title 5 of the Government Code of the State of California. “Administrative Expenses” means the actual or reasonably estimated costs directly related to the formation, annexation, and administration of CFD No. 2024-01 including, but not limited to: the costs of computing Special Tax A and Special Tax B and preparing the annual collection schedules (whether by the City or designee thereof or both) for Special Tax A and Special Tax B; the costs to the City, CFD No. 2024-01, or any designee thereof associated with fulfilling the CFD No. 2024-01 disclosure requirements; the costs associated with responding to public inquiries regarding Special Tax A and Special Tax B; the costs of the City, CFD No. 2024-01 or any designee thereof related to an appeal of Special Tax A or Special Tax B; and the City's annual administration fees including payment of a proportional share of salaries and benefits of any City employees and City overhead whose duties are related to the administration and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2024-01 for any other administrative purposes of CFD No. 2024-01, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. “Administrator” means the City Manager of the City of Victorville, or his or her designee. “Annual Special Tax A” means for each Assessor’s Parcel, the Special Tax A actually levied in a given Fiscal Year.
“Annual Special Tax B” means for each Assessor’s Parcel, the Special Tax B actually levied in a given Fiscal Year.
“Approved Property” means all Assessor’s Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to the January 1st of preceding the Fiscal Year in which Special Tax A or Exhibit D
Special Tax B is being levied, and (ii) that have not been issued a Building Permit on or before June 1st preceding the Fiscal Year in which the Special Taxes are to be levied. “Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number by the County Assessor of the County of San Bernardino. “Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means that identification number assigned to a parcel by the County Assessor of the County.
“Boundary Map” means a recorded map of the CFD No. 2024-01 which indicates the boundaries of CFD No. 2024-01.
“Building Permit” means the first legal document issued by the City giving official permission for new construction. For purposes of this definition, “Building Permit” may or may not include any subsequent building permits issued or changed after the first issuance, as determined by the Administrator.
“Building Square Footage” or “BSF” means the floor area square footage reflected on the original construction Building Permit issued for construction of a building of Non-Residential Property and any Building Square Footage subsequently added to a building of such Taxable Property after issuance of a Building Permit for expansion or renovation of such building. “Calendar Year” means the period commencing January 1 of any year and ending the following December 31.
“CFD” or “CFD No. 2024-01” means the City of Victorville Community Facilities District No. 2024-01 (Municipal Services).
“City” means the City of Victorville, California.
“City Council” means the City Council of the City, acting as the legislative body of CFD No. 2024-01, or its designee.
“Commercial Property” means all Assessor’s Parcels of Non-Residential Property for which a Building Permit(s) has been issued by the City which is primarily used for, but not limited to: retail commercial, service commercial, and office commercial activities, as well as large-scale planned shopping districts serving the local and regional area and population, “big box” retailers, motels/hotels, and public assembly uses, or for any other uses that are consistent with commercial land use designation as determined by the City or Administrator.
“Consumer Price Index” or “CPI” means the index published monthly by the U.S. Department of Labor, Bureau of Labor Statistics for all urban consumers in the Riverside-San Bernardino-Ontario area. In the event this index ceases to be published, the Consumer Price Index shall be another index as determined by the Administrator that is reasonably comparable to the Consumer Price Index for the Riverside-San Bernardino-Ontario area.
“County” means the County of San Bernardino, California.
“Developed Property” means all Assessor’s Parcels of Taxable Property that: (i) are included in a Final Map that was recorded prior to January 1st preceding the Fiscal Year in which the Special Taxes are to be levied, and (ii) for which a Building Permit for new construction has been issued on or prior to June 1st preceding the Fiscal Year in which Special Tax A or Special Tax B is being levied. “Exempt Property” means all Assessors’ Parcels designated as being exempt from Special Tax A or Special Tax B as provided for in Section K.
“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 4285 that creates individual lots that do not need, and are not expected, to be further subdivided prior to the issue of a Building Permit.
“Fiscal Year” means the period from and including July 1 st of any year to and including the following June 30th.
“Heavy Industrial Property” means an Assessor’s Parcel of Non-Residential Property for which a Building Permit(s) has been issued for intense industrial activities, such as manufacturing, materials processing, and any related industrial activities that generate significant impacts such as excessive noise, dust, and other nuisances or for any other uses that are consistent with heavy industrial use designation as determined by the City or Administrator. “Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an Assessor’s Parcel is assigned consistent with the land use approvals that have been received or proposed for the Assessor’s Parcel as of June 1 st preceding the Fiscal Year in which Special Tax A or Special Tax B is being levied.
“Light Industrial Property” means an Assessor’s Parcel of Non-Residential Property for which a Building Permit(s) has been issued for industrial, service-commercial, and related uses including warehousing/distribution, research and development, assembly and light manufacturing, repair facilities, and supporting retail uses either located in industrial and/or business parks or in mixed industrial/business park use areas or for any other uses that are consistent with light industrial use designation as determined by the City or Administrator. The main feature of industrial activities in this category is that they do not require any significant site or structure requirements that are so specialized that would limit future use of the structures and/or site by another industrial activity. “Maintenance Services” means the services permitted under the Act and the formation proceedings with respect to CFD No. 2024-01 including, but not limited to, maintenance of parks, parkways, park lighting, sidewalks, signage, landscaping in public areas, easements or right of way and open space, flood and storm protection services, the operation of storm drainage systems, maintenance of streets and roadways, traffic signals and street lighting, graffiti and debris removal from public improvements contained within the boundaries of CFD No. 2024-01 and the City. “Maximum Special Tax A” means for each Assessor’s Parcel of Taxable Property, the maximum Special Tax A, determined in accordance with Section C that can be levied in any given Fiscal Year on such Assessor’s Parcel.
“Maximum Special Tax B” means for each Assessor’s Parcel of Taxable Property, the maximum amount of Special Tax B, determined in accordance with Section F that can be levied in any given Fiscal Year on such Assessor’s Parcel.
“Multifamily Residential Property” means any Assessor’s Parcel of Residential Property that consists of a building or buildings comprised of attached Residential Units available for rental, but not for purchase, by the general public and under common management. “Mixed-Use 1 Property” means all Assessor’s Parcels of Residential or Non-Residential Property for which a Building Permit(s) has been issued by the City which is primarily used for, but not limited to:
mixed use, stand-alone commercial, and stand-alone residential with a density of 1 to 15 dwelling units per acre for residential and a FAR of 0.5 for non-residential, or for any other uses that are consistent with a Mixed-Use 1 land use designation as determined by the City or Administrator. “Mixed-Use 2 Property” means all Assessor’s Parcels of Residential or Non-Residential Property for which a Building Permit(s) has been issued by the City which is primarily used for, but not limited to:
mixed use, stand-alone commercial, and stand-alone residential with a density of 15.1 to 30 dwelling units per acre for residential and a FAR of 1.0 for non-residential, or for any other uses that are consistent with a Mixed-Use 2 land use designation as determined by the City or Administrator. “Non-Residential Property” means all Assessor's Parcels of Taxable Property for which a Building Permit(s) was issued for a non-residential use. The Administrator shall make the determination if an Assessor’s Parcel is Non-Residential Property.
“Other Non-Residential Property” means an Assessor’s Parcel of Non-Residential Property that is not classified as Commercial Property, Mixed-Use 1 Property, Mixed-Use 2 Property, Public Institution Property, Light Industrial Property or Heavy Industrial Property. “Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the actual Special Tax A or Special Tax B levy to the Maximum Special Tax A or Maximum Special Tax B is the same for all Parcels of Developed Property, (ii) Approved Property, that the ratio of the actual Special Tax A or Special Tax B levy to the Maximum Special Tax A or Maximum Special Tax B is the same for all Parcels of Approved Property, and (iii) Undeveloped Property that the ratio of the actual Special Tax Levy A or Special Tax Levy B per acre to the Maximum Special Tax A or Maximum Special Tax B per acre is the same for all Parcels of Undeveloped Property. “Public Institution Property” means all Assessor’s Parcels of Residential or Non-Residential Property for which a Building Permit(s) has been issued by the City which is primarily used for, but not limited to: land uses and activities that are predominately used for public purposes or owned or operated by a public entity. Activities within this category include City and County buildings, public and private schools, colleges, and public utilities and city yards, or for any other uses that are consistent with a Public Institution Property land use designation as determined by the City or Administrator. “Public Safety Services" means the services permitted under the Act including, without limitation, police and fire protection, ambulance and paramedic services, and code enforcement provided within the boundaries of CFD No. 2024-01 and the City.
“Residential Property” means all Assessor’s Parcels of Taxable Property upon which completed Residential Units have been constructed or for which Building Permits have been or may be issued for purposes of constructing one or more Residential Units. “Residential Unit” or "R/U" means a residential unit that is used or intended to be used as a domicile by one or more persons, excluding Accessory Dwelling Units, as determined by the Administrator.
“Single Family Residential Property” means any residential property that consists of a building comprised of attached or detached residential units available for purchase or rent by the general public.
"Special Tax(es)" means, individually and collectively, Special Tax A and Special Tax B authorized to be levied within CFD No. 2024-01 pursuant to the Act to fund the Special Tax A Requirement and the Special Tax B Requirement.
“Special Tax A” means the special tax authorized to be levied on Taxable Property within CFD No. 2024-01 pursuant to the Act to fund the Special Tax A Requirement. “Special Tax B” means the special tax authorized to be levied on Taxable Property within CFD No. 2024-01 pursuant to the Act to fund the Special Tax B Requirement. "Special Tax A Requirement" means the amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs of CFD No. 2024-01 for Public Safety Services in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the (i) direct costs for Public Safety Services, (ii) amount necessary to fund an operating reserve for the costs of Public Safety Services as determined by the Administrator, and (iii) Administrative Expenses (apportioned between Special Tax A, and Special Tax B), less (iv) a credit in an amount equal to the Operating Fund Balance for Public Safety Services. Under no circumstances shall the Special Tax A Requirement include funds for Bonds.
"Special Tax B Requirement" means the amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs of CFD No. 2024-01 for Maintenance Services in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the (i) direct costs for Maintenance Services, (ii) amount necessary to fund an operating reserve for the costs of Maintenance Services as determined by the Administrator, and (iii) Administrative Expenses (apportioned between Special Tax A, and Special Tax B), less (iv) a credit in an amount equal to the Operating Fund Balance for Maintenance Services. Under no circumstances shall the Special Tax B Requirement include funds for Bonds.
"Taxable Property" means all Assessor’s Parcels within CFD No. 2024-01, which are not Exempt Property.
“Taxable Unit” means a Residential Unit, Building Square Footage, or an Acre. "Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax B rates may be levied pursuant to this Rate and Method of Apportionment of Special Tax B. Appendix A identifies the Tax Zone in CFD No. 2024-01 at formation; additional Tax Zones may be created when property is annexed into the CFD.
"Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1. “Tax Zone 2” means the specific geographic area identified on the CFD Boundary Map as Tax Zone 2. “Tax Zone 4” means the specific geographic area identified on the CFD Boundary Map as Tax Zone 4. “Tax Zone 6” means the specific geographic area identified on the CFD Boundary Map as Tax Zone 6. "Tract(s)" means an area of land within a subdivision identified by a particular tract number on a Final Map approved for the subdivision.
“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property or Approved Property.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, beginning with Fiscal Year 2025-26, each Assessor’s Parcel within CFD No. 2024-01 shall be classified as Taxable Property or Exempt Property. In addition, each Assessor’s Parcel of Taxable Property shall be further classified as Developed Property, Approved Property, or Undeveloped Property. In addition, each Assessor’s Parcel of Developed Property shall further be classified as Single Family Residential Property, Multifamily Residential Property, Commercial Property, Mixed-Use 1 Property, Mixed-Use 2 Property, Public Institution Property, Light Industrial Property, Heavy Industrial Property or Other Non-Residential Property.
C. MAXIMUM SPECIAL TAX A
a. Developed Property
(i) Maximum Special Tax A
The Maximum Special Tax A for each Assessor’s Parcel of Developed Property for each Land Use Type is shown in Table 1 below:
TABLE 1
MAXIMUM SPECIAL TAX A RATES
DEVELOPED PROPERTY
Land Use Category Rate
Single Family Residential Property $525.35 per Taxable Unit Multifamily Residential Property $394.00 per Taxable Unit Commercial Property $0.058 per BSF
Mixed-Use 1 Property $0.049 per BSF
Mixed-Use 2 Property $0.040 per BSF
Public Institution Property $0.012 per BSF
Light Industrial Property $0.029 per BSF
Heavy Industrial Property $0.012 per BSF
Other Non-Residential Property $0.042 per BSF
(ii) On each July 1, commencing July 1, 2026, the Maximum Special Tax A for Developed Property for the prior Fiscal Year shall be adjusted by the greater of (i) an amount equal to the percentage change in the Consumer Price Index for the Calendar Year ending in December of the prior Fiscal Year or (ii) five percent (5%). b. Multiple Land Use Categories
In some instances, an Assessor’s Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax that can be levied on an Assessor’s Parcel shall be the sum of the Maximum Special Taxes that can be levied for each Land Use Types located on that Assessor’s Parcel. c. Approved Property
No Special Tax A shall be levied on Approved Property.
d. Undeveloped Property
No Special Tax A shall be levied on Undeveloped Property.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX A
Commencing with Fiscal Year 2025-26 and for each following Fiscal Year, the City shall levy Special Tax A at up to 100% of the applicable Maximum Special Tax A, Proportionately on each Assessor’s Parcel of Developed Property until the amount of Special Tax A equals the Special Tax A Requirement.
E. PREPAYMENT OF SPECIAL TAX A
Special Tax A cannot be prepaid.
F. MAXIMUM SPECIAL TAX B
For purposes of determining the applicable Maximum Special Tax B for Assessor’s Parcels of Developed Property and Approved Property which are classified as Residential Property, all such Assessor’s Parcels shall be assigned the number of Residential Unit(s) constructed or to be constructed thereon as specified in or shown on the Building Permit(s) issued or Final Map as determined by the Administrator. For Parcels of Undeveloped Property zoned for development of single family attached or multifamily units, the number of Residential Units shall be determined by referencing the condominium plan, apartment plan, site plan or other development plan, or by assigning the maximum allowable units permitted based on the underlying zoning for the Parcel. Once a single family attached or multifamily building or buildings have been built on an Assessor's Parcel, the Administrator shall determine the actual number of Residential Units contained within the building or buildings, and the Special Tax B levied against the Parcel in the next Fiscal Year shall be calculated by multiplying the actual number of Residential Units by the Maximum Special Tax B per Residential Unit identified for the Tract in Table 2 below or as included in Appendix A as each Annexation occurs.
For purposes of determining the applicable Maximum Special Tax B for Assessor’s Parcels of Developed Property and Approved Property which are classified as Non-Residential Property, all such Assessor’s Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map as determined by the Administrator. Once the Administrator determines the actual number of Building Square Footage or Acres for the Assessor’s Parcel, the Special Tax B levied against the Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building Square Footage or Acres by the Maximum Special Tax B per Taxable Unit identified for the Tax Zone in Table 2 below or as included in Appendix A as each Annexation occurs. a. Developed Property
(i) Maximum Special Tax B
The Maximum Special Tax B for each Assessor’s Parcel of Developed Property is shown in Table 2 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2024-01, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B for the Tax Zones annexed and included in Appendix A.
The Maximum Special Tax for Fiscal Year 2025-2026 within Tax Zone 1 is identified in Table 2 below:
TABLE 2
MAXIMUM SPECIAL TAX B RATES
DEVELOPED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax B
1 14525 Single Family Residential Property R/U $165.47
1 14525 Multifamily Residential Property R/U $165.47
1 14525 Non-Residential Property Acre $1,311.46
(ii) Increase in the Maximum Special Tax
On each July 1, commencing on July 1, 2026, the Maximum Special Tax B for Developed Property for the prior Fiscal Year shall be adjusted by the greater of (i) an amount equal to the percentage change in the Consumer Price Index for the Calendar Year ending in December for the prior Fiscal Year or (ii) five percent (5%).
(iii) Multiple Land Use Categories
In some instances, an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax B that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax B that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final.
b. Approved Property
The Maximum Special Tax B for each Assessor’s Parcel of Approved Property shown in Table 3 shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2024-01, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax B for Fiscal Year 2025-2026 within the Tax Zone is identified in Table 3 below:
TABLE 3
MAXIMUM SPECIAL B TAX RATES
APPROVED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax B
1 14525 Single Family Residential Property R/U $165.47
1 14525 Multifamily Residential Property R/U $165.47
1 14525 Non-Residential Property Acre $1,311.46
(i) On each July 1, commencing on July 1, 2026 the Maximum Special Tax B for Approved Property for the prior Fiscal Year shall be adjusted by the greater of (i) an amount equal to the percentage change in the Consumer Price Index for the Calendar Year ending in December for the prior Fiscal Year or (ii) five percent (5%). c. Undeveloped Property
The Maximum Special Tax B for each Assessor’s Parcel of Undeveloped Property shown in Table 4 shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2024-01, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax B for Fiscal Year 2025-2026 within the Tax Zone is identified in Table 4 below:
TABLE 4
MAXIMUM SPECIAL TAX B RATES
UNDEVELOPED PROPERTY
Tax Zone Tracts Taxable Unit Maximum Special Tax B
1 14525 Acre $1,311.46
(i) On each July 1, commencing on July 1, 2026 the Maximum Special Tax B for Undeveloped Property for the prior Fiscal Year shall be adjusted by the greater of (i) an amount equal to the percentage change in the Consumer Price Index for the Calendar Year ending in December for the prior Fiscal Year or (ii) five percent (5%).
G. METHOD OF APPORTIONMENT OF SPECIAL TAX B
Commencing with Fiscal Year 2025-26 and for each following Fiscal Year, the City Council shall determine the Special Tax B Requirement and shall levy the Special Tax B on all Assessor’s Parcels of Taxable Property until the aggregate amount of Special Tax B equals the Special Tax B Requirement.
The Special Tax B shall be levied for each Fiscal Year as follows:
First: The Special Tax B shall be levied Proportionately on all Assessor’s Parcels of Developed Property up to 100% of the applicable Maximum Special Tax B to satisfy the Special Tax B Requirement;
Second: If additional moneys are needed to satisfy the Special Tax B Requirement after the first step has been completed, the Special Tax B shall be levied Proportionately on each Parcel of Approved Property at up to 100% of the Maximum Special Tax B for Approved Property; Third: If additional monies are needed to satisfy the Special Tax B Requirement after the first two steps has been completed, the Special Tax B shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property up to 100% of the Maximum Special Tax B for Undeveloped Property.
H. PREPAYMENT OF SPECIAL TAX B
Special Tax B cannot be prepaid.
I. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to CFD No. 2024-01 from time to time. As each annexation is proposed, an analysis will be prepared to determine the annual cost for providing Maintenance Services. Based on this analysis, the property to be annexed, pursuant to California Government Code section 53339 et seq. will be assigned to the appropriate Maximum Special Tax rate(s) for the Tax Zone when annexed and included in Appendix A.
J. TERMINATION OF SPECIAL TAX A AND SPECIAL TAX B
Special Tax A shall be levied as long as needed to meet the Special Tax A Requirement as determined at the sole discretion of the City Council. Special Tax B shall be levied as long as needed to meet the Special Tax B Requirement as determined at the sole discretion of the City Council.
K. EXEMPTIONS
The City shall classify as Exempt Property within CFD No. 2024-01, any Assessor’s Parcel in any of the following categories; (i) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity; (ii) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement; (iii) Assessor’s Parcels which are privately owned but are encumbered by or restricted solely for public uses; or (iv) any Assessor’s Parcel which is in use in the performance of a public function as determined by the Administrator.
L. APPEALS
Any property owner claiming that the amount or application of the Special Tax A or the Special Tax B are not correct may file a written notice of appeal with the City not later than twelve months after having paid the first installment of the Special Tax A or Special Tax B that is disputed. A representative(s) of CFD No. 2024-01 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax A or the Special Tax B, and rule on the appeal. If the representative’s decision requires that the Special Tax A or Special Tax B for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax A or Special Tax B on that Assessor’s Parcel in subsequent Fiscal Year(s).
M. MANNER OF COLLECTION
The Special Tax A or Special Tax B shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2024-01 may collect the Special Tax A or Special Tax B at a different time or in a different manner if necessary to meet its financial obligations.
APPENDIX A
CITY OF VICTORVILLE
COMMUNITY FACILITIES DISTRICT NO. 2024-01 (MUNICIPAL SERVICES)
MAXIMUM SPECIAL TAX B ASSIGNED TO EACH TAX ZONE OF DEVELOPED PROPERTY Tax
Zone
Year
Included Tract
Land Use
Category
Taxable
Unit
Maximum
Special
Tax
1 2025 14525 Single Family Residential R/U $165.47
1 2025 14525 Multifamily Residential Property R/U $165.47 1 2025 14525 Non-Residential Property Acre $1,311.46
2 2025 N/A Non-Residential Property Acre $1,199.51
4 2026 N/A Non-Residential Property Acre $2,236.25
6 2026 N/A Non-Residential Property Acre $4,600.94
MAXIMUM SPECIAL TAX B ASSIGNED TO EACH TAX ZONE OF APPROVED PROPERTY Tax
Zone
Year
Included Tract
Land Use
Category
Taxable
Unit
Maximum
Special
Tax
1 2025 14525 Single Family Residential R/U $165.47
1 2025 14525 Multifamily Residential Property R/U $165.47 1 2025 14525 Non-Residential Property Acre $1,311.46
2 2025 N/A Non-Residential Property Acre $1,199.51
4 2026 N/A Non-Residential Property Acre $2,236.25
6 2026 N/A Non-Residential Property Acre $4,600.94
MAXIMUM SPECIAL TAX B ASSIGNED TO EACH TAX ZONE OF UNDEVELOPED PROPERTY Tax
Zone
Year
Included Tract
Taxable
Unit
Maximum
Special
Tax
1 2025 14525 Acre $1,311.46
2 2025 N/A Acre $1,199.51
4 2026 N/A Acre $2,236.25
6 2026 N/A Acre $4,600.94
ESCALATION OF MAXIMUM SPECIAL TAX B
On each July 1, commencing on July 1, 2026, the Maximum Special Tax B for Developed, Approved and Undeveloped Property for the prior Fiscal Year shall be adjusted by the greater of (i) an amount equal to the percentage change in the Consumer Price Index for the Calendar Year ending in December for the prior Fiscal Year or (ii) five percent (5%).
Attachment B
V
icinity Map
Item Number: 5
City Council / Board of Directors
Consent Calendar
Meeting of: September 1, 2026
Submitted By:
Fredy Bonilla, City Engineer
Subject:
Consideration of Resolution No. 26-071, Accepting the Unanimous Approval of the Property Owner and Annexing the Palmdale Cantina Development into Community Facilities District No. 2024-01 (Annexation No. 2)
Recommendation:
That the Honorable City Council adopt Resolution No. 26-071 to accept the unanimous approval of the property owner and make the findings necessary to annex Assessor Parcel Number (APN) 3103-561-47-0000 to Community Facilities District No. 2024-01 of the City of Victorville (Municipal Services) and to order the levy of Special Taxes to pay for municipal services and maintenance of certain facilities associated with the Palmdale Cantina Development (Annexation No. 2).
Fiscal Impact:
The adoption of Resolution No. 26-071 will offset the financial impact associated with the operations, maintenance, and improvement of public infrastructure and public safety services required for the Palmdale Cantina Development.
This annexation is occurring after the property tax levy deadline for Fiscal Year (FY) 2026-
27. Accordingly, the development will be levied by the special tax rates established in Resolution No. 26-071 beginning in FY 2027-28. Funds received will be deposited into Fund 380 – CFD Tax A (Public Safety) and Fund 381 – CFD Tax B (Municipal Services).
Pursuant to the Rate and Method of Apportionment (RMA), the current Maximum Special Tax A for Commercial Property is $0.0609 per building square foot. The current Maximum Special Tax B for Tax Zone 3 is $1,660.98 per acre.
Beginning July 1, 2026, and on each July 1 thereafter, the Maximum Special Tax A and Maximum Special Tax B shall be adjusted from the prior fiscal year's maximum by the greater of: (i) the percentage change in the Consumer Price Index (CPI) for the calendar 4 8
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year ending in December of the prior fiscal year, or (ii) five percent (5%). The current projected annual collectible revenues associated with Annexation No. 2 are $276.36 for Tax A and $3,305.35 for Tax B.
Special Tax A will fund public safety services, including Police, Fire, Code Compliance and related administrative expenses. Special Tax B will fund road maintenance, graffiti abatement, and related administrative expenses.
Strategic Plan Goal:
This item aligns with Goal A Financial Sustainability, Goal B Public Safety, and Goal E Invest in Infrastructure in the City of Victorville Strategic Plan 2023-2026. The proposed annual levies will support the expenses for operations, maintenance, and improvement of the public infrastructure and public safety associated with the Palmdale Cantina Development.
Background:
The City's Strategic Plan identifies financial sustainability as a key priority, emphasizing long-term fiscal planning and cost recovery. To address the ongoing municipal service costs generated by new development, the City evaluated funding mechanisms beyond traditional assessment districts, which do not cover certain services such as road maintenance and graffiti abatement.
Beginning in 2021, City staff explored the formation of a Community Facilities District (CFD) under the Mello-Roos Community Facilities Act of 1982 as a means of funding these additional municipal services. In August 2022, the City implemented a condition of approval requiring applicable development projects to mitigate their ongoing service impacts through annexation into a future citywide CFD or by providing a comparable funding mechanism.
Following the required public hearings and proceedings, the City Council established Community Facilities District No. 2024-01 (Municipal Services) on December 17, 2024, through the adoption of Resolution No. 24-102 and Ordinance No. 2453. The Citywide CFD is structured to fund public safety and maintenance services through special taxes levied on new development. The CFD includes a Future Annexation Area encompassing the entire City, allowing eligible development projects to annex into the district upon approval by the property owner(s) at the time of annexation.
Discussion:
On September 14, 2023, the Victorville Planning Commission unanimously approved Planning Case No. PLAN22-00017. The approval included an entitlement for the development of an express service car wash totaling 3,588 square feet and a 950-square- foot restaurant on a 1.99-acre parcel located at the northeast corner of Palmdale Road and Cantina Street, as shown on the attached Vicinity Map (Attachment B). One of the conditions of approval for the project was to annex into the Citywide CFD or otherwise mitigate the economic impacts of the development.
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On July 15, 2026, the owner of the Palmdale Cantina Development (PALMDALE VICTORVILLE, LLC), submitted its signed petition to the City, constituting its Unanimous Approval to annex into the Citywide CFD and agreement to the levy of the Special Taxes.
Said petition is Exhibit B to Resolution No. 26-071 (Attachment A).
To ensure a transparent and well-documented annexation process, staff is presenting Resolution No. 26-071 to the City Council for consideration. The resolution identifies the project initiation for the annexation and contains all pertinent information necessary for the City Council to consider the annexation.
To complete Annexation No. 2, staff requests that the City Council consider approval of Resolution No. 26-071 including the proposed annexation boundary (Annexation Map), provided as Exhibit C of said Resolution. Resolution No. 26-071 outlines the following:
Identification of the property owner and legal description of parcels being annexed; Receipt and acceptance of the property owner’s Unanimous Approval (petition); Findings that the public convenience and necessity require the annexation; Adoption of the boundary map (Annexation Map);
Types of services that will be funded through the special taxes; Rate and method of apportionment (RMA);
Creation of a new Tax Zone 3 (See Appendix A of the RMA); and Authorization/direction to staff to record the Annexation Map and an amendment to the Notice of Special Tax Lien.
Should the City Council move forward with adoption of Resolution No. 26-071, staff will record the Annexation Map and the Amendment to the Notice of Special Tax Lien with the County to complete the annexation.
Staff recommends that the Honorable City Council adopt Resolution No. 26-071 to annex territory to Community Facilities District No. 2024-01 of the City of Victorville (Municipal Services) and to levy the Special Taxes to pay for municipal services and maintenance of certain facilities associated with the Palmdale Cantina Development (Annexation No. 2).
Staff is available for any questions Council may have.
Prepared By:
Nicoale Sylvestre, Management Specialist
Attachments: A. Resolution No. 26-071
B. Vicinity Map
Attachment A
Resolution No. 26-071
RESOLUTION NO. 26-071
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE,
CALIFORNI
A, ACTING AS THE LEGISLATIVE BODY FOR THE CITY OF
VICTORVILLE COMMUNITY FACILITIES DISTRICT (CFD) NO. 2024-01 (MUNICIPAL SERVICES), ACCEPTING THE UNANIMOUS APPROVAL OF
PALMDALE VICTORVILLE, LLC TO ANNEX CERTAIN REAL PROPERTY TO CFD NO. 2024-01; DECLARING INTENTION TO ANNEX SAID REAL PROPERTY; DETERMINING THAT THE PROPOSED ANNEXATION AREA BE ADDED TO CFD NO. 2024-01; ADOPTING THE PROPOSED
ANNEXATION AREA MAP; AND AUTHORIZING THE TAKING OF OTHER ACTIONS IN CONNECTION THEREWITH (ANNEXATION NO. 2 – TAX ZONE 3)
WHEREAS, on October 15, 2024, the City Council of the
City of Victorville (the “ City
Council”) adopted Resolution No. 24-092 (the “Resolution of Intention”) declaring its intention to establish Community Facilities District No. 2024-01 of the City of Victorville (Municipal Services) (the “District" or “CFD No. 2024-01 ") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the California Government Code (the "Act"); and
WHEREAS, as set forth in the Resolution of Intention, the District was established for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services as described therein and herein (the "Services "), which are necessary to meet increased demands placed upon the City of Victorville (the "City") as a result of the development of said real property; and
WHEREAS,
to permit landowners to efficiently annex developing parcels to the District and as set forth in Section 53339.3 of the Act, said Resolution of Intention further proposed to designate the remainder of the property outside of the District, but within the boundaries of the City, as territory proposed for future annexation into the District (the “Future Annexation Area”) with the condition that a parcel or parcels within such Future Annexation Area could be annexed and subjected to the special taxes of CFD No. 2024-01 only with the unanimous approval of the owner or owners of such parcel or parcels at the time of annexation, each a “ Unanimous Approval”, or in compliance with other procedures established by the Act; and WHEREAS, after a duly noticed public hearing, the City Council adopted Resolution No. 24-102 (the “ Resolution of Formation ”) establishing the formation of CFD No. 2024-01, designating the Future Annexation Area, and calling a special election to authorize: (i) the levy of special taxes pursuant to the Rate and Method of Apportionment of the special tax attached to said resolution, and (ii) the establishment of an appropriations limit for CFD No. 2024-01; and
WHEREAS,
under the provisions of said Resolution of Formation, the propositions of the levy of the special taxes and the establishment of the appropriations limit were submitted to the qualified electors of CFD No. 2024-01 as required by the provisions of the Act, and on December 17, 2024, the City Council adopted Resolution No. 24-103 declaring the results of the special election and finding that more than two-thirds of the votes cast at the election were in favor of the propositions and the propositions carried; and
WHEREAS, Section 53340(a) of the Act provides that: (i) after a c ommunity facilities district has been created and authorized to levy specified special taxes, the legislative body may, by ordinance, levy the special taxes at the rate and apportion them in the manner specified in the resolution of formation for the community facilities district; and (ii) after creation of a community facilities district that includes a future annexation area, the legislative body may, by ordinance, provide for the levy of special taxes on parcels that will be annexed to the community facilities district at the rate or rates to be approved unanimous
ly by the owner or owners of each parcel or
parcels to be annexed to the community facilities district and for apportionment and collection of the special taxes in the manner specified in the resolution of formation; and WHEREAS, by adopting Ordinance No. 2453 on January 21, 2025 (the “ Special Tax Ordinance”), the City Council authorized the levy of special taxes within CFD No. 2024-01 in accordance with the Rate and Method and on any parcels in the Future Annexation Area, but only at the time of annexation and only with property owner Unanimous Approval, pursuant to the Act; and
WHEREAS, on December 30, 2024, a notice of spec ial tax lien was recorded with the Office of the County Recorder of the County of San Bernardino, as Document No. 2024-0311312 (the “Notice of Special Tax Lien ”), thereby giving notice that the lien to secure payment of the special taxes was imposed on the land in CFD No. 2024-01; and WHEREAS, PALMDALE VICTORVILLE, LLC, is the owner of the real property described in Exhibit A attached hereto and by this reference made a part hereof (the "Proposed Annexation Area"), which is located within the Future Annexation Area of CFD No. 2024-01; and WHEREAS, the City Council has received a petition from PALMDALE VICTORVILLE, LLC, attached hereto as Exhibit B and by this reference made a part hereof, constituting its Unanimous Approval and vote in fav or of annexing the Proposed Annexation Area to CFD No. 2024-01; its agreement to the annual levy of the Special Taxes on the Proposed Annexation Area according to the Rate and Method attached as Exhibit B to said petition and its approval of the appropriations limit for CFD No. 2024-01; and
WHEREAS, Section 53329.6 of the Act provides that any Unanimous Approval constitutes the vote of the qualified elector in favor of the matters addres sed in the Unanimous Approval for purposes of the California Constitution, including, but not limited to, Articles XIII A and XIII C; and WHEREAS, the City Council, acting as the legislative body of CFD No. 2024-01, is authorized by Article 3.5 of the Act to annex territory to the District by complying with the procedures in said Article 3.5 of the Act and as set forth in the Resolution of Formation and the Special Tax
Ordinance; and
WHEREAS, the City Council des ires to accept the Unanimous Approval of PALMDALE VICTORVILLE, LLC; annex the Proposed Annexation Area (Annexation No. 2 -TAX ZONE 3) to CFD No. 2024-01; and direct the taking of certain other actions in connection therewith.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1 Recitals. T he above Recitals are true and correct and are incorporated and made a part of Resolution by this reference, including any definitions contained therein.
SECTION 2. Intention; Annexation; Findings. Having received the Unanimous Approval petition of PALMDALE VICTORVILLE, LLC, to annex the Proposed Annexation Area to CFD No. 2024-01, the City Council hereby declares its intention to proceed with such annexation under the Act and accepts the Unanimous Approval of PALMDALE VICTORVILLE, LLC, attached hereto as Exhibit B. The City Council determines that the public convenience and necessity require that such Proposed Annexation Area be annexed to the District and finds and determines that the Proposed Annexation Area is hereby added to and made a part of CFD No. 2024-01 with full legal effect.
SECTION 3. Name of the Community Facilities
District. The name of the existing District
is Community Facilities District No. 2024-01 of the City of Victorville (Municipal Services), County of San Bernardino, State of California.
SECTION 4 . Description of Territory Proposed To Be Annexed; Annexation Map. The boundary of the territory which is included in the existing District is described on the map of CFD No. 2024-01 recorded on October 31, 2024, in Book 92 of Maps of Assessment and Community Facilities Districts, page 12, as Document No. 2024-0260281 of the official records of the County of San Bernardino. The Proposed Annexation Area is included within the boundaries within which property may annex to CFD No. 2024-01, which is more particularly described and shown on that certain map entitled " Boundaries - Future Annexation Area, Community Facilities District No. 2024-01 (Municipal Services), City of Victorville, County of San Bernardino, State of California ," recorded on October 31, 2024 in Book 92 of Maps of Assessment and Community Facilities Districts, pages 11, as Instrument No. 2024-0260280 of the official records of the County of San Bernardino. The Proposed Annexation Area to CFD No. 2024-01 is legally described in Exhibit A attached hereto and by this reference made a part hereof, and is also shown and described on the map thereof entitled " Proposed Boundaries – Annexation Map No. 2, Community Facilities District No. 2024-01 (Municipal Services), TAX ZONE 3, City of Victorville, County of San Bernardino, State of California" (the "Annexation Map") attached hereto as Exhibit C and by this reference made a part hereof.
SECTION 5. Types of Services; Plan for Providing Services. The Services to be provided and financed by the District consist of services permitted under the Act and described in Exhibit A to the Resolution of Formation, including, without limitation: operations, maintenance of lighting of parks, parkways, sidewalks, signage, landscaping in public areas, easements or right of way and open space; flood and storm protection services; the operation of storm drainage systems; maintenance of streets and roadways, traffic signals and street lighting; graffiti and debris removal from public improvements; public safety services including police, fire protection, fire suppression and code enforcement; operation of library and recreation programs; operation of future museums and cultural facilities; and maintenance and operation of any real property or other tangible property with an estimated useful life of five or more years that is owned by the City. In addition to payment of the cost and expense of the forgoing Services, proceeds of the special taxes may be expended to pay Administrative Expenses and to establish an operating reserve for the costs of Services as determined by the District Administrator. CFD No. 2024-01 shall also finance costs associated with the determination of the amount of and the levy and collection of special taxes which are levied to provide such services and costs otherwise incurred in order to carry out its authorized purposes. The Services described above shall be provided, as needed, throughout CFD No. 2024-01 and the Proposed Annexation Area for the benefit of all owners of property and residents of CFD No. 2024-01 and the Proposed Annexation Area, and any other territory annexed thereto. All owners of taxable parcels of property within CFD No. 2024-01 and the Proposed Annexation Area shall pay special taxes to finance the annual cost of providing such services in accordance with the Rate and Method of Apportionment attached hereto as Exhibit D and by this reference made a part hereof.
SECTION 6. Special Taxes. Except where funds are otherwise available, special taxes sufficient to pay the costs of the Services described in Section 5 above and the annual administrative expenses of the District in determining, apportioning, levying and collecting such special taxes, shall be annually levied within the Proposed Annexation Area. Pursuant to Section 53340 of the Act, the special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes. However, under no circumstances shall the special tax levied against any parcel subject to the levy of the special taxes be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within the District by more than ten percent (10%). The rates and method of apportionment of said special taxes shall be as set forth in Exhibit D.
SECTION 7. Adoption of Annexation Map. Pursuant to Section 3110.5 of the California Streets and Highways Code, the City Council adopts the Annexation Map as the map of the Proposed Annexation Area to CFD No. 2024-01 (Annexation No. 2). Pursuant to Section 3111 of said Code, the Clerk of the City (the " City Clerk") shall file the original of the Annexation Map in her office and shall file a copy of the Annexation Map with the County Recorder of the County of San Bernardino no later than 15 days following the adoption of this Resolution.
SECTION 8 . Amendment to Notice of Special Tax Lien. The City Clerk or his or her designee is hereby directed to record an amendment to the Notice of Special Tax Lien with the County Recorder of the County of San Bernardino in accordance with the provisions of Section 3117.5 of the California Streets and Highways Code within fifteen (15) days of the adoption of this Resolution.
SECTION 9. This Resolution shall be effective upon its adoption.
SECTION 10. 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.
Exhibit A
Assessor’s Parcel No(s):
3103-561-47-0000
PROPOSED ANNEXATION AREA
ANNEXATION NO. 2
Exhibit B
PALMDALE VICTORVILLE, LLC Petition/Unanimous
Consent
PETITION
AND UNANIMOUS APPROVAL
of Annexation to a Community Facilities District
CITY OF VICTORVILLE
Community Facilities District No. 2024-01
(Municipal Services)
Annexation No. 2
To the Honorable City Council
City of Victorville
14343 Civic Dr
Victorville, CA 92392
Members of the City Council:
This constitutes the Petition (the “ Petition”) of PALMDALE VICTORVILLE, LLC, the record owner (the “ Property Owner ”) of the fee title to the real property identified below (the “ Property”) contemplated by Section 53339.3 et seq. of the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”), to annex the Property to the "City of Victorville Community Facilities District No. 2024-01 (Municipal Services)” (the “CFD”), and it states as follows:
1. Property Owner . This Petition is submitted by the Property Owner as the record owner of fee title to the Property. The Property Owner has supplied to the City current evidence of its ownership of fee title to the Property.
2. Approval of Annexation . This Petition constitutes the unanimous approval and unanimous vote by the Property Owner in favor of the annexation of the Property to the CFD. The CFD was formed to finance the municipal services, which are incorporated herein by this reference (the “Municipal Services”) described in Exhibit A hereto and made a part hereof. In such connection Property Owner has reviewed the list of the Municipal Services and hereby approves of, agrees, and consents to the Municipal Services and the Annexation of the Property to the CFD for the benefit of the City and the CFD.
3. Approval of Special Tax and the Municipal Services . This Petition constitutes the unanimous approval and unanimous vote by the Property Owner in favor of the levy of special taxes (the “Special Taxes ”) on the Property to finance the Municipal Services. The Special Taxes will be levied according to the Rate and Method of Apportionment of Special Taxes for the CFD attached hereto as Exhibit B and made a part hereof (the "Rate and Method"). In such connection Property Owner consents and approves of the Rate and Method as set forth in Exhibit B and understands that such Special Taxes shall be levied against the Property.
4. Approval of the Appropriations Limit . This Petition constitutes the unanimous approval and unanimous vote by the Property Owner in favor of the appropriations limit established for the CFD.
The Property Owner hereby approves, consents and agrees to the appropriations limit for the CFD of Docusign Envelope ID: C39FFD17-0BE4-860A-83C1-F658B59DDE0D $56,000,000, pursuant to Article XIIIB of the California Constitution, as adjusted for changes in the cost of living and changes in the population.
5. Waivers and Vote . Section 53328.1 of the Act provides for an alternate and independent procedure for formation of a community facilities district that simplifies the annexation process. Under such process, the Property Owner acknowledges and agrees that by executing this Petition, the Property Owner is voluntarily waiving any and all right to an election held in accordance with Sections 53326, 53327, 53327.5 and 53328 of the Act. The Property Owner hereby confirms that this Petition constitutes its unanimous approval and unanimous vote as described herein and as contemplated by Section 53339.3 et seq. of the Act and for purposes of the California Constitution Article XIII A and XIII C. In lieu of an approval by public hearing, ballot and election, if any, the Property Owner intends for this Petition to constitute its ballot and election and waiver of a public hearing. Further, the Property Owner hereby waives all other rights with respect to the annexation of the Property, the levy of the Special Taxes on the Property in accordance with the Rate and Method, and the other matters covered in this Petition.
6. Recordation of Amendment to Notice of Special Tax Lien. The Notice of Special Tax Lien for the CFD was recorded in the Office of the Assessor-Recorder-County Clerk of the County of San Bernardino, State of California on December 30, 2024, as Document No. 2024-0311312.
The Property Owner hereby understands and agrees, consents and authorizes the City Clerk, or his/her designee, to execute and cause to be recorded in the office of the Assessor-Recorder-County Clerk of the County of San Bernardino an amendment to the Notice of Special Tax Lien for the CFD as required by Section 3117.5 of the California Streets and Highways Code. The amendment to the Notice of Special Tax Lien shall include the Rate and Method, attached hereto as Exhibit B, as an exhibit thereto.
7. Authority Warranted . The Property Owner warrants to the City that the presentation of this Petition, any votes, consents or waivers contained herein, and other actions mandated by the City for the annexation of the Property to the CFD do not constitute or shall not be construed as events of default or delinquencies under any existing or proposed financing documents entered into or to be entered into by the Property Owner for the Property, including any “due-on-encumbrance” clauses under any existing security instruments secured by the Property.
8. Due Diligence and Disclosures. The Property Owner agrees to cooperate with the City and its attorneys and consultants and to provide all information and disclosures required by the City and/or the Act about the Special Taxes to purchasers of the Property or any part of it.
9. Agreements. The Property Owner further agrees to execute such additional or supplemental agreements as may be required by the City to provide for any of the actions and conditions described in this Petition, including any cash deposit required to pay for the City’s costs in annexing the Property to the CFD.
10. The Property. The Property is identified below, and such Property Owner approves, consents and agrees that Property will be subject to the CFD upon recordation of the amendment to the Notice of Special Tax Lien. The map demonstrating the annexed Property area is entitled “Proposed Boundaries -- Annexation Map No. 2 Community Facilities District No. 2024-01 (Municipal Services), Tax Zone 3” and is attached hereto as Exhibit C.
Docusign Envelope ID: C39FFD17-0BE4-860A-83C1-F658B59DDE0D Assessor’s Parcel No(s):
3103-561-47-0000
Acres: 1.99 acres
By executing this Petition, the Property Owner agrees to all of the above.
Property Owner
PALMDALE VICTORVILLE, LLC
By:
Name:
Title:
Date:
Docusign Envelope ID: C39FFD17-0BE4-860A-83C1-F658B59DDE0D Entitlement Manager
Kristine Simmons
7/15/2026 | 11:47 AM PDT
EXHIBIT A
CITY OF VICTORVILLE
TYPES OF SERVICES TO BE FINANCED BY COMMUNITY FACILITIES DISTRICT NO. 2024-01 OF THE
CITY OF VICTORVILLE (MUNICIPAL SERVICES)
The services which may be funded with proceeds of the special tax of CFD No. 2024-01, as provided by Section 53313 of the Act, include the following (collectively, the “Municipal Services”):
I. Operations, maintenance and lighting of parks, parkways, sidewalks, signage, landscaping in public areas, easements or right of way and open space;
II. flood and storm protection services;
III. the operation of storm drainage systems;
IV. maintenance of streets and roadways, traffic signals and street lighting; V. graffiti and debris removal from public improvements; VI. public safety services including police, fire protection, fire suppression and code enforcement; VII. operation of library and recreation programs;
VIII. operation of future museums and cultural facilities; and IX. maintenance and operation of any real property or other tangible property with an estimated useful life of five or more years that is owned by the City of Victorville.
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses” as said term is defined in the Rate and Method of Apportionment and to establish an operating reserve for the costs of services as determined by the CFD Administrator. Capitalized terms used and not defined herein shall have the meanings set forth in the Rate and Method of Apportionment of Special Tax for CFD No. 2024-01.
Docusign Envelope ID: C39FFD17-0BE4-860A-83C1-F658B59DDE0D
EXHIBIT B
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2024-01 (MUNICIPAL SERVICES)
OF THE CITY OF VICTORVILLE
The following sets forth the Rate and Method of Apportionment for the levy and collection of Special Tax A and Special Tax B of Community Facilities District No. 2024-01 (Municipal Services) of the City of Victorville (“CFD No. 2024-01”). A Special Tax A and Special Tax B shall be levied on and collected in CFD No. 2024-01 each Fiscal Year, in an amount determined through the application of the Rate and Method of Apportionment described below. All real property within CFD No. 2024-01, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided.
A. DEFINITIONS
“Accessory Dwelling Unit” or “ADU” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence pursuant to California Government Code Section 65852 et seq. “Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be calculated by the Administrator.
“Act” means the Mello-Roos Community Facilities Act of 1982 as amended, being Chapter 2.5 of Part 1, Division 2 of Title 5 of the Government Code of the State of California. “Administrative Expenses” means the actual or reasonably estimated costs directly related to the formation, annexation, and administration of CFD No. 2024-01 including, but not limited to: the costs of computing Special Tax A and Special Tax B and preparing the annual collection schedules (whether by the City or designee thereof or both) for Special Tax A and Special Tax B; the costs to the City, CFD No. 2024-01, or any designee thereof associated with fulfilling the CFD No. 2024-01 disclosure requirements; the costs associated with responding to public inquiries regarding Special Tax A and Special Tax B; the costs of the City, CFD No. 2024-01 or any designee thereof related to an appeal of Special Tax A or Special Tax B; and the City's annual administration fees including payment of a proportional share of salaries and benefits of any City employees and City overhead whose duties are related to the administration and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2024-01 for any other administrative purposes of CFD No. 2024-01, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. “Administrator” means the City Manager of the City of Victorville, or his or her designee. “Annual Special Tax A” means for each Assessor’s Parcel, the Special Tax A actually levied in a given Fiscal Year.
“Annual Special Tax B” means for each Assessor’s Parcel, the Special Tax B actually levied in a given Fiscal Year.
Docusign Envelope ID: C39FFD17-0BE4-860A-83C1-F658B59DDE0D “Approved Property” means all Assessor’s Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to the January 1st of preceding the Fiscal Year in which Special Tax A or Special Tax B is being levied, and (ii) that have not been issued a Building Permit on or before June 1st preceding the Fiscal Year in which the Special Taxes are to be levied. “Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number by the County Assessor of the County of San Bernardino. “Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means that identification number assigned to a parcel by the County Assessor of the County.
“Boundary Map” means a recorded map of the CFD No. 2024-01 which indicates the boundaries of CFD No. 2024-01.
“Building Permit” means the first legal document issued by the City giving official permission for new construction. For purposes of this definition, “Building Permit” may or may not include any subsequent building permits issued or changed after the first issuance, as determined by the Administrator.
“Building Square Footage” or “BSF” means the floor area square footage reflected on the original construction Building Permit issued for construction of a building of Non-Residential Property and any Building Square Footage subsequently added to a building of such Taxable Property after issuance of a Building Permit for expansion or renovation of such building. “Calendar Year” means the period commencing January 1 of any year and ending the following December 31.
“CFD” or “CFD No. 2024-01” means the City of Victorville Community Facilities District No. 2024-01 (Municipal Services).
“City” means the City of Victorville, California.
“City Council” means the City Council of the City, acting as the legislative body of CFD No. 2024-01, or its designee.
“Commercial Property” means all Assessor’s Parcels of Non-Residential Property for which a Building Permit(s) has been issued by the City which is primarily used for, but not limited to: retail commercial, service commercial, and office commercial activities, as well as large-scale planned shopping districts serving the local and regional area and population, “big box” retailers, motels/hotels, and public assembly uses, or for any other uses that are consistent with commercial land use designation as determined by the City or Administrator.
“Consumer Price Index” or “CPI” means the index published monthly by the U.S. Department of Labor, Bureau of Labor Statistics for all urban consumers in the Riverside-San Bernardino-Ontario area. In the event this index ceases to be published, the Consumer Price Index shall be another index as determined by the Administrator that is reasonably comparable to the Consumer Price Index for the Riverside-San Bernardino-Ontario area.
Docusign Envelope ID: C39FFD17-0BE4-860A-83C1-F658B59DDE0D “County” means the County of San Bernardino, California. “Developed Property” means all Assessor’s Parcels of Taxable Property that: (i) are included in a Final Map that was recorded prior to January 1st preceding the Fiscal Year in which the Special Taxes are to be levied, and (ii) for which a Building Permit for new construction has been issued on or prior to June 1st preceding the Fiscal Year in which Special Tax A or Special Tax B is being levied. “Exempt Property” means all Assessors’ Parcels designated as being exempt from Special Tax A or Special Tax B as provided for in Section K.
“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 4285 that creates individual lots that do not need, and are not expected, to be further subdivided prior to the issue of a Building Permit.
“Fiscal Year” means the period from and including July 1 st of any year to and including the following June 30th.
“Heavy Industrial Property” means an Assessor’s Parcel of Non-Residential Property for which a Building Permit(s) has been issued for intense industrial activities, such as manufacturing, materials processing, and any related industrial activities that generate significant impacts such as excessive noise, dust, and other nuisances or for any other uses that are consistent with heavy industrial use designation as determined by the City or Administrator. “Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an Assessor’s Parcel is assigned consistent with the land use approvals that have been received or proposed for the Assessor’s Parcel as of June 1 st preceding the Fiscal Year in which Special Tax A or Special Tax B is being levied.
“Light Industrial Property” means an Assessor’s Parcel of Non-Residential Property for which a Building Permit(s) has been issued for industrial, service-commercial, and related uses including warehousing/distribution, research and development, assembly and light manufacturing, repair facilities, and supporting retail uses either located in industrial and/or business parks or in mixed industrial/business park use areas or for any other uses that are consistent with light industrial use designation as determined by the City or Administrator. The main feature of industrial activities in this category is that they do not require any significant site or structure requirements that are so specialized that would limit future use of the structures and/or site by another industrial activity. “Maintenance Services” means the services permitted under the Act and the formation proceedings with respect to CFD No. 2024-01 including, but not limited to, maintenance of parks, parkways, park lighting, sidewalks, signage, landscaping in public areas, easements or right of way and open space, flood and storm protection services, the operation of storm drainage systems, maintenance of streets and roadways, traffic signals and street lighting, graffiti and debris removal from public improvements contained within the boundaries of CFD No. 2024-01 and the City. “Maximum Special Tax A” means for each Assessor’s Parcel of Taxable Property, the maximum Special Tax A, determined in accordance with Section C that can be levied in any given Fiscal Year on such Assessor’s Parcel.
Docusign Envelope ID: C39FFD17-0BE4-860A-83C1-F658B59DDE0D “Maximum Special Tax B” means for each Assessor’s Parcel of Taxable Property, the maximum amount of Special Tax B, determined in accordance with Section F that can be levied in any given Fiscal Year on such Assessor’s Parcel.
“Multifamily Residential Property” means any Assessor’s Parcel of Residential Property that consists of a building or buildings comprised of attached Residential Units available for rental, but not for purchase, by the general public and under common management. “Mixed-Use 1 Property” means all Assessor’s Parcels of Residential or Non-Residential Property for which a Building Permit(s) has been issued by the City which is primarily used for, but not limited to:
mixed use, stand-alone commercial, and stand-alone residential with a density of 1 to 15 dwelling units per acre for residential and a FAR of 0.5 for non-residential, or for any other uses that are consistent with a Mixed-Use 1 land use designation as determined by the City or Administrator. “Mixed-Use 2 Property” means all Assessor’s Parcels of Residential or Non-Residential Property for which a Building Permit(s) has been issued by the City which is primarily used for, but not limited to:
mixed use, stand-alone commercial, and stand-alone residential with a density of 15.1 to 30 dwelling units per acre for residential and a FAR of 1.0 for non-residential, or for any other uses that are consistent with a Mixed-Use 2 land use designation as determined by the City or Administrator. “Non-Residential Property” means all Assessor's Parcels of Taxable Property for which a Building Permit(s) was issued for a non-residential use. The Administrator shall make the determination if an Assessor’s Parcel is Non-Residential Property.
“Other Non-Residential Property” means an Assessor’s Parcel of Non-Residential Property that is not classified as Commercial Property, Mixed-Use 1 Property, Mixed-Use 2 Property, Public Institution Property, Light Industrial Property or Heavy Industrial Property. “Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the actual Special Tax A or Special Tax B levy to the Maximum Special Tax A or Maximum Special Tax B is the same for all Parcels of Developed Property, (ii) Approved Property, that the ratio of the actual Special Tax A or Special Tax B levy to the Maximum Special Tax A or Maximum Special Tax B is the same for all Parcels of Approved Property, and (iii) Undeveloped Property that the ratio of the actual Special Tax Levy A or Special Tax Levy B per acre to the Maximum Special Tax A or Maximum Special Tax B per acre is the same for all Parcels of Undeveloped Property. “Public Institution Property” means all Assessor’s Parcels of Residential or Non-Residential Property for which a Building Permit(s) has been issued by the City which is primarily used for, but not limited to: land uses and activities that are predominately used for public purposes or owned or operated by a public entity. Activities within this category include City and County buildings, public and private schools, colleges, and public utilities and city yards, or for any other uses that are consistent with a Public Institution Property land use designation as determined by the City or Administrator. “Public Safety Services" means the services permitted under the Act including, without limitation, police and fire protection, ambulance and paramedic services, and code enforcement provided within the boundaries of CFD No. 2024-01 and the City.
“Residential Property” means all Assessor’s Parcels of Taxable Property upon which completed Residential Units have been constructed or for which Building Permits have been or may be issued for purposes of constructing one or more Residential Units.
Docusign Envelope ID: C39FFD17-0BE4-860A-83C1-F658B59DDE0D “Residential Unit” or "R/U" means a residential unit that is used or intended to be used as a domicile by one or more persons, excluding Accessory Dwelling Units, as determined by the Administrator. “Single Family Residential Property” means any residential property that consists of a building comprised of attached or detached residential units available for purchase or rent by the general public.
"Special Tax(es)" means, individually and collectively, Special Tax A and Special Tax B authorized to be levied within CFD No. 2024-01 pursuant to the Act to fund the Special Tax A Requirement and the Special Tax B Requirement.
“Special Tax A” means the special tax authorized to be levied on Taxable Property within CFD No. 2024-01 pursuant to the Act to fund the Special Tax A Requirement. “Special Tax B” means the special tax authorized to be levied on Taxable Property within CFD No. 2024-01 pursuant to the Act to fund the Special Tax B Requirement. "Special Tax A Requirement" means the amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs of CFD No. 2024-01 for Public Safety Services in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the (i) direct costs for Public Safety Services, (ii) amount necessary to fund an operating reserve for the costs of Public Safety Services as determined by the Administrator, and (iii) Administrative Expenses (apportioned between Special Tax A, and Special Tax B), less (iv) a credit in an amount equal to the Operating Fund Balance for Public Safety Services. Under no circumstances shall the Special Tax A Requirement include funds for Bonds.
"Special Tax B Requirement" means the amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs of CFD No. 2024-01 for Maintenance Services in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the (i) direct costs for Maintenance Services, (ii) amount necessary to fund an operating reserve for the costs of Maintenance Services as determined by the Administrator, and (iii) Administrative Expenses (apportioned between Special Tax A, and Special Tax B), less (iv) a credit in an amount equal to the Operating Fund Balance for Maintenance Services. Under no circumstances shall the Special Tax B Requirement include funds for Bonds.
"Taxable Property" means all Assessor’s Parcels within CFD No. 2024-01, which are not Exempt Property.
“Taxable Unit” means a Residential Unit, Building Square Footage, or an Acre. "Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax B rates may be levied pursuant to this Rate and Method of Apportionment of Special Tax B. Appendix A identifies the Tax Zone in CFD No. 2024-01 at formation; additional Tax Zones may be created when property is annexed into the CFD.
"Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1. “Tax Zone 2” means the specific geographic area identified on the CFD Boundary Map as Tax Zone 2. “Tax Zone 3” means the specific geographic area identified on the CFD Boundary Map as Tax Zone 3.
Docusign Envelope ID: C39FFD17-0BE4-860A-83C1-F658B59DDE0D “Tax Zone 4” means the specific geographic area identified on the CFD Boundary Map as Tax Zone 4. "Tract(s)" means an area of land within a subdivision identified by a particular tract number on a Final Map approved for the subdivision.
“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property or Approved Property.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, beginning with Fiscal Year 2025-26, each Assessor’s Parcel within CFD No. 2024-01 shall be classified as Taxable Property or Exempt Property. In addition, each Assessor’s Parcel of Taxable Property shall be further classified as Developed Property, Approved Property, or Undeveloped Property. In addition, each Assessor’s Parcel of Developed Property shall further be classified as Single Family Residential Property, Multifamily Residential Property, Commercial Property, Mixed-Use 1 Property, Mixed-Use 2 Property, Public Institution Property, Light Industrial Property, Heavy Industrial Property or Other Non-Residential Property.
C. MAXIMUM SPECIAL TAX A
a. Developed Property
(i) Maximum Special Tax A
The Maximum Special Tax A for each Assessor’s Parcel of Developed Property for each Land Use Type is shown in Table 1 below:
TABLE 1
MAXIMUM SPECIAL TAX A RATES
DEVELOPED PROPERTY
Land Use Category Rate
Single Family Residential Property $525.35 per Taxable Unit Multifamily Residential Property $394.00 per Taxable Unit Commercial Property $0.058 per BSF
Mixed-Use 1 Property $0.049 per BSF
Mixed-Use 2 Property $0.040 per BSF
Public Institution Property $0.012 per BSF
Light Industrial Property $0.029 per BSF
Heavy Industrial Property $0.012 per BSF
Other Non-Residential Property $0.042 per BSF
(ii) On each July 1, commencing July 1, 2026, the Maximum Special Tax A for Developed Property for the prior Fiscal Year shall be adjusted by the greater of (i) an amount equal to the percentage change in the Consumer Price Index for the Calendar Year ending in December of the prior Fiscal Year or (ii) five percent (5%). b. Multiple Land Use Categories
Docusign Envelope ID: C39FFD17-0BE4-860A-83C1-F658B59DDE0D In some instances, an Assessor’s Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax that can be levied on an Assessor’s Parcel shall be the sum of the Maximum Special Taxes that can be levied for each Land Use Types located on that Assessor’s Parcel. c. Approved Property
No Special Tax A shall be levied on Approved Property.
d. Undeveloped Property
No Special Tax A shall be levied on Undeveloped Property.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX A
Commencing with Fiscal Year 2025-26 and for each following Fiscal Year, the City shall levy Special Tax A at up to 100% of the applicable Maximum Special Tax A, Proportionately on each Assessor’s Parcel of Developed Property until the amount of Special Tax A equals the Special Tax A Requirement.
E. PREPAYMENT OF SPECIAL TAX A
Special Tax A cannot be prepaid.
F. MAXIMUM SPECIAL TAX B
For purposes of determining the applicable Maximum Special Tax B for Assessor’s Parcels of Developed Property and Approved Property which are classified as Residential Property, all such Assessor’s Parcels shall be assigned the number of Residential Unit(s) constructed or to be constructed thereon as specified in or shown on the Building Permit(s) issued or Final Map as determined by the Administrator. For Parcels of Undeveloped Property zoned for development of single family attached or multifamily units, the number of Residential Units shall be determined by referencing the condominium plan, apartment plan, site plan or other development plan, or by assigning the maximum allowable units permitted based on the underlying zoning for the Parcel. Once a single family attached or multifamily building or buildings have been built on an Assessor's Parcel, the Administrator shall determine the actual number of Residential Units contained within the building or buildings, and the Special Tax B levied against the Parcel in the next Fiscal Year shall be calculated by multiplying the actual number of Residential Units by the Maximum Special Tax B per Residential Unit identified for the Tract in Table 2 below or as included in Appendix A as each Annexation occurs.
For purposes of determining the applicable Maximum Special Tax B for Assessor’s Parcels of Developed Property and Approved Property which are classified as Non-Residential Property, all such Assessor’s Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map as determined by the Administrator. Once the Administrator determines the actual number of Building Square Footage or Acres for the Assessor’s Parcel, the Special Tax B levied against the Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building Square Footage or Acres by the Maximum Special Tax B per Taxable Unit identified for the Tax Zone in Table 2 below or as included in Appendix A as each Annexation occurs. a. Developed Property
(i) Maximum Special Tax B
The Maximum Special Tax B for each Assessor’s Parcel of Developed Property is shown in Table 2 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2024-01, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B for the Tax Zones annexed and included in Appendix A.
Docusign Envelope ID: C39FFD17-0BE4-860A-83C1-F658B59DDE0D The Maximum Special Tax for Fiscal Year 2025-2026 within Tax Zone 1 is identified in Table 2 below:
TABLE 2
MAXIMUM SPECIAL TAX B RATES
DEVELOPED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax B
1 14525 Single Family Residential Property R/U $165.47
1 14525 Multifamily Residential Property R/U $165.47
1 14525 Non-Residential Property Acre $1,311.46
(ii) Increase in the Maximum Special Tax
On each July 1, commencing on July 1, 2026, the Maximum Special Tax B for Developed Property for the prior Fiscal Year shall be adjusted by the greater of (i) an amount equal to the percentage change in the Consumer Price Index for the Calendar Year ending in December for the prior Fiscal Year or (ii) five percent (5%).
(iii) Multiple Land Use Categories
In some instances, an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax B that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax B that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final.
b. Approved Property
The Maximum Special Tax B for each Assessor’s Parcel of Approved Property shown in Table 3 shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2024-01, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax B for Fiscal Year 2025-2026 within the Tax Zone is identified in Table 3 below:
Docusign Envelope ID: C39FFD17-0BE4-860A-83C1-F658B59DDE0D TABLE 3
MAXIMUM SPECIAL B TAX RATES
APPROVED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax B
1 14525 Single Family Residential Property R/U $165.47
1 14525 Multifamily Residential Property R/U $165.47
1 14525 Non-Residential Property Acre $1,311.46
(i) On each July 1, commencing on July 1, 2026 the Maximum Special Tax B for Approved Property for the prior Fiscal Year shall be adjusted by the greater of (i) an amount equal to the percentage change in the Consumer Price Index for the Calendar Year ending in December for the prior Fiscal Year or (ii) five percent (5%). c. Undeveloped Property
The Maximum Special Tax B for each Assessor’s Parcel of Undeveloped Property shown in Table 4 shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2024-01, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax B for Fiscal Year 2025-2026 within the Tax Zone is identified in Table 4 below:
TABLE 4
MAXIMUM SPECIAL TAX B RATES
UNDEVELOPED PROPERTY
Tax Zone Tracts Taxable Unit Maximum Special Tax B
1 14525 Acre $1,311.46
(i) On each July 1, commencing on July 1, 2026 the Maximum Special Tax B for Undeveloped Property for the prior Fiscal Year shall be adjusted by the greater of (i) an amount equal to the percentage change in the Consumer Price Index for the Calendar Year ending in December for the prior Fiscal Year or (ii) five percent (5%).
G. METHOD OF APPORTIONMENT OF SPECIAL TAX B
Commencing with Fiscal Year 2025-26 and for each following Fiscal Year, the City Council shall determine the Special Tax B Requirement and shall levy the Special Tax B on all Assessor’s Parcels of Taxable Property until the aggregate amount of Special Tax B equals the Special Tax B Requirement.
The Special Tax B shall be levied for each Fiscal Year as follows:
First: The Special Tax B shall be levied Proportionately on all Assessor’s Parcels of Developed Property up to 100% of the applicable Maximum Special Tax B to satisfy the Special Tax B Requirement;
Second: If additional moneys are needed to satisfy the Special Tax B Requirement after the first step has been completed, the Special Tax B shall be levied Proportionately on each Parcel of Approved Property at up to 100% of the Maximum Special Tax B for Approved Property; Docusign Envelope ID: C39FFD17-0BE4-860A-83C1-F658B59DDE0D Third: If additional monies are needed to satisfy the Special Tax B Requirement after the first two steps has been completed, the Special Tax B shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property up to 100% of the Maximum Special Tax B for Undeveloped Property.
H. PREPAYMENT OF SPECIAL TAX B
Special Tax B cannot be prepaid.
I. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to CFD No. 2024-01 from time to time. As each annexation is proposed, an analysis will be prepared to determine the annual cost for providing Maintenance Services. Based on this analysis, the property to be annexed, pursuant to California Government Code section 53339 et seq. will be assigned to the appropriate Maximum Special Tax rate(s) for the Tax Zone when annexed and included in Appendix A.
J. TERMINATION OF SPECIAL TAX A AND SPECIAL TAX B
Special Tax A shall be levied as long as needed to meet the Special Tax A Requirement as determined at the sole discretion of the City Council. Special Tax B shall be levied as long as needed to meet the Special Tax B Requirement as determined at the sole discretion of the City Council.
K. EXEMPTIONS
The City shall classify as Exempt Property within CFD No. 2024-01, any Assessor’s Parcel in any of the following categories; (i) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity; (ii) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement; (iii) Assessor’s Parcels which are privately owned but are encumbered by or restricted solely for public uses; or (iv) any Assessor’s Parcel which is in use in the performance of a public function as determined by the Administrator.
L. APPEALS
Any property owner claiming that the amount or application of the Special Tax A or the Special Tax B are not correct may file a written notice of appeal with the City not later than twelve months after having paid the first installment of the Special Tax A or Special Tax B that is disputed. A representative(s) of CFD No. 2024-01 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax A or the Special Tax B, and rule on the appeal. If the representative’s decision requires that the Special Tax A or Special Tax B for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax A or Special Tax B on that Assessor’s Parcel in subsequent Fiscal Year(s).
M. MANNER OF COLLECTION
The Special Tax A or Special Tax B shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2024-01 may collect the Special Tax A or Special Tax B at a different time or in a different manner if necessary to meet its financial obligations.
Docusign Envelope ID: C39FFD17-0BE4-860A-83C1-F658B59DDE0D
APPENDIX A
CITY OF VICTORVILLE
COMMUNITY FACILITIES DISTRICT NO. 2024-01 (MUNICIPAL SERVICES)
MAXIMUM SPECIAL TAX B ASSIGNED TO EACH TAX ZONE OF DEVELOPED PROPERTY Tax
Zone
Year
Included Tract
Land Use
Category
Taxable
Unit
Maximum
Special
Tax
1 2025 14525 Single Family Residential R/U $165.47
1 2025 14525 Multifamily Residential Property R/U $165.47 1 2025 14525 Non-Residential Property Acre $1,311.46
2 2025 N/A Non-Residential Property Acre $1,199.51
3 2026 N/A Non-Residential Property Acre $1,660.98
4 2026 N/A Non-Residential Property Acre $2,236.25
MAXIMUM SPECIAL TAX B ASSIGNED TO EACH TAX ZONE OF APPROVED PROPERTY Tax
Zone
Year
Included Tract
Land Use
Category
Taxable
Unit
Maximum
Special
Tax
1 2025 14525 Single Family Residential R/U $165.47
1 2025 14525 Multifamily Residential Property R/U $165.47 1 2025 14525 Non-Residential Property Acre $1,311.46
2 2025 N/A Non-Residential Property Acre $1,199.51
3 2026 N/A Non-Residential Property Acre $1,660.98
4 2026 N/A Non-Residential Property Acre $2,236.25
MAXIMUM SPECIAL TAX B ASSIGNED TO EACH TAX ZONE OF UNDEVELOPED PROPERTY Tax
Zone
Year
Included Tract
Taxable
Unit
Maximum
Special
Tax
1 2025 14525 Acre $1,311.46
2 2025 N/A Acre $1,199.51
3 2026 N/A Acre $1,660.98
4 2026 N/A Acre $2,236.25
ESCALATION OF MAXIMUM SPECIAL TAX B
On each July 1, commencing on July 1, 2026, the Maximum Special Tax B for Developed, Approved and Undeveloped Property for the prior Fiscal Year shall be adjusted by the greater of (i) an amount equal to the percentage change in the Consumer Price Index for the Calendar Year ending in December for the prior Fiscal Year or (ii) five percent (5%).
Docusign Envelope ID: C39FFD17-0BE4-860A-83C1-F658B59DDE0D
EXHIBIT C
Docusign Envelope ID: C39FFD17-0BE4-860A-83C1-F658B59DDE0D Certificate Of Completion
Envelope Id: C39FFD17-0BE4-860A-83C1-F658B59DDE0D Status: Completed Subject: Complete with Docusign: Victorville CFD 2024-01 Petition - Annexation 2.pdf Source Envelope:
Document Pages: 17 Signatures: 1 Envelope Originator:
Certificate Pages: 5 Initials: 0 Melissa Krejckant
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
[email protected]
IP Address: 24.182.14.221
Record Tracking
Status: Original
6/25/2026 10:24:50 AM
Holder: Melissa Krejckant
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Kristine Simmons
[email protected]
Entitlement Manager
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 108.80.24.138
Sent: 6/25/2026 10:28:27 AM
Resent: 7/1/2026 5:34:28 PM
Viewed: 7/14/2026 2:48:31 PM
Signed: 7/15/2026 11:47:07 AM
Electronic Record and Signature Disclosure:
Accepted: 6/28/2026 11:52:28 AM
ID: 39488d26-7beb-4400-b43f-d49022b4871d
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Brent Howard
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 6/25/2026 10:28:27 AM
Viewed: 7/15/2026 12:51:24 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Nicoale Sylvestre
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 6/25/2026 10:28:28 AM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 6/25/2026 10:28:28 AM
Envelope Summary Events
Status
Timestamps
Certified Delivered
Security Checked
7/14/2026 2:48:31 PM
Signing Complete
Security Checked
7/15/2026 11:47:07 AM
Completed
Security Checked
7/15/2026 11:47:07 AM
Payment Events
Status
Timestamps
Electronic Record and Signature Disclosure
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All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 12/16/2020 4:44:07 PM Parties agreed to: Kristine Simmons
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RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2024-01 (MUNICIPAL SERVICES)
OF THE CITY OF VICTORVILLE
The following sets forth the Rate and Method of Apportionment for the levy and collection of Special Tax A and Special Tax B of Community Facilities District No. 2024-01 (Municipal Services) of the City of Victorville (“CFD No. 2024-01”). A Special Tax A and Special Tax B shall be levied on and collected in CFD No. 2024-01 each Fiscal Year, in an amount determined through the application of the Rate and Method of Apportionment described below. All real property within CFD No. 2024-01, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided.
A. DEFINITIONS
“Accessory Dwelling Unit” or “ADU” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence pursuant to California Government Code Section 65852 et seq. “Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be calculated by the Administrator.
“Act” means the Mello-Roos Community Facilities Act of 1982 as amended, being Chapter 2.5 of Part 1, Division 2 of Title 5 of the Government Code of the State of California. “Administrative Expenses” means the actual or reasonably estimated costs directly related to the formation, annexation, and administration of CFD No. 2024-01 including, but not limited to: the costs of computing Special Tax A and Special Tax B and preparing the annual collection schedules (whether by the City or designee thereof or both) for Special Tax A and Special Tax B; the costs to the City, CFD No. 2024-01, or any designee thereof associated with fulfilling the CFD No. 2024-01 disclosure requirements; the costs associated with responding to public inquiries regarding Special Tax A and Special Tax B; the costs of the City, CFD No. 2024-01 or any designee thereof related to an appeal of Special Tax A or Special Tax B; and the City's annual administration fees including payment of a proportional share of salaries and benefits of any City employees and City overhead whose duties are related to the administration and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2024-01 for any other administrative purposes of CFD No. 2024-01, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. “Administrator” means the City Manager of the City of Victorville, or his or her designee. “Annual Special Tax A” means for each Assessor’s Parcel, the Special Tax A actually levied in a given Fiscal Year.
“Annual Special Tax B” means for each Assessor’s Parcel, the Special Tax B actually levied in a given Fiscal Year.
“Approved Property” means all Assessor’s Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to the January 1st of preceding the Fiscal Year in which Special Tax A or Exhibit D
Special Tax B is being levied, and (ii) that have not been issued a Building Permit on or before June 1st preceding the Fiscal Year in which the Special Taxes are to be levied. “Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number by the County Assessor of the County of San Bernardino. “Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means that identification number assigned to a parcel by the County Assessor of the County.
“Boundary Map” means a recorded map of the CFD No. 2024-01 which indicates the boundaries of CFD No. 2024-01.
“Building Permit” means the first legal document issued by the City giving official permission for new construction. For purposes of this definition, “Building Permit” may or may not include any subsequent building permits issued or changed after the first issuance, as determined by the Administrator.
“Building Square Footage” or “BSF” means the floor area square footage reflected on the original construction Building Permit issued for construction of a building of Non-Residential Property and any Building Square Footage subsequently added to a building of such Taxable Property after issuance of a Building Permit for expansion or renovation of such building. “Calendar Year” means the period commencing January 1 of any year and ending the following December 31.
“CFD” or “CFD No. 2024-01” means the City of Victorville Community Facilities District No. 2024-01 (Municipal Services).
“City” means the City of Victorville, California.
“City Council” means the City Council of the City, acting as the legislative body of CFD No. 2024-01, or its designee.
“Commercial Property” means all Assessor’s Parcels of Non-Residential Property for which a Building Permit(s) has been issued by the City which is primarily used for, but not limited to: retail commercial, service commercial, and office commercial activities, as well as large-scale planned shopping districts serving the local and regional area and population, “big box” retailers, motels/hotels, and public assembly uses, or for any other uses that are consistent with commercial land use designation as determined by the City or Administrator.
“Consumer Price Index” or “CPI” means the index published monthly by the U.S. Department of Labor, Bureau of Labor Statistics for all urban consumers in the Riverside-San Bernardino-Ontario area. In the event this index ceases to be published, the Consumer Price Index shall be another index as determined by the Administrator that is reasonably comparable to the Consumer Price Index for the Riverside-San Bernardino-Ontario area.
“County” means the County of San Bernardino, California.
“Developed Property” means all Assessor’s Parcels of Taxable Property that: (i) are included in a Final Map that was recorded prior to January 1st preceding the Fiscal Year in which the Special Taxes are to be levied, and (ii) for which a Building Permit for new construction has been issued on or prior to June 1st preceding the Fiscal Year in which Special Tax A or Special Tax B is being levied. “Exempt Property” means all Assessors’ Parcels designated as being exempt from Special Tax A or Special Tax B as provided for in Section K.
“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 4285 that creates individual lots that do not need, and are not expected, to be further subdivided prior to the issue of a Building Permit.
“Fiscal Year” means the period from and including July 1 st of any year to and including the following June 30th.
“Heavy Industrial Property” means an Assessor’s Parcel of Non-Residential Property for which a Building Permit(s) has been issued for intense industrial activities, such as manufacturing, materials processing, and any related industrial activities that generate significant impacts such as excessive noise, dust, and other nuisances or for any other uses that are consistent with heavy industrial use designation as determined by the City or Administrator. “Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an Assessor’s Parcel is assigned consistent with the land use approvals that have been received or proposed for the Assessor’s Parcel as of June 1 st preceding the Fiscal Year in which Special Tax A or Special Tax B is being levied.
“Light Industrial Property” means an Assessor’s Parcel of Non-Residential Property for which a Building Permit(s) has been issued for industrial, service-commercial, and related uses including warehousing/distribution, research and development, assembly and light manufacturing, repair facilities, and supporting retail uses either located in industrial and/or business parks or in mixed industrial/business park use areas or for any other uses that are consistent with light industrial use designation as determined by the City or Administrator. The main feature of industrial activities in this category is that they do not require any significant site or structure requirements that are so specialized that would limit future use of the structures and/or site by another industrial activity. “Maintenance Services” means the services permitted under the Act and the formation proceedings with respect to CFD No. 2024-01 including, but not limited to, maintenance of parks, parkways, park lighting, sidewalks, signage, landscaping in public areas, easements or right of way and open space, flood and storm protection services, the operation of storm drainage systems, maintenance of streets and roadways, traffic signals and street lighting, graffiti and debris removal from public improvements contained within the boundaries of CFD No. 2024-01 and the City. “Maximum Special Tax A” means for each Assessor’s Parcel of Taxable Property, the maximum Special Tax A, determined in accordance with Section C that can be levied in any given Fiscal Year on such Assessor’s Parcel.
“Maximum Special Tax B” means for each Assessor’s Parcel of Taxable Property, the maximum amount of Special Tax B, determined in accordance with Section F that can be levied in any given Fiscal Year on such Assessor’s Parcel.
“Multifamily Residential Property” means any Assessor’s Parcel of Residential Property that consists of a building or buildings comprised of attached Residential Units available for rental, but not for purchase, by the general public and under common management. “Mixed-Use 1 Property” means all Assessor’s Parcels of Residential or Non-Residential Property for which a Building Permit(s) has been issued by the City which is primarily used for, but not limited to:
mixed use, stand-alone commercial, and stand-alone residential with a density of 1 to 15 dwelling units per acre for residential and a FAR of 0.5 for non-residential, or for any other uses that are consistent with a Mixed-Use 1 land use designation as determined by the City or Administrator. “Mixed-Use 2 Property” means all Assessor’s Parcels of Residential or Non-Residential Property for which a Building Permit(s) has been issued by the City which is primarily used for, but not limited to:
mixed use, stand-alone commercial, and stand-alone residential with a density of 15.1 to 30 dwelling units per acre for residential and a FAR of 1.0 for non-residential, or for any other uses that are consistent with a Mixed-Use 2 land use designation as determined by the City or Administrator. “Non-Residential Property” means all Assessor's Parcels of Taxable Property for which a Building Permit(s) was issued for a non-residential use. The Administrator shall make the determination if an Assessor’s Parcel is Non-Residential Property.
“Other Non-Residential Property” means an Assessor’s Parcel of Non-Residential Property that is not classified as Commercial Property, Mixed-Use 1 Property, Mixed-Use 2 Property, Public Institution Property, Light Industrial Property or Heavy Industrial Property. “Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the actual Special Tax A or Special Tax B levy to the Maximum Special Tax A or Maximum Special Tax B is the same for all Parcels of Developed Property, (ii) Approved Property, that the ratio of the actual Special Tax A or Special Tax B levy to the Maximum Special Tax A or Maximum Special Tax B is the same for all Parcels of Approved Property, and (iii) Undeveloped Property that the ratio of the actual Special Tax Levy A or Special Tax Levy B per acre to the Maximum Special Tax A or Maximum Special Tax B per acre is the same for all Parcels of Undeveloped Property. “Public Institution Property” means all Assessor’s Parcels of Residential or Non-Residential Property for which a Building Permit(s) has been issued by the City which is primarily used for, but not limited to: land uses and activities that are predominately used for public purposes or owned or operated by a public entity. Activities within this category include City and County buildings, public and private schools, colleges, and public utilities and city yards, or for any other uses that are consistent with a Public Institution Property land use designation as determined by the City or Administrator. “Public Safety Services" means the services permitted under the Act including, without limitation, police and fire protection, ambulance and paramedic services, and code enforcement provided within the boundaries of CFD No. 2024-01 and the City.
“Residential Property” means all Assessor’s Parcels of Taxable Property upon which completed Residential Units have been constructed or for which Building Permits have been or may be issued for purposes of constructing one or more Residential Units. “Residential Unit” or "R/U" means a residential unit that is used or intended to be used as a domicile by one or more persons, excluding Accessory Dwelling Units, as determined by the Administrator.
“Single Family Residential Property” means any residential property that consists of a building comprised of attached or detached residential units available for purchase or rent by the general public.
"Special Tax(es)" means, individually and collectively, Special Tax A and Special Tax B authorized to be levied within CFD No. 2024-01 pursuant to the Act to fund the Special Tax A Requirement and the Special Tax B Requirement.
“Special Tax A” means the special tax authorized to be levied on Taxable Property within CFD No. 2024-01 pursuant to the Act to fund the Special Tax A Requirement. “Special Tax B” means the special tax authorized to be levied on Taxable Property within CFD No. 2024-01 pursuant to the Act to fund the Special Tax B Requirement. "Special Tax A Requirement" means the amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs of CFD No. 2024-01 for Public Safety Services in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the (i) direct costs for Public Safety Services, (ii) amount necessary to fund an operating reserve for the costs of Public Safety Services as determined by the Administrator, and (iii) Administrative Expenses (apportioned between Special Tax A, and Special Tax B), less (iv) a credit in an amount equal to the Operating Fund Balance for Public Safety Services. Under no circumstances shall the Special Tax A Requirement include funds for Bonds.
"Special Tax B Requirement" means the amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs of CFD No. 2024-01 for Maintenance Services in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the (i) direct costs for Maintenance Services, (ii) amount necessary to fund an operating reserve for the costs of Maintenance Services as determined by the Administrator, and (iii) Administrative Expenses (apportioned between Special Tax A, and Special Tax B), less (iv) a credit in an amount equal to the Operating Fund Balance for Maintenance Services. Under no circumstances shall the Special Tax B Requirement include funds for Bonds.
"Taxable Property" means all Assessor’s Parcels within CFD No. 2024-01, which are not Exempt Property.
“Taxable Unit” means a Residential Unit, Building Square Footage, or an Acre. "Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax B rates may be levied pursuant to this Rate and Method of Apportionment of Special Tax B. Appendix A identifies the Tax Zone in CFD No. 2024-01 at formation; additional Tax Zones may be created when property is annexed into the CFD.
"Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1. “Tax Zone 2” means the specific geographic area identified on the CFD Boundary Map as Tax Zone 2. “Tax Zone 3” means the specific geographic area identified on the CFD Boundary Map as Tax Zone 3. “Tax Zone 4” means the specific geographic area identified on the CFD Boundary Map as Tax Zone 4. "Tract(s)" means an area of land within a subdivision identified by a particular tract number on a Final Map approved for the subdivision.
“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property or Approved Property.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, beginning with Fiscal Year 2025-26, each Assessor’s Parcel within CFD No. 2024-01 shall be classified as Taxable Property or Exempt Property. In addition, each Assessor’s Parcel of Taxable Property shall be further classified as Developed Property, Approved Property, or Undeveloped Property. In addition, each Assessor’s Parcel of Developed Property shall further be classified as Single Family Residential Property, Multifamily Residential Property, Commercial Property, Mixed-Use 1 Property, Mixed-Use 2 Property, Public Institution Property, Light Industrial Property, Heavy Industrial Property or Other Non-Residential Property.
C. MAXIMUM SPECIAL TAX A
a. Developed Property
(i) Maximum Special Tax A
The Maximum Special Tax A for each Assessor’s Parcel of Developed Property for each Land Use Type is shown in Table 1 below:
TABLE 1
MAXIMUM SPECIAL TAX A RATES
DEVELOPED PROPERTY
Land Use Category Rate
Single Family Residential Property $525.35 per Taxable Unit Multifamily Residential Property $394.00 per Taxable Unit Commercial Property $0.058 per BSF
Mixed-Use 1 Property $0.049 per BSF
Mixed-Use 2 Property $0.040 per BSF
Public Institution Property $0.012 per BSF
Light Industrial Property $0.029 per BSF
Heavy Industrial Property $0.012 per BSF
Other Non-Residential Property $0.042 per BSF
(ii) On each July 1, commencing July 1, 2026, the Maximum Special Tax A for Developed Property for the prior Fiscal Year shall be adjusted by the greater of (i) an amount equal to the percentage change in the Consumer Price Index for the Calendar Year ending in December of the prior Fiscal Year or (ii) five percent (5%). b. Multiple Land Use Categories
In some instances, an Assessor’s Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax that can be levied on an Assessor’s Parcel shall be the sum of the Maximum Special Taxes that can be levied for each Land Use Types located on that Assessor’s Parcel. c. Approved Property
No Special Tax A shall be levied on Approved Property.
d. Undeveloped Property
No Special Tax A shall be levied on Undeveloped Property.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX A
Commencing with Fiscal Year 2025-26 and for each following Fiscal Year, the City shall levy Special Tax A at up to 100% of the applicable Maximum Special Tax A, Proportionately on each Assessor’s Parcel of Developed Property until the amount of Special Tax A equals the Special Tax A Requirement.
E. PREPAYMENT OF SPECIAL TAX A
Special Tax A cannot be prepaid.
F. MAXIMUM SPECIAL TAX B
For purposes of determining the applicable Maximum Special Tax B for Assessor’s Parcels of Developed Property and Approved Property which are classified as Residential Property, all such Assessor’s Parcels shall be assigned the number of Residential Unit(s) constructed or to be constructed thereon as specified in or shown on the Building Permit(s) issued or Final Map as determined by the Administrator. For Parcels of Undeveloped Property zoned for development of single family attached or multifamily units, the number of Residential Units shall be determined by referencing the condominium plan, apartment plan, site plan or other development plan, or by assigning the maximum allowable units permitted based on the underlying zoning for the Parcel. Once a single family attached or multifamily building or buildings have been built on an Assessor's Parcel, the Administrator shall determine the actual number of Residential Units contained within the building or buildings, and the Special Tax B levied against the Parcel in the next Fiscal Year shall be calculated by multiplying the actual number of Residential Units by the Maximum Special Tax B per Residential Unit identified for the Tract in Table 2 below or as included in Appendix A as each Annexation occurs.
For purposes of determining the applicable Maximum Special Tax B for Assessor’s Parcels of Developed Property and Approved Property which are classified as Non-Residential Property, all such Assessor’s Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map as determined by the Administrator. Once the Administrator determines the actual number of Building Square Footage or Acres for the Assessor’s Parcel, the Special Tax B levied against the Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building Square Footage or Acres by the Maximum Special Tax B per Taxable Unit identified for the Tax Zone in Table 2 below or as included in Appendix A as each Annexation occurs. a. Developed Property
(i) Maximum Special Tax B
The Maximum Special Tax B for each Assessor’s Parcel of Developed Property is shown in Table 2 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2024-01, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B for the Tax Zones annexed and included in Appendix A.
The Maximum Special Tax for Fiscal Year 2025-2026 within Tax Zone 1 is identified in Table 2 below:
TABLE 2
MAXIMUM SPECIAL TAX B RATES
DEVELOPED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax B
1 14525 Single Family Residential Property R/U $165.47
1 14525 Multifamily Residential Property R/U $165.47
1 14525 Non-Residential Property Acre $1,311.46
(ii) Increase in the Maximum Special Tax
On each July 1, commencing on July 1, 2026, the Maximum Special Tax B for Developed Property for the prior Fiscal Year shall be adjusted by the greater of (i) an amount equal to the percentage change in the Consumer Price Index for the Calendar Year ending in December for the prior Fiscal Year or (ii) five percent (5%).
(iii) Multiple Land Use Categories
In some instances, an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax B that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax B that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final.
b. Approved Property
The Maximum Special Tax B for each Assessor’s Parcel of Approved Property shown in Table 3 shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2024-01, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax B for Fiscal Year 2025-2026 within the Tax Zone is identified in Table 3 below:
TABLE 3
MAXIMUM SPECIAL B TAX RATES
APPROVED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax B
1 14525 Single Family Residential Property R/U $165.47
1 14525 Multifamily Residential Property R/U $165.47
1 14525 Non-Residential Property Acre $1,311.46
(i) On each July 1, commencing on July 1, 2026 the Maximum Special Tax B for Approved Property for the prior Fiscal Year shall be adjusted by the greater of (i) an amount equal to the percentage change in the Consumer Price Index for the Calendar Year ending in December for the prior Fiscal Year or (ii) five percent (5%). c. Undeveloped Property
The Maximum Special Tax B for each Assessor’s Parcel of Undeveloped Property shown in Table 4 shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2024-01, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax B for Fiscal Year 2025-2026 within the Tax Zone is identified in Table 4 below:
TABLE 4
MAXIMUM SPECIAL TAX B RATES
UNDEVELOPED PROPERTY
Tax Zone Tracts Taxable Unit Maximum Special Tax B
1 14525 Acre $1,311.46
(i) On each July 1, commencing on July 1, 2026 the Maximum Special Tax B for Undeveloped Property for the prior Fiscal Year shall be adjusted by the greater of (i) an amount equal to the percentage change in the Consumer Price Index for the Calendar Year ending in December for the prior Fiscal Year or (ii) five percent (5%).
G. METHOD OF APPORTIONMENT OF SPECIAL TAX B
Commencing with Fiscal Year 2025-26 and for each following Fiscal Year, the City Council shall determine the Special Tax B Requirement and shall levy the Special Tax B on all Assessor’s Parcels of Taxable Property until the aggregate amount of Special Tax B equals the Special Tax B Requirement.
The Special Tax B shall be levied for each Fiscal Year as follows:
First: The Special Tax B shall be levied Proportionately on all Assessor’s Parcels of Developed Property up to 100% of the applicable Maximum Special Tax B to satisfy the Special Tax B Requirement;
Second: If additional moneys are needed to satisfy the Special Tax B Requirement after the first step has been completed, the Special Tax B shall be levied Proportionately on each Parcel of Approved Property at up to 100% of the Maximum Special Tax B for Approved Property; Third: If additional monies are needed to satisfy the Special Tax B Requirement after the first two steps has been completed, the Special Tax B shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property up to 100% of the Maximum Special Tax B for Undeveloped Property.
H. PREPAYMENT OF SPECIAL TAX B
Special Tax B cannot be prepaid.
I. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to CFD No. 2024-01 from time to time. As each annexation is proposed, an analysis will be prepared to determine the annual cost for providing Maintenance Services. Based on this analysis, the property to be annexed, pursuant to California Government Code section 53339 et seq. will be assigned to the appropriate Maximum Special Tax rate(s) for the Tax Zone when annexed and included in Appendix A.
J. TERMINATION OF SPECIAL TAX A AND SPECIAL TAX B
Special Tax A shall be levied as long as needed to meet the Special Tax A Requirement as determined at the sole discretion of the City Council. Special Tax B shall be levied as long as needed to meet the Special Tax B Requirement as determined at the sole discretion of the City Council.
K. EXEMPTIONS
The City shall classify as Exempt Property within CFD No. 2024-01, any Assessor’s Parcel in any of the following categories; (i) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity; (ii) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement; (iii) Assessor’s Parcels which are privately owned but are encumbered by or restricted solely for public uses; or (iv) any Assessor’s Parcel which is in use in the performance of a public function as determined by the Administrator.
L. APPEALS
Any property owner claiming that the amount or application of the Special Tax A or the Special Tax B are not correct may file a written notice of appeal with the City not later than twelve months after having paid the first installment of the Special Tax A or Special Tax B that is disputed. A representative(s) of CFD No. 2024-01 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax A or the Special Tax B, and rule on the appeal. If the representative’s decision requires that the Special Tax A or Special Tax B for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax A or Special Tax B on that Assessor’s Parcel in subsequent Fiscal Year(s).
M. MANNER OF COLLECTION
The Special Tax A or Special Tax B shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2024-01 may collect the Special Tax A or Special Tax B at a different time or in a different manner if necessary to meet its financial obligations.
APPENDIX A
CITY OF VICTORVILLE
COMMUNITY FACILITIES DISTRICT NO. 2024-01 (MUNICIPAL SERVICES)
MAXIMUM SPECIAL TAX B ASSIGNED TO EACH TAX ZONE OF DEVELOPED PROPERTY Tax
Zone
Year
Included Tract
Land Use
Category
Taxable
Unit
Maximum
Special
Tax
1 2025 14525 Single Family Residential R/U $165.47
1 2025 14525 Multifamily Residential Property R/U $165.47 1 2025 14525 Non-Residential Property Acre $1,311.46
2 2025 N/A Non-Residential Property Acre $1,199.51
3 2026 N/A Non-Residential Property Acre $1,660.98
4 2026 N/A Non-Residential Property Acre $2,236.25
MAXIMUM SPECIAL TAX B ASSIGNED TO EACH TAX ZONE OF APPROVED PROPERTY Tax
Zone
Year
Included Tract
Land Use
Category
Taxable
Unit
Maximum
Special
Tax
1 2025 14525 Single Family Residential R/U $165.47
1 2025 14525 Multifamily Residential Property R/U $165.47 1 2025 14525 Non-Residential Property Acre $1,311.46
2 2025 N/A Non-Residential Property Acre $1,199.51
3 2026 N/A Non-Residential Property Acre $1,660.98
4 2026 N/A Non-Residential Property Acre $2,236.25
MAXIMUM SPECIAL TAX B ASSIGNED TO EACH TAX ZONE OF UNDEVELOPED PROPERTY Tax
Zone
Year
Included Tract
Taxable
Unit
Maximum
Special
Tax
1 2025 14525 Acre $1,311.46
2 2025 N/A Acre $1,199.51
3 2026 N/A Acre $1,660.98
4 2026 N/A Acre $2,236.25
ESCALATION OF MAXIMUM SPECIAL TAX B
On each July 1, commencing on July 1, 2026, the Maximum Special Tax B for Developed, Approved and Undeveloped Property for the prior Fiscal Year shall be adjusted by the greater of (i) an amount equal to the percentage change in the Consumer Price Index for the Calendar Year ending in December for the prior Fiscal Year or (ii) five percent (5%).
Attachment B
Vicinity Map
Item Number: 6
City Council / Board of Directors
Consent Calendar
Meeting of: September 1, 2026
Submitted By:
Jennifer Thompson, City Clerk
Subject:
Second Reading of Ordinance No. 2469
Recommendation:
That the City Council adopt, by second reading, Ordinance No. 2469, adopting an amendment to Title 16 (Zoning Ordinance) of the Victorville Municipal Code with an environmental exemption to update the City’s Accessory Dwelling Unit (ADU) and Junior Accessory Dwelling Unit (JADU) standards for consistency with current California law.
Fiscal Impact:
There is no fiscal impact associated with this action.
Strategic Plan Goal:
Approval of Ordinance No. 2469 will enable the City to further fulfill the following goals identified in the City's Strategic Plan:
Goal C: Community and Economic Development – The proposed amendment supports compliance with State housing law and the Housing Element by maintaining clear, current, and enforceable Accessory Dwelling Unit (ADU) and Junior Accessory Dwelling Unit (JADU) regulations. Updated standards and ministerial procedures will reduce regulatory uncertainty, support residential investment, and expand housing choices throughout the City. Goal D: Reduce Homelessness – ADUs and JADUs provide opportunities for smaller and lower-cost housing development within existing neighborhoods. By removing barriers and maintaining efficient approval procedures, the amendment can help expand the supply of flexible housing options for individuals, families, caregivers, and residents at risk of housing insecurity.
4 6
5 7
Discussion:
At a Regular City Council meeting held on August 18, 2026, the City Council voted to introduce Ordinance No. 2469, adopting an amendment to Title 16 (Zoning Ordinance) of the Victorville Municipal Code with an environmental exemption to update the City’s ADU and JADU standards for consistency with current California law.
This ordinance is being presented for adoption and, once adopted, will become effective October 1, 2026.
Prepared By:
Denise A. Salazar, Deputy City Clerk
Attachments: A. Ordinance No. 2469
Attachment A
Ordinance No. 2469
ORDINANCE NO. 2469
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE APPROVING AMENDMENT CASE NO. PLAN26 -00015, AN AMENDMENT TO TITLE 16 (ZONING ORDINANCE) OF THE VICTORVILLE MUNICIPAL CODE, WITH AN
ENVIRONMENTAL EXEMPTION, TO UPDATE THE CITY'S ACCESSORY DWELLING
UNIT (ADU) AND JUNIOR ACCESSORY DWELLING UNIT (JADU) STANDARDS
CITYWIDE FOR CONSISTENCY WITH CURRENT CALIFORNIA LAW
WHEREAS, Pursuant to Article XI, Section 7 of the California Constitution, the City of Victorville ("City") is authorized to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and WHEREAS, Pursuant to Title 7, Division 1, Chapter 4, Article 2, Section 65850 of the California Government Code, the City may adopt by ordinance regulations affecting the use of buildings, structures, and land; the location, height, bulk, and size of buildings and structures; the size and use of lots, yards, courts, and other open spaces; the intensity of land use; and requirements for off-street parking and loading; and WHEREAS, Pursuant to Title 7, Division 1, Chapter 4, Article 2, Section 65850 of the California Government Code, the City has adopted Section 16- 2.01.010 of the Victorville Municipal Code, which provides author ity to amend Title 16 of the Victorville Municipal Code and the various regulations, requirements, exceptions, and guidelines contained therein; and
WHEREAS, Pursuant to Title 7, Division 1, Chapter 4, Article 2, Section 65860 of the California Government Code, the City's Zoning Ordinance must be consistent with the General Plan; and
WHEREAS, Pursuant to Section 16-2.01.020 of the Victorville Municipal Code, the City of Victorville Planning Department initiated Development Code Amendment Case No. PLAN26 -00015 to amend Sections 16- 3.07.010, 16- 3.07.030, and 16- 3.08.020 of Title 16 relating to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) in order to maintain consistency with current California law; and WHEREAS, Pursuant to Title 7, Division 1, Chapter 4, Article 2 of the California Government Code and Section 16- 2.01.040 of the Victorville Municipal Code, the Victorville Planning Commission held a public hearing on July 8, 2026, to hear arguments for and against the proposed Development Code amendments, and, after considering all testimony offered, adopted Resolution No. P-26-014, as revised by the July 8, 2026, late- addition memorandum, recommending that the City Council approve Development Code Amendment Case No. PLAN26-00015; and
WHEREAS, the City Council finds that the proposed amendments relating to ADUs and JADUs will maintain compliance with State law, provide uniform and enforceable regulations, and facilitate the development of diverse housing options through an objective and expedited review process; and
WHEREAS, t he City Council finds that many current State requirements have already been incorporated into the Victorville Municipal Code and that the proposed amendments primarily consist of updated statutory references, revisions relating to multifamily ADUs, and technical and administrative amendments necessary to maintain consistency with current State law and guidance issued by the California Department of Housing and Community Development; and
WHEREAS, t he City Council finds that the proposed amendments revise the standards for detached ADUs on qualifying multifamily residential properties to allow up to eight detached ADUs, provided that the number of detached ADUs does not exceed the number of existing dwelling units on the lot, while leaving unchanged the existing provisions governing ADUs created within existing multifamily buildings; and WHEREAS, t he City Council finds that the proposed Development Code Amendment is consistent with the Victorville General Plan, including Housing Element Proposed Program PP-H.3, by updating the City's ADU and JADU regulations in response to changes in State housing law and by removing barriers to the development of accessory dwelling units; and
WHEREAS, the City Council finds, on their own independent judgment, that the proposed Development Code Amendment is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), as there is no possibility that the proposed amendment will have a significant effect on the environment,
as the amendment consists of text updates intended to align the Victorville Municipal Code with State law, does not authorize a specific development project, and does not expand land use entitlements or development potential beyond that already authorized by State law; and
WHEREAS, Pursuant to Title 7, Division 1, Chapter 4, Article 2 of the California Government Code and Section 16- 2.01.060 of the Victorville Municipal Code, the City Council held a duly noticed public hearing on the 18 th day of August , 2026, to hear arguments for and against the proposed Development Code amendments and, after considering all written and oral testimony, including the Planning Commission's recommendation and minutes, and after thoroughly reviewing and considering the code amendments, the City Council approved the recommendation of the Planning Commission; and
WHEREAS, t he City Council finds that all materials constituting the record of proceedings upon which its decision is based are maintained by the City of Victorville Clerk at 14343 Civic Drive, Victorville, California; and WHEREAS, t he City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by a final court action of a court of competent jurisdiction or by reason of preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect.
NOW, THEREFORE, T HE CITY COUNCIL O F T HE CITY
OF VICTORVILLE DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Recitals
The recitals set forth above are true and correct, and are hereby i ncorporated by this reference as if set forth in their entirety.
S ection 2. Certification
The C ity Clerk shall certify to the passage of this Ordinance and shall cause the same to be published according to law.
Section 3. Amendments to Title 16 of the Victorville Municipal Code S ections 16- 3.07.010, 16-3.07.030, and 16 -3.08.020 of Title 16 of the Victorville Municipal Code are hereby amended as follows (with the included legend defining editing notes and identifying existing, new, and deleted text by means of underscores, strikethroughs, and italicization for reference only).
Legend
Existing Text
New Text
Deleted Text
{Editing Notes}
T
itle 16 – Development Code
Chapter 3: Zoning and Land Use Requirements
Article 7 – Land Use and Special Requirements
S
ec. 16-3.07.010: Permitted and conditional land uses—All zoning districts *Change* T
able 7-1: Permitted, Conditional, Accessory and Temporary Land Uses - All Zoning Districts
T
Y
P
E
USE ZONE
A
E
S
R
R
1 R
2 R
3 R
4 M
D
R
RM
PD
C
1 C2/
C4
C
A
C
M
IP
D
M
1 M
2 P
C
H
W
O
ACCESSORY
30) ACCESSORY USES (Subject to Sections 16-3.07.030 & 16-3.07.040 of the V
.M.C.)
Accessory
uses up to
10% of
floor area
- - - - - - - - - P - - - - - - P
Administra
tive office
- - - - - - - - - - - - P P P - P
Day care -
family
P P P - - - P P - - - - - - - - P
Day
nursery
and day
care
facility
- - - - - - - - - - - - P P P - P
Dwelling
unit,
accessory
P P P P P P P P - - - - - - - - -
Dwelling
unit, junior
accessory
P P P P P P P P - - - - - - - - -
Gun
Sales/Am
munition
- - - - - - - - - P - - - - - - -
Home
occupation
business
(Permit
required)
P P P P P P P P - - - - - - - - -
Home
schooling
- - P - - - P - - - - - - - - - -
Outdoor
display -
retail
- - - - - - - - - P - - - - - - P
Portable
food and
beverage
cart
- - - - - - - - C C C - - - - C C
Recycling -
Automated
reverse
vending
machines
(<50 s.f.)
- - - - - - - - P P - P P P P P P
Recycling -
Small
manned
collection
facilities
(<500 s.f.)
- - - - - - - - P P - - - - - - P
Restaurant
, café or
cafeteria
- - - - - - - - - - - - P P P - P
Restaurant
w/outdoor
cooking
- - - - - - - - C P C C C - - - P
Restaurant
w/outdoor
play area
- - - - - - - - P P - - - - - - P
Restaurant
w/outdoor
seating
- - - - - - - - P P - - - - - - P
Room
rental
- P P - - - - P - - - - - - - - -
Tobacco
sales (See
Section
163.07.01
5)
- - - - - - - - - P P P P P P P P
Vehicle
repair
- P P P P P P P - - - - - - - - C
{
Editing Note: Only the provisions identified herein are amended. All other provisions of Section 16-3.07.010 and Table 7-1 shall remain unchanged.}
S
ec. 16-3.07.030: Accessory uses and structures for residential * Change*
Accessory uses and structures are permitted as noted on the Land Use Table (Table 7-1 of Section 16-3.07.010) and are subject to the following standards:
(a) A
ccessory Dwelling Units
(1) P urpose. The purpose of this section is to expand the variety of housing opportunities i n the C
ity of Victorville by implementing StateCalifornia Government Code Sections 65852.2 and 65852.2266310 through 66342 (hereinafter, "Section 65852.2", "Section 65852.22" or "Sections 65852.2 and 65852.22" “State ADU Law”) as they pertain to accessory dwelling units and junior accessory dwelling units. Implementation of these regulations will ensure that accessory dwelling units and junior accessory dwelling units are located i n ar
eas where services are adequate to support them and that accessory dwelling units are designed and maintained as a compatible and integral part of the city's residential zoning d
istricts.
(2) A pplicability .
i. In compliance with the provisions of Section 65852.2 State ADU Law, the provisions of this Chapter relating to accessory dwelling units shall apply to all lots that are occupied with an existing or proposed single- family or multi-family residential use that is zoned residential or mixed-use. Any accessory dwelling unit proposed in accordance with the allowances provided by California Government Code Section 66323 shall only be subject to those provisions of this Chapter allowed by State ADU law. ii. In compliance with the provisions of Section 65852.22State ADU Law , the provisions of this Chapter relating to junior accessory dwelling units shall apply to all lots that are occupied with an existing or proposed single -family residential use that is zo ned r
esidential. Any junior accessory dwelling unit proposed in accordance with th e allowances provided by California Government Code Section 66323 shall only be subject to those provisions of this Chapter allowed by State ADU law. (3) A pplications.
i. Applications for accessory dwelling units and junior accessory dwelling units shall be approved or denied ministerially pursuant to the requirements of this section within sixty (60) days of a determination that the application is complete, unless additional time to act on the application is allowed, as permitted by State ADU Law. ii. Applications shall be deemed complete or incomplete within fifteen (15) business days following receipt of the application. If the City determines that an application is incomplete, the City shall provide written notice identifying the items that are incomplete and describing how the application may be made complete, consistent with State ADU Law.
iii. If an application is denied, the City shall provide the applicant with written comments identifying the defective or deficient items and describing how the applicant may remedy the application, consistent with State ADU Law.
(4) G eneral Standards.
i. A pplications for accessory dwelling units and junior accessory dwelling units shall be approved or disapproved ministerially pursuant to the requirements of this section within sixty days of a determination that the application is complete, unless additional time to act on the application allowed, as permitted by Section 65852.2(a)(3) or 65852.22(c).
ii. The parcel upon which an accessory dwelling unit or junior accessory dwelling unit is to be built shall comply with all development standards for the district in which it is located as outlined in , excepting for those allowances provided by Sections 65852.2 and 65852.22 Section 16-3.08.020 of the Development Code, unless otherwise allowed by State ADU Law.
iii. An accessory dwelling unit may only be permitted on a lot zoned for residential or mixed-use on which there is already built, or constructed concurrently wi th an
ac
cessory dwelling unit, a permitted single-family or multi-family dwelling. iv. A junior accessory dwelling unit may only be permitted on a lot zoned for single-family residential uses on which there is already built, or constructed concurrently wi th an
ac
cessory dwelling unit, a permitted single-family dwelling. v. A ccessory dwelling units within a mixed-use zone may only be permitted within the residential area of the zone and any commercial or non-residential spaces, including any parking or storage areas designated for non-residential use, shall not be converted into aan accessory dwelling unit.
vi. No more than one accessory dwelling unit and one junior accessory dwelling unit shall be permitted on any parcel or lot zoned for single-family residential use, unless otherwise allowed by State ADU Law.
vii. At least one accessory dwelling unit within an existing multi-family dwelling but no more than twenty-five percent (25%) of the total number of existing multi-family dwellings on any developed parcel or lot zoned for multi-family or mixed-use shall be permitted; and not more than two eight (8) detached accessory dwelling units located on a parcel or lot that has an existing multi-family dwelling on property zoned for multi-family or mixed- use shall be permitted, provided that the number of detached accessory dwelling units shall not exceed the number of existing dwelling units on the lot. viii. An accessory dwelling unit or junior accessory dwelling unit shall have adequate water supply pursuant to specifications of the Uniform Plumbing Code. ix. Parcels on which an accessory dwelling unit is to be located must be connected to sewer, unless sewer is unavailable or unfeasible as determined by the city engineer i n
c
onjunction with a variance or other exemption from the sewer connecti on r
equirements.
x. On properties that include a junior accessory dwelling unit that shares sanitati on facilities with the primary dwelling, either the primary dwelling unit or junior accessory dwelling unit must be occupied by the property owner, unless not otherwise require d by Section 65852.22otherwise exempted by State ADU Law. xi. An accessory dwelling unit or junior accessory dwelling unit may be rented separa te fr
om the primary residence but may not be sold or otherwise conveyed separate from the primary residence, except for an accessory dwelling unit or primary dwelling tha t w
as built or developed by a qualified nonprofit corporation and is sold or conveyed i n ac
cordance with State Government Code Section 65852.26 State ADU law. xii. The rental term for an accessory dwelling unit or junior accessory dwelling unit shall not be less than thirty days.
xiii. A n accessory dwelling unit may be either attached or detached from the primary dwelling or converted from existing space within the primary dwelling; and a junior accessory dwelling unit shall be constructed within the walls of a an existing or proposed single-family residence.
xiv. Fi re sprinklers shall only be required in an accessory dwelling unit or junior accessory dwelling unit if required for the primary residential structure. xv. A t no time may the primary dwelling unit be converted to the extent that it becomes substandard in size as a single-family residence., Eexcept:
a. Tthat a one hundred fifty-square foot minimum, efficiency unit with a partial kitchen or bathroom as authorized by California Health and Safety Code Section 17958.1, s
hall be permitted upon any lot containing a single-family residence and shall be considered an accessory dwelling unit;, or
b. As otherwise required by State ADU law.
xvi. Restrictive Covenant. Prior to the issuance of a building permit for a junior accessory dwelling unit or as required by the Zoning Administrator, a restrictive covenant against the land, which is binding on the property owner and their successors in interest, shall be recorded with the office of the San Bernardino County Recorder, which specifies the following:
a. The sale of the junior accessory dwelling unit separate from the sale of the single- family residence is prohibited.
b. The s
ize and attributes of the junior accessory dwelling unit shall not exc eed the al
lowances provided Section 65852.22 by State ADU Law.
c. Owner-occupancy shall be required in either the primary dwelling or the junior accessory dwelling unit to the extent allowed by State ADU Law. (5) A ttached Accessory Dwelling Unit Development Standards. Along with the general standards prescribed by subsection ( 34), the following development standards apply to attached accessory dwelling units:
i. The m aximum size for an attached accessory dwelling unit is:
a. E ight hundred fifty square feet for accessory dwelling units with one bedroom or less, unless otherwise permitted by State ADU Law; and
b. One thousand square feet for accessory dwelling units with more than one bedroom, unless otherwise permitted by State ADU Law.
ii. No setbacks shall be required for an existing living or garage area within the primary dwelling that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit not located within existing living or garage area of the primary dwelling.
iii. No height limit shall be required for an existing living or garage area within the primary dwelling that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit; however, any accessory dwelling unit that requires modification to existin g
bui
lding height or that is not located within existing living or garage area of the primary dwelling shall not exceed twenty -five feet in height or the height limitation of the underlying zone district that applies to the primary dwelling, whichever is lower. iv. The accessory dwelling unit shall be architecturally compatible with the desi gn of the m
ain dwelling and shall match with the same colors and materials of the primary unit. v. Independent access to the accessory dwelling unit is required and shall not be located on the s
ame wall plane elevation as the access to the primary dwelling. (6) D etached Accessory Dwelling Units. Along with the general standards prescribed by subsection (3 4), the following development standards apply to detached accessory dwelling units:
i. The m aximum size for a detached accessory dwelling unit is:
a. E ight hundred fifty square feet for accessory dwelling units with one bedroom or less, unless otherwise permitted by State ADU Law; and
b. One thousand square feet for accessory dwelling units with more than one bedroom, unless otherwise permitted by State ADU Law.
ii. An accessory dwelling unit may occupy all, or a portion, of an existing detached accessory structure meeting the architectural guidelines set forth in this Chapter. iii. The driveway serving the primary dwelling shall be used to serve the accessory dwelling unit whenever feasible.
iv. The accessory dwelling unit may be metered separately from the main dwelling for gas, electricity and water/sewer services.
v. The accessory dwelling unit shall be architecturally compatible with the desi gn of the
m
ain dwelling and shall match with the same colors and materials of the primary unit. vi. No setback shall be required for an existing accessory structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit with an existing setback of at least four feet, and a setback of no more than four feet from the side and r
ear lot lines shall be required for a new accessory dwelling unit. vii. N o height limit shall be required for an existing accessory structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit; however, any accessory dwelling unit that requires modification to existing accessory structure height or
that is not located within an existing accessory structure shall not exceed sixtee n feet i
n height, except that an accessory dwelling unit may be permitted in excess of sixteen feet in height as otherwise allowed for a single-story primary dwelling and not to exceed the height of the primary dwelling or as permitted by CA Government Code Section 65852.2 otherwise permitted by State ADU Law.
(7) J unior Accessory Dwelling Units Standards. Junior accessory dwelling units that meet all of the following requirements are subject only to the application and general standards prescribed by subsections (3 & 4):
i. The junior accessory dwelling unit is contained within the existing walls and space of the pr
imary dwelling or proposed single-family residence and does not exceed fiv e hundred (500) square feet of interior livable space.
ii. The junior accessory dwelling unit has independent exterior access from the primary dwelling.
iii. The junior accessory dwelling unit includes an efficiency kitchen, which at a minimum includes:
a. A cooking facility with appliances.
b. A food preparation counter and cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
iv. The
junior accessory dwelling unit does not convert required parking for the primary residential structure located within an attached garage without the concurre nt replacement of the existing required parking within an enclosed garage elsewhere on
the property in accordance with the size, placement, and design standards of the Development Code.
iv. The junior accessory dwelling unit is architecturally compatible with the desi gn of the m
ain dwelling and includes with the same exterior colors and materials of the primary unit, as applicable.
{
Editing Note: Subsections (b) through (h) of Section 16-3.07.030 shall remain unchanged; existing subsections (a)(3) through (a)(6) shall be renumbered as subsections (a)(4) through (a)(7); and noted subsections (a)(4)(ii) through (a)(4)(xvi) shall be renumbered as (a)(4)(i) through (a)(4)(xv).}
12 Title 16 – Development Code
Chapter 3: Zoning and Land Use Requirements
Article 8 – Residential Districts
Sec. 16-3.08.020: Development Standards *Change*
Table 8-3: Accessory Dwelling Unit (ADU) Development Standards Residential
Zoning
Districts
AE S-R R-1 R-2 R-3 R-4 MDR R-MPD
Site Requirements
Maximum Lot
Coverage N/A
Off-street
Parking Off-street Parking standards shall be provided pursuant to Article 21 of this Chapter.
Maximum
quantity of
ADU’s
Total quantity of ADUs allowed shall be subject to Section 16-
3.07.030(a)(34).
Maximum
quantity of
JADU’s
1 1 1 0 0 0 1(1) 1
New ADU Requirements (in ft.)
Minimum Side
Yard Setback
(2)
4 4 4 4 4 4 4 4
Minimum Rear
Yard Setback
(2)
4 4 4 4 4 4 4 4
Maximum
Height (in ft.) (3)
Detached (4)(6) 16 16 16 16(5) 16(5) 16(5) 16(5) 16
Attached 25 25 25 25 25 25 25 25
Notes for Table 8-3:
(1) Applicable to sites developed for single-family use. (2) No setback shall be required for an existing accessory structure that is converted to an accessory dwelling unit (3) No height limit shall be required for an existing living space or garage area within the primary dwelling or an accessory structure that is converted to an accessory dwelling unit. (4) A detached accessory dwelling unit may be permitted in excess of sixteen feet in height as otherwise allowed for a single-story primary dwelling within the underlying zone district but shall not exceed the height of the primary dwelling.
(5) Height allowances shall be 18’ in multi-family zone districts when developments are in excess of one story. (6) Height allowances shall be 18’ if designed to match the roof pitch of the primary dwelling Item Number: 7
City Council / Board of Directors
Consent Calendar
Meeting of: September 1, 2026
Submitted By:
Asdghik Keyvanian, Finance Director / City Treasurer
Subject:
Payroll Demand Schedule No. 12B
Recommendation:
That the City Council and Board of Directors ratify Payroll Demand Schedule No. 12B for the payroll period of June 5, 2026, through June 19, 2026, in total amount of $2,897,553.05. This total includes:
Employee Check Nos. 34920 through 34928 in the amount of $6,410.92. Vendor Check Nos. 34929 through 34935 in the amount of $1,890.85. Advice Nos. 344557, 345157 through 345761 in the amount of $1,853,036.36; and Vendor Electronic Payments totaling $1,036,214.92.
All expenditures are consistent with the adopted Fiscal Year 2025–2026 Budget (covering July 1, 2025, through June 30, 2026).
Fiscal Impact:
A total fiscal impact of $2,897,553.05 is authorized with this action. The attached report details all payment types including employee checks, vendor checks, advices, and electronic payments.
Discussion:
I hereby certify that the claims or demands covered by the attached list of warrants have been audited as to the accuracy and availability of funds for payment thereof and that said claims or demands are accurate and the funds are available for payment thereof.
Prepared By:
Kimberly Major, Payroll Specialist
Attachments: A. Payroll Report PPE 061926
Attachment A
Payroll Report PPE 061926
Total Net
$364.20
$364.20
$2,464.56
$1,067.46
$90.26
$721.78
$1,142.88
$97.79
$97.79
6,410.92
City of Victorville
City Council Payroll Report
Payroll Period: June 05, 2026 through June 19, 2026
Employee Checks
Check Number Employee ID Check Date
34920 3310 06/26/2026
34921 3556 06/26/2026
34922 3853 06/26/2026
34923 4102 06/26/2026
34924 3773 06/26/2026
34925 3979 06/26/2026
34926 4024 06/26/2026
Checks Total
34927 4025 06/26/2026
34928 3658 06/26/2026
City of Victorville Council Payroll Report Page 1 of 19 06/26/2026 Total Net
$5.00
$50.00
$50.00
$542.03
$646.51
$422.31
$175.00
1,890.85
34929 240 06/26/2026
City of Victorville
City Council Payroll Report
Payroll Period: June 05, 2026 through June 19, 2026
Check Number Vendor ID Check Date
34930 1182 06/26/2026
34931 1182 06/26/2026
Checks Total
Vendor Checks
34934 13491 06/26/2026
34935 18154 06/26/2026
34932 1182 06/26/2026
34933 7912 06/26/2026
City of Victorville Council Payroll Report Page 2 of 19 06/26/2026 Employee ID Advice Date Total Net
4015 06/08/2026 $168.52
3396 06/26/2026 $1,027.62
4048 06/26/2026 $1,681.45
1099 06/26/2026 $1,398.43
3243 06/26/2026 $5,877.24
2115 06/26/2026 $7,299.74
3640 06/26/2026 $2,039.98
3945 06/26/2026 $778.95
3466 06/26/2026 $891.74
3551 06/26/2026 $940.76
3229 06/26/2026 $5,748.08
3918 06/26/2026 $1,315.90
3290 06/26/2026 $2,897.08
4032 06/26/2026 $1,323.45
1064 06/26/2026 $9,386.17
4051 06/26/2026 $940.76
3467 06/26/2026 $3,005.68
3909 06/26/2026 $2,151.58
2395 06/26/2026 $5,523.91
3764 06/26/2026 $2,919.28
2211 06/26/2026 $7,005.05
4094 06/26/2026 $3,101.44
3747 06/26/2026 $2,244.22
3625 06/26/2026 $1,815.86
3043 06/26/2026 $2,688.89
3964 06/26/2026 $1,285.65
3403 06/26/2026 $1,934.94
3963 06/26/2026 $1,999.04
3848 06/26/2026 $1,928.17
3957 06/26/2026 $3,279.25
3579 06/26/2026 $1,193.16
4052 06/26/2026 $2,013.49
3931 06/26/2026 $2,299.18
3913 06/26/2026 $2,493.64
3019 06/26/2026 $5,550.63
3638 06/26/2026 $4,838.36
3561 06/26/2026 $3,036.66
3630 06/26/2026 $2,342.54
4059 06/26/2026 $1,308.07
3527 06/26/2026 $2,805.86
345158
345159
345160
345161
345162
Advice Number
344557
345157
Advices
City of Victorville
City Council Payroll Report
Payroll Period: June 05, 2026 through June 19, 2026
345168
345169
345170
345171
345172
345163
345164
345165
345166
345167
345178
345179
345180
345181
345182
345173
345174
345175
345176
345177
345188
345189
345190
345191
345192
345183
345184
345185
345186
345187
345193
345194
345195
City of Victorville Council Payroll Report Page 3 of 19 06/26/2026 Employee ID Advice Date Total NetAdvice Number
Advices
City of Victorville
City Council Payroll Report
Payroll Period: June 05, 2026 through June 19, 2026
3750 06/26/2026 $2,296.45
4058 06/26/2026 $1,972.60
3516 06/26/2026 $2,315.46
3521 06/26/2026 $2,790.92
2019 06/26/2026 $3,708.61
3753 06/26/2026 $6,977.31
3915 06/26/2026 $4,621.36
3917 06/26/2026 $2,456.91
4095 06/26/2026 $2,271.20
3744 06/26/2026 $4,138.85
2606 06/26/2026 $3,454.37
3660 06/26/2026 $2,103.53
3914 06/26/2026 $2,669.15
1635 06/26/2026 $5,310.12
3327 06/26/2026 $2,629.31
3752 06/26/2026 $4,116.59
3920 06/26/2026 $2,391.61
3912 06/26/2026 $1,662.32
3727 06/26/2026 $1,860.96
3911 06/26/2026 $2,096.08
2618 06/26/2026 $4,495.90
4039 06/26/2026 $2,510.29
3845 06/26/2026 $5,518.72
2619 06/26/2026 $4,656.58
3586 06/26/2026 $2,513.61
3916 06/26/2026 $2,628.49
3889 06/26/2026 $2,050.99
3045 06/26/2026 $2,937.32
3755 06/26/2026 $2,317.06
3608 06/26/2026 $5,137.82
3758 06/26/2026 $4,395.56
3817 06/26/2026 $2,255.73
4081 06/26/2026 $1,855.13
3953 06/26/2026 $1,591.76
3362 06/26/2026 $2,883.17
2297 06/26/2026 $3,206.12
2232 06/26/2026 $5,455.26
1957 06/26/2026 $4,400.46
3809 06/26/2026 $2,175.53
3085 06/26/2026 $2,907.92
345198
345199
345200
345201
345202
345196
345197
345208
345209
345210
345211
345212
345203
345204
345205
345206
345207
345218
345219
345220
345221
345222
345213
345214
345215
345216
345217
345228
345229
345230
345231
345232
345223
345224
345225
345226
345227
345233
345234
345235
City of Victorville Council Payroll Report Page 4 of 19 06/26/2026 Employee ID Advice Date Total NetAdvice Number
Advices
City of Victorville
City Council Payroll Report
Payroll Period: June 05, 2026 through June 19, 2026
3714 06/26/2026 $2,359.66
3742 06/26/2026 $3,984.62
4107 06/26/2026 $2,151.10
3863 06/26/2026 $2,763.79
3879 06/26/2026 $2,184.56
3846 06/26/2026 $4,323.95
4082 06/26/2026 $2,615.63
3987 06/26/2026 $4,582.86
3868 06/26/2026 $2,927.61
2102 06/26/2026 $4,760.70
4071 06/26/2026 $1,972.99
3997 06/26/2026 $2,521.88
4083 06/26/2026 $2,713.87
3865 06/26/2026 $2,517.86
2032 06/26/2026 $5,283.12
3499 06/26/2026 $2,983.15
3703 06/26/2026 $2,289.44
2323 06/26/2026 $6,856.08
3502 06/26/2026 $2,764.99
3508 06/26/2026 $2,927.99
2225 06/26/2026 $5,887.63
3221 06/26/2026 $3,314.53
3949 06/26/2026 $364.20
4063 06/26/2026 $364.20
3757 06/26/2026 $3,737.01
3998 06/26/2026 $3,092.57
3700 06/26/2026 $2,402.97
3966 06/26/2026 $2,347.96
2254 06/26/2026 $4,395.82
3618 06/26/2026 $2,629.60
3354 06/26/2026 $3,883.78
3400 06/26/2026 $3,028.81
3933 06/26/2026 $1,174.56
3544 06/26/2026 $2,295.06
4057 06/26/2026 $2,222.15
2742 06/26/2026 $3,488.33
3934 06/26/2026 $4,249.47
3746 06/26/2026 $3,125.01
3089 06/26/2026 $3,909.63
3641 06/26/2026 $2,358.29
345238
345239
345240
345241
345242
345236
345237
345248
345249
345250
345251
345252
345243
345244
345245
345246
345247
345258
345259
345260
345261
345262
345253
345254
345255
345256
345257
345268
345269
345270
345271
345272
345263
345264
345265
345266
345267
345273
345274
345275
City of Victorville Council Payroll Report Page 5 of 19 06/26/2026 Employee ID Advice Date Total NetAdvice Number
Advices
City of Victorville
City Council Payroll Report
Payroll Period: June 05, 2026 through June 19, 2026
3854 06/26/2026 $3,045.66
3634 06/26/2026 $3,006.95
3805 06/26/2026 $2,972.30
2249 06/26/2026 $6,386.53
3650 06/26/2026 $2,013.48
3938 06/26/2026 $1,787.15
3576 06/26/2026 $1,904.63
3876 06/26/2026 $2,670.22
3663 06/26/2026 $571.70
3541 06/26/2026 $3,183.54
2499 06/26/2026 $4,290.65
3379 06/26/2026 $3,129.10
3694 06/26/2026 $2,565.46
4004 06/26/2026 $1,217.98
3737 06/26/2026 $288.52
2105 06/26/2026 $5,731.07
3474 06/26/2026 $3,466.18
4038 06/26/2026 $2,011.27
2515 06/26/2026 $5,937.76
3636 06/26/2026 $3,018.87
2679 06/26/2026 $4,156.01
3490 06/26/2026 $2,723.34
3475 06/26/2026 $3,355.17
2181 06/26/2026 $5,472.21
4097 06/26/2026 $1,250.96
3880 06/26/2026 $1,319.77
3542 06/26/2026 $3,834.99
3731 06/26/2026 $4,769.58
1955 06/26/2026 $4,629.10
3943 06/26/2026 $2,515.87
3719 06/26/2026 $2,667.70
1632 06/26/2026 $3,999.16
3736 06/26/2026 $4,992.84
3692 06/26/2026 $2,755.72
3881 06/26/2026 $1,272.02
3732 06/26/2026 $3,186.58
3944 06/26/2026 $1,243.92
3148 06/26/2026 $3,221.35
3808 06/26/2026 $3,693.32
3195 06/26/2026 $2,814.54
345278
345279
345280
345281
345282
345276
345277
345288
345289
345290
345291
345292
345283
345284
345285
345286
345287
345298
345299
345300
345301
345302
345293
345294
345295
345296
345297
345308
345309
345310
345311
345312
345303
345304
345305
345306
345307
345313
345314
345315
City of Victorville Council Payroll Report Page 6 of 19 06/26/2026 Employee ID Advice Date Total NetAdvice Number
Advices
City of Victorville
City Council Payroll Report
Payroll Period: June 05, 2026 through June 19, 2026
3884 06/26/2026 $1,342.22
4005 06/26/2026 $1,449.22
3353 06/26/2026 $2,824.83
3626 06/26/2026 $3,671.93
3602 06/26/2026 $4,403.96
3112 06/26/2026 $2,077.49
3185 06/26/2026 $3,335.00
2605 06/26/2026 $3,752.65
3505 06/26/2026 $5,549.47
4098 06/26/2026 $3,475.80
4049 06/26/2026 $2,829.25
4002 06/26/2026 $2,483.34
2259 06/26/2026 $4,993.67
3628 06/26/2026 $2,607.71
3068 06/26/2026 $2,586.67
3702 06/26/2026 $2,390.86
3633 06/26/2026 $3,078.69
3129 06/26/2026 $4,299.56
3816 06/26/2026 $3,225.27
3543 06/26/2026 $2,325.50
3303 06/26/2026 $4,192.32
3802 06/26/2026 $2,834.93
3558 06/26/2026 $3,026.46
1655 06/26/2026 $7,234.30
4008 06/26/2026 $2,664.10
1776 06/26/2026 $4,354.42
2600 06/26/2026 $4,285.35
2655 06/26/2026 $2,519.33
3393 06/26/2026 $2,404.89
3749 06/26/2026 $2,759.45
2522 06/26/2026 $4,648.93
2339 06/26/2026 $4,211.18
3878 06/26/2026 $4,516.99
1503 06/26/2026 $4,139.00
2505 06/26/2026 $4,275.02
1970 06/26/2026 $3,880.32
3113 06/26/2026 $2,385.27
1520 06/26/2026 $4,093.92
3273 06/26/2026 $2,598.72
3821 06/26/2026 $1,704.84
345318
345319
345320
345321
345322
345316
345317
345328
345329
345330
345331
345332
345323
345324
345325
345326
345327
345338
345339
345340
345341
345342
345333
345334
345335
345336
345337
345348
345349
345350
345351
345352
345343
345344
345345
345346
345347
345353
345354
345355
City of Victorville Council Payroll Report Page 7 of 19 06/26/2026 Employee ID Advice Date Total NetAdvice Number
Advices
City of Victorville
City Council Payroll Report
Payroll Period: June 05, 2026 through June 19, 2026
1497 06/26/2026 $7,282.69
3537 06/26/2026 $3,519.55
2540 06/26/2026 $4,451.84
3513 06/26/2026 $2,654.41
3685 06/26/2026 $2,159.37
2034 06/26/2026 $6,475.97
3792 06/26/2026 $1,707.34
3871 06/26/2026 $2,461.49
3852 06/26/2026 $1,834.11
4072 06/26/2026 $1,243.92
3051 06/26/2026 $2,576.06
1750 06/26/2026 $4,281.11
2770 06/26/2026 $2,659.36
4068 06/26/2026 $1,814.42
2228 06/26/2026 $4,020.18
3827 06/26/2026 $3,735.68
3726 06/26/2026 $2,074.21
3748 06/26/2026 $2,242.78
3101 06/26/2026 $3,039.82
3335 06/26/2026 $2,560.20
3284 06/26/2026 $4,088.85
4016 06/26/2026 $2,299.78
3840 06/26/2026 $2,546.66
4073 06/26/2026 $1,243.92
2312 06/26/2026 $3,583.21
3510 06/26/2026 $3,769.48
2248 06/26/2026 $3,723.92
3622 06/26/2026 $2,333.66
3788 06/26/2026 $1,868.68
2189 06/26/2026 $4,174.27
3560 06/26/2026 $2,132.62
3509 06/26/2026 $2,481.80
4062 06/26/2026 $2,212.18
1121 06/26/2026 $3,558.38
3968 06/26/2026 $3,729.19
3149 06/26/2026 $2,854.87
1865 06/26/2026 $3,760.55
3479 06/26/2026 $1,950.01
1723 06/26/2026 $2,835.00
3707 06/26/2026 $2,154.72
345358
345359
345360
345361
345362
345356
345357
345368
345369
345370
345371
345372
345363
345364
345365
345366
345367
345378
345379
345380
345381
345382
345373
345374
345375
345376
345377
345388
345389
345390
345391
345392
345383
345384
345385
345386
345387
345393
345394
345395
City of Victorville Council Payroll Report Page 8 of 19 06/26/2026 Employee ID Advice Date Total NetAdvice Number
Advices
City of Victorville
City Council Payroll Report
Payroll Period: June 05, 2026 through June 19, 2026
3572 06/26/2026 $2,108.42
2531 06/26/2026 $4,117.45
1513 06/26/2026 $3,463.32
3283 06/26/2026 $3,729.70
2118 06/26/2026 $2,594.24
3387 06/26/2026 $1,927.61
3330 06/26/2026 $2,040.47
2681 06/26/2026 $6,640.69
3988 06/26/2026 $4,030.70
1612 06/26/2026 $2,825.94
3610 06/26/2026 $1,333.69
3277 06/26/2026 $2,112.76
3287 06/26/2026 $2,236.11
3037 06/26/2026 $3,264.05
1449 06/26/2026 $4,085.86
2111 06/26/2026 $4,325.89
2677 06/26/2026 $6,995.74
3984 06/26/2026 $3,473.58
3688 06/26/2026 $1,998.81
3341 06/26/2026 $3,568.98
3970 06/26/2026 $1,651.51
2383 06/26/2026 $3,144.23
3687 06/26/2026 $1,722.39
3130 06/26/2026 $2,312.33
2489 06/26/2026 $2,410.88
4067 06/26/2026 $1,775.22
3733 06/26/2026 $2,489.27
3361 06/26/2026 $2,865.31
3285 06/26/2026 $3,019.75
1529 06/26/2026 $2,852.16
3624 06/26/2026 $2,546.59
3139 06/26/2026 $2,134.82
3099 06/26/2026 $3,478.62
4069 06/26/2026 $1,737.92
3994 06/26/2026 $2,418.23
3346 06/26/2026 $2,045.95
3969 06/26/2026 $1,784.25
3536 06/26/2026 $3,971.19
3722 06/26/2026 $2,598.54
1254 06/26/2026 $3,249.15
345398
345399
345400
345401
345402
345396
345397
345408
345409
345410
345411
345412
345403
345404
345405
345406
345407
345418
345419
345420
345421
345422
345413
345414
345415
345416
345417
345428
345429
345430
345431
345432
345423
345424
345425
345426
345427
345433
345434
345435
City of Victorville Council Payroll Report Page 9 of 19 06/26/2026 Employee ID Advice Date Total NetAdvice Number
Advices
City of Victorville
City Council Payroll Report
Payroll Period: June 05, 2026 through June 19, 2026
3187 06/26/2026 $2,568.24
3804 06/26/2026 $2,685.61
2368 06/26/2026 $3,700.16
3532 06/26/2026 $2,838.53
3192 06/26/2026 $2,556.32
3100 06/26/2026 $3,744.57
3796 06/26/2026 $1,748.13
1338 06/26/2026 $6,625.53
2229 06/26/2026 $3,078.12
4001 06/26/2026 $3,623.51
1049 06/26/2026 $2,304.34
1506 06/26/2026 $2,370.43
3004 06/26/2026 $2,447.28
2833 06/26/2026 $3,161.16
3794 06/26/2026 $2,091.93
2798 06/26/2026 $3,084.50
3265 06/26/2026 $2,445.20
1932 06/26/2026 $3,293.82
3279 06/26/2026 $1,803.77
2460 06/26/2026 $3,696.54
3874 06/26/2026 $2,327.16
3671 06/26/2026 $2,130.82
2732 06/26/2026 $2,576.14
3823 06/26/2026 $1,964.31
3338 06/26/2026 $1,734.94
2552 06/26/2026 $2,985.89
2476 06/26/2026 $4,394.68
2279 06/26/2026 $3,431.35
3515 06/26/2026 $6,437.06
3092 06/26/2026 $3,190.62
3836 06/26/2026 $2,222.29
3512 06/26/2026 $2,909.01
3146 06/26/2026 $3,576.65
2590 06/26/2026 $3,899.88
2748 06/26/2026 $2,755.80
3709 06/26/2026 $5,297.21
2669 06/26/2026 $4,740.41
2623 06/26/2026 $3,411.78
2637 06/26/2026 $3,402.10
3972 06/26/2026 $5,178.62
345438
345439
345440
345441
345442
345436
345437
345448
345449
345450
345451
345452
345443
345444
345445
345446
345447
345458
345459
345460
345461
345462
345453
345454
345455
345456
345457
345468
345469
345470
345471
345472
345463
345464
345465
345466
345467
345473
345474
345475
City of Victorville Council Payroll Report Page 10 of 19 06/26/2026 Employee ID Advice Date Total NetAdvice Number
Advices
City of Victorville
City Council Payroll Report
Payroll Period: June 05, 2026 through June 19, 2026
2638 06/26/2026 $7,425.80
3803 06/26/2026 $2,354.76
3109 06/26/2026 $4,010.17
2671 06/26/2026 $5,206.88
2593 06/26/2026 $3,811.30
3328 06/26/2026 $2,500.68
3461 06/26/2026 $2,030.69
2626 06/26/2026 $4,350.32
3621 06/26/2026 $2,083.41
3937 06/26/2026 $3,352.22
3038 06/26/2026 $4,210.81
3052 06/26/2026 $2,476.86
2290 06/26/2026 $3,608.53
3716 06/26/2026 $1,903.36
3110 06/26/2026 $3,146.94
2641 06/26/2026 $1,603.57
2612 06/26/2026 $2,895.46
2642 06/26/2026 $3,704.87
3705 06/26/2026 $2,777.54
3331 06/26/2026 $2,373.49
2674 06/26/2026 $3,652.10
3231 06/26/2026 $2,848.56
3228 06/26/2026 $3,418.48
2628 06/26/2026 $3,878.05
2630 06/26/2026 $3,782.91
3182 06/26/2026 $3,543.72
2599 06/26/2026 $2,938.65
2683 06/26/2026 $3,060.66
2753 06/26/2026 $3,051.95
2610 06/26/2026 $5,839.05
3323 06/26/2026 $1,908.53
1389 06/26/2026 $5,392.10
2808 06/26/2026 $3,674.14
2646 06/26/2026 $5,119.88
3617 06/26/2026 $2,565.58
4070 06/26/2026 $2,232.34
2524 06/26/2026 $5,007.86
2686 06/26/2026 $2,968.58
3942 06/26/2026 $1,889.27
2193 06/26/2026 $3,402.71
345478
345479
345480
345481
345482
345476
345477
345488
345489
345490
345491
345492
345483
345484
345485
345486
345487
345498
345499
345500
345501
345502
345493
345494
345495
345496
345497
345508
345509
345510
345511
345512
345503
345504
345505
345506
345507
345513
345514
345515
City of Victorville Council Payroll Report Page 11 of 19 06/26/2026 Employee ID Advice Date Total NetAdvice Number
Advices
City of Victorville
City Council Payroll Report
Payroll Period: June 05, 2026 through June 19, 2026
3629 06/26/2026 $4,530.21
3230 06/26/2026 $4,849.47
2038 06/26/2026 $2,968.30
3985 06/26/2026 $2,118.88
2678 06/26/2026 $5,463.41
3240 06/26/2026 $4,801.14
4040 06/26/2026 $1,771.86
3215 06/26/2026 $3,255.32
3140 06/26/2026 $2,480.88
3035 06/26/2026 $2,574.78
4020 06/26/2026 $1,302.88
3651 06/26/2026 $2,491.06
3299 06/26/2026 $2,185.30
4036 06/26/2026 $1,136.84
1853 06/26/2026 $4,025.43
3729 06/26/2026 $1,866.34
2343 06/26/2026 $2,651.35
4078 06/26/2026 $1,257.96
4103 06/26/2026 $1,071.93
3959 06/26/2026 $1,294.74
3497 06/26/2026 $1,953.64
2377 06/26/2026 $4,344.53
1426 06/26/2026 $2,245.76
3105 06/26/2026 $2,234.14
3890 06/26/2026 $994.38
4010 06/26/2026 $1,439.29
4076 06/26/2026 $1,321.16
3386 06/26/2026 $2,917.89
3191 06/26/2026 $2,780.20
3922 06/26/2026 $1,738.97
2488 06/26/2026 $1,934.04
3496 06/26/2026 $1,757.00
4021 06/26/2026 $781.80
3482 06/26/2026 $2,347.09
3611 06/26/2026 $2,170.91
3724 06/26/2026 $1,243.92
3011 06/26/2026 $2,388.80
4096 06/26/2026 $1,538.39
3623 06/26/2026 $1,628.65
3768 06/26/2026 $740.00
345518
345519
345520
345521
345522
345516
345517
345528
345529
345530
345531
345532
345523
345524
345525
345526
345527
345538
345539
345540
345541
345542
345533
345534
345535
345536
345537
345548
345549
345550
345551
345552
345543
345544
345545
345546
345547
345553
345554
345555
City of Victorville Council Payroll Report Page 12 of 19 06/26/2026 Employee ID Advice Date Total NetAdvice Number
Advices
City of Victorville
City Council Payroll Report
Payroll Period: June 05, 2026 through June 19, 2026
3580 06/26/2026 $2,142.38
3905 06/26/2026 $651.70
3939 06/26/2026 $2,341.69
3873 06/26/2026 $1,196.46
3270 06/26/2026 $2,841.24
4000 06/26/2026 $2,158.87
3263 06/26/2026 $2,650.48
3795 06/26/2026 $2,706.53
3252 06/26/2026 $3,265.38
3295 06/26/2026 $2,112.78
3257 06/26/2026 $3,574.39
3184 06/26/2026 $3,986.45
3070 06/26/2026 $2,581.53
3902 06/26/2026 $262.59
3689 06/26/2026 $1,883.84
4012 06/26/2026 $1,449.22
4106 06/26/2026 $1,555.29
3288 06/26/2026 $2,099.96
4104 06/26/2026 $1,468.63
3767 06/26/2026 $944.41
1866 06/26/2026 $4,165.16
3774 06/26/2026 $484.53
3791 06/26/2026 $1,250.95
3950 06/26/2026 $3,688.16
3936 06/26/2026 $1,328.18
4074 06/26/2026 $1,957.98
3772 06/26/2026 $525.18
3340 06/26/2026 $1,237.03
3766 06/26/2026 $1,063.02
3822 06/26/2026 $1,180.72
1282 06/26/2026 $4,271.36
3481 06/26/2026 $4,432.13
2379 06/26/2026 $3,885.39
4028 06/26/2026 $1,257.95
3813 06/26/2026 $1,016.80
3904 06/26/2026 $1,076.37
3672 06/26/2026 $1,482.68
3980 06/26/2026 $586.78
3656 06/26/2026 $1,134.87
3892 06/26/2026 $696.91
345558
345559
345560
345561
345562
345556
345557
345568
345569
345570
345571
345572
345563
345564
345565
345566
345567
345578
345579
345580
345581
345582
345573
345574
345575
345576
345577
345588
345589
345590
345591
345592
345583
345584
345585
345586
345587
345593
345594
345595
City of Victorville Council Payroll Report Page 13 of 19 06/26/2026 Employee ID Advice Date Total NetAdvice Number
Advices
City of Victorville
City Council Payroll Report
Payroll Period: June 05, 2026 through June 19, 2026
3789 06/26/2026 $4,601.93
3793 06/26/2026 $2,499.24
3775 06/26/2026 $648.01
2478 06/26/2026 $1,913.99
3974 06/26/2026 $1,105.22
1287 06/26/2026 $4,556.57
3973 06/26/2026 $2,239.87
4064 06/26/2026 $1,250.22
4014 06/26/2026 $1,257.96
2711 06/26/2026 $2,475.77
3900 06/26/2026 $237.97
4077 06/26/2026 $1,328.18
3798 06/26/2026 $1,250.96
3258 06/26/2026 $3,886.65
4017 06/26/2026 $1,328.18
3259 06/26/2026 $2,153.46
4031 06/26/2026 $1,407.65
3507 06/26/2026 $2,685.52
3790 06/26/2026 $1,091.87
3531 06/26/2026 $3,757.64
3655 06/26/2026 $1,506.69
3986 06/26/2026 $1,213.28
3897 06/26/2026 $893.12
3814 06/26/2026 $1,084.01
3639 06/26/2026 $1,697.78
3587 06/26/2026 $1,016.80
3901 06/26/2026 $414.40
3029 06/26/2026 $2,908.24
4105 06/26/2026 $1,243.92
3190 06/26/2026 $10,526.92
1959 06/26/2026 $3,564.48
3250 06/26/2026 $2,272.38
3824 06/26/2026 $1,328.18
4007 06/26/2026 $2,657.37
3609 06/26/2026 $1,680.95
3770 06/26/2026 $492.35
3492 06/26/2026 $894.73
3866 06/26/2026 $1,383.16
3910 06/26/2026 $986.70
3725 06/26/2026 $1,185.83
345598
345599
345600
345601
345602
345596
345597
345608
345609
345610
345611
345612
345603
345604
345605
345606
345607
345618
345619
345620
345621
345622
345613
345614
345615
345616
345617
345628
345629
345630
345631
345632
345623
345624
345625
345626
345627
345633
345634
345635
City of Victorville Council Payroll Report Page 14 of 19 06/26/2026 Employee ID Advice Date Total NetAdvice Number
Advices
City of Victorville
City Council Payroll Report
Payroll Period: June 05, 2026 through June 19, 2026
3777 06/26/2026 $77.96
4033 06/26/2026 $2,203.12
4011 06/26/2026 $1,407.65
3867 06/26/2026 $1,715.53
3368 06/26/2026 $2,160.18
1767 06/26/2026 $3,773.72
4047 06/26/2026 $1,761.23
4046 06/26/2026 $1,818.47
3627 06/26/2026 $3,455.30
2006 06/26/2026 $6,049.58
1533 06/26/2026 $4,019.08
3761 06/26/2026 $3,461.58
2684 06/26/2026 $2,143.74
4066 06/26/2026 $4,339.30
3923 06/26/2026 $1,669.06
3967 06/26/2026 $2,253.56
3079 06/26/2026 $2,325.96
1966 06/26/2026 $4,674.71
4056 06/26/2026 $2,128.42
3388 06/26/2026 $3,204.37
2355 06/26/2026 $3,399.28
3696 06/26/2026 $3,049.09
3500 06/26/2026 $4,642.37
3620 06/26/2026 $2,427.49
2039 06/26/2026 $2,973.10
3838 06/26/2026 $2,292.23
3281 06/26/2026 $2,336.72
3550 06/26/2026 $3,033.62
3348 06/26/2026 $2,598.18
3862 06/26/2026 $1,599.41
3807 06/26/2026 $2,305.55
3081 06/26/2026 $2,470.73
4055 06/26/2026 $2,146.79
3523 06/26/2026 $5,301.77
3271 06/26/2026 $2,366.46
2330 06/26/2026 $4,844.11
2795 06/26/2026 $321.66
3888 06/26/2026 $2,278.45
3437 06/26/2026 $6,209.46
3421 06/26/2026 $6,829.73
345638
345639
345640
345641
345642
345636
345637
345648
345649
345650
345651
345652
345643
345644
345645
345646
345647
345658
345659
345660
345661
345662
345653
345654
345655
345656
345657
345668
345669
345670
345671
345672
345663
345664
345665
345666
345667
345673
345674
345675
City of Victorville Council Payroll Report Page 15 of 19 06/26/2026 Employee ID Advice Date Total NetAdvice Number
Advices
City of Victorville
City Council Payroll Report
Payroll Period: June 05, 2026 through June 19, 2026
3439 06/26/2026 $4,044.18
3440 06/26/2026 $4,530.82
3441 06/26/2026 $3,348.68
3473 06/26/2026 $5,180.42
3820 06/26/2026 $5,176.82
3406 06/26/2026 $5,342.38
3422 06/26/2026 $6,991.02
4092 06/26/2026 $2,186.12
3442 06/26/2026 $8,283.36
3433 06/26/2026 $4,120.83
4091 06/26/2026 $2,315.71
3424 06/26/2026 $5,980.41
3414 06/26/2026 $5,281.36
3704 06/26/2026 $5,846.76
3734 06/26/2026 $7,171.63
3832 06/26/2026 $5,686.49
3799 06/26/2026 $3,191.27
3886 06/26/2026 $6,176.20
3859 06/26/2026 $3,520.31
3443 06/26/2026 $6,861.40
3600 06/26/2026 $4,773.53
3711 06/26/2026 $3,989.08
3928 06/26/2026 $4,193.44
3715 06/26/2026 $3,711.80
3444 06/26/2026 $6,255.37
3583 06/26/2026 $3,284.99
3952 06/26/2026 $1,665.67
3594 06/26/2026 $3,389.58
4089 06/26/2026 $2,315.71
3409 06/26/2026 $5,045.00
3856 06/26/2026 $5,119.67
3426 06/26/2026 $7,383.49
3860 06/26/2026 $5,751.54
3642 06/26/2026 $4,173.43
3996 06/26/2026 $3,422.30
3410 06/26/2026 $2,340.15
3828 06/26/2026 $4,582.49
3427 06/26/2026 $2,778.47
2233 06/26/2026 $3,965.12
3411 06/26/2026 $5,592.01
345678
345679
345680
345681
345682
345676
345677
345688
345689
345690
345691
345692
345683
345684
345685
345686
345687
345698
345699
345700
345701
345702
345693
345694
345695
345696
345697
345708
345709
345710
345711
345712
345703
345704
345705
345706
345707
345713
345714
345715
City of Victorville Council Payroll Report Page 16 of 19 06/26/2026 Employee ID Advice Date Total NetAdvice Number
Advices
City of Victorville
City Council Payroll Report
Payroll Period: June 05, 2026 through June 19, 2026
3448 06/26/2026 $4,298.50
3833 06/26/2026 $4,349.36
3449 06/26/2026 $4,035.57
3428 06/26/2026 $4,471.28
3858 06/26/2026 $4,427.44
3429 06/26/2026 $3,792.75
3451 06/26/2026 $4,354.40
3595 06/26/2026 $2,969.31
3430 06/26/2026 $5,081.20
4086 06/26/2026 $2,568.00
3452 06/26/2026 $3,968.54
3417 06/26/2026 $5,469.41
4084 06/26/2026 $2,556.50
3431 06/26/2026 $6,718.82
3242 06/26/2026 $3,472.28
3857 06/26/2026 $3,731.03
4006 06/26/2026 $4,790.14
4090 06/26/2026 $2,315.71
3419 06/26/2026 $5,177.62
4087 06/26/2026 $2,308.39
3991 06/26/2026 $3,267.98
4037 06/26/2026 $2,113.80
3524 06/26/2026 $5,062.70
3412 06/26/2026 $5,024.02
3829 06/26/2026 $5,622.76
3420 06/26/2026 $2,989.80
3921 06/26/2026 $6,391.29
3435 06/26/2026 $4,220.30
3800 06/26/2026 $6,717.06
4088 06/26/2026 $2,571.23
3432 06/26/2026 $4,355.71
3408 06/26/2026 $3,324.42
3456 06/26/2026 $6,268.91
3947 06/26/2026 $2,153.41
3763 06/26/2026 $3,884.84
3743 06/26/2026 $2,528.33
3591 06/26/2026 $6,211.00
4085 06/26/2026 $2,667.37
3855 06/26/2026 $5,792.47
3831 06/26/2026 $3,856.96
345718
345719
345720
345721
345722
345716
345717
345728
345729
345730
345731
345732
345723
345724
345725
345726
345727
345738
345739
345740
345741
345742
345733
345734
345735
345736
345737
345748
345749
345750
345751
345752
345743
345744
345745
345746
345747
345753
345754
345755
City of Victorville Council Payroll Report Page 17 of 19 06/26/2026 Employee ID Advice Date Total NetAdvice Number
Advices
City of Victorville
City Council Payroll Report
Payroll Period: June 05, 2026 through June 19, 2026
3434 06/26/2026 $3,291.89
4045 06/26/2026 $1,279.18
4044 06/26/2026 $977.37
3971 06/26/2026 $1,227.96
4042 06/26/2026 $478.28
4043 06/26/2026 $943.83
Advices Total 1,853,036.36
345758
345759
345760
345761
345756
345757
City of Victorville Council Payroll Report Page 18 of 19 06/26/2026 Payment Date Total Gross
IRS 06/26/2026 $335,381.82
State Taxes 06/26/2026 $98,410.42
CASDU 06/26/2026 $7,172.22
Deferred Comp (457) 06/29/2026 $109,472.02
Deferred Comp (401a) 06/29/2026 $371.14
PERS 06/30/2026 $16,190.14
PERS 07/20/2026 $460,984.16
Confidential Garnishment 06/25/2026 $423.00
VV Firefighter's Union 06/25/2026 $7,810.00
Electronic Vendor Payments Total 1,036,214.92
Electronic Vendor Payments
Vendor
City of Victorville
City Council Payroll Report
Payroll Period: June 05, 2026 through June 19, 2026
City of Victorville Council Payroll Report Page 19 of 19 06/26/2026 Item Number: 8
City Council / Board of Directors
Consent Calendar
Meeting of: September 1, 2026
Submitted By:
Jennifer Thompson, City Clerk
Subject:
Minutes of the August 18, 2026, Regular City Council Meeting Recommendation:
That the Honorable City Council approve the minutes of the Regular City Council Meeting held on August 18, 2026.
Fiscal Impact:
There is no fiscal impact as a result of this action.
Prepared By:
Denise A. Salazar, Deputy City Clerk
Attachments: A. Minutes of the August 18, 2026, Regular City Council Meeting Attachment A
Minutes of the August 18,
2026, Regular City Council
Meeting
City Council Chambers
14343 Civic Drive
Victorville, CA
www.victorvilleca.gov
VICTORVILLE CITY COUNCIL
VICTORVILLE LIBRARY BOARD OF TRUSTEES
SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
THE CITY AS HOUSING ASSETS SUCCESSOR
JOINT POWERS FINANCING AUTHORITY
VICTORVILLE WATER DISTRICT
Regular Meeting Minutes
Tuesday, August 18, 2026
5:00 p.m. Closed Session
6:00 p.m. Regular Session
5:00 p.m. Closed Session
Call to Order
Roll Call
Present: Council Member Gaudin, Council Member Irving, Council Member Mora, Mayor Pro Tem Harriman, Mayor Becerra
Absent: None
Public Comments for Closed Session Items
None
Declaration of Closed Session Item(s) by City Attorney
City Attorney Andre de Bortnowsky announced one (1) closed session item, as set forth on the agenda.
CITY COUNCIL
A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Initiation of litigation pursuant to Government Code Section 54956.9(d)(4) Number of potential cases: One (1)
Based on existing facts and circumstances, the City Council has decided or is deciding whether to initiate litigation.
Recess to Closed Session
6:00 p.m. Regular Session
Call to Order
Roll Call
Present: Council Member Gaudin, Council Member Irving, Council Member Mora, Mayor Pro Tem Harriman, Mayor Becerra
Absent: None
Also Present:
City Manager Keith C. Metzler, Deputy City Manager Jenele Davidson, Deputy City Manager Scott Webb, Deputy City
Manager Tony Camargo, City Attorney Andre de
Bortnowsky, City Clerk Jennifer Thompson
Closed Session Announcements by the City Attorney
City Attorney Andre de Bortnowsky announced one (1) closed session item as set for on the agenda. There were no reportable actions with respect to this item.
Invocation: Pastor Dane Davis with Impact Christian Church
Pledge of Allegiance: Police Captain Jerry Davenport
Proclamations/Special Presentations
Presentation of New Hires and Promotions to City Council by Human Resources Officer Heather Barber
2026 Fireworks Enforcement Presentation by Code Enforcement Official Jorge Duran and Fire Chief Bobby Clemmer
City Clerk Presents Agenda/Revisions to Agenda
City Clerk Thompson announced one (1) revision
Revision to item 26:
Revised Page No. 7 of Attachment B Engineering 5- Year Road CIP Plan to update the Project Location Map. The map has been corrected to reflect the project limits from George Boulevard to Phantom West. No textual changes were made; this revision updates the image only.
Conflict of Interest Declarations
Mayor Becerra recused herself from voting on Consent Calendar Item 12, due to living in close proximity to the sidewalk project on Village Drive.
Introduction to Public Comments
City Clerk Thompson provided an opening statement regarding public comments
Public Comments
The following people spoke:
Nettie Taylor spoke on general items
City Clerk Thompson stated that a Public Comment received via email was provided to the City Council and posted on the City website.
PUBLIC HEARING(S)
1. An Amendment to Title 16 (Zoning Ordinance) of the Victorville Municipal Code with an Environmental Exemption to update the City's Accessory Dwelling Unit (ADU) and Junior Accessory Dwelling Unit (JADU) standards for consistency with current California law
Recommendation:
That the Honorable City Council:
(1) Open and conduct a Public Hearing to receive public testimony; (2) Close the Public Hearing;
(3) Find the Victorville Municipal Code Amendment categorically exempt per CEQA Guidelines Section 15061(b)(3);
(4) Introduce Ordinance No. 2469 for adoption and first reading by title only to amend the Victorville Municipal Code; and
(5) Waive a further reading in full of proposed Ordinance No. 2469.
Presentation by City Planner Alex Jauregui
Questions ensued
The Chair opened the Public Hearing
There were no speakers
The Chair closed the Public Hearing
Motion was made to approve staff recommendations for points 3 through 5
Moved: Council Member Gaudin
Seconded: Council Member Irving
Comments ensued
Motion passed 5-0
Ayes: Council Member Gaudin, Council Member Irving, Council Member Mora, Mayor Pro Tem Harriman, Mayor Becerra
CONSENT CALENDAR
2. Commercial Demand Schedule No. 01
Recommendation:
That the City Council and Board of Directors ratify Commercial Demand Schedule No. 01 for the period of June 25, 2026, through July 08, 2026, in total amount of $6,300,821.54. This total includes:
Electronic Fund Transfers No. 350132 through 350271 and Warrant No. 804413 through 804552 in the amount of $6,300,821.54.
All are consistent with the adopted Fiscal Year 2025- 2026 Budget (covering July 1, 2025, through June 30, 2026) and Fiscal Year 2026- 2027 Budget (covering July 1, 2026, through June 30, 2027).
3. Minutes of the Regular City Council Meetings of June 2, June 16, and July 21, 2026, and the Special City Council Meeting of July 30, 2026
Recommendation:
That the Honorable City Council approve the minutes of the Regular City Council Meetings held on June 2, June 16, and July 21, 2026, and the Special City Council Meeting held on July 30, 2026.
4. Reduction of Securities for Tract Map No. 20560
Recommendation:
That the Honorable City Council approve the full release of the Water, Drainage, Street, and Traffic Signal Public Improvement Labor and Materials Securities for Tract Map No. 20560.
5. Commercial Demand Schedule No. 02
Recommendation:
That the City Council and Board of Directors ratify Commercial Demand Schedule No. 02 for the period of July 09, 2026, through July 22, 2026, in total amount of $7,849,632.24. This total includes:
Electronic Fund Transfers No. 350272 through 350414 and Warrant No. 804553 through 804682 in the amount of $7,849,632.24.
All are consistent with the adopted Fiscal Year 2025- 2026 Budget (covering July 1, 2025, through June 30, 2026) and Fiscal Year 2026- 2027 Budget (covering July 1, 2026, through June 30, 2027).
6. Reduction of Securities for Tract Map No. 20274
Recommendation:
That the Honorable City Council:
(1) Approve an additional 20- percent release of the Street Faithful Performance Security for Tract Map No. 20274; and
(2) Accept the completed street public improvements.
7. Payroll Demand Schedule No. 12A
Recommendation:
That the City Council and Board of Directors ratify Payroll Demand Schedule No. 12A for the payroll period of May 22, 2026, through June 5, 2026, in total amount of $2,641,140.68. This total includes:
Employee Check Nos. 34895, 34896, 34905 through 34913 in the amount of $10,522.67.
Vendor Check Nos. 34914 through 34919 in the amount of $1,244.34.
Advice Nos. 344554, 344555, 344556, 344558 through 345156 in the amount of $1,699,211.80; and
Vendor Electronic Payments totaling $930,161.87.
All expenditures are consistent with the adopted Fiscal Year 2025– 2026 Budget (covering July 1, 2025, through June 30, 2026).
8. Waste Tire Enforcement Grant – Budget Amendment
Recommendation:
That the Honorable City Council adopt Resolution No. 26- 064, approving a budget amendment for Fiscal Year 2026/2027 to appropriate $53,250.00 in both revenue and expenditures related to the Waste Tire Enforcement Grant as awarded by the California Department of Resources Recycling and Recovery (CalRecycle).
9. Notice of Completion – New Library Renovation and Expansion Project, Project No. JM24-051
Recommendation:
That the Honorable City Council:
(1) Accept as complete and approve the Notice of Completion for the New Library Renovation and Expansion Project, Project No. JM24-051; (2) Authorize the City Manager to execute and file the Notice of Completion; and (3) Authorize the release of retained funds in accordance with the construction contract and applicable provisions following project acceptance and administrative closeout.
10. Reduction of Securities Associated with an Industrial Project Located at 19100 Gateway Drive
Recommendation:
That the Honorable City Council:
(1) Approve the 80-percent release of the Drainage and Street Faithful Performance Securities; and
(2) Accept the completed drainage and street improvements.
11. Building Department End of Fiscal Year 2025-2026 Report
Recommendation:
That the Honorable City Council review and file.
12. Notice of Completion - 2025 Citywide Street Improvements Project
Recommendation:
That the Honorable City Council accept as complete and approve the Notice of Completion for the 2025 Citywide Street Improvements Project and authorize the City Manager to execute the Notice of Completion.
13. Notice of Completion - Roof Restorations for Water Department Facilities, Project No. MS26-075
Recommendation:
That the Honorable Board of Directors:
(1) Accept as complete and approve the Notice of Completion for the Roof Restorations for Water Department Facilities, Project No. MS26-075; and (2) Authorize the City Manager to execute the Notice of Completion.
14. Quarterly Investment Reports
Recommendation:
That the Honorable City Council/Board of Directors receive and file the attached Quarterly Investment Reports for the fourth quarter of Fiscal Year 2023- 2024; the first through fourth quarters of Fiscal Year 2024- 2025; and the first through fourth quarters of Fiscal Year 2025-2026.
15. Fiscal Year 2025-2026 Police Department Annual Report
Recommendation:
That the Honorable City Council review and file the attached Fiscal Year 2025 - 2026 Police Department Annual Report.
16. Community Services Quarterly Report - 4th Quarter
Recommendation:
That the Honorable City Council review and file the attached Community Services Quarterly Report.
17. Approval of a Substitution of Trustee, Deed of Reconveyance and Cancellation of Covenants, Conditions and Restrictions (CC&Rs) for Residential Rehabilitation Program (RRP) Case Number 22- 11-28 (15688 Tokay Street, Victorville, CA 92395), and Acceptance and Reallocation of Associated Program Income Funds
Recommendation:
That City Council take the following actions regarding Residential Rehabilitation Program (RRP) Case No. 22-11-28:
(1) Approve the Substitution of Trustee and Deed of Reconveyance; (2) Confirm the Cancellation of the original Covenants, Conditions and Restrictions (CC&Rs);
(3) Authorize the Deputy City Manager to execute the Substitution of Trustee and Deed of Reconveyance and Cancellation of the original CC&Rs; (4) Accept the loan payoff in the amount of $16,633.12 into the Residential Rehabilitation Program Income Account; and
(5) Adopt Resolution No. 26- 078 amending the Fiscal Year 2026- 2027 Annual Budget to appropriate and reallocate $16,633.12 in Residential Rehabilitation Program Income to the Residential Rehabilitation Program.
18. Fiscal Year 2025/2026 VictorvilleNOW Annual Report – Year One Resident Engagement and Service Metrics
Recommendation:
That the Honorable City Council review and file the attached Fiscal Year 2025/2026 VictorvilleNOW Annual Report.
19. Economic Development Newsletter – FY25-26 Q3 & Q4
Recommendation:
That the Honorable City Council review and file the attached Economic Development Newsletter.
Motion was made to approve staff recommendations for Consent Calendar items 2 through 19
Moved: Council Member Irving
Seconded: Mayor Pro Tem Harriman
Motion passed 5-0
Ayes: Council Member Gaudin, Council Member Irving, Council Member Mora, Mayor Pro Tem Harriman, Mayor Becerra
Mayor Becerra recused herself from voting on Consent Calendar Item 12, due to living in close proximity to the sidewalk project on Village Drive.
WRITTEN COMMUNICATIONS
20. Southern California Edison Easement on Mesa Street and Topaz Road
Recommendation:
That the Honorable City Council:
(1) Grant exclusive utility easement to Southern California Edison on Assessor Parcel Numbers (APNs) 3136- 451-08, 3136- 451-11, and 3136- 451-12 as described in the attached documents; and
(2) Authorize the City Manager to execute the easement on the City's behalf.
Motion was made to approve staff recommendations
Moved: Mayor Pro Tem Harriman
Seconded: Council Member Irving
Motion passed 5-0
Ayes: Council Member Gaudin, Council Member Irving, Council Member Mora, Mayor Pro Tem Harriman, Mayor Becerra
21. Budget amendment and approval of an agreement with David Evans and Associates Inc. for the design of a traffic signal on Ridgecrest Road at Bluff Crest Street and Vista Point Drive
Recommendation:
That the Honorable City Council:
(1) Adopt Resolution No. 26- 074 to amend the Fiscal Year 2026/2027 Budget appropriating additional revenues and expenditures of $695,264 from San Bernardino County;
(2) Approve a Consultant/Professional Services Provider Agreement with David Evans and Associates, Inc., in an amount not to exceed $94,392 for the Design of a Traffic Signal at Ridgecrest Road at Bluff Crest Street and Vista Point Drive Project; and
(3) Authorize the City Engineer to submit reimbursement claims to the San Bernardino County for the proportionate share of project costs incurred for the design and construction of the Ridgecrest Road at Bluff Crest Street and Vista Point Drive traffic signal project.
Questions ensued
Motion was made to approve staff recommendations
Moved: Council Member Irving
Seconded: Council Member Mora
Motion passed 5-0
Ayes: Council Member Gaudin, Council Member Irving, Council Member Mora, Mayor Pro Tem Harriman, Mayor Becerra
22. Award of a General Services Provider Agreement JRC27 -022 to Liveview Technologies, Inc. for Mobile Security Hardware and Software Technology Services
Recommendation:
That the Honorable City Council:
(1) Award a general services provider agreement to Liveview Technologies, Inc. for the use of mobile security hardware systems and related software provided by Liveview Technologies, Inc.;
(2) Authorize the City Manager or City Attorney to make non- substantive changes to the agreement.
Motion was made to approve staff recommendations
Moved: Council Member Gaudin
Seconded: Mayor Pro Tem Harriman
Comments ensued
Motion passed 5-0
Ayes: Council Member Gaudin, Council Member Irving, Council Member Mora, Mayor Pro Tem Harriman, Mayor Becerra
23. Approval of Agreements with Two (2) Consultants for On -Call Right -of-Way Services
Recommendation:
That the Honorable City Council approve a Consultant/Professional Services Provider Agreements with two (2) qualified consultants: 1) Dokken Engineering, Inc., and 2) Paragon Partners Consultants, Inc., in an amount not to exceed $50,000 per agreement for on-call Right-of-Way consulting services.
Motion was made to approve staff recommendation
Moved: Council Member Gaudin
Seconded: Council Member Irving
Motion passed 5-0
Ayes: Council Member Gaudin, Council Member Irving, Council Member Mora, Mayor Pro Tem Harriman, Mayor Becerra
24. Approval of a Memorandum of Understanding with Southern California Association of Governments for the La Paz Drive and Seneca Road traffic circle and Budget Amendment
Recommendation:
That the Honorable City Council;
(1) Approve the Memorandum of Understanding (MOU) No. M -022-26 between the City of Victorville and Southern California Association of Governments (SCAG) for implementation of the City of Victorville Sustainable Communities Program – Active Transportation & Safety (SCP-ATS) Quick-Build Project; (2) Accept the SCAG Competitive Grant Award for the Quick-Build project; (3) Adopt Resolution No. 26-073 to amend the Fiscal Year 2026/2027 Budget appropriating an additional $503,700 in revenue and expenditures from the SCAG SCP-ATS;
(4) Authorize the Mayor, City Attorney, City Risk Manager, and City Clerk to execute the MOU and any non- substantive amendments thereto, subject to approval by the City Attorney; and
(5) Authorize the City Engineer to execute the project and submit reimbursement claims for the work completed.
Questions ensued
Motion was made to approve staff recommendations
Moved: Mayor Pro Tem Harriman
Seconded: Council Member Irving
Motion passed 5-0
Ayes: Council Member Gaudin, Council Member Irving, Council Member Mora, Mayor Pro Tem Harriman, Mayor Becerra
25. Presentation on City's Pavement Management of City Roads
Recommendation:
Staff recommends that the Honorable City Council receive and file this report.
Presentation provided by City Engineer Fredy Bonilla
Questions ensued
Motion was made to approve staff recommendation
Moved: Council Member Irving
Seconded: Council Member Gaudin
Motion passed 5-0
Ayes: Council Member Gaudin, Council Member Irving, Council Member Mora, Mayor Pro Tem Harriman, Mayor Becerra
26. Measure I Five Year Capital Improvement Plan
Recommendation:
That the Honorable City Council adopt Resolution No. 26- 076, approving the Measure I Five Year Capital Improvement Plan for Fiscal Years 2026- 2027 through 2030-2031.
Motion was made to approve staff recommendation
Moved: Mayor Becerra
Seconded: Mayor Pro Tem Harriman
Comments ensued
Motion passed 5-0
Ayes: Council Member Gaudin, Council Member Irving, Council Member Mora, Mayor Pro Tem Harriman, Mayor Becerra
27. Approval of the purchase of a Ford F -750 Compacting Rear-Loader Trash Truck from Rush Truck Centers of California
Recommendation:
That the Honorable City Council:
(1) Approve the purchase of a Ford F- 750 Compacting 14- Cubic Yard Rear - Loader Trash Truck for a total amount not to exceed $205,931.92 from Rush Truck Centers of California;
(2) Authorize the City Manager to execute any and all documents necessary for the purchase.
Questions ensued
Motion was made to approve staff recommendations
Moved: Mayor Pro Tem Harriman
Seconded: Council Member Gaudin
Motion passed 5-0
Ayes: Council Member Gaudin, Council Member Irving, Council Member Mora, Mayor Pro Tem Harriman, Mayor Becerra
28. Purchase of Stationary Emergency Generator for the Amethyst Booster Pump Station
Recommendation:
That the Honorable Board of Directors authorize the purchase of one (1) Caterpillar stationary emergency generator from Quinn Power Systems in the amount of $930,271.30, utilizing Sourcewell Cooperative Purchasing Contract provisions.
Questions ensued
Motion was made to approve staff recommendation
Moved: Council Member Gaudin
Seconded: Mayor Pro Tem Harriman
Motion passed 5-0
Ayes: Council Member Gaudin, Council Member Irving, Council Member Mora, Mayor Pro Tem Harriman, Mayor Becerra
29. Standard Sublease Agreement for Buildings 787 and 788 by and between the Southern California Logistics Airport Authority and Exquadrum, LLC
Recommendation:
That the Southern California Logistics Airport Authority (“SCLAA”) Board of Directors:
(1) Approve entering into a Standard Sublease Agreement for Buildings 787 and 788 (“Agreement”), by and between the SCLAA and Exquadrum, LLC; and (2) Authorize the Executive Director to execute said Agreement; and (3) Adopt Resolution No. SCLAA 26-005 amending the 2026-2027 budget increasing revenue in Airport account 4501172A -45200 by $61,938.48 and Airport account 4500125-45220 by $40,045.56.
Questions ensued
Motion was made to approve staff recommendations
Moved: Mayor Pro Tem Harriman
Seconded: Council Member Irving
Comments ensued
Motion passed 5-0
Ayes: Council Member Gaudin, Council Member Irving, Council Member Mora, Mayor Pro Tem Harriman, Mayor Becerra
30. City Manager Reports
City Manager Keith C. Metzler announced Public Works ’ July Free Dump Day served 495 vehicles and collected nearly 108 tons of material, one- third of which was diverted from the landfill.
Economic Development is distributing Route 66 themed “ We’re Open” signs to Old Town businesses in anticipation of the Centennial celebration. Just another way to promote the businesses in Old Town. Better Buzz Coffee opened today on Bear Valley in the former Arby’s location.
As part of ongoing Old Town revitalization efforts, Code Compliance has begun facade improvements at four commercial properties on 7th Street between B and D Streets. CDBG-funded improvements include window repairs, exterior painting, security lighting, and replacement of boarded windows with polycarbonate panels.
Engineering has completed pedestrian flashing beacons and ADA improvements at nine (9) locations, primarily near schools, to enhance pedestrian accessibility and safety.
Some of the upcoming City events, the Kiwanis Dream Big 5K, will be at Victor Valley College this Saturday, August 22 nd, at 8:00 a.m. For National Dog Month an Animal Adoption Event will be held this Saturday, August 22nd from 10:00 a.m. to 2:00 p.m. Route 66 Centennial Car Show & Block Party in Old Town will be held Saturday, September 12th from 10:00 a.m. to 2:00 p.m.
31. Discussion and Possible Action Regarding Upcoming Agenda Items
Motion was made for discussion and possible action to direct staff to provide a presentation on red light cameras
Moved: Mayor Pro Tem Harriman
Seconded: Mayor Becerra
Motion passed 5-0
Ayes: Council Member Gaudin, Council Member Irving, Council Member Mora, Mayor Pro Tem Harriman, Mayor Becerra
32. Reports from Council Members
Council Member Gaudin reported she enjoyed attending the National Night Out event and connecting with community vendors.
Mayor Pro Tem Harriman also reported attending the National Night Out event and noted that he appreciated its location at Mojave Vista Park.
Mayor Becerra expressed her appreciation to staff and employees for their dedication and the care they show for the City.
Adjournment
Mayor Becerra adjourned the meeting at 8:00 p.m.
Attest:
_____________________ _________________________ Elizabeth Becerra, Mayor Jennifer Thompson, City Clerk
Item Number: 9
City Council / Board of Directors
Consent Calendar
Meeting of: September 1, 2026
Submitted By:
Asdghik Keyvanian, Finance Director / City Treasurer
Subject:
Adoption of Resolution No. 26-080 – Annual Assessments for Unpaid Rubbish Collection, Sewer Use Fees, Storm Drain Fees, Hazardous Waste Fees, and/or Assembly Bill 939 Recycling Fees, Replacing and superseding Resolution No. 26-052 to account for new provisions required by the County to process property tax roll collections Recommendation:
That the Honorable City Council Adopt Resolution No. 26-080 entitled, "A Resolution of the City Council of the City of Victorville, California, Replacing and Superseding Resolution No. 26-052 for the Purpose of Determining and Confirming Assessments and Proceedings for Unpaid Rubbish Collection, Sewer Use Fees, Storm Drain Fees, Hazardous Waste Fees, and/or Assembly Bill 939 Recycling Fees.” Fiscal Impact:
There is no fiscal impact associated with this agenda item. Proposed replacement Resolution Number 26-080 will allow delinquent balances to be collected for Fiscal Year 2026-2027, assessed by the County Assessor; assessments to be submitted for an estimated total of $1,662,562.52.
Strategic Plan Goal:
This item aligns with Goal A. Financial Sustainability - foster fiscal health through disciplined long-term planning, cost control, increased revenues, and cost recovery. By adding the non-paid fees to the taxes levied upon the property, the City is able to collect expected revenues and help maintain rates as low as possible.
Background:
Annually, the City conducts proceedings to identify and place liens on properties with delinquent rubbish collection, sewer use, storm drain, hazardous waste, and/or Assembly Bill 939 recycling fees. This annual process is conducted pursuant to Victorville Municipal Code (VMC) Sections 6.36.085 and 10.01.015.d, and California Health and Safety Code 4 8
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Section 5470 et seq. The process provides the City with a mechanism to recover charges that remain unpaid for more than sixty days. As part of the process, City staff submits the applicable charges and confirming resolution (adopted by the City Council following the holding of a duly noticed public hearing) to the San Bernardino County Auditor- Controller/Treasurer/Tax Collector (County ATC) for placement on the annual property tax roll prior to the County ATC’s August submission deadline.
During the July 21, 2026, City Council meeting, staff presented an agenda item for City Council consideration to transfer delinquent and unpaid rubbish collection, sewer use, and storm drain fees to the property tax roll. As part of these lien proceedings, letters regarding the date, time, and place of the public hearing were mailed to all affected parcel owners, advising them how to remedy their delinquent balances. The Notice of Public Hearing was also published twice in the newspaper. The City Council approved the item, and corresponding Resolution No. 26-052 was formally adopted.
Following adoption, Resolution No. 26-052 was submitted to the County ATC for processing through its new electronic processing system. Unexpectedly, the County ATC rejected the resolution because it did not include language specifically authorizing the inclusion of any applicable County administrative or processing fees associated with placing the delinquent charges on the annual tax roll in the amount to be levied and collected. Although these fees, which are in addition to the delinquent charges owed to the City, have in the past been automatically included by the County on the tax roll, the additional language has not been required or identified as an issue in prior years’ proceedings. The exclusion of this language was identified as an issue for other municipalities and special districts this year as well.
As a one-time accommodation for Fiscal Year 2026-2027, the County ATC has advised that corrected resolutions, approved by the respective governing bodies and meeting all applicable requirements, may be submitted through September 15, 2026. Accordingly, the item is being resubmitted to the City Council under a new (Replacement) Resolution No. 26-080 for consideration of the additional language requested by the County.
Discussion:
Replacement Resolution No. 26-080 is being presented to address the County ATC’s new requirements and allow the delinquent charges to be properly placed on the annual property tax roll for collection. The delinquent amounts and parcels to which they will be charged remain unchanged from those adopted on July 21, 2026, with only the additional language requested by the County’s ATC being added to Section 4. However, new recitals describing the need for the new resolution and the supersession of the prior resolution were also included, together with corrections to outdated references and other clarifying and conforming changes.
Exhibit “A” to Resolution No. 26-080 contains a listing of the parcels, property owners, and amounts of fees delinquent sixty days or more for rubbish collection, sewer use, storm drain, hazardous waste, and/or Assembly Bill 939 recycling. This listing is the same one that was previously attached as Exhibit “A” to Resolution No. 26-052 and confirmed by 4 8
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the City Council’s adoption thereof after the July 21, 2026 public hearing. The adoption of the aforementioned resolution authorized placement of the delinquent amounts in the listing on the County tax roll as liens, minus any payments received within five (5) working days following the date of the public hearing and including any additional late charges that have accrued to be collected in the same manner as property taxes.
Staff recommends that the City Council adopt attached Replacement Resolution No. 26- 080, which includes the additional language requested by the County ATC authorizing the total amount of the charges in Exhibit “A” thereto, including any applicable County administrative or processing fees, to be placed on the annual property tax roll. Resolution No. 26-080 will supersede and replace Resolution No. 26-052.
Staff remains available for any questions City Council may have.
Prepared By:
Alex M. Garcia, Finance Analyst
Attachments: A. Resolution No. 26-080
Attachment A
Resolution No. 26-080
RESOLUTION NO. 26-080
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VICTORVILLE, CALIFORNIA, REPLACING AND SUPERSEDING
RESOLUTION NO. 26-052 FOR THE PURPOSE OF DETERMINING AND
CONFIRMING ASSESSMENTS AND PROCEEDINGS FOR UNPAID
RUBBISH COLLECTION, SEWER USE FEES, STORM DRAIN FEES,
HAZARDOUS WASTE FEES AND/OR ASSEMBLY BILL 939
RECYCLING FEES FOR FISCAL YEAR 2026-2027
WHEREAS, the City Council of the City of Victorville, California (City Council) has heretofore caused to be filed in the office of the City Clerk of the City of Victorville (City) , a report and statement of certain delinquent unpaid rubbish collection, sewer use fees, storm drain fees, hazardous waste fees and/or Assembly Bill 939 recycling fees in the City, which will be delinquent and unpaid for sixty days or more should they remain unpaid as of July 28, 2026, done under and pursuant to Sections 6.36.085 and 10.01.015.d of the Victorville Municipal Code (VMC), as applicable; and
WHEREAS, the City Council has decided that said delinquent and unpaid charges specified in report and statement are to be included in the property tax levied and shall constitute a lien on said property pursuant to California Government Code Sections 38790.1 and 25831, and Health and Safety Code Section 5470 et seq. (as applicable); and
WHEREAS, after the filing of said statement and report , the City Clerk has, as required by law, given notice of the proposed filing and assessment of such liens, and of the time, date, and place of a public hearing to be held by the City Council on the confirmation thereof; and
WHEREAS, all property owners subject to assessment of such liens have been duly notified pursuant to California Health and Safety Code Section 5473.11 and VMC Section
6.36.085; and
WHEREAS, a Public Hearing was held before the City Council at 6:00 p.m., July 21, 2026 in the City Council Chambers, 14343 Civic Drive, Victorville, California, at the time, date, and place fixed in such notice; and
WHEREAS, during the aforementioned Public Hearing, all protests or objections, if any, were duly presented and all persons desiring to be heard thereon were heard, and the City Council gave all persons present an opportunity to be heard with respect to any matter relating to said report and statement, including the correctness of the unpaid and delinquent charges and parcels stated therein, and the proceedings conducted thereon; and
WHEREAS, on July 21, 2026, the City Council adopted Resolution No. 26 -052, determining and confirming the proceedings and the unpaid and delinquent amounts for rubbish collection, sewer use, and storm drain fees in the statement and report to be assessed as liens, which amounts and parcels were attached as an exhibit to said resolution; and
WHEREAS, following submission of Resolution No. 26-052 to the San Bernardino County Auditor-Controller/Treasurer/Tax Collector (County ATC) for processing, the County ATC advised the City that the resolution required additional language authorizing the inclusion of any applicable County ATC administrative or processing fees in the total amount placed on the annual property tax roll; and
WHEREAS, City staff is hereby submitting this replacement Resolution No. 26-080 for consideration and adoption by the City Council to address the County ATC’s processing requirements, having previously provided affected property owners with notice and an opportunity to be heard regarding the proposed assessment of liens for such delinquent and unpaid charges in accordance with applicable law; and
WHEREAS, this Resolution No. 26-080 is intended to and will supersede and replace Resolution No. 26-052.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. That said public hearing has been duly held; that each and every step in the proceedings prior to and including the hearing has been duly and regularly taken; that the City Council is satisfied with the correctness of the amounts and parcels to be assessed as specified in the statement and report of the proposed assessments; the proceedings, and all matters relating thereto; and that all protests, objections, or appeals be and the same are hereby overruled and denied, and the City Council does hereby confirm said proceedings and said assessments.
SECTION 2. That the report and statement of the City of Victorville's delinquent and unpaid charges for sanitation and other services within the City, which remain unpaid and delinquent for sixty days or more as of July 28, 2026, is hereby adopted and approved by the City Council.
SECTION 3. That the City Clerk shall file with the County ATC a copy of the written statement and report with a statement endorsed thereon over the signature of the City Clerk that such report and statement has been adopted and approved by the City Council and that the County ATC shall enter the amount of such charges against the respective lots or parcels of land as they appear on the current assessment roll.
SECTION 4. That t he City Council hereby authorizes the total amount of the charges identified in the attached Exhibit “A”, including any applicable County administrative or processing fees, to be placed on the San Bernardino County Auditor - Controller/Treasurer/Tax Collector (ATC) annual tax roll for Fiscal Year 2026- 2027 and collected in the same manner as property taxes. Said charges shall constitute a lien on each property pursuant to California Health and Safety Code Section 5473.5 and Government Code Sections 38790.1 and 25831, and shall be delinquent at the same time and thereafter be subject to the same delinquency penalties. After collection by the County, the net amount of the levy shall be paid to the Victorville City Treasurer.
SECTION 5. That all liens not paid within one year from the adoption of this Resolution shall bear interest at the rate of ten percent (10%) per annum on the unpaid balance.
SECTION 6. That the parcels to be liened and the amounts of said liens are set forth in Exhibit "A" attached to this Resolution No. 26-080 and made a part thereof. The City Manager or his/her designee is authorized to remove, modify, or increase any lien amount in the adopted Exhibit “A” should all or part of the delinquent charges be paid, or should additional charges accrue, within five (5) working days following the public hearing.
SECTION 7. That this Resolution No . 26-080 shall supersede and replace Resolution No. 26-052 and shall become effective immediately upon its adoption.
SECTION 8. That the City Clerk shall certify to the passage and adoption of this Resolution.
Exhibit A
OWNER NAME SERVICE ADDRESS APN AMOUNT
ESPINOZA, REYNA 15749 GILBERT CT 039404215 $124.81 RAMIREZ, JUAN F. JR. 15776 GILBERT CT 039404222 $1,223.76 SHOOK, GREGG 16061 WHITE MOUNTAIN PL 039405201 $124.81 LEE, YVETTE* C. 14472 SHOSHONE WAY 039405219 $561.71 NASH, STANLEY 14477 RED WOLF WAY 039406509 $249.62 ZHONG, JENNY 16020 LITTLE CHIEF LN 039406520 $1,598.43 BAILEY, SHARMECIA 14446 CHUMASH PL 039406528 $374.43 JAMES, RACHEL 14422 CHUMASH PL 039406532 $484.00 IXION PROPERTIES LLC 16031 LITTLE CHIEF LN 039406547 $2,232.99 THOMPSON, KAMI WYNETTE 16023 LITTLE CHIEF LN 039406548 $778.23 RIOS, JESSICA P. 15937 GOLDEN MEADOW LN 039407553 $515.76 GARCIA, IRENE LOPEZ 15934 GOLDEN MEADOW LN 039407561 $279.31 REGGIE, DARIEN 15950 GOLDEN MEADOW LN 039407563 $374.43 BECK, ALTON 14446 SWEET GRASS PL 039407618 $140.00 PBK REAL ESTATE HOLDING LLC 14284 COVERED WAGON CT 039408621 $1,513.92 GUERRERO, VALERIE 14295 ONOWA CT 039408623 $1,168.80 VALDEZ PARENTE, JAJAIRA 14287 ONOWA CT 039408624 $255.81
ROBINSON, CHRISTOPHER A & ROBINSON, ERICA
M
15901 CORDOVA RD 039408801 $255.44
VILLEGAS, ERIC R 15921 WHITE CLOUD WAY 039409601 $577.22 BERRY, TAMMI 14368 BLACK MOUNTAIN PL 039409609 $582.91
EXHIBIT A
PROPOSED PROPERTY TAX ASSESSMENTS
SANITATION
FISCAL YEAR 2026-2027