REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ...

REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE AND THE CITY COUNCIL SITTING AS THE LIBRARY BOARD OF TRUSTEES,

SOUTHERN CALIFORNIA LOGISTICS RAIL AUTHORITY, SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY,

VICTORVILLE REDEVELOPMENT AGENCY, THE VICTORVILLE JOINT POWERS FINANCING AUTHORITY AND THE VICTORVILLE WATER DISTRICT

REGULAR MEETING 14343 CIVIC DRIVE, VICTORVILLE AUGUST 2, 2011 CITY COUNCIL CHAMBERS 5:00 P.M. www.ci.victorville.ca.us

CLOSED SESSION BEGINS AT 5:00 P.M.

REGULAR MEETING IS SCHEDULED TO BEGIN AT 7:00 P.M.

NOTICE TO THE PUBLIC: PERSONS WHO WISH TO ADDRESS THE COUNCIL ON AN AGENDA ITEM ARE REQUESTED TO COMPLETE ONE OF THE WHITE CARDS WHICH HAVE BEEN PLACED ON THE AGENDA TABLE IN THE FOYER OF THE COUNCIL CHAMBERS AND GIVE IT TO THE CITY CLERK FOR THE RECORD ANY INDIVIDUAL WITH A DISABILITY WHO REQUIRES REASONABLE ACCOMMODATION TO PARTICIPATE IN A MEETING MAY REQUEST ASSISTANCE AND/OR RECEIVE THE AGENDA IN AN ALTERNATIVE FORM BY CONTACTING THE VICTORVILLE CITY CLERK’S OFFICE (760) 955-5026 NO LATER THAN 72 HOURS PRIOR TO THE MEETING

CLOSED SESSION MEETING

NO ITEMS AT TIME OF POSTING

REGULAR MEETING CONVENES AT 7:00 P.M.

CLOSED SESSION ANNOUNCEMENTS ROLL CALL / ALSO PRESENT INVOCATION AND PLEDGE OF ALLEGIANCE CITY CLERK PRESENTS AGENDA TO COUNCIL REVISIONS: 1. REVISIONS TO THE AGENDA

PUBLIC COMMENT:

2. PUBLIC COMMENT ON ITEMS OF INTEREST TO THE PUBLIC of 204

City of Victorville Board & Council Meetings ‐ IndexAugust 2, 2011

2

THIS IS THE TIME AND PLACE FOR THE GENERAL PUBLIC TO ADDRESS THE CITY COUNCIL ON ANY ITEM LISTED OR NOT LISTED ON THE AGENDA. PER GOVERNMENT CODE SECTION 54954.3, STATE LAW PROHIBITS THE COUNCIL FROM ADDRESSING ANY ISSUE NOT PREVIOUSLY INCLUDED ON THE AGENDA. THE COUNCIL MAY RECEIVE TESTIMONY AND SET THE MATTER TO A SUBSEQUENT MEETING.

COMMENTS ARE TO BE LIMITED TO THREE MINUTES PER INDIVIDUAL OR LESS, AS DEEMED NECESSARY BY THE MAYOR, DEPENDING UPON THE NUMBER OF INDIVIDUALS DESIRING TO SPEAK. ALL COMMUNICATIONS ARE TO BE ADDRESSED DIRECTLY TO THE COUNCIL, NOT THE MEMBERS OF THE AUDIENCE. THIS IS A PROFESSIONAL BUSINESS MEETING AND COURTESY AND DECORUM ARE EXPECTED. PLEASE REFRAIN FROM ANY DEBATE BETWEEN AUDIENCE AND SPEAKER, MAKING LOUD NOISES, OR ENGAGING IN ANY ACTIVITY, WHICH MIGHT BE DISRUPTIVE TO THE DECORUM OF THE MEETING.

LIBRARY BOARD OF TRUSTEES NO ITEMS AT TIME OF POSTING

SOUTHERN CALIFORNIA LOGISTICS RAIL AUTHORITY

NO ITEMS AT TIME OF POSTING

SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY NO ITEMS AT TIME OF POSTING

REDEVELOPMENT AGENCY

WRITTEN COMMUNICATIONS: 3. REQUEST TO 1) AFFIRM THE AUTHORIZATION TO EXECUTE THE PURCHASE AGREEMENT AND ESCROW DOCUMENTS FOR NSP ACQUISITION OF REAL PROPERTY AND 2) APPROVE THE ADDITIONAL APPROPRIATION FROM THE NEIGHBORHOOD STABILIZATION PROGRAM FY 2008-2009 PROGRAM INCOME FUNDS IN THE AMOUNT OF $395,992 FOR THE PURCHASE AND OTHER ASSOCIATED COSTS TO ACQUIRE THE PROPERTY

JOINT POWERS FINANCING AUTHORITY NO ITEMS AT TIME OF POSTING

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3

VICTORVILLE WATER DISTRICT

WRITTEN COMMUNICATIONS: 4. REQUEST TO APPROVE THE ANNUAL PURCHASE ORDER REQUEST FOR MOJAVE WATER AGENCY (MWA) FOR WATER DELIVERIES FOR HIGH DESERT POWER PROJECT FOR FISCAL YEAR 2011/2012 IN THE AMOUNT OF $1,000,000 5. REQUEST TO APPROVE THE ANNUAL PURCHASE ORDER REQUEST FOR MOJAVE BASIN AREA WATERMASTER FOR QUARTERLY WATER PRODUCTION REPORTS AND INVOICES FOR ADMINISTRATIVE AND BIOLOGICAL ASSESSMENTS FOR FISCAL YEAR 2011/2012 IN THE AMOUNT OF $120,000.00 6. REQUEST TO APPROVE THE ANNUAL PURCHASE ORDER REQUEST FOR E.S. BABCOCK & SONS, INC. FOR WELL SITE WATER QUALITY SAMPLING FOR FISCAL YEAR 2011/2012 IN THE AMOUNT OF $160,000.00 7. REQUEST TO APPROVE THE ANNUAL PURCHASE ORDER REQUEST FOR CLINICAL LABORATORIES OF SAN BERNARDINO, INC. FOR DISTRIBUTION SYSTEMS WATER QUALITY SAMPLING FOR FISCAL YEAR 2011/2012 IN THE AMOUNT OF $100,000.00 8. REQUEST TO APPROVE THE ANNUAL PURCHASE ORDER REQUEST FOR WELL SITE CHEMICAL SUPPLIES AND DISINFECTION FOR FISCAL YEAR 2011/2012 IN THE AMOUNT OF $150,000.00

CITY COUNCIL

CONTINUED PUBLIC HEARINGS: 9. A PUBLIC HEARING CALLED TO HEAR ARGUMENTS FOR OR AGAINST PROVIDING FOR A POLICE SERVICE FEE FOR MULTIPLE POLICE RESPONSES AT THE SAME PREMISES AND RESCINDING ORDINANCE NO. 1519 AS SET FORTH IN ORDINANCE NO. 2275 ENTITLED: AN ORDINANCE OF THE CITY OF VICTORVILLE AMENDING CHAPTER 3.32 OF THE VICTORVILLE MUNICIPAL CODE ENTITLED, “COST RECOVERY FOR SECOND POLICE RESPONSE” TO PROVIDE FOR A POLICE SERVICE FEE FOR SECOND POLICE RESPONSE AT THE SAME PREMISES AND RESCINDING ORDINANCE NO. 1519 10. REQUEST FOR CONTINUANCE OF PUBLIC HEARING TO OCTOBER 4, 2011 REGARDING CODE AMENDMENT PLN10-00027 PUBLIC HEARING: 11. A PUBLIC HEARING CALLED TO HEAR ARGUMENTS FOR AND AGAINST VARIOUS AMENDMENTS TO THE MUNICIPAL CODE NECESSARY TO TRANSFER BUSINESS of 204


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LICENSE OPERATIONS TO THE DEVELOPMENT DEPARTMENT AS SET FORTH IN ORDINANCE NO. 2276 ENTITLED; AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE APPROVING AMENDMENT DEV11-00007, VARIOUS AMENDMENTS OF THE VICTORVILLE MUNICIPAL CODE NECESSARY TO TRANSFER BUSINESS LICENSE OPERATIONS TO THE DEVELOPMENT DEPARTMENT – CITY OF VICTORVILLE CONSENT CALENDAR: 12. REQUEST TO APPROVE THE CONSENT CALENDAR AS FOLLOWS: A. COMMERCIAL DEMAND SCHEDULE NO. 2 IN THE AMOUNT OF $14,884,246.46 COVERING PEOPLESOFT WARRANT NOS. 637395, 637812, 637828, 638032, 638050, 638069, 638722, 638948, 639770, 639979, 640418, 640478, 640501, 640522, 641000, 641497, 641498, 641629, 642113, 642159, 642281, 645645, 647061 THROUGH 647428 INCLUSIVE AND MUNIS WARRANT NOS. 700000 THROUGH 700031 INCLUSIVE AND WIRE TRANSFERS 6/24/11 THROUGH 7/19/11 B. PAYROLL DEMAND SCHEDULE NO. 1B FOR PAYROLL PERIOD JUNE 25, 2011 THROUGH JULY 8, 2011, IN THE AMOUNT OF $896,780.16 COVERING WARRANT NOS. 27125 THROUGH 27153 AND ADVICE NOS. 172603 THROUGH 172992 INCLUSIVE C. MINUTES FROM THE JOINT MEETING OF THE CITY OF VICTORVILLE PLANNING COMMISSION AND THE CITY COUNCIL HELD JUNE 8, 2011 D. REQUEST TO REDUCE 80% OF THE FAITHFUL PERFORMANCE BONDS FOR SEWER ONLY AND ACCEPTANCE OF WORK AND A 60% REDUCTION OF THE FAITHFUL PERFORMANCE BONDS FOR THE STREETS FOR TRACTS 13908-03 & 4 – KB HOMES E. REQUEST TO APPROVE THE SATISFACTION AND RELEASE OF LAND DIVISION IMPROVEMENTS CONSTRUCTION AGREEMENT FOR EL EVADO PLAZA (PLN07-00127) F. REQUEST TO RELEASE THE FINAL 20% OF THE FAITHFUL PERFORMANCE LABOR AND MATERIAL BONDS FOR LANDSCAPING IMPROVEMENTS FOR TRACT 15395 – NEW WEST HOME G. REQUEST FOR 20% REDUCTION OF THE FAITHFUL PERFORMANCE BONDS FOR STREET, SEWER, & STORM DRAIN ONLY AND ACCEPTANCE OF WORK INTO THE PUBLIC MAINTENANCE SYSTEM FOR TRACT 18272 – RYLAND HOMES H. REQUEST FOR 20% REDUCTION OF THE FAITHFUL PERFORMANCE BONDS FOR STREET, SEWER, & STORM DRAIN ONLY AND ACCEPTANCE of 204


5

OF WORK INTO THE PUBLIC MAINTENANCE SYSTEM FOR TRACT 16905 – RYLAND HOMES I. AWARD THE ANNUAL RENEWAL OF GRANICUS MONTHLY MANAGED SERVICES IN AN AMOUNT NOT TO EXCEED $26,580.00 J. AWARD GEOGRAPHIC DATA & MANAGEMENT SOLUTIONS (DLT SOLUTIONS) THE ANNUAL RENEWAL OF AUTODESK SOFTWARE SUBSCRIPTION IN AN AMOUNT NOT TO EXCEED $25,560.73 K. AWARD ORACLE THE ANNUAL RENEWAL OF PEOPLESOFT HRMS AND PAYROLL SOFTWARE SUPPORT AND MAINTENANCE IN THE AMOUNT NOT TO EXCEED $51,439.50 WRITTEN COMMUNICATIONS: 13. AN URGENCY HEARING TO DISCUSS AND DECIDE IF COUNCIL WILL AGREE TO THE VOLUNTARY ALTERNATIVE REDEVELOPMENT PROGRAM ESTABLISHED BY ABx1 27 AS SET FORTH IN ORDINANCE NO. 2277 ENTITLED: AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE, CALIFORNIA, DETERMINING IT WILL COMPLY WITH THE VOLUNTARY ALTERNATIVE REDEVELOPMENT PROGRAM PURSUANT TO PART 1.9 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE IN ORDER TO PERMIT THE CONTINUED EXISTENCE AND OPERATION OF THE VICTORVILLE REDEVELOPMENT AGENCY 14. REQUEST TO ACCEPT HOME FUNDS IN THE AMOUNT OF $13,241.09 TO BE USED FOR THE ARR PROGRAM HOME ACTIVITY 15. REQUEST TO AWARD A CONTRACT TO STIMAX CONSTRUCTION FOR THE REHABILITATION PROJECT FOR THE HIGH DESERT HOMELESS SERVICES DORM RENOVATION PROJECT, IN THE AMOUNT OF $60,000.00 TO BE FUNDED THROUGH CDBG GRANT FUNDS 16. REQUEST TO ADOPT RESOLUTION NO. 11-039 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE, CALIFORNIA, SUPERSEDING RESOLUTION NO. 10-029 FOR THE PURPOSE OF REVISING THE CITY MANAGER’S EXISTING AUTHORITY TO EXECUTE CONTRACTS FOR THE SUPPLY OF ELECTRICITY 17. REQUEST FOR DIRECTION REGARDING LETTERS WRITTEN BY A SINGLE COUNCILMEMBER THAT EXPRESS AN OPINION OR OFFICIAL POSITION OF THE CITY COUNCIL 18. REQUEST TO AWARD A CONTRACT TO SULLY-MILLER CONTRACTING COMPANY FOR THE RECONSTRUCTION IMPROVEMENT PROJECT OF VALLEY CENTER

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DRIVE FROM LORENE DRIVE TO LA PAZ DRIVE IN THE AMOUNT OF $556,750 PLUS CONTINGENCY AND CONSTRUCTION ENGINEERING 19. REQUEST TO APPROVE THE ANNUAL PURCHASE ORDER FOR THE SAN BERNARDINO SHERIFF’S CONTRACT IN THE AMOUNT OF $17,732,379.00 COUNCIL REPORTS: 20. DISCUSSION AND POSSIBLE ACTION REGARDING ITEMS FOR THE UPCOMING CITY COUNCIL AGENDA 21. REPORTS FROM COUNCIL MEMBERS

ADJOURNMENT OF MEETING ***ANY WRITINGS OR DOCUMENTS PROVIDED TO A MAJORITY OF THE BOARD MEMBERS/ CITY COUNCIL REGARDING ANY ITEM ON THIS AGENDA WILL BE MADE AVAILABLE FOR PUBLIC INSPECTION AT THE RECEPTIONIST COUNTER AT CITY HALL DURING NORMAL BUSINESS HOURS.

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CITY OF

REVISIONS

760-955-5000FAX 760-245-7243

E-mail: [email protected]

14343 Civic DriveP.O. Box 5001

Victorville, CA 92393-500 1

REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE ANDTHE CITY COUNCIL SITTING AS THE LIBRARY BOARD OF TRUSTEES,

SOUTHERN CALIFORNIA LOGISTICS RAIL AUTHORITY,SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY,

VICTORVILLE REDEVELOPMENT AGENCY, THE VICTORVILLE JOINT POWERSFINANCING AUTHORITY, AND THE VICTORVILLE WATER DISTRICT

MEETING OF: AUGUST 2, 2011

SUBMITTED BY: Carolee BatesBoard/Authority/Agency Secretary /City Clerk

DATE: 7/7/11

SUBJECT:

DISCUSSION:

CB/dI

PRESENTATION OF REVISIONS TO AGENDA

All revisions to the agenda will be presented at this time.

VICTORVILLE

AGENDA ITEM

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BLANKINTENTIONALLY

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CITY OF

PUBLIC COMMENT

760-955-5000FAX 760-245-7243



Victorville, CA 92393-5001

REGULAR CLOSED SESSION MEETINGOF THE CITY COUNCIL OF THE CITY OF VICTORVILLE

MEETING OF: AUGUST 2, 2011

SUBMITTED BY: Carolee BatesBoard/Authority/Agency Secretary /City Clerk

DATE: 7/7/11

SUBJECT: PUBLIC COMMENT ON ITEMS OF INTEREST TO THE PUBLIC

RECOMMENDATION: N/A

FISCAL IMPACT: N/ABudget Amount:Budget Acct. No.:

--Finance Department Use Only--Additional Appropriation:

____No____Yes/$

Amt.:

Admin. Services Director Review

DISCUSSION: State law requires that each agenda of a governing body providean opportunity for members of the public to address the legislative body on items ofinterest to the public within the body’s subject matter of jurisdiction.

Accordingly, this item has been placed on the agenda to afford an opportunity for publiccomment at this time.

VICTORVILLE

AGENDA ITEM

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AGENDA ITEM

WRITTEN COMMUNICATION

VICTORVILLE REDEVELOPMENT AGENCYBOARD OF DIRECTORS MEETING OF: AUGUST 2, 2011

SUBMITTED BY: Keith C. Metz15 DATE: July 20 2011Director of EcpmiDeve1opment

ATTACHED: None

SUBJECT: Authorization for the acquisition of property located within the NeighborhoodStabilization designated areas in Victorville using $395,992 in NSP Program Income funds for theacquisition and closing costs (APN: 0395-133-29-0000, 0478-093-03-0000, 0395-621-38-0000,3094-071-50-0000 and 3096-142-09-0000).

RECOMMENDATION: That your Honorable Board of Directors:(1) Affirm the authorization to execute the Purchase Agreement and escrow documents

for NSP acquisition of real property, and(2) Approve the additional appropriation from the Neighborhood Stabilization Program

FY 2008-2009 Program Income funds in the amount of $395,992 for the purchaseand other associated costs to acquire the property.

FISCAL IMPACT: $395,992

Budget Amount: $0 --Finance Division Use Only--Total Amount Budgeted in the Account: $1,122,051.22 Additional Appropriation:Remaining Balance: $479,049.42BudgetAcct.No: 2803028-55020-20501 X NoFunding Source: 09 ARR Single Family Resale

______

Yes/$ Amt.:


DISCUSSION: On November 5, 2008, the City Council approved the receipt of theNeighborhood Stabilization Program (NSP) funds under the Community Development BlockGrant (CDBG) Program to fund activities, adopted in the Amended Action Plan and authorizedthe City Manager or the Director of Economic Development to act as its designee to implementall activities under the NSP to meet the short time frames required.

CITY OF VICTORVILLE14343 Civic Drive Victorville, CA 92392 • 760.955.5032 760.955.5042 Fax

A WORII) OI oPPORTUNITY

California

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On May 5, 2009, the Board of Directors approved the Subrecipient Agreement between the City ofVictorville and the Redevelopment Agency and authorized the Director of Economic Developmentto execute the agreement and any necessary documentation for implementation of the NSP program.

Since staff was given direction to implement the approved activities in the NSP designated areasunder the NSP HUD approved plan, staff fuily expended most of the grant allocation and hascontinued to use the program income received under the NSP activities. All activities under theinitial cycle have been completed.

To date, we have received over $1 million in program income that is being used for NSP eligibleactivities before we are able to continue drawing funds from the original allocation. We began thesecond round when the Board approved (34-2011) the ARR acquisitions under the NSP programincome. Below is a list of NSP eligible properties that will or have entered into escrow if thenegotiated price is agreed upon based on program requirements. Once approved by the Board,escrow will continue for each property and the transactions should be fully funded within 30 days ofapprovals.

NEIGHBORHOOD REVITALIZATION PROGRAMPROPERTIES

Number ofBedrooms

Number ofBathsProperty Address

13605 Ironstone, 9239215484 4tfl St., 9239515098 Laureiwood, 9239413356 Baylor Dr., 9239213554 Dellwood RoadEstimated closing costs at 3.5%Total

32344

21232

SquareFootage

1,789758

1,3521,6502,343

Amount

$72,500$15,000$87,225

$103,025$104,850$ 13,392

$395,992

Seven properties were approved for purchase on March 15, 2011. Out of the seven properties, onlythree transactions were completed. The negotiations for the following properties did not result inproperty purchases: 15110 Haddington Way, 14939 Flagstaff Court, 14768 Penrith Way, and13891 Adelphia. This allows for approximately $323,955 of the estimated costs to procure thoseproperties available for other purchases, in addition to $15,000 in new program income to fundthese acquisitions.

The purpose of the NSP funds is to assist in the redevelopment of abandoned and foreclosedproperties by implementing the approved NSP activities. These properties are being purchasedunder the first activity, the Acquisition, Rehabilitation and Resale (ARR) Single Family Program.

Staff remains available for any questions or comments.KCM/tnt

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CITY OF

VICTORVILLE

WRITTEN COMMUNICATIONS

(760) 955-5000FAX (760) 245-7243



Victorvifie, CA 92393-5001

VICTORVILLE WATER DISTRICT MEETING OF: August 2, 2011

SUBMITTED BY: John A. McGIat1L4City Engineer/Director of Public Works/Water

DATE: July 13, 2011

ATTACHED: None

SUBJECT: Approval of Annual Purchase Order Request for Mojave WaterAgency (MWA) for Water Deliveries for High Desert PowerProject (HDPP) for FY 2011 - 2012

RECOMMENDATION: That the Victorville Water District Board of Directors approvethe annual purchase order request for Mojave Water Agency for water deliveries for HighDesert Power Project for fiscal year 2011 - 2012

FISCAL IMPACT: $1,000,000.00

Budget Amount: $1,000,000.00

Total Amount Budgeted in the Account:$1,000,000.00

Remaining Balance: $0.00

Budget Acct. No.: 4100510-53030

Funding Source: Budgeted funds for Water District HDPP Water Purchases.

DISCUSSION: Mojave Water Agency currently provides water deliveries to the City inaccordance with MWA Ordinance No. 9. This water supply is being used by HDPP. Theamount indicated is based upon water deliveries for the fiscal year 2011-2012, estimatedto be 2,591 acre feet, at $386.00 per acre foot. (Note: All water being used by HDPP isbilled pursuant to agreement on a monthly basis at a cost of $386.00 per acre foot, plus a$20.14 per acre foot administrative fee, for an estimated total of $1,052,000.)

AGENDA ITEM

--Finance Division Use Only--Additional Appropriation:

No

____

Yes/$Amount:

Admin Services Director Review

Submitted by: Steve Borrowman, Assistant Director of Water District

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CITY OF

VICTORVILLE(760) 955-5000

FAX (760) 245-7243E-mail: [email protected]



AGENDA ITEM



SUBMITTED BY: John A. McGIad4J DATE: July 13, 2011City Engineer/Director of Public Works/VVater

ATTACHED: None

SUBJECT: City Council Approval of Purchase Order Request for MojaveBasin Area Watermaster for Quarterly Water Production Reportsand Invoices for Administrative and Biological Assessments forFY2OII -2012

RECOMMENDATION: That the Victorville Water District Board of Directors approvethe annual purchase order request for Mojave Basin Area Watermaster for QuarterlyWater Production Reports and Invoices for Administrative and Biological Assessments forfiscal year2Oll -2012

FISCAL IMPACT: $120,000.00

Budget Amount: $120,000.00

Total Amount Budgeted in the Account:$120,000.00


Budget Acct. No.: 4100500-53040

Funding Source: Budgeted funds for Water District Groundwater Assessment.

DISCUSSION: The Mojave Basin Area Judgment was entered by the court on January10, 1996. The Judgment requires all parties, which includes the Victorville Water District,to file quarterly reports of water production with the Watermaster and pay assessmentsbased on the water production. Mojave Basin Area Watermaster 2011-12 Water Year wibe assessed at $3.55 for Administrative Assessments and $0.77 for BiologicalAssessments per acre-foot produced. This purchase order wiN cover the District’sreported water production from July 1, 2011 through June 30, 2012, estimated at 27,800acre feet.


ZNO

____

Yes/$Amount:

1fr . .

Admir], Services Director Review

Submitted by: Steve Borrowman, Assistant Director of Water District

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CITY OF(760) 955-5000




AGENDA ITEM



______________

John A. McGIai4 DATE: July 12, 2011City Engineer/Directo of Public Works/Water

ATTACHED: Budget Report

SUBJECT: Approval of Annual Purchase Order Request for E. S. Babcock& Sons, Inc. for Well Site Water Quality Sampling FY 2011 -2012

RECOMMENDATION: That the Victorville Water District Board of Directors approvethe annual purchase order request for E. S. Babcock & Sons, Inc. for well site waterquality sampling for fiscal year 2011 - 2012




Remaining Balance: $16,500.00

Funding Source: Budgeted funds for Water District contract and professional services.

DISCUSSION: Victorville Water District, as with all water purveyors, is required by theState of California Department of Public Health to perform water quality sampling weekly,monthly and quarterly depending on the type of sampling. E.S. Babcock & Sons, Inc. isone of three laboratories which performs water quality sampling analysis in the HighDesert area and was chosen primarily to perform chemistry analysis at the District’s wellsites by the District based on their staff professionalism and cost comparisons. Theamount indicated is an estimate of the well site sampling expenses for the fiscal year2011 -2012.

VICTORVILLE

SUBMITTED BY:

Budget Acct. No.:521O


VN0

____

Yes/$Amou nt:


521000 26110 72630 00000

41005 15—52300

Submitted by: SA:hr

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ORIGINAL TRANFRS/ REVISEDAPPROP ADJSTMTS BUDGET YTD EXPENDED ENCUMBRANCES

AVAILABLE PCTBUDGET USED

4100515 WATER QUALITY SVCS

• mu n is Financa, flevenue & Citizen Services and Human Capital Manageme4:

07/18/2011 09:42bsoper

FOR 2012 12

CITY OF VICTORVILLEFY 2012 PW BUDGET REPORT - JULY 2011

PG 1glytdbud

4100515 51100 QUALITY-FT WAGES 49,824 0 49,824 .00 .00 49,824.00 .0%4100515 51110 QUALITY-CT WAGES 5,000 0 5,000 .00 .00 5,000.00 .0%4100515 51200 QUALITY-FRINGE 17,233 0 17,233 .00 .00 17,233.00 .0%4100515 51300 QUALITY-PAYROLL TAXES 2,416 0 2,416 .00 .00 2,416.00 .0%4100515 52060 WTR-QUALITY-TELEPHONE 100 0 100 .00 .00 100.00 .0%4100515 52110 QUALITY-SUPPLIES 174,300 0 174,300 .00 .00 174,300.00 .0%4100515 52140 QUALITY-TRNG & ED 100 0 100 .00 .00 100.00 .0%4100515 52201 WATER-QUALITY SVC-VEH 2,400 0 2,400 .00 .00 2,400.00 .0%4100515 52230 QUALITY-VEHICLE EXP 1,000 0 1,000 .00 .00 1,000.00 .0%4100515 52240 QUALITY-FRNT/SM TOOL 10,000 0 10,000 .00 .00 10,000.00 .0%4100515 52300 QUALITY-CNTRCT SVCS 276,500 0 276,500 .00 .00 276,500.00 .0%4100515 52360 QUALITY-FED/ST/ LOC F 27,500 0 27,500 .00 .00 27,500.00 .0%4100515 52440 QUALITY-INFRAS REPAIR 100,000 0 100,000 .00 .00 100,000.00 .0%

GRAND TOTAL 666,373 0 666,373 .00 .00 666,373.00 .0%

** END OF REPORT - Generated by Barbara Soper **

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AGENDA ITEM

(760) 955-5000FAX (760) 245-7243



Victorvilie, CA 92393-5001

c



SUBMITTED BY: John A. McGIadáZ’4 DATE: July 12, 2011City Engineer/Director of Public Works/Water

ATTACHED:

SUBJECT:

Budget Report

Approval of Annual Purchase Order Request for ClinicalLaboratories of San Bernardino, Inc. for Distribution SystemsWater Quality Sampling FY 2011 - 2012

RECOMMENDATION: That the Victorville Water District Board of Directors approvethe annual purchase order request for Clinical Laboratories of San Bernardino, Inc. fordistribution systems water quality sampling for fiscal year 2011 — 2012.





Budget Acct. No.:52103

Funding Source: Budgeted funds for Water District contract and professional services.

DISCUSSION: Victorville Water District, as with all water purveyors, is required by theState of California Department of Public Health to perform water quality sampling weekly,monthly and quarterly depending on the type of sampling. Clinical Laboratories of SanBernardino, Inc. is one of three laboratories which performs water quality samplinganalysis in the High Desert area, and was chosen to perform bacterial analysis by theDistrict based on their staff professionalism, cost comparisons and sampling sitelaboratories which are necessary for the type and frequency of analysis they perform.The amount indicated is an estimate of the distributions systems sampling expenses forthe fiscal year 2011 —2012.

CITY OF

VICTORVILLE

--Finance Division Use Only--Add itional Appropriation:

____

Yes/$Amount:

14i,in Services Director Review

521-000 25410 72530 00000-4 1005 15—52300

Submitted by: SA:hr

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rnunis Finandas, Revenue& Citizen Servkes and Human CaptaI ManageIr




07/18/2011 09:42bsoper

FOR 2012 12


PG 1glytdiDud

4100515 51100 QUALITY-FT WAGES 49,824 0 49,824 .00 .00 49,824.00 .0%4100515 51110 QUALITY-OT WAGES 5,000 0 5,000 .00 .00 5,000.00 .0%4100515 51200 QUALITY-FRINGE 17,233 0 17,233 .00 .00 17,233.00 .0%4100515 51300 QUALITY-PAYROLL TAXES 2,416 0 2,416 .00 .00 2,416.00 .0%4100515 52060 WTR-QUALITY-TELEPHONE 100 0 100 .00 .00 100.00 .0%4100515 52110 QUALITY-SUPPLIES 174,300 0 174,300 .00 .00 174,300.00 .0%4100515 52140 QUALITY-TRNG & ED 100 0 100 .00 .00 100.00 .0%4100515 52201 WATER-QUALITY SVC-VE}-1 2,400 0 2,400 .00 .00 2,400.00 .0%4100515 52230 QUALITY-VEHICLE EXP 1,000 0 1,000 .00 .00 1,000.00 .0%4100515 52240 QUALITY-FRNT/SM TOOL 10,000 0 10,000 .00 .00 10,000.00 .0%-4100515 52300 QUALITY-CNTRCT SVCS 276,500 0 276,500 .00 .00 276,500.00 .0%4100515 52360 QUALITY-FED/ST/ LOC F 27,500 0 27,500 .00 .00 27,500.00 .0%4100515 52440 QUALITY-INFRAS REPAIR 100,000 0 100,000 .00 .00 100,000.00 .0%

GRAND TOTAL 666,373 0 666,373 .00 .00 666,373.00 .0%

** END OF REPORT - Generated by Barbara Soper **

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CITY OF


(760) 955-5000FAX (760) 245-7243



Victorvile, CA 92393-5001


SUBMITTED BY: John A. McGIaU/, DATE: July 12, 2011City Engineer/lt(ecto of Public Works/Water

ATTACHED:

SUBJECT:

Budget Report

Approval of Annual Purchase Order Request for Univar USA,Inc. for Well Site Chemical Supplies and Disinfection for FY2011 -2012

RECOMMENDATION: That the Victorville Water District Board of Directors approvethe annual purchase order request for well site chemical supplies and disinfection forfiscal year 2011 - 2012





Funding Source: Budgeted funds for Water District chemicals.

DISCUSSION: Univar USA, Inc. is currently our local supplier for all chemicals used atVictorville Water District treatment plant facilities and well sites. In addition to chemicals,Univar USA, Inc. provides the tanks used to store the chemicals at each site. UnivarUSA, Inc. ensures that proper ventilation and secondary containment is provided andrepaired on the storage tanks they provide. Univar USA, Inc. also provides mini bulkdeliveries. The amount indicated is an estimate of the chemical supplies and disinfectionexpenses for the fiscal year 2011 - 2012.

VICTORVILLE

AGENDA ITEM

Budget Acct. No.:52241.-


VNoYes/$Amount:

Services Director Review1&& ??QA-’521052 25410 72530 opoog

41005 15—52110

Submitted by: SA:hr

of 204

IT1UflIS Financials, Revenue & Citizen Services and Human Capital Managemn




GRAND TOTAL 666,373 0 666,373 * 00 .00 666,373.00

07/18/2011 09:42b s ope r

FOR 2012 12


PG 1glytdbud

4100615 51100 QUALITY-FT WAGES 49,824 0 49,824 .00 .00 49,824.00 .0%4100515 51110 QUALITY-OT WAGES 5,000 0 5,000 .00 .00 5,000.00 .0%4100515 51200 QUALITY-FRINGE 17,233 0 17,233 .00 .00 17,233.00 .0%4100515 51300 QUALITY-PAYROLL TAXES 2,416 0 2,416 .00 .00 2,416.00 .0%4100515 52060 WTR-QUALITY-TELEPHONE 100 0 100 .00 .00 100.00 .0%4100515 52110 QUALITY-SUPPLIES 174,300 0 174,300 .00 .00 174,300.00 .0%4100515 52140 QUALITY—TP.NG & ED 100 0 100 .00 .00 100.00 .0%4100515 52201 WATER-QUALITY SVC-VEH 2,400 0 2,400 .00 .00 2,400.00 .0%4100515 52230 QUALITY-VEHICLE EXP 1,000 0 1,000 .00 .00 1,000.00 .0%4100515 52240 QUALITY-FRNT/SM TOOL 10,000 0 10,000 .00 .00 10,000.00 .0%4100515 52300 QUALITY-CNTRCT SVCS 276,500 0 276,500 .00 .00 276,500.00 .0%4100515 52360 QUALITY-FED/ST/ LOC F 27,500 0 27,500 .00 .00 27,500.00 .0%4100615 52440 QUALITY-INFRAS REPAIR 100,000 0 100,000 .00 .00 100,000.00 .0%

** END OF REPORT — Generated by Barbara Soper **

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CITY OF





PUBLIC HEARING

CITY COUNCIL MEETING OF: 8/2/11

SUBMITTED BY: Carolee Bates’City Clerk

DATE: 7/27/11

ATTACHED: ORDINANCE NO. 2275

SUBJECT: PROPOSED ORDINANCE NO.2275 — PROVIDING FOR A POLICE SERVICEFEE FOR SECOND POLICE RESPONSE ATTHE SAME PREMISES AND RESCINDINGORDINANCE NO. 1519

RECOMMENDATION: That the CityCouncil open the public hearing, take anypublic testimony and introduce the ordinance atthe conclusion of the public hearing.

FISCAL IMPACT: $0

Budget Amount: $0

Total Amount Budgeted in the Account: $0

Remaining Balance: $0

Budget Acct. No.:

Funding Source: (name)

DISCUSSION: At the June 7, 2011 City Council meeting, it was the consensus ofthe City Council to agendize for Council’s consideration an ordinance providing for apolice service fee for more than one police response at the same premises.

AGENDA ITEM

--Finance Division Use Only-Additional Appropriation:

No

____

Yes/$Amount:


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CITY OF

VIcT0RvILLE(760) 955-5000

FAX (760) 245-7243E-mail: [email protected],us



A public hearing was scheduled on proposed Ordinance No. 2275 for the July 19, 2011City Council meeting. Additional information was received by the Police Departmentconcerning this subject since the time of noticing the public hearing. Therefore, PoliceCaptain Yoder requested that this matter be continued to the August 2, 2011 meetingso that the Police Department would have sufficient time to review that information andmake an appropriate recommendation to the City Council.

Ordinance No. 2275 has been prepared by Captain Yoder and is presented for publichearing and possible introduction at this time. At a future meeting, Captain Yoderintends to present a proposed “social host accountability” ordinance for Council’sconsideration. This ordinance will provide an additional tool for law enforcement toenforce the laws prohibiting the service to, consumption of, or possession of alcoholicbeverages by minors at loud or unruly gatherings where alcohol is being served.

/cbAttachment

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ORDINANCE NO. 2275

AN ORDINANCE OF THE CITY OF VICTORVILLE AMENDING CHAPTER 3.32 OF THEVICTORVILLE MUNICIPAL CODE ENTITLED, “COST RECOVERY FOR SECOND POLICERESPONSE” TO PROVIDE FOR A POLICE SERVICE FEE FOR SECOND POLICE RESPONSE ATTHE SAME PREMISES AND RESCINDING ORDINANCE NO. 1519

WHEREAS, second response requests to a single event or location reduces the police staffavailable throughout the City and thus constitutes a threat to public safety; and

WHEREAS, a need exists for a procedure that will deter responsible persons from allowingactivities that will generate multiple police responses; and

WHEREAS, the Victorville City Council conducted a Public Hearing on August 2, 2011 pertainingto the establishment of a police service fee for more than one police response at the samepremises.

WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOESHEREBY ORDAIN AS FOLLOWS:

SECTION 1. All of the facts set forth in this Ordinance are true, correct and areadopted as findings.

SECTION 2. This Ordinance is intended to regulate certain conditions to the extentlawfully permitted in accordance with the police powers inherent with the governing body ofthe City of Victorville. In the construction and enforcement of this Ordinance, greatconsideration shall be given to the provisions of the State and Federal Constitution and noprovision shall be interpreted or enforced in any manner that violates the Constitutional rightor rights of any person. In the event any person gives notice to the City Manager that theprovisions of this Ordinance, on its face or as applied to that person, violates his or herConstitutional rights, an administrative hearing shall be held to determine the extent to whichthis Ordinance may be applied with regard to that person. Any enforcement action againstsuch a person shall be stayed until the administrative hearing is completed.

SECTION 3. If any section, subsection, sentence, clause, phrase, or portion of thisOrdinance is, for any reason, held to be invalid or unconstitutional by the decision of any courtof competent jurisdiction, such decision shall not affect the validity of the remaining portions ofthis Ordinance. The City Council of the City of Victorville hereby declares that it would haveadopted this Ordinance and each section, subsection, sentence, clause, phrase, or portionthereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses,phrases, or portions thereof may be declared invalid or unconstitutional.

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SECTION 4. Chapter 3.32 of the Victorville Municipal Code is hereby amended to readas follows:

CHAPTER 3.32

POLICE SERVICE FEE FOR SECOND POLICE RESPONES AT THE SAME PREMISES

SECTIONS:

3.32.010 TITLE

3.32.020 DEFINITIONS

3.32.030 PURPOSE AND INTENT

3.32.040 FIRST WARNING

3.32.050 POLICE SERVICE FEE

3.32.060 BILLING AND COLLECTION

3.32.070 APPEALS

3.32.080 CUMULATIVE REMEDIES

3.32.010 TITLE. This chapter shall be known as the “Police Service Fee for SecondPolice Responses at the Same Premises” ordinance of the City of Victorville.

3.32.020 DEFINITIONS. As used in this chapter, the following terms shall have thefollowing meanings:

(a) “Police Service Fee” means aM costs of personnel and equipment for the amountof time actually spent in responding to or in remaining at a specific place or location establishedby the Sheriff’s Department including, but not limited to, the salaries of the police personnel,the actual costs of any medical treatment to injured officers, the costs of repairing anydamaged City equipment or property, and overhead and administrative costs related to all ofthe foregoing.

(b) “Person Responsible” means any of the following: The person or persons incharge of the premises where the event takes place; the person or persons authorizing the useof the premises for the event; and/or the person or persons who organized the event or wereresponsible therefor.

Each of the above shall be jointly and severally liable for the police service fees exceptwhere the person responsible for the event is a minor, in which case the parents or guardiansof that minor shall be jointly and severally liable for the police services fees.

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(c) “Loud or unruly gathering” means a gathering of five or more persons on anyresidential unit for a social occasion or other activity upon which loud or unruly conduct occursand results in a public nuisance or a threat to the public health, safety, general welfare, or quietenjoyment of residential property or nearby public property.

1. As used in this chapter, loud or unruly conduct includes, without limitation, any orall of the following:

a. Excessive noise or traffic;

b. Obstruction of public streets by crowds or vehicles;

c. Obstruction of rights-of-way by people or vehicles;

d. Public drunkenness;

e. Assaults, batteries, fights, domestic violence or other disturbances of thepeace;

f. Vandalism;

g. Litter; or

h. Urinating or defecating in public.

2. Loud or unruly conduct does not include any activity that is:

a. Protected by Article 1, Section 4 of the California Constitution;

b. Protected by the First or Fourteenth Amendments to the United StatesConstitution; or

c. Regulated by the California Alcoholic Beverage Control Act.

(d) “Party goer or attendee” means anyone who is present, excluding the homeowner, or person responsible, of any loud or unruly gathering as defined in 3.32.020(c).

3.32.030 PURPOSE AND INTENT. Large or tumultuous parties, domesticdisturbances, excessive traffic or obstruction of public streets, large gatherings, or boisterousactivities constitute a threat to public peace, morals, and safety, and elicit numerous calls to thePolice Department. Manpower and resources generally allocated to regular duties or activitiesand normal services are necessarily shifted when the police have to respond multiple times tothe same event. With the rapid growth of the City’s population, the problems associated with

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scarce manpower and resources are exacerbated by this persistent and unbudgetedreallocation of resources. The City has developed a cost recovery mechanism for secondaryresponses by the Police Department to unreasonably boisterous events in an effort to detersuch disturbances to public peace, morals and safety.

3.32.040 FIRST WARNING. A first warning is not required. Fines and/or arrests canoccur on the first response.

3.32.050 POLICE SERVICE FEE. Police service fees shall be as established by theVictorville Police Department. A police service fee shall be imposed when any member of theCity’s Police Department receives a subsequent service request and responds accordingly. Thisfee is in addition to the authority to regulate events and shall supplement, and in no mannersupplant, the exercise of any other available law, including, but not limited to, arrest or citationpursuant to the California Penal Code or local law. The actual cost of the officer(s) time at thescene and any equipment and other expenses shall be charged in addition to the police servicefee.

When a police service fee is imposed and the property owner does not reside on thesame parcel, a copy of the citaVon will be mailed to the property owner’s mailing address asdetermined by the San Bernardino County Assessor’s rolls.

The following fines shall be assessed to the home owner or person responsible forviolations of Section 3.32.020(c):

1. A fine not exceeding five hundred doHars ($500.00) for a first violation;

2. A fine not exceeding seven hundred fifty dollars ($750.00) for a second violationwithin six (6) months of the first violation;

3. A fine not exceeding one thousand five hundred dollars ($1,500.00) for a thirdviolation within six (6) months of the first violation; and

4. A fine rot exceeding three thousand dollars ($3,000.00) for a fourth and anysubsequent violations within six (6) months of the first violation.

No community service will be awarded in lieu of the civil fine or fines.

The following fines shall be assessed to the party goer or attendee for violations ofSection 3.32.020(c):

1. A fine not exceeding one hundred dollars ($100.00) for a first violation and anysubsequent violations within six (6) months of the first violation.

No community service wil! be awarded in lieu of the civil fine or fines.

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A subsequent offense within six (6) months of the first offense will start the new timeperiod of six (6) months from the tme of the subsequent offense.

3.32.060 BILLING AND COLLECTION. The Victorville Police Station Commander, orhis designee, shall notify the City’s Finance Division in writing of the name and address of theperson responsible for the party, domestic disturbance, large gathering or boisterous activity;the date and time of the incident; the police services required and performed; and the feesincurred. The City’s Finance Division will then cause a bill to be sent to the responsible personand/or party goers and said bill shall be due and payable within thirty (30) days after the billingdate. The amount of any service charge shall be deemed a debt to the City. An action may becommenced in the name of the City and any court of jurisdiction for the amount of any unpaidservice charges. All service charges shall be deemed delinquent thirty (30) days after they aredue and payable. The City may impose a lien on the subject property, or pursue other lawfulmeans to collect the civil fine, in the event of nonpayment of any civil fines.

3.32.070 APPEALS.

(a) Any responsible person or party goer receiving an invoice for the police servicefee may reqiest a hearing with the Police Department to appeal the fees.

(b) The respcnsible person or party goer must submit a written appeal request tothe Victorville Police Department. The appeal must include the responsibleperson’s name, the address, date, time and circumstances of the incident and anexplanation of why the fee is being appealed. A non-refundable appeal fee mustaccompany the written appeal request.

(c) The written appeal request must be filed within ten (10) days of the date on thein vo cc.

(d) Collection of fees on the invoice shall be suspended until the conclusion of theappeal. Should the appeal be denied, any amount due to the City shall be paidwithin thirty (30) days of the hearing.

(e) The Police Chief or his/her designee shall serve as the Hearing Officer forappeals under this section.

(f) Tne faiwre of any owner or responsible person or party goer to appear at theadmiristrative hearing shall constitute a forfeiture of the fine, a failure toexhaust their administrative remedies, and render the citation, notice ofviolation, or posting of the premises final, including any civil fine imposedthereby.

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SECTION 5. The City Clerk shall certify to the passage and adoption of this ordinanceand cause the same to be published in the manner prescribed by law.

3.32.080 CUMULATIVE REMEDIES. The remedies provided under this chapter arecumulative, and shall not restrict the City’s ability to pursue any other remedy to which it isentitled under 12W or equity. NDthing in this chapter shall be deemed to preclude theimposition of any criminal penalty, nor shall anything in this chapter be deemed to conflict withany penalty or provisior under State law, or prohibit any conduct authorized by the State orFederal constitutions.

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CITY OF760-955-5000

FAX 760-245-8250VICTORVILLE t

____________

vvi11eci.victorvi11e.ca.us14343 Civic Drive

P.O. Box 5001Victorville, California 92393-5001

AGENDA ITEMPUBLIC HEARING

CITY COUNCIL MEETING OF: August 2, 2011

___________

DATE: July20, 2011SUBMITTED BY: Bill Webb, AICP

_____

Director of Development

SUBJECT: REQUEST FOR CONTINUANCE — CODE AMENDMENT PLNIO-00027

DISCUSSION: Staff is requesting another continuance to the October 4, 2011 City Councilmeeting. The applicant has been notified and agreed to the continuance.

BW!pi

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CITY OF -srzc 760 955 5000

VICTORVILLE

___________________

14343 CMc Drive

Victorville, California 92393-5001

AGENDA ITEM

PUBLIC HEARING


SUBMITTED BY: Bill Webb, AIC& DATE: July 18, 2011Director of Development

ATTACHED: ORDINANCE NO. 2276

SUBJECT: AMENDMENT DEVII-00007 — Various amendments to the Municipal Codenecessary to transfer Business License operations to the DevelopmentDepartment

RECOMMENDATION: Adopt Ordinance 2276 --Finance Division Use Only--Additional Appropriation:

FISCAL IMPACT: NA

____

Yes/$Amount:

Budget Amount: NA Services Director ReviewI

Total Amount Budgeted in the Account: NA

___________________________________

Remaining Balance: NA

Budget Acct. No.: NA

Funding Source: NA

DISCUSSION: At the regular meeting held July 13, 2011, the Planning Commission conducteda Public Hearing to hear arguments for or against the proposed amendments to the VictorvilleMunicipal Code necessary to transfer Business License operations to the DevelopmentDepartment and unanimously recommended approval to the City Council.

Attached for Council’s information is pertinent data of that meeting. This matter is presented tothe City Council for consideration at the close of the Public Hearing

Submitted by: BW/pi

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EXECUTIVE SUMMARY

Amendment DEV1 1-00007

PROJECT DESCRIPTION: A proposed Amendment to the Municipal Code necessary to transferBusiness License operations to the Development Department.

APPLICANT: City of Victorville (Development Department)

PLANNING COMMISSION PUBLIC HEARING DATES: July 13, 2011

NUMBER OF PEOPLE SPEAKING IN FAVOR: 0

NUMBER OF PEOPLE SPEAKING OPPOSED: 0

NUMBER OF WRITTEN COMMENTS IN FAVOR: 0

NUMBER OF WRITTEN COMMENTS OPPOSED: 0

STAFF RECOMMENDATION: Approval

PLANNING COMMISSION ACTION: Recommend approval

PLANNING COMMISSION VOTE: Porter AyeWilson AyeHuber AyeJones AyeSmith Aye

‘pi

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ORDINANCE NO. 2276

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VICTORVILLEAPPROVING AMENDMENT DEV11-00007, VARIOUS AMENDMENTS OF THEVICTORVILLE MUNICIPAL CODE NECESSARY TO TRANSFER BUSINESS LICENSEOPERATIONS TO THE DEVELOPMENT DEPARTMENT — CITY OF VICTORVILLE

Pursuant to Title 7, Chapter 4, article 2 of the Government Code of the State of California, theVictorville Planning Commission held a public hearing on the 13th of August 2011, to hear argumentsfor and against the issue and, after hearing all testimony offered, they adopted Resolution No. P-il011, which recommended to the City Council the adoption of Amendment DEV1 1-00007, and

WHEREAS, this project has been determined to be categorically exempt from the CaliforniaEnvironmental Quality Act (CEQA) based upon CEQA Guidelines Section 15320.

The City Council finds the following amendments appropriate:

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

SECTION 1.

Existing Text

Deleted Text

Revised Text

New Text

{Editing Notes}

*Add ition*

Chapter 7Business License

Article 1: Administration and Enforcement

Sec. 16-7.01.010:Enforcement of Business LicenseThe administration and enforcement of Title 5 (Business Licenses and Regulations) shall beunder the authority of the Development Department: thereby the Develorment Department ischarged with the administration and enforcement of the provisions of Title 5.

Legend

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Excerpt of the July 13, 2011Planning Commission Minutes

Amendment DEVI 1-00007

“Chairman Porter opened the public hearing and questioned whether anyone present wished tospeak on the item.

There being no testimony, Chairman Porter closed the public hearing.

Commissioner Huber questioned why Business License was being transferred to theDevelopment Department.

Mr. Webb stated due to necessary reorganization over the past couple of years, based upon theeconomy and the city’s financial condition it was more feasible and efficient to transfer BusinessLicense to Development. Over the past couple of years, the Development Department hadbeen reorganized to include Fire plan check as well as Building, Planning and CodeEnforcement. Most of the signs offs for Business License were through all the divisions of theDevelopment Department. This process will eliminate any confusion on the part of theapplicants as to whether their business would be permitted in a particular location prior to themapplying for a business license. It also helped to fulfill the one-stop-shop efforts that startedyears ago. In a perfect world, this would have been done with additional staff, however it wasdone out of necessity this time. He noted that this amendment would only transfer the dutiesand Title 5 responsibility over to the Development Department and authorizes it to proceed withBusiness Licenses.

Commissioner Huber stated he had no problem with the item but it seemed a lot of responsibilitywas being was being thrown onto the Development Department. He was concerned with theamount of jobs being lost and what would happen once the economy started to recover.

A motion was made by Commissioner Wilson and seconded by Commissioner Jones toapprove Resolution P-li-Oil recommending approval of Amendment DEV11-00007 to the CityCouncil and find the project categorically exempt from environmental assessment. The motioncarried by unanimous vote of the Commission. The Resolution was entitled:

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF VICTORVILLERECOMMENDING TO THE CITY COUNCIL THE ADOPTION OF AMENDMENTDEV11-00007, VARIOUS AMENDMENTS TO THE VICTORVILLE MUNICIPAL CODENECESSARY TO TRANSFER BUSINESS LICENSE OPERATIONS TO THEDEVELOPMENT DEPARTMENT”

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PLANNING COMMISSIONSTAFF REPORT

July 13, 2011 AGENDA NO. 3

CASE: DEV11-00007

SUBJECT: Various amendments to the Municipal Code which will transfer business licenseoperations to the Development Department

APPLICANT: City of Victorvilie

LOCATION: Citywide

I. STAFF RECOMMENDATION:

That the Planning Commission take the following actions:

1. Code Amendment - Adopt Resolution No. P-li-Oil, recommending City Council approval ofCase No. DEV11-00007; and

2. EnvronmentaI Assessment — Recommend the City Council find the project categoricallyexempt under section 15320 (Changes in Organization of Local Agencies) of the StateGuidelines to Implement the California Environmental Quality Act (CEQA).

II. SUMMARY:

As of July 1, 2011, business license processing responsibilities have transferred from theAdministrative Services Department to the Development Department. The proposed code revisionwill add language in the code specifying the enforcement of Title 5 (Business Licenses andRegulations) by the Development Department.

IlL STAFF ANALYSIS:

1. Amendments.As mentioned in the summary, Development Staff has taken on the responsibility ofprocessing business licenses Citywide. This organizational change was directed by CityManagement, since aspects of the business license processing were already reviewed andprocessed by the Development Department (i.e. use compliance with zoning requirements,issuance of occupancy permits for new businesses and code enforcement for businessesoperating without a license).

The proposed amendment will create a new Business License Chapter of the DevelopmentCode (Title 16). This new chapter will eventually accommodate all of Title 5, once acomprehensive update to the business license regulations has occurred. This current proposalwill merely specify authority to the Development Department. The proposed amendment willread as follows:

DATE:

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Development Department Staff Report -2- July 13, 2011DEV1 1-00007

Chapter 7Business License


Sec. 16-7.01.010:Enforcement of Business LicenseThe administration and enforcement of Title 5 (Business Licenses and Regulations) shall beunder the authority of the Development Department; thereby the Development Department ischarged with the administration and enforcement of the provisions of Title 5.

2. Environmental Assessment.Since the project consists of reorganizing the processing responsibilities from one Citydepartment to another, the proposal is exempt from further environmental review, pursuant toGuidelines Section 15320, entitled “Changes in Organization of Local Agencies”, of the CaliforniaEnvironmental Quality Act.

SW

THE STAFF RECOMMENDATION MAY BE ACCEPTED OR REJECTED BY THE PLANNINGCOMMISSION AND THE CITY COUNCIL AFTER ITS OWN ANALYSIS AND CONSIDERATION OFPUBLIC TESTIMONY PRESENTED AT THE HEARING. THE PLANNING COMMISSION ACTION IS ARECOMMENDATION TO THE CITY COUNCIL ONLY.

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RESOLUTION NO. P-i 1-Oil

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF VICTORVILLERECOMMENDING TO THE CITY COUNCIL THE ADOPTION AMENDMENT DEV11-00007,VARIOUS AMENDMENTS TO THE VICTORVILLE MUNICIPAL CODE WHICH WILLTRANSFER BUSINESS LICENSE OPERATIONS TO THE DEVELOPMENT DEPARTMENT

WHEREAS, pursuant to Section 16-2.01.020 of the Victorville Municipal Code,

the Planning Commission of the City of Victorville has initiated various amendments to the

Victorville Municipal Code necessary to transfer Business License operations to the

Development Department; and

WHEREAS, a public hearing was held on the 13th day of July, 2011, pursuant to

Title 7, Chapter 4, Article 2 of the Government Code, State of California, to hear arguments for

and against the issue; and

WHEREAS, this project has been determined to be categorically exempt from the

California Environmental Quality Act (CEQA) based upon CEQA Guidelines Section 15320, as

the proposal is a change in the organization of a local agency; and

THEREFORE, BE IT RESOLVED by the Planning Commission, pursuant to

Section 16-2.01.050 of the Victorville Municipal Code, that it recommends to the City Council

that Amendment DEV11-00007, various amendments to the Victorville Municipal Code be

amended as follows:

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Existing Text

Deleted Text

Revised Text

New Text

{Editing Notes}

Chapter 7

Business License

*Addjtjofl*

Sec. 16-7.01010:


Enforcement of Business License

The administration and enforcement of Title 5 (Business Licenses and Regulations) shallbe under the authority of the Development Department; thereby the DevelopmentDepartment is charged with the administration and enforcement of the provisions of Title5.

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AGENDA ITEM

CONSENT CALENDAR


(760) 955-5000FAX (760) 245-7243




SUBMITTED BY: Adele MosherAsst Director of Finance

DATE: 7/19/11

ATTACHED: COMMERCIAL DEMAND SCHEDULE No. 2

SUBJECT: COMMERCIAL DEMAND SCHEDULE

RECOMMENDATION: That the Honorable City Council approve Commercial DemandSchedule No. 2 in the amount of $14,884,246.46 covering PeopleSoft Warrant Nos.637395, 637812, 637828, 638032, 638050, 638069, 638722, 638948, 639770, 639979,640418, 640478, 640501, 640522, 641000, 641497, 641498, 641629, 642113, 642159,642281, 645645, 647061 through 647428 inclusive and MUNIS Warrant Nos. 700000through 700031 inclusive and wire transfers6/24/11 through 7/19/11.

FISCAL IMPACT: Total amount of warrantsand wire transfers: $14,884,246.46




Budget Acct. No.: Various

Funding Source: N/A

DISCUSSION:

Submitted by:

CITY OF

VICTORVILLE

,1


X No

____

Yes/$Amount:


AM/ts

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City of Victorville Accounts Payable Page No.

-, ‘ Report ID: VVPOS2-SUM.rpt Commercial Demand Run Date Jun12912011

Run Time 3:00:57 PM

Check No. Date Vendor Payment Status Payment Amount

637395 8/11/2010 0000028528 Realty World Capero V -98.73637812 8/25/2010 0000028619 Martinez, Gustavo M. V -14.27637828 8/25/2010 0000028618 Park, Myung Sook V -10.10638032 9/1/2010 0000028639 Lopez, Celerina V -71.30638050 9/1/20 10 0000028642 Muensterman, John and Vivian V -9.25638069 9/1/20 10 0000028645 Ramirez, Sarvelio V -28.57638722 9/22/2010 0000028839 Patterson, Sheila V -25.74638948 9/29/20 10 0000028899 Quiroz, Phil V -30.04639770 10/27/2010 0000029044 Realty Executives V -109.63639979 11/3/2010 0000029068 Picon, Renata V -29.25640418 11/17/2010 0000012809 OrangeCoastTitle V -65.89640478 11/24/2010 0000029130 Dubasik, Alex V -84.50640501 11/24/2010 0000029139 Geertsma, Amy & Joshua V -10.52640522 11/24/2010 0000029144 Johnson, Sandra V -22.52641000 12/8/2010 0000000946 First American Title Co. V -15.97641497 12/22/2010 0000022913 Landsafe Title V -41.60641498 12/22/2010 0000022913 Landsafe Title V -69.30641629 1/5/2011 0000012718 Duran, Jorge V -8.00642113 1/26/2011 0000029422 Hashem, Ahmad V -19.58642159 1/26/2011 0000019932 Maranjyan, Agnesa V -87.00642281 1/26/2011 0000000946 First American Title Co. V -28.59

645645 5/18/2011 0000030068 Cityside Management Corp. V -10.45

647061 6/29/2011 0000000051 Accent Fence Co. P 973.00

647062 6/29/2011 0000019775 Agio Real Estate P 110.83

647063 6/29/2011 0000030481 Agramonte, Salvador P 68.22

647064 6/29/2011 0000024686 All Valley Reprographics & Plan Room, In P 137.15

647065 6/29/2011 0000016799 AmeriPride Uniform Services P 1,790.01

647066 6/29/2011 0000027184 Andrews International, Inc. P 4,134.52

647067 6/29/2011 0000021764 Apple Valley Lawnmower P 471.28

647068 6/29/2011 0000000206 Arrowhead Mountain Spring Water P 74.09

647069 6/29/2011 0000012751 Atkins, Lela P 174.83

647070 6/29/2011 0000017968 Avcom Services, Inc. P 425.00

647071 6/29/2011 0000010091 Axces Industrial Supply Inc. P 298.90

647072 6/29/2011 0000000287 Beaman Bros. Plumbing & Heating P 95.00

647073 6/29/2011 0000000312 Best, Best & Krieger P 423.00

647074 6/29/2011 0000015877 Boot Barn, Inc. P 100.00

647075 6/29/2011 0000014820 Cal-State Auto Parts P 194.68

647076 6/29/2011 0000022786 Cartridge World P 104.39

647077 6/29/2011 0000010029 CA Shopping Cart Retrieval P 741.00

647078 6/29/2011 0000000632 Consolidated Electrical Distributors, P 25.36

647079 6/29/2011 0000000657 Corona Clay P 1,323.91

647080 6/29/2011 0000008392 D3 Equipment P 176.69

647081 6/29/2011 0000000743 Dell Marketing L.P. P 300.12

647082 6/29/2011 0000017034 Dept. of Housing and Community Devlpmnt P 180.00

647083 6/29/2011 0000012505 Desert Environmental Services, Inc. P 50.00

647084 6/29/2011 0000006974 Desert First Aid P 71.78

647085 6/29/2011 0000022345 Diamond Environmental Services, LLC P 345.06

647086 6/29/2011 0000022095 Emery-Pratt Company P 662.65647087 6/29/2011 0000000907 Fairfield Line, Inc. P 928.95

647088 6/29/2011 0000006743 Fast Signs P 445.87

647089 6/29/2011 0000000946 First American Title Co. P 28.59

647090 6/29/2011 0000000946 First American Title Co. p 15.97

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of Victorville Accounts Payable Page No. 2 IReport ID: VVPOS2-SUM.rpt

CitY

Commercial Demand Run Date JUn/2912011

Run Time 3:00:57 PM I

. ICheck No.

647091647092

647093

1 647094647095

2 647096647097647098647099647100647101647102647103647104647105647106647107647108647109647110647111647112647113647114647115647116647117647118647119647120647121647122

647123647124

3 647125647126647127647128647129647130647131647132647133647134647135647136647137647138647139647140647141

647142647143

Date Vendor

6/29/2011 00000084426/29/2011 00000017406/29/2011 00000225106/29/2011 00000019436/29/20 1 1 00000030476/29/2011 00000062696/29/2011 00000011236/29/20 1 1 00000149696/29/2011 00000187036/29/2011 00000011556/29/2011 00000011626/29/2011 00000012186/29/2011 00000153116/29/2011 00000075126/29/2011 00000013596/29/2011 00000049866/29/2011 00000253586/29/2011 00000190626/29/2011 00000003616/29/2011 00000056746/29/2011 00000225656/29/2011 00000142106/29/2011 00000016486/29/2011 00000096446/29/2011 00000017116/29/2011 00000128096/29/2011 00000018006/29/2011 00000252606/29/2011 00000222326/29/2011 00000048346/29/2011 00000293056/29/2011 00000176046/29/2011 00000020176/29/2011 00000152946/29/20 1 I 00000020376/29/2011 00000176616/29/2011 00000149026/29/2011 00000289266/29/2011 00000067306/29/2011 00000021336/29/2011 00000021556/29/2011 00000021886/29/2011 00000021886/29/2011 00000002566/29/2011 00000253746/29/20 1 1 00000022386/29/20 1 1 00000022696/29/2011 00000022046/29/2011 00000023126/29/2011 00000218086/29/2011 00000297176/29/2011 00000172696/29/2011 0000029118

Franmar ChemicalsG.A. Osborne Pipe-SupplyGibbs, Giden, Locher, Turner & Senet LLPGoodspeed Distributing, Inc.Graves & KingGreen, de Bortnowsky & Quintanilla, LLPHarbor Freight ToolsHigh Desert Truck & TrailerHigh Desert Underground, Inc.Hesperia Hose SupplyHi-Desert CommunicationsHome Depot, Inc.Ice Energy, Inc.Imperial Sprinkler Supply, Inc.Kamper’s KornerLeslie’s Pool SuppliesThe Light HouseLowe’sMark Brown & Associates, Inc.Merrell-Johnson Engineering, Inc.Midwest Tape, LLCMustang ManufacturingNAPA Auto PartsNorthern Safety Co., Inc.Office DepotOrange Coast TitlePaulson PaintPenworthy Company, ThePerma-BoundRadio ShackRandom House, Inc.Safelite Fulfillment, IncSafeway Sign Co.Salido, EricaSan Bernardino CountySchardijn, LisaSeishin Shotokan Karate, Inc.Shaded Industries Inc/High Desert TintShanks Electric Inc.Sierra Pacific ElectricalSmart & FinalSouthern California EdisonSouthern California EdisonSport Supply Group, Inc.Stanley Security SolutionsStater Bros. MarketsSunland FordSouthwest Gas CorporationTarget StoresTaylor, ShariTitle BoxingTown & Country TireUnited Rotary Brush Corporation

Payment Status

PPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPP

Payment Amount

1,345.34539.57

6,373.0652,815.6418,357.01

114,334.85318.65

23.21800.00231.88350.00

2,643.85937.97

1,469.8470.23

372.43163.90690.43125.00

1,485.001,629.741,000.00

861.93447.17

80.25171.44762.39848.22346.69

9.11183.52347.25

6,818.90416.50

118,938.02500.50388.50260.00

5,210.001,480.20

193.5913,511.99

234.471,298.43

127.5433.20

247.484,509.91

253.47220.50

82.00285.31

1,387.14

of 204

826,027.10

Cit’ of Victorville Accounts Payable Page No. 3

Report ID: VVPOS2-SUM.rpt Commercial Demand Run Date Jun12912011

Run Time 3:00:57 PM


647144 6/29/2011 0000003121 US Bank National Association, Inc. P 416.08647145 6/29/2011 0000022328 VCA Mesa Animal Hospital #754 P 1,156.43

647146 6/29/2011 0000005697 Verizon P 338.38

647147 6/29/2011 0000015079 Verizon Wireless P 2,318.76

647148 6/29/2011 0000022142 Victor Concrete P 3,100.00

647149 6/29/201 I 0000008430 Vulcan Materials Company P 3,359.76647150 6/29/201 1 0000002477 Victor Valley African American Chamber P 30.00647151 6/29/2011 0000002511 Victorville Motors P 736.50647152 6/29/201 1 0000002498 Victor Valley Wastewater Reclamation P 4,171.92647153 6/29/2011 0000011361 Walters Wholesale Electric Co. P 315.24647154 6/29/2011 0000002554 Waxie Sanitary Supply P 2,071.08

647155 6/29/2011 0000029510 West End Material Supply P 405.38

647156 6/29/2011 0000010946 Western Pacific Signal, LLC P 15,449.69

647157 6/29/2011 0000002818 Craig Willhites Instruction P 633.50

647158 6/29/2011 0000008863 Winner Industrial Chemical & Tool P 1,499.86

647159 6/29/2011 0000030332 Woodside West Creek 85, Inc P 94.56

647160 6/29/2011 0000025263 Woods, Kaitlin P 1,022.00

647161 6/29/2011 0000002639 Young Champions P 2,448.60

4 647162 6/29/2011 0000030049 Amcal - Hillcrest Court Fund LP P 381,000.37

647163 6/29/2011 0000022913 Landsafe Title P 41.60

647164 6/29/2011 0000022913 Landsafe Title P 69.30

647165 6/29/2011 0000022913 Landsafe Title P 110.48

647166 6/29/2011 0000006411 City of Victorville P 24,243.62

647167 6/29/2011 0000006411 City of Victorville P 447.72

647168 6/29/2011 0000006411 City of Victorville P 33.00

Check Total:

of 204


Report ID: VVPOS2-SUM.rpt Commercial Demand Run Date Ju110612011

Run Time 3:20:09 PM


647169 7/6/2011 0000030486 Alvarez, Refugio P 719.04

647170 7/6/2011 0000016799 AmeriPride Uniform Services P 6.68

647171 7/6/2011 0000028287 Aripez, Stephanie P 126.00

647172 7/6/2011 0000000312 Best, Best & Krieger P 6,938.46

647173 7/6/2011 0000030485 Blasco Real Estate P 89.27

647174 7/6/2011 0000015877 Boot Barn, Inc. P 100.00

647175 7/6/2011 0000006067 Causey’s Heating & Air-Conditioning P 3,613.32

647176 7/6/2011 0000020413 Cheney, John P 819.00

647177 7/6/2011 0000030484 Colann, Deborah P 25.00

647178 7/6/2011 0000027067 Compass Pest Management P 910.00

647179 7/6/2011 0000030487 Contreas, Noehila P 922.73

647180 7/6/2011 0000000647 Cooley Construction, Inc. P 2,444.80

647181 7/6/2011 0000000303 Costco P 572.47

647182 7/6/2011 0000008392 D3 Equipment P 210.83

647183 7/6/2011 0000002854 Department Issue P 761.25

647184 7/6/2011 0000020476 Digital Ally P 1,478.50

647185 7/6/2011 0000022095 Emery-Pratt Company P 1,892.71

647186 7/6/2011 0000018870 Ennis Paint P 22,110.62

647187 7/6/2011 0000015760 Fastenal Company P 31.14

647188 7/6/2011 0000000917 Federal Express Corp. P 30.93

647189 7/6/2011 0000011539 Ferguson Enterprises, Inc. #677 P 13.15

647190 7/6/2011 0000013384 Fish Window Cleaning P 135.00

647191 7/6/2011 0000015258 Fitzgerald-Gutierrez, Jennifer M. P 183.75

647192 7/6/2011 0000030505 Fowler, Ramsey B. P 44.01

647193 7/6/2011 0000005185 Francis, Norm P 714.00

647194 7/6/2011 0000019238 GALE P 335.16

647195 7/6/2011 0000001015 GalI’slnc. P 319.73

647196 7/6/2011 0000001740 G.A. Osborne Pipe-Supply P 307.83

647197 7/6/2011 0000030502 Giron, Marlene P 90.27

647198 7/6/2011 0000021317 Gomez,Norma P 32.98

647199 7/6/2011 0000030494 Gonzalez, Eric P 20.00

647200 7/6/2011 0000001063 Goodyear Service Store P 340.76

647201 7/6/2011 0000001076 Grainger, Inc. P 1,164.48

647202 7/6/2011 0000003047 Graves & King P 4,804.04

647203 7/6/2011 0000001089 Greiner Pontiac Buick P 210.82

647204 7/6/2011 0000012566 Guerra Fencing Studio P 364.00

647205 7/6/2011 0000030161 HACH do Ponton Industries P 26,033.90

647206 7/6/2011 0000028370 Hazardous Waste Transportation Svcs. P 2,487.84

647207 7/6/2011 0000014969 High Desert Truck & Trailer P 125.39

647208 7/6/2011 0000018703 High Desert Underground, Inc. P 1,380.00

647209 7/6/2011 0000008848 Hi Desert Fire Protection Service P 262.32

647210 7/6/2011 0000022175 Holland, Kyle P 165.38

647211 7/6/2011 0000001218 Home Depot, Inc. P 159.41

647212 7/6/2011 0000030503 HSBC Mortgage Corp. P 54.74

647213 7/6/2011 0000001254 ICON Health & Fitness P 2,257.97

647214 7/6/201 1 0000022025 Image One Impact P 626.42

647215 7/6/2011 0000007512 Imperial Sprinkler Supply, Inc. P 2,536.68

647216 7/6/201 1 0000001283 Inland Mediation Board P 80.00

647217 7/6/2011 0000030504 IRN Realty P 103.50

647218 7/6/2011 0000015822 ITC-Diligence, Inc. P 4,000.00

647219 7/6/2011 0000012006 Jeffress, Tami P 30.00

647220 7/6/2011 0000012411 Johnson Power Systems P 2,307.80

of 204

City of Victorville Accounts Payable Pa e No 29

Report ID: VVPOS2-SUM.rpt Commercial Demand Run Date JuI/0612011

I Run Time 3:20:09 PM


647221 7/6/2011 0000023264 KB Homes P 103.50

647222 7/6/2011 0000018875 Konica Minolta Business Solutions P 1,465.79

647223 7/6/2011 0000004986 Leslie’s Pool Supplies P 9.28

647224 7/6/2011 0000030507 Leung, Amy P 144.57

647225 7/6/2011 0000019062 Lowe’s P 962.52

647226 7/6/2011 0000019061 Lowe’s p 175.46

647227 7/6/2011 0000030488 Lugo, Cesar P 200.00

647228 7/6/2011 0000022287 Luna, Breana p 819.00

647229 7/6/2011 0000030489 The Madison Real Estate Group P 99.65

647230 7/6/2011 0000025955 Mancia, Noe P 315.00

647231 7/6/2011 0000015310 McBride, Susan L. P 361.20

647232 7/6/2011 0000030493 McGowan, Peter P 65.00

647233 7/6/2011 0000029113 McIntyre, Bryan P 253.75

647234 7/6/2011 0000030496 Mehrmand, Heidi P 65.00

647235 7/6/2011 0000022565 Midwest Tape, LLC p 183.69

647236 7/6/2011 0000023133 Miranda, Steven p 354.00

647237 7/6/2011 0000023132 MTGLINC. p 770.00

647238 7/6/2011 0000001648 NAPA Auto Parts P 290.35

647239 7/6/2011 0000008744 Nextel Communications P 64.71

647240 7/6/2011 0000030492 Patel, Mamta Bhupendra P 603.84

647241 7/6/2011 0000017095 PB Americas, Inc. P 8,327.20

647242 7/6/2011 0000030491 Pearson, Elgin p 91.17

647243 7/6/2011 0000007043 Purofirst Fire & Water Restoration P 8,365.48

647244 7/6/2011 0000029305 Random House, Inc. P 62.80

647245 7/6/2011 0000011023 RK Gotts Tumbling P 1,086.15

647246 7/6/2011 0000003150 Robertson’s P 859.94

647247 7/6/2011 0000030500 Robles, Mujdah P 37.39

647248 7/6/2011 0000028036 Rodgers, Chad P 112.00

647249 7/6/2011 0000017592 Rogers, Gary P 126.00

5 647250 7/6/2011 0000002071 San Bernardino Co Solid Waste p 204,674.19

647251 7/6/2011 0000030506 Seaton, Ilene A P 35.92

647252 7/6/2011 0000030508 Sisneros, Jody P 49.01

647253 7/6/2011 0000002155 Smart& Final P 134.56

647254 7/6/2011 0000013725 SMASH Athletics P 4,842.69

647255 7/6/2011 0000002188 Southern California Edison P 26,679.53

647256 7/6/2011 0000002261 Summit Supply Corporation of Colorado p 5,983.20

647257 7/6/2011 0000002204 Southwest Gas Corporation P 25.00

6 647258 7/6/2011 0000002204 Southwest Gas Corporation P 64,753.34

647259 7/6/2011 0000002330 Thompson Appraisals, Inc. P 2,750.00

647260 7/6/2011 0000009127 Timberline Locksmith P 191.69

647261 7/6/20 1 1 0000030499 Toler, John and Lasharina P 90.67

647262 7/6/2011 0000029118 United Rotary Brush Corporation P 455.51

647263 7/6/2011 0000014536 United Site Services of CA, Inc. p 285.21

647264 7/6/20 1 1 0000027706 USABlueBook p 984.99

7 647265 7/6/2011 0000002786 VanceCorp. P 332,981.55

647266 7/6/2011 0000002786 Vance Corp. P 18,498.98

647267 7/6/2011 0000015079 Verizon Wireless P 19.14

647268 7/6/2011 0000030510 Verma, Rene P 33.00

647269 7/6/2011 0000030512 Versatile Information Products, Inc. P 39.80

647270 7/6/2011 0000011361 Walters Wholesale Electric Co. P 143.30

647271 7/6/2011 0000030509 Williams, Jimmy p 200.00

647272 7/6/2011 0000030483 AFCO Fire Protection, Inc. P 25.00

647273 7/6/2011 0000030498 Baqai, Hisam P 15,000.00

of 204

City of Victorville Accounts Payable Page No. 3

Report ID: VVPOS2-SUMrpt Commercial Demand Run Date Ju1106/2011

Run Time 3:20:09 PM

Check No.

647274647275647276647277647278647279647280647281

8 647282647283647284647285647286647287

9 647288647289647290647291

Date Vendor

7/6/2011 0000030482 Core Development Services7/6/2011 0000024258 DESERT CASTLE REALTY7/6/2011 0000012718 Duran, Jorge7/6/2011 0000015874 Friends of the Victorville Library7/6/2011 0000030501 Girbovan Inc.7/6/2011 0000030495 KND Affiliates7/6/2011 0000030479 Lozano, Erik7/6/2011 0000030490 Matsunaga Enterprises, Inc.7/6/2011 0000018508 Performance Meter, Inc.7/6/2011 0000030478 Phillips, Ricky7/6/2011 0000018893 Ricker, Jeffery7/6/2011 0000018696 Rimmer, Shane7/6/20 I I 0000027298 Rod Sorensen Services7/6/2011 0000030513 Sanchez, Frank7/6/2011 0000002188 Southern California Edison7/6/2011 0000030497 United Contractors7/6/2011 0000002862 Victor Valley Towing, Inc.7/6/2011 0000030511 Waterplow Press

Payment Status

PPPPPPPPPPPPPPPPPP

Payment Amount

750.00185.21

8.002,769.051,300.00

40,000.0060.0050.00

69,688.8025.0080.00

1,100.00714.12220.00

327,240.0025.0013.75

114.62

1,245,088.35Check Total:

of 204

Check No.

647292647293647294647295647296647297647298

10 647299647300647301647302647303647304647305647306647307647308647309647310647311647312647313647314647315647316647317647318647319647320647321647322647323647324647325647326647327647328647329647330647331647332647333647334647335647336647337647338647339647340647341647342647343

Date Vendor

7/7/2011 00000305147/13/2011 00000026957/13/2011 00000069887/13/2011 00000000807/13/2011 00000109657/13/2011 00000164357/13/2011 00000167997/13/2011 00000281237/13/2011 00000271847/13/2011 00000217647/13/2011 00000195807/13/2011 00000030427/13/2011 00000179687/13/2011 00000002907/13/2011 00000177287/13/2011 00000158777/13/2011 00000104747/13/2011 00000043047/13/2011 00000148207/13/2011 00000176447/13/2011 00000060677/13/2011 00000006187/13/2011 00000005487/13/2011 00000085227/13/2011 00000204137/13/2011 00000006627/13/2011 00000007127/13/2011 00000007437/13/2011 00000223457/13/2011 00000192797/13/2011 00000159437/13/2011 00000305177/13/2011 00000090507/13/2011 00000115397/13/2011 00000017407/13/2011 00000010217/13/2011 00000116897/13/2011 00000019437/13/2011 00000010637/13/2011 00000010767/13/2011 00000030477/13/2011 00000069567/13/2011 00000205997/13/2011 00000011237/13/2011 00000011847/13/2011 00000225537/13/2011 00000167477/13/2011 00000149697/13/2011 00000011557/13/2011 00000282257/13/2011 00000002787/13/2011 0000001162

Davis, Tyronn and Davis, LaMonicaA-i PortablesAdelanto Elementary School DistrictAircraft Spruce/SpecialtyAlbert Grover & AssociatesAlliant Insurance Services, Inc.AmeriPride Uniform ServicesA.M. OrtegaAndrews International, Inc.Apple Valley LawnmowerAstrum Utility ServicesApple Valley Communications Inc.Avcom Services, Inc.Battery MartBlackmores Signs & DesignBoot Barn, Inc.Burns Septic and Sewer ServiceCalifornia Turf Irrigation SupplyCal-State Auto PartsCarson TrailerCauseys Heating & Air-ConditioningCDW Government, Inc.Charles Joseph AssociatesCharter CommunicationsCheney, JohnThe Counseling Team InternationalDaily PressDell Marketing L.P.Diamond Environmental Services, LLCDiamond Speed Products, Inc.Diversified Cryogenics, Inc.Econo-West Inc.Enterprise GroupFerguson Enterprises, Inc. #677G.A. Osborne Pipe-SupplyGas, Inc.Golf Ventures WestGoodspeed Distributing, Inc.Goodyear Service StoreGrainger, Inc.Graves & KingGreenField Compression, Inc.Guy Fox & Associates, Inc.Harbor Freight ToolsHigh Desert Laser GraphicsHigh Desert Resource NetworkHD Supply WaterworksHigh Desert Truck & TrailerHesperia Hose SupplyHesperia Outdoor Power EquipmentHi Desert AlarmHi-Desert Communications

Payment Status

PPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPP

Payment Amount

1,350.00495.69

2,028.96300.29

9,360.00704.47170.55

231,056.674,069.68

75.3614,000.00

285.0048.0021.54

1,065.75100.00

13,000.003,070.16

212.653,385.44

477.152,930.384,836.00

339.99262.50950.00

1,777.856,022.68

197.961,156.001,408.141,250.00

14,733.30183.29177.91

6,616.85958.22649.50867.99982.53

28,629.99902.74

4,235.6727.1316.31

1,500.001,243.22

265.01298.52

95.47135.00503.23


Report ID: VVPOS2-SUM.rpt Commercial Demand Run Date Ju1113/2011

Run Time 12:08:32 PM

of 204

Check No.

647344647345647346647347647348647349647350647351647352647353647354647355647356647357647358647359647360647361647362647363647364647365647366647367647368647369647370647371647372647373647374647375647376647377647378647379647380647381647382647383647384647385647386

11 647387647388647389

12 647390

13 647391647392647393647394647395647396

Date Vendor

7/13/2011 00000012187/13/2011 00000075127/13/2011 00000181937/13/2011 00000012857/13/2011 00000145807/13/2011 00000188757/13/201 00000014627/13/2011 00000106607/13/2011 00000082107/13/2011 00000141577/13/2011 00000225657/13/2011 00000015927/13/2011 00000015997/13/2011 00000192997/13/2011 00000016487/13/2011 00000294987/13/2011 00000087447/13/2011 00000284627/13/2011 00000168877/13/2011 00000211887/13/2011 00000017897/13/2011 00000018007/13/2011 00000278727/13/2011 00000018107/13/2011 00000222327/13/2011 00000029047/13/2011 00000171137/13/2011 00000162447/13/2011 00000057117/13/2011 00000145067/13/2011 00000182427/13/2011 00000019167/13/2011 00000249307/13/2011 00000031507/13/2011 00000173407/13/2011 00000229327/13/2011 00000176047/13/2011 00000213537/13/2011 00000020377/13/2011 00000020717/13/2011 00000053727/13/2011 00000030297/13/2011 00000289267/13/2011 00000021337/13/2011 00000021557/13/2011 00000021887/13/2011 00000021887/13/2011 00000021887/13/2011 00000083237/13/2011 00000246097/13/2011 00000070397/13/2011 00000022047/13/2011 0000002790

Home Depot, Inc.Imperial Sprinkler Supply, Inc.Infinity National SecurityInland Water Works SupplyInnovative Printing ConceptKonica Minolta Business SolutionsLindy T’s Too!Loveland’s Automotive ServiceLowe’sMerrimac Energy GroupMidwest Tape, LLCMobile Occupational ServiceMojave Desert AQMDMonoprice, Inc.NAPA Auto PartsNewegg.comNextel CommunicationsNinyo & Moore Geotechnical and EnvironOffice WorksOnTracParkhouse Tire, Inc.Paulson PaintPeachtree Business ProductsPep BoysPerma-BoundPitney B owes, Inc.Proflame/Myer’s PropanePTL Electric, Inc.Quiel Bros.QwestRauch CommunicationsR.D.O. Equipment Co.Refrigeration Supplies DistributorRobertson’sRWP - Recycled Wood ProductsS & J Supply Co., Inc.Safelite Fulfillment, IncSatworxSan Bernardino CountySan Bernardino Co Solid Waste

S E Clemons, Inc.SERCOShaded Industries Inc/High Desert TintSierra Pacific ElectricalSmart & FinalSouthern California EdisonSouthern California EdisonSouthern California EdisonSpectrum Communications Cabling ServicesStaples Business AdvantageStoody Industrial & Welding Supply, Inc.Southwest Gas CorporationTreadwell Support Services

Payment Status

PPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPP

Payment Amount

759.291,497.784,186.641,009.201,434.20

591.05495.27

60.00156.44

24,622.6857.62

385.005,798.71

111.29768.92394.26770.97

9,484.48461.49

30.001,301.211,078.801,197.00

66.23660.90

1,245.3870.69

1,531.271,546.00

885.922,605.861,004.85

74.052,899.281,499.66

242.86275.59

49.781,680.00

1.331,686.174,690.39

140.00114,967.44

201.08181.82

154,360.97129,775.18

10,476.24167.11154.44

9,792.297,425.00

- City of Victorville Accounts Payable Page No. 2

Report ID VVPOS2 SUM.rpt Commercial Demand Run Date Jui!13!2011


of 204

Check No.

647397647398647399647400647401647402647403647404647405647406647407647408647409

14 647410647411647412647413647414647415647416

15 647417647418647419647420647421647422647423647424647425647426647427647428

Date Vendor

7/13/2011 00000283497/13/2011 00000024197/13/2011 00000030897/13/2011 00000247977/13/2011 00000024627/13/2011 00000027867/13/2011 00000150797/13/2011 00000221427/13/2011 00000084307/13/2011 00000058967/13/2011 00000134347/13/2011 00000278777/13/2011 00000028797/13/2011 00000024987/13/2011 00000024987/13/2011 00000113617/13/2011 00000025547/13/2011 00000167827/13/2011 00000157647/13/2011 00000158667/13/2011 00000220337/13/2011 00000026327/13/2011 00000300497/13/2011 00000305157/13/2011 00000300957/13/2011 00000305167/13/2011 00000017487/13/2011 00000185087/13/2011 00000021887/13/20 I I 00000022047/13/2011 00000064117/13/2011 0000006411

Tyler Technologies, Inc.Underground Service AlertUnited Rentals, Inc.V3Valley Sporting GoodsVance Corp.Verizon WirelessVictor ConcreteVulcan Materials CompanyVictor Valley Hand Car Wash, Inc.Victorville Glass Co., Inc.Victorville Speedwash, Inc.Victor Valley Transit AuthorityVictor Valley Wastewater ReclamationVictor Valley Wastewater ReclamationWalters Wholesale Electric Co.Waxie Sanitary SupplyWestern Audio Visual CorpWESTRUX International Inc.Wilson & CompanyWoodard & Curran, Inc.Xerox CorporationAmcal - Hillcrest Court Fund LPArmstrong, BarbaraBaker & McKenzie, LLPCanyon Insulation, Inc.PAPA.Performance Meter, Inc.Southern California EdisonSouthwest Gas CorporationCity of VictorvilleCity of Victorville

Payment Status

PPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPP

Payment Amount

19,763.74376.50

1,640.304,017.23

257.7418,498.97

671.7320,800.00

1,782.2254.50

3,671.00912.00

17,627.50999,582.66

22,794.5049.73

751.101,908.95

191.56863.00

107,497.455,533.092,834.001,906.592,372.50

75.00160.00

11,160.0010.74

339.59641,57

99.42

2,125,285.70

City of Victorville Accounts Payable Page No. 3

Report ID: VVPOS2-SUM.rpt Commercial Demand Run Date Ju111312011


Check Total:

of 204

Financials, Pevenue & Citizen Services and Human Capital Management

FOR CASH ACCOUNT: 000 11100

CHECK # CHECK DATE TYPE VENDOR NAME

12 CHECKS CASH ACCOUNT TOTAL 211,951.62 .00

07/06/2011 16:34tsanchez

CITY OF VICTORVILLEA/P CHECK RECONCILIATION REGISTER

PG 1apchkrcn

700000 07/06/2011 PRINTED 007912 SBC SHERIFFS COURT SERV. 155.50700001 07/06/2011 PRINTED 016245 STATE DISBURSEMENT UNIT 2.00700002 07/06/2011 PRINTED 019350 SUPPORT PAYMENT CLEARINGH 853.85700003 07/06/2011 PRINTED 002430 UNITED WAY DESERT COMMUNI 20.00700004 07/06/2011 PRINTED 018154 BAKER, LISA S. 175.00700005 07/06/2011 PRINTED 000787 STATE OF CALIFORNIA 40.00700006 07/06/2011 PRINTED 000787 STATE OF CALIFORNIA 30.00700007 07/06/2011 PRINTED 022534 MCZEAL, LATICIA 81.23700008 07/06/2011 PRINTED 004894 NEW JERSEY FAMILY SUPPORT 140.31700009 07/06/2011 PRINTED 028560 ROBINSON, PATRICIA 467.00700010 07/06/2011 PRINTED 028371 FOREVER WILD EXOTIC ANIMA 400.00

1 700011 07/06/2011 PRINTED 001137 HEALTH NET 209,586.73

FOR: Void and Uncleared

UNCLEARED CLEARED BATCH CLEAR DATE

of 204

•:. munis Financials, flevenue & Citizen Services and Human Capital Management

FOR CASH ACCOUNT: 000 11100

CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE

07/13/2011 15:13t sanchez

CITY OF VICTORVILLEA/P CHECK RECONCILIATION REGISTER

PG 1apchkrcn

FOR: Uncleared

700012 07/13/2011 PRINTED 014495 BNSF RAILWAY CO. 8,550.78700013 07/13/2011 PRINTED 022345 DIAMOND ENVIRONMENTAL SER 60.88700014 07/13/2011 PRINTED 025408 THE HARTFORD - PRIORITY A 19,395.44700015 07/13/2011 PRINTED 025408 THE HARTFORD - PRIORITY A 343.33700016 07/13/2011 PRINTED 999999 VILLAREAL, ANGELITA G 22.69700017 07/13/2011 PRINTED 999999 MCPHERSON, MELISSA 34.00700018 07/13/2011 PRINTED 999999 WHITE, MIKE C 44.15700019 07/13/2011 PRINTED 999999 ECHEVARRIA, VIOLA 48.94700020 07/13/2011 PRINTED 999999 SCHROEDER, MICHAEL 49.84700021 07/13/2011 PRINTED 999999 MATTHEWS, REANDA 68.00700022 07/13/2011 PRINTED 999999 SINGLETARY, AMBER 94.00700023 07/13/2011 PRINTED 999999 DOAN, CHINE 128.00700024 07/13/2011 PRINTED 999999 SCALETTA, CHRISTOPHER 128.00700025 07/13/2011 PRINTED 999999 FED EX EXPRESS 201.63700026 07/13/2011 PRINTED 999999 FRYE, LORIE 471.34700027 07/13/2011 PRINTED 018696 RIMMER, SHAME 847.63700028 07/13/2011 PRINTED 027298 ROD SORENSEN SERVICES 1,725.79700029 07/13/2011 PRINTED 000007 SWAZZLE 625.00700030 07/13/2011 PRINTED 019060 USA MOBILITY WIRELESS, IN 14.76700031 07/13/2011 PRINTED 005697 VERIZON 1,103.37

20 CHECKS CASH ACCOUNT TOTAL 33,957.57 .00

of 204

Footnotes for Commercial Demand - Checks over $50,000.00

Footnote # Check # Vendor Name Check Amt Description

Munis System1 700011 Health Net

$ 52,815.64$ 114,334.85$ 118,938.02

$ 381,000.37

$ 204,674.19$ 64,753.34$ 332,981.55$ 69,688.80$ 327,240.00

$ 231,056.67

$ 114,967.44

$ 154,360.97$ 129,775.18

$ 999,582.66

$ 107,497.45

FuelLegal-April 2011Qtrly Sheriff Overtime feesProgress Pmt for the Hillcrest AptsRehab ContractMonthly Disposal Fees-May 2011DPSG Purchases Natural GasSCLA Taxiway C & High Speed ExitWater meter inventorySCE Interconnection UpgradeElectrical Backbone West 95.54%completeTraffic Signal Installation & StreetImprovements for Amargosa Rd andVillage Dr.City Wide ElectricityCity Wide ElectricitySCLA Sewage Treatment FeesVSDI -6/DPSG TreatmentFees/Surcharge Nevada & GeorgeEngineering Services IWWTPProject

PeopleSoft System1 647094 Goodspeed Distrubuting2 647096 Green, De Bortnowsky &3 647125 San Bernardino County Sheriff

4 647162 Amcal - Hillcrest Court Fund LP

5 647250 San Bernardino Co Solid Waste6 647258 Southwest Gas7 647265 Vance Corp.8 647282 Performance Meter9 647288 Southern California Edison

10 647299 A.M. Ortega

11 647387 Sierra Pacific Electrical

12 647390 Southern California Edison13 647391 Southern California Edison

14 647410Victor Valley WastewaterReclamation

15 647417 Woodard & Curran, Inc.

$ 209,586.73 Health lns.-July 2011

of 204

Wires Initiated Through Bank of America7/19/11

Ref # DATE ACCOUNT NAME DESCRIPTION AMOUNTCONFIRM #

6/24/2011 Hillcrest Apartments Operating Subsidy $6,727.70 34868915

7/1/2011 M&T Bank Vantage Transfer Agents - 401 $1,965.94 34961176

7/1/2011 Wells Fargo Green Tree Golf Mgmt LLC $118,061.00 34961479

7/1/2011 Trust Finance Mgmt MRF Payment $21,892.30 35002782

7/15/2011 M&T Bank Vantage Transfer Agents - 401 $1,750.87 35102344

7/18/2011 East West Bank Escrow agent for COV & San Bernardino County $10,000,000.00 35137863

7/19/2011 Key Bank Payment for IRR Sys at Green Tree $214,115.45 35141630

7/19/2011 Tiempo Escrow II NSP property purchase; 13605 Ironside Cr, Victorville $77,422.86 35152176

Grand Total $10,441,936.12

of 204

/7

CONSENT CALENDAR


SUBMITTED BY: Adele Mosher (JU1 DATE: July 18, 2011Assistant Director of Administrative Services — Finance

ATTACHED: N/A

SUBJECT: PAYROLL WARRANT LIST

RECOMMENDATION: That the Honorable City Council approve Payroll DemandSchedule No. 1 B for Payroll Period June 25, 2011 through July 8, 2011, in the amount of$896,780.16 covering Warrant Nos. 27125 through 27153 and Advice Nos. 172603through 172992 inclusive.

FISCAL IMPACT: Payroll gross total amount$896,780.16


Total Amount Budgeted in the Account: N/A

Remaining Balance: N/A

Budget Account No.: Various

Funding Source: Various

DISCUSSION: I hereby certify that the claims or demands covered by the attached list ofwarrants have been audited as to the accuracy and availability of funds for payment thereof andthat said claims or demands are accurate and the funds are available for payment thereof.

ASSISTANT DIRECTOR OF ADMINISTRATIVE SERVICES - FINANCE

AOM/cm

CITY OF

VICTORVILLE

760.9555000FAX 760.245.7243

[email protected]://ci.victorville.ca.us

AGENDA ITEM

P.O. Box 5001Victorville, California 92393-5001


VNoYes/Amount:


Attachment - Payroll Warrant List of 204

City of Victorville 7/18/2011

I I City Council Payroll ReportPayroll Period Ending: July 8, 2011

Employee Number Check # Total Gross Check Date2396 172923 258.48 7/15/20111515 27130 1823.05 7/15/20112505 172726 1635.31 7/15/20112550 172924 610.88 7/15/20112749 172925 743.68 7/15/20112052 172926 254.24 7/15/20112748 172919 803.44 7/15/20111970 172727 1884.07 7/15/20112659 172613 1964.38 7/15/20112402 172927 217.92 7/15/20111007 172803 3612.54 7/15/20112473 172895 1394.33 7/15/20111063 172882 1772.38 7/15/20112267 172928 743.68 7/15/20112669 172804 2214.77 7/15/20112636 172805 3158.38 7/15/20112622 172806 2826.53 7/15/20111258 172929 810.08 7/15/20112623 172807 1668.07 7/15/20111853 172728 2827.46 7/15/20111520 172729 2004.08 7/15/20112343 172930 849.92 7/15/20111949 172669 2953.93 7/15/20111061 172603 4234.69 7/15/20112637 172808 2321.49 7/15/20111099 172730 2876.53 7/15/20111457 172883 2520.22 7/15/20112624 172614 2015.38 7/15/20111027 172731 1884.07 7/15/20112839 172931 526.85 7/15/20112638 172809 2388.29 7/15/20111078 172698 2676.77 7/15/20112606 172615 1963.00 7/15/20112605 172810 1845.77 7/15/20111101 172732 2068.59 7/15/20111966 172853 1772.38 7/15/20112157 172616 1594.93 7/15/20111849 172675 4139.16 7/15/20112670 172811 4657.46 7/15/20111497 172733 2376.06 7/15/20112591 172812 1771.93 7/15/20112820 172932 478.21 7/15/20111261 27135 849.92 7/15/20112192 172734 1702.23 7/15/20112840 172933 243.52 7/15/20112415 172934 73.98 7/15/20112149 172935 425.39 7/15/2011

of 204

2540 172699 2414.60 7/15/20111973 172617 3020.38 7/15/20111104 172700 2092.23 7/15/20112050 172884 1879.22 7/15/20111748 172618 2492.15 7/15/20112377 172735 1635.31 7/15/20112655 172619 2091.31 7/15/20111426 172936 849.92 7/15/20111225 172659 3063.97 7/15/20112476 172736 2388.57 7/15/20112034 172937 849.92 7/15/20111030 172854 2228.38 7/15/20111079 172701 3088.69 7/15/20112648 172702 3088.69 7/15/20112845 27136 143.01 7/15/20111576 172660 2922.41 7/15/20111620 172938 732.36 7/15/20112499 172676 2480.84 7/15/20112656 27132 1644.54 7/15/20111032 172855 1838.53 7/15/20112661 172620 1807.93 7/15/20111105 172737 2492.15 7/15/20112254 172677 2590.23 7/15/20112751 172939 1738.28 7/15/20112530 172738 1721.53 7/15/20112204 172896 2074.67 7/15/20112830 27137 131.66 7/15/20112323 172678 2705.16 7/15/20112592 172813 1710.77 7/15/20112662 172814 2427.31 7/15/20112705 27131 3612.54 7/15/20112205 172856 1318.76 7/15/20111661 27138 551.77 7/15/20111850 172679 3653.39 7/15/20111767 172885 2182.23 7/15/20112488 172940 783.52 7/15/20112665 172621 2813.38 7/15/20112671 172815 2091.77 7/15/20111110 172740 30645.87 7/15/20111337 27129 30204.13 7/15/20111080 172703 3612.53 7/15/20111750 172741 1877.84 7/15/20112228 172742 2005.00 7/15/20112770 27134 849.92 7/15/20112657 172622 1667.62 7/15/20112639 172623 2228.84 7/15/20112440 172743 2238.07 7/15/20112115 172744 1935.90 7/15/20112593 172816 2090.84 7/15/20112472 172624 2182.23 7/15/20112511 172941 783.52 7/15/20112640 172661 2616.06 7/15/20111271 27139 849.92 7/15/20112279 172745 2402.22 7/15/20112139 172625 2135.62 7/15/2011

of 204

2675 172626 2235.02 7/15/20112815 172942 143.01 7/15/20112752 172943 1030.58 7/15/20111715 172627 773.87 7/15/20112347 172704 2136.07 7/15/20112105 172680 3352.38 7/15/20111272 172857 2064.31 7/15/20112834 172944 335.96 7/15/20112190 172746 1489.23 7/15/20112345 172945 743.68 7/15/20111037 172897 1922.00 7/15/20112527 172681 2480.85 7/15/20111453 172628 4031.46 7/15/20112160 172946 429.10 7/15/20111249 172747 2235.91 7/15/20112487 172947 624.16 7/15/20111706 172886 3879.62 7/15/20112721 172948 783.52 7/15/20112807 172920 995.22 7/15/20112355 172898 2281.01 7/15/20111804 27140 460.40 7/15/20112626 172817 1835.38 7/15/20112026 172604 1559.38 7/15/20112734 172858 2480.85 7/15/20112125 172748 2023.07 7/15/20112259 172705 3695.15 7/15/20111971 172899 2630.99 7/15/20111903 172629 1735.93 7/15/20112312 172749 1635.31 7/15/20112827 172949 444.61 7/15/20112574 172950 444.05 7/15/20112021 172951 212.69 7/15/20111117 172750 3612.53 7/15/20112609 172818 1710.31 7/15/20112163 172751 2376.07 7/15/20112391 172887 2276.84 7/15/20111625 172752 2163.07 7/15/20112248 172859 1635.31 7/15/20112713 27133 1641.54 7/15/20112486 172952 783.52 7/15/20112515 172753 1845.77 7/15/20112582 172953 1062.40 7/15/20111588 172754 3216.92 7/15/20112189 172755 2182.69 7/15/20111119 172756 2372.18 7/15/20111038 172860 5759.62 7/15/20111082 172706 2004.54 7/15/20112290 172861 1736.38 7/15/20111901 172707 4508.46 7/15/20111698 172757 2376.06 7/15/20111890 172911 2223.70 7/15/20112627 172630 1634.38 7/15/20112366 172631 1735.93 7/15/20111121 172758 2281.59 7/15/20112679 172759 2006.28 7/15/2011

of 204

2689 172954 637.44 7/15/20112641 172708 2219.75 7/15/20112618 172632 1594.92 7/15/20112594 172633 1735.92 7/15/20111865 172900 2637.89 7/15/20112181 172760 1414.29 7/15/20112704 172862 3233.38 7/15/20112612 172819 1969.69 7/15/20112297 172955 672.64 7/15/20112031 172662 3020.39 7/15/20112642 172820 2582.43 7/15/20112209 172605 2182.22 7/15/20112113 172888 3612.54 7/15/20112232 172670 1459.04 7/15/20111084 172709 2676.77 7/15/20111957 172671 2285.60 7/15/20112108 172761 1635.31 7/15/20112546 172956 544.80 7/15/20111723 172762 1884.07 7/15/20111999 172763 1876.11 7/15/20112674 172821 2015.37 7/15/20112336 172663 2830.17 7/15/20111760 172764 1873.73 7/15/20111952 172765 1923.31 7/15/20112090 172710 4045.47 7/15/20112572 27141 420.40 7/15/20112069 172863 1772.38 7/15/20111547 172682 2376.07 7/15/20111866 172957 2042.31 7/15/20112225 172683 2705.15 7/15/20111990 172901 2559.66 7/15/20111040 172864 1884.07 7/15/20111126 172766 3094.73 7/15/20112450 172684 2590.22 7/15/20112836 172958 292.98 7/15/20112258 172672 3164.15 7/15/20112019 172634 1750.00 7/15/20112531 172767 1881.69 7/15/20112628 172822 1865.51 7/15/20112595 172823 1884.07 7/15/20112598 172711 2350.31 7/15/20112758 27142 313.54 7/15/20112421 172959 128.50 7/15/20112629 172991 931.28 7/15/20111012 172635 1963.00 7/15/20111744 172902 2922.27 7/15/20112630 172824 2376.07 7/15/20112844 27128 5753.45 7/5/20112742 172889 2182.23 7/15/20112843 27127 5753.45 7/5/20111518 172636 3612.54 7/15/20111544 172825 2426.87 7/15/20112643 172826 2005.00 7/15/20111907 172768 2376.07 7/15/20112631 172637 1983.31 7/15/2011

of 204

1131 172827 1884.06 7/15/20112392 172960 392.32 7/15/20112118 172769 1508.52 7/15/20111710 172606 2259.64 7/15/20112596 172828 3327.68 7/15/20112494 172664 1792.94 7/15/20112102 172685 1772.38 7/15/20112097 172686 2004.54 7/15/20112266 172961 609.58 7/15/20112681 172712 2401.07 7/15/20112376 172770 2954.85 7/15/20112233 172665 2181.77 7/15/20112119 172771 1708.77 7/15/20112825 172962 299.64 7/15/20112195 172772 1845.77 7/15/20112599 172829 1736.38 7/15/20111510 172773 2004.53 7/15/20112406 172963 108.96 7/15/20112644 172830 2016.31 7/15/20111643 172865 2613.54 7/15/20111282 172866 1884.08 7/15/20111955 172774 2488.50 7/15/20111449 172775 2015.38 7/15/20112006 172890 2376.07 7/15/20112379 172867 2136.07 7/15/20112321 172638 1735.94 7/15/20112676 172639 2914.69 7/15/20111134 172776 2090.84 7/15/20112682 172640 1807.93 7/15/20112310 172868 1702.22 7/15/20112111 172713 2228.38 7/15/20112683 172831 1839.53 7/15/20112134 172777 1632.77 7/15/20112817 172964 558.42 7/15/20112835 27143 274.67 7/15/20112677 172778 3780.53 7/15/20111135 172779 2376.07 7/15/20112753 172921 836.64 7/15/20112302 172832 1923.31 7/15/20112288 172965 1433.36 7/15/20112831 172966 222.46 7/15/20111377 172780 2181.78 7/15/20111088 172714 5734.62 7/15/20111015 172641 2135.62 7/15/20112610 172833 3322.00 7/15/20112590 172687 1247.40 7/15/20111043 172869 2478.42 7/15/20112571 172967 240.62 7/15/20111632 172781 2744.59 7/15/20112838 27144 416.34 7/15/20111635 172642 3612.54 7/15/20111064 172891 5759.62 7/15/20111137 172782 2090.84 7/15/20111017 172643 3321.71 7/15/20112237 172644 2377.23 7/15/2011

of 204

2071 172688 2590.23 7/15/20111941 172715 2875.69 7/15/20112717 172968 849.92 7/15/20111400 172892 2376.07 7/15/20111655 172783 1772.38 7/15/20111389 172834 2137.00 7/15/20112383 172913 849.92 7/15/20112489 172784 1923.31 7/15/20112480 172969 956.98 7/1 5/20 1 11621 172645 4234.69 7/15/20112474 172785 2388.57 7/15/20111044 172870 2826.54 7/15/20111937 172903 3021.31 7/15/20112287 172646 1845.78 7/15/20112275 172647 2479.23 7/15/20111439 172786 2181.77 7/15/20112482 172970 1195.93 7/15/20112478 172971 786.67 7/15/20111612 172787 1808.38 7/15/20111062 172607 1845.77 7/15/20111046 172788 1772.38 7/15/20112634 172835 3755.38 7/15/20111790 172789 2480.85 7/15/20111287 172871 2478.42 7/15/20112551 172914 743.68 7/15/20112617 172836 2574.21 7/15/20112791 172972 359.00 7/15/20112720 27145 640.76 7/15/20112410 172904 1575.99 7/15/20112846 27146 152.09 7/15/20112240 172689 2705.16 7/15/20111533 172648 1963.00 7/15/20111902 172649 3020.39 7/15/20112808 172922 824.99 7/15/20111614 172608 2889.78 7/15/20112616 172837 2885.62 7/15/20111776 172716 3088.69 7/15/20111254 172790 2098.51 7/15/20112502 172973 783.52 7/15/20112646 172838 2334.79 7/15/20112361 172650 1735.93 7/15/20112813 27147 256.51 7/15/20111045 172717 2534.85 7/15/20112647 172839 2838.06 7/15/20112810 172974 329.15 7/15/20112368 172791 1736.38 7/15/20111815 172975 145.28 7/15/20112600 172840 1845.77 7/15/20111001 172673 4234.69 7/15/20112711 172976 956.16 7/15/20112666 172718 2504.18 7/15/20112601 172841 2765.16 7/15/20111762 172905 3508.75 7/15/20112514 172792 1682.78 7/15/20112008 172906 2004.54 7/15/2011

of 204

1742 172690 2705.16 7/15/20112341 172666 2826.54 7/15/20112524 172842 2155.00 7/15/20112128 172691 1489.23 7/15/20112686 172843 1888.82 7/15/20112009 172872 1702.23 7/15/20112811 172977 220.71 7/15/20111950 172609 7489.80 7/15/20112096 172873 1635.31 7/15/20111338 172719 2730.15 7/15/20112684 172844 2004.54 7/15/20112099 172874 1635.31 7/15/20111145 172793 3302.38 7/15/20112761 27148 224.73 7/15/20112822 172978 279.21 7/15/20111751 172651 3612.54 7/15/20111146 172794 1884.08 7/15/20112558 172979 423.03 7/15/20112619 172652 2182.23 7/15/20111147 172795 2253.38 7/15/20111626 172875 3612.53 7/15/20111048 172876 3687.54 7/15/20112603 172653 1807.93 7/15/20112491 172654 2163.07 7/15/20111049 172796 2228.39 7/15/20112235 172655 2135.62 7/15/20112193 172845 1884.07 7/15/20111452 172667 3941.38 7/15/20112620 172656 1963.00 7/15/20112300 172657 2135.62 7/15/20112837 27149 315.53 7/15/20112374 172720 2954.84 7/15/20112459 172846 1523.38 7/15/20111931 172847 2409.88 7/15/20112249 172692 2590.23 7/15/20112848 27150 20.56 7/15/20111904 172797 2505.00 7/15/20112027 172907 2481.51 7/15/20111959 172877 2135.15 7/15/20111051 172878 2228.38 7/15/20112564 172980 136.20 7/15/20112833 172981 329.15 7/15/20111022 172721 2376.07 7/15/20112826 27151 529.42 7/15/20112649 172722 3088.69 7/15/20112621 172610 2765.15 7/15/20111747 172798 2376.07 7/15/20112651 172848 3034.39 7/15/20112652 172849 2326.48 7/15/20111851 172693 3158.85 7/15/20112847 27152 115.77 7/15/20111893 172799 1671.07 7/15/20111627 172694 3779.15 7/15/20111707 172611 2376.07 7/15/20112718 172982 783.52 7/15/2011

of 204

2635 172723 2534.85 7/15/20112074 172800 1635.31 7/15/20112032 172668 3233.38 7/15/20112395 172893 2419.05 7/15/20112330 172908 2085.26 7/15/20112490 172983 424.96 7/15/20112701 172894 3240.78 7/15/20112042 172674 3612.54 7/15/20111792 172984 106.24 7/15/20112685 172658 1715.77 7/15/20111581 172801 2730.50 7/15/20112798 172915 849.92 7/15/20112841 27153 133.64 7/15/20112819 172985 367.74 7/15/20111932 172909 2406.49 7/15/20112460 172916 849.92 7/15/20112339 172879 1702.23 7/15/20112344 172992 887.89 7/15/20112678 172850 2567.00 7/15/20111412 172986 743.68 7/15/20112467 172695 2480.84 7/15/20111056 172880 2401.07 7/15/20112534 172987 836.64 7/15/20111057 172881 2221.39 7/15/20112211 172696 2890.69 7/15/20112047 172697 5734.62 7/15/20112210 172802 3426.69 7/15/20112842 27125 5753.45 7/5/20112842 27125 -5753.45 7/5/20112842 27126 5,753.45 7/5/20112153 172988 304.79 7/15/20111343 172724 2,730.15 7/15/20112732 172917 849.92 7/15/20112821 172989 363.20 7/15/20111094 172910 3866.38 7/15/20111545 172612 2376.07 7/15/20112481 172990 1185.80 7/15/20112604 172851 2739.89 7/15/20112736 172912 783.52 7/15/20112552 172918 849.92 7/15/20111503 172725 2,325.31 7/15/20112653 172852 3,390.63 7/15/2011

896,780.16

of 204

_

-1 IH

U)

m-b •G

) m rn 11 H

of 204

JOINT MEETING OF THE CITY OF VICTORVILLEPLANNING COMMISSION AND CITY COUNCIL

June 8,20115:00 p.m.

The joint meeting of the City of Victorville Planning Commission and City Council wascalled to order at 5:00 p.m. by Chairman Porter and Mayor McEachron in the City Hall CouncilChambers, 14343 Civic Drive, Victorville, California.

ROLL CALL

Present: Commissioners Porter, Wilson, Huber, Jones and SmithCity Council Members, McEachron, Rothschild, Cabriales and Valles

Absent: Councilman Kennedy

Also present at the meeting were City Manager Jim Cox, Deputy City Manager DougRobertson, Director of Development Bill Webb, Associate Planner Scott Webb andapproximately twenty people in the audience.

INVOCATION & PLEDGE OF ALLEGIANCE

Commissioner Huber led the Invocation, followed by the Pledge to the flag.

Chairman Porter introduced the purpose of the joint meeting as Victorville DevelopmentTrends and Planning Policy and introduced Director of Development Bill Webb to make thepresentation.

Mr. Webb stated the power point presentation would be covering current developmenttrends, which would explain the issues that brought about the workshop; current developmentstatistics, which showed the cause for concerns that Staff had; and planning policy options,which would deal with planning for the health, safety and welfare of the community. Followingthis, Staff would provide a recommendation, which would then be followed by joint discussionbetween the two bodies and possible action for policy direction.

Mr. Webb presented his power point presentation to the assembly, a copy of which isattached. The following is an outline of the presentation:

A. Development Trends1. Housing Product Downgrades2. No housing standards for design or minimum size3. Guidelines were adopted for every other zoning district

(1) Commercial Retail(2) Commercial Office(3) Industrial(4) Multi-family

4. Stopped short for residential structures5. Current trend of converting new single-family residences to rentals

(1) Developers are seeking low-income house tax credits for tracts approved forsingle-family homes to develop specifically as low-income rentals

(2) Developers are building new homes in approved tracts for the sole purpose ofleasing

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(3) City currently has about 18,000 paper lots within approved tracts at 7,200 squarefeet or less

(4) Equates to approximately eight times the size of Brentwood that have nospecifications or requirements adopted as to the quality of the houses to be builtin those tracts

6. Social Services(1) County professional offices have left the civic center and moved elsewhere(2) “Social Service” offices are expanding throughout the City

(a) Behavioral & mental health services in Old Town Specialty Retail Zone (fronts7th Street)

(b) After school program within prime commercially zoned retail center (BearValley Road and Ridegcrest)

(c) County Welfare building at the Civic Center (old Kia dealership)(d) Sober living & transitional homes throughout the neighborhoods

B. Development Statistics1. Affordable Housing — in 2010 Victorville had the second highest number of Section 8

housing units in the County, after the City of San Bernardino(1) All housing units built and sold in 2010 fall under very-low, low and moderate

income levels. None of the units sold were above moderate income levels.(2) Most cities rely on government assisted programs and deed restrictions to

develop affordable housing, here it’s happening naturally(3) Regional Housing Needs Assessment (RHNA) numbers are derived from the

city’s growth forecasts, which are based upon actual past population growth(4) The faster the City grows the higher the rate of calculation SCAG uses to assign

affordable housing to Victorville(5) Focus over the past few years has been concentrated on affordable housing(6) SCAG numbers show the City’s largest deficit is in the above moderate housing

(a) Perhaps the City should be building higher quality homes than what iscurrently being funded

2. Residential property values in Victorville and Hesperia are second to the lowest in theVictor Valley at $110,000(1) Common development factors for surrounding communities

(a) Large lots(b) Custom homes(c) Amenities geared toward specific user needs such as retirement & recreation(d) Sense of place or community(e) Sense of safety

3. Household Income(1) From 2006 to 2009 Hesperia, Apple Valley and the State have increased values

for household income; Victorville remained flat with a slight decrease.4. Housing Tract Leap-Frog Costs

(1) Additional infrastructure and maintenance(2) Extending utilities(3) Extending services (Police & Fire)

5. Retail Property Values(1) Lease rates are the lowest in the high desert

6. Regional sales tax share(1) 2004 Victorville contained 34% of population and collected 66% of taxable retail

sales(2) 2009 Victorville’s population rose to 37% while the taxable retail sales fell to 54%

(statistics prior surrounding cities built and developed their commercial sites)

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C. Options1. Pro-Growth

(1) Retail follows rooftops(a) Quality of retail is directly correlated to the quality of rooftops built

(2) Works when “Free-Market” exists & playing field is even(a) Federal & State subsidies, mandates and exemptions for affordable housing

& social services has created an uneven playing field(3) Pros

(a) Maintain status-quo(b) Free-for-all building

(4) Cons(a) Leap-frog development (service costs increase)(b) Cookie cutter homes(c) Affordable housing increases(d) Social services increase(e) Crime & public safety costs increase(f) Regional retail tax share decreases(g) Land value & taxes decrease(h) Qualityof life decreases(i) Resident complaints increase

2. No-Growth(1) No retail follows no rooftops(2) Pros

(a) Moot point due to Federal & State subsidies, mandates & exemptions foraffordable housing and social services

3. Smart-Growth(1) Quality retail follows quality rooftops (rooftops must bring expendable and a

higher education level)(2) What is Smart Growth

(a) Planned growth creates a sense of placeI Defensible space — building layout and Site Plan function to allow

inhabitants to become key agents in ensuring their securityII New urbanism — focus on quality of life and bringing back some of the

traditional aspects of in-town living(i) Larger lots with rear access to garages(ii) Variety of dwelling types(iii) Discernible neighborhood center(iv) 5-minute walk to the center(v) Connected network of streets, bike-paths & walking trails(vi) Community schools within walking distance(vii) Plenty of playgrounds, green space & parks(viii) Garages and parking lots are hidden from street view(ix) Front porches that create the opportunity for surveillance(x) Streets are narrow and tree-lined to slow traffic

(3) Pros(a) Service costs decrease(b) Create above moderate housing(c) Crime & public safety costs decrease(d) Quality of life increases(e) Land Values & taxes increase(f) Resident complaints decrease(g) Social Service needs decrease

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(h) Regional retail tax share increases(4) Cons

(a) Increase in affordable housing & social service developer complaintsD. Recommendations

1. Joint-body adopt a Smart-Growth planning policy2. Staff to bring specific regulations for public comment at future hearings before the

Planning Commission3. Planning Commission forward recommendations for City Council consideration at

public hearingsE. Proposed Programs

1. Code Enforcement rental property annual inspection program(1) Annual exterior inspections of all single and multi-family rental units conducted

through the Code Enforcement Division(2) Issuance of a Rental Property Certificate upon successful inspection(3) No property may be rented until it has passed the certification inspection(4) All surrounding cities currently have such programs charging a fee to pay for any

additional staffing needs2. Single-family residential guidelines

(1) Larger lot sizes(2) Rear/side garages(3) Require front yard landscaping(4) Require front porches

3. Neighborhood design guidelines(1) Variety of housing styles and types(2) Landscaped parkways(3) Design for defensible space(4) Provide amenities(5) Create a sense of place

4. Neighborhood Identity Entry Element Program(1) Adds character, sense of place and pride in the neighborhood(2) Contributes to sense of security

5. Require Project Integration of adopted City Bike Plan6. Planned Growth Ordinance7. Retroactive Tract Map Design Standards8. Update Specific Plans & PUD’s9. Focus RDA 20% set-aside fund investment into Senior Housing or revitalize

existing multi-family complexes10. Define “Single Family Homes” as for sale only11. Define “Social Services”12. Continue to restrict prime commercial land to retail uses13. Increase retail lot sizes14. Study prison impacts on community

In conclusion, Mr. Webb questioned what direction City leaders wanted Staff to pursue.

Councilman Cabriales questioned whether Staff created the recommendations andwhether any public input was taken.

Mr. Webb Eated at this point the presentation was no different than a presentation fromthe City Engineer or the Economic Development Director where they would come forward withtheir professional recommendations. It was up to the Planning Commission and Council to

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open the recommendation up for discussion, to change it or to invite or suggest somethingdifferent.

Councilman Cabriales quoted the last line of the presentation, “If not now, when,” andstated that was always the question. He always felt that, if the Council was going to developany policies for the City, that it should start with public input. That would be his suggestion.

Mr. Webb stated, if the Councilman was asking whether this presentation was differentthan usual, his answer was yes, but only because the Council requested a joint meeting.Typically this presentation would go to the Planning Commission, which was what thepresentation was made for. Every item within the presentation would go through the regularpublic hearing process, discussion, and public noticing. Since the Council asked to be involvedin this, it was thought that it would be an opportunity for both groups to give Staff an overalldirection.

Councilman Cabriales stated he saw a lot of people in the audience that could probablyprovide some very valid input into the process as they were in the business of development andreal estate. His recommendation was to form a committee of people that were in the businessto provide input.

Councilmember Valles stated she agreed with Councilman Cabriales. She thought itwas important to try something different, but not to the point where it might make thingsunaffordable for the builders. Everyone would like their neighborhoods to look like RanchoCucamonga, but questioned whether that was realistic for Victorville. She did like the idea ofgoing back to the neighborhoods where houses had a view of the streets and people were moreinvolved in community policing and safer neighborhoods. She felt a group outside the PlanningCommission should be created so that recommendations would be presented from that group tothe Planning Commission and then to Council.

Councilman Rothschild stated the Smart Growth policy reminded him of people thatdrive up the price of fuel to a point where people were inclined to buy the smaller cars, more orless restructuring society and molding it into that aspect. He was a bit leery in developing apolicy that forced developers and people into a life style that they may or may not choose. Hefelt there were some excellent ideas and concepts, but he wouldn’t want to push the developersin that direction.

He had a different opinion in that he felt low and moderate housing programs haddevalued the people that had worked very hard to purchase their own homes and the taxpayershave had to subsidize a lifestyle for people who did not put in their own sweat equity and theirown resources into buying a house. In this economy, where there were a lot of homes that hadbeen abandoned, it was easy to walk away from the properties since no money was required tobe put down. He questioned what could be done with the low and moderate housing money.The RHNA chart indicated that the city’s low and moderate income components weresatisfactory except for above moderate housing where the City was lacking. Infrastructurewould also be required and he wondered whether the law would allow the City to use the lowand moderate income housing money to put some of the infrastructure in to assist developers.He felt, if the City were to change direction in the development style to achieve Smart Growth,one of the necessary components would be for the City to have the ability to use low andmoderate housing money to offset the developer costs. That would benefit everyone in thecommunity, not just the individual moving into the individual home.

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In addition, with regard to the Smart Growth, he noted there was a rather small list ofcons and like Councilman Cabriales mentioned, he would like to hear from some of thedevelopers. He felt there was more that could be added to the list of cons. He questioned whatthe developers were complaining about and what could be done about the complaints; perhapsthey were of a nature that needed to be addressed by language changes in legislature. He feltCalifornia had put communities into a box and pushed everyone into the low and moderate-income housing program in such a way that cities had to waste the money to get it spentwhether in apartment buildings, low or moderate income houses, or individual programs. He feltit should be invested into some of the other areas necessary to build out the City and he wantedto hear more from the Real Estate and Building Industries on this concept.

Mayor McEachron stated he would like to defer to the members of the PlanningCommission and felt it was important to hear from them before he made any comments.

Commissioner Smith stated he wasn’t sure whether Smart Growth was the direction togo, but he felt the current direction was incorrect in terms of the cookie cutter houses and thefeeling of safety. With Smart Growth, crime and the sense of crime decreased and he felt thatwas important. He had lived in the high desert for twenty years and didn’t feel it was as safenow as it was when he was a child. He felt the City needed to go in a different direction even ifit was a combination of a few things or just Smart Growth. He didn’t know whether the Citycould accomplish looking like Rancho Cucamonga or whether that was even the direction theCity would want to go, but some direction from the Council would be helpful.

Commissioner Huber stated he had another item he wanted to talk about when thissubject was finished. He was more concerned with that.

Commissioner Wilson stated the City’s past growth was reflected in the number ofhouses, the size of the houses, and the size of the lots. He felt a sense of community wasdeveloped by the neighborhood. He and his wife lived behind the mall and started to see adecline in their neighborhood. He felt part of the reason for that was due to rentals, people notcaring, and the redirection of traffic which caused the road where they lived to be more of athoroughfare than a street. When they moved to their current location, their house was on a culde-sac where there was a great sense of community which was created by the neighbors, notthe community. He felt certain aspects of the Smart Growth plan helped create a sense ofcommunity and that some type of Commission that included interested developers, people withrental units, commercial developers, real estate and commercial brokers could be put togetherto address the subject.

Mr. Webb stated he hoped that residents would also be included.

Commissioner Wilson agreed that residents should also be included. He felt “NoGrowth” wasn’t an option and “Pro Growth” wasn’t the proper way to go either. There were a lotof elements in the “Smart Growth” plan, however, that would benefit the City.

Commissioner Jones stated he would like to see the community grow respective ofRancho Cucamonga but with the economy the way it was he wasn’t sure whether individualscould afford the Smart Growth plan. He was also concerned about security. Being a formerPolice Officer, he noted that crime was everywhere. He wasn’t convinced that having a bettercommunity would prevent crime in the City, but he would like to see a group formed to getadditional input from the community.

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Chairman Porter stated she had seen the industrial and commercial guidelines that theCommission put together make a big difference in what the community currently looked like.She felt there should be some type of residential guidelines as currently there weren’t any. Sheagreed that front porches did give a stronger sense of security as people sat out front and got toknow their neighbors and what was going on in their neighborhood. She liked the presentationand agreed with a lot of it. She felt that Councilman Rothschild’s suggestion of using low andmoderate income funds for infrastructure would really benefit the developers. Sherecommended a committee that would be comprised of different business and residentialelements but noted that it would be hard to keep that committee to a reasonable size.

Mr. Webb stated it could be done with public work shops where organizations as well asthe public were noUced and invited. Usually those ended up reducing themselves in time.Rather than picking and choosing who would attend, everyone would be invited initially to dealwith the broad concepts. He wanted to point out again that the Planning Commission askedStaff to explain or bring forward the trends that were of concern. The down grading of homesand the influx of social services were a concern of Planners. Staff felt the Commission andCouncil needed to know what was happening in their city. The facts were the most importantpart of the presentation. The pretty part of the presentation was just an example of onedirection. It wasn’t Staff’s job to determine a direction; it was Staff’s responsibility to make surethat everyone had all the facts. It was up to the Commission and Council to determine thedirection of the City. The number one concern of Staff had to do with the neighborhoods. Hefelt taking back and rebuilding the neighborhoods was and should remain the focus of what hewas trying to present. The other issues were possible repercussions of not doing so and thiswasn’t an all or nothing issue.

Chairman Porter questioned whether a workshop could be put together in 30 days.

Mr. Webb stated, if given that direction, he would make it happen.

Chairman Porter stated she felt that was where they should put their focus.

Councilman Rothschild stated the Chambers of Commerce should also be notified.

Mr. Webb stated Staff had a list that could be expanded. Anyone who would like to beon the list could submit their name and e-mail address.

Chairman Porter brought up the fact that Commissioner Huber had some comments thatwere not related to the subject matter.

Commissioner Huber stated he wanted to go back to October of 2010, when therewas a Code Amendment adopting a Zoning Administrator. He stated he had been on thePlanning Commission for 21 years, was a member of the Old Town Property Owner’sAssociation, and had a construction company for 45 years. The City of Victorville was the bestzoned and developed city in the high desert all because of the past and present City Counciland Planning Commissioners working with past and present Staff. He stated that process waschanging with the “fast track/one stop shop,” Staff was in control. He cited a passage from theMunicipal Code that stated, “The Planning Commission shall receive here and decide everyapplication for a Conditional Use or a Site Plan unless reviewed by the Zoning Administrator.”That meant that Staff could do everything that the Commission was doing; the PlanningCommission wasn’t necessary. He realized that things could be appealed but he had neverseen an appeal. The Commission had heard a total of four items this year and was out of themeeting by 5:15; Staff had approved seven items. Some of those items the Commission didn’t

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need to approve but it would have given the Planning Commission some experience. Itappeared to him that the City wanted Staff to make 90% of the planning decisions and thatwould be just how the City would develop, as Staff wanted it to develop with no concern to cost,just their ideas of how the City should develop. Last year three items had come before PlanningCommission out of the 10 to 12 that they heard where he saved the contractor from not buildingin another city because of the cost. That was smart thinking. Staff didn’t worry about cost,whatever they wanted to do, they did. 50% of the people probably agreed with him. It took abody like the Commission to think about everything, what the problems could be, and theneighborhood and on and on. He knew that Mayor McEachron had just come off the PlanningCommission, but he was dedicated to the Planning Commission and the City of Victorville andhe heard about people walking away from the City all the time. He felt it was important that theCommission hear all the cases so they kept informed. He hated driving up the street andfinding a new store that was approved by Staff. He wasn’t blaming Staff in all this, he knewwhat they were concerned with, but as Planning Commissioners, they were concerned too. Thenew Commissioners were not getting experience. They weren’t going out to visit a site for oneitem. Commissioner Porter would drive out to see the sites for 12 to 15 items, which was fun.For one item, you don’t even go out to see it. He knew why he was a Planning Commissioner,but if Staff was going to take all his work from him except the things that might be controversial,he would just do something else on Wednesday nights. He would like to see the City Councilthink about this. It was approved and he asked many questions at that time. He didn’t think itshould have been approved, but he voted to approve it. He guessed it went to City Council butdidn’t know what the vote was. He asked for a meeting with Councilman Cabriales and talkedabout it with him but due to elections it didn’t happen. That was his main concern with thedirection the City was going.

Councilmember Valles stated she had no idea that had happened. She questionedwhether this was something normal or whether just Victorville had adopted this.

Mr. Webb stated many cities did and many didn’t. This was initiated when the PlanningCommission had 60 cases a month. As Commissioner Huber stated, currently there was aboutone case a month. The Zoning Administrator (ZA) was hearing approximately one to one and ahalf cases per month. It wasn’t a matter of a large bulk of items being heard by the ZA. Whatthis was initially tied to was a long time discussion by the Planning Commission when there wasan abundance of cases. When Staff came to Council regarding new fees, the City’s $350 fee,compared to the surrounding cities $2,500 fees for Conditional Use Permits (CUP’s) and SitePlans, wasn’t even paying for the cost incurred by Staff to advertise, notice, and prepare thecase for a hearing. A fee study was initiated and as a result, a $2,000 fee was proposed for SitePlans and CUP’s for new development that would be heard by the Planning Commission and afast track approval for existing development would be charged the old $350 fee. These projectswere minor CUP’s and Site Plans such as room additions and temporary uses such as the DMVoffices locating in an existing site for three to six months. Those were the types of projects thatthe Zoning Administrator, which was currently the Assistant Director of Planning Chris Borchert,was hearing. There were advantages as far as cost recovery in the time it took to preparereports and agendize the project. In addition, the noticing requirements were less strict for theZoning Administrator as the hearings could be held during the day. Also, the meetings were notas scheduled as they could be a week from now or two weeks for now. The advantage to theapplicant was a lower cost and the case could be heard in three weeks as opposed to sixweeks. Of the seven cases heard since the position was adopted in December of 2009, allwere minor CUP’s and Site Plans and there had been no complaints from any of the applicants.Commissioner Huber stated that the applicants were not getting the additional benefit of costcutting or ideas that might come from the Commission; the applicant was paying less andsaving time for minor additions and uses that already had adopted design guidelines. If an

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applicant was building an addition that matched the approved building style, then it would gothrough the ZA process. If there was a problem, it could be taken to the Commission by eitherStaff or the applicant. There had been no problems to date.

Councilmember Valles stated, if she understood what Mr. Webb was saying, that beforethe change was made, Staff was getting massive complaints by builders because they weren’tgetting service at the counter and things were taking too long so it was fast tracked and now theprocess was better.

Mr. Webb stated, “Yes.”

Mayor McEachron stated he had had the opportunity to be on both the PlanningCommission and the City Council so he could see both sides of the issue. He was on thePlanning Commission when it was handling two meetings a month and over 60 items permeeting. It was a tremendous problem and the Commission was getting complaints from thedevelopment industry and from applicants as to why it took so long to get through the process.He noted that probably half the people in the audience had complained to him at that time. TheCommission decided to take steps to streamline things and make them better; the currentprocess was a result of that. Unfortunately, due to the current economy, there wasn’t thedevelopment occurring so that the current Planning Commission could get the experience. Heagreed with Commissioner Huber that the new Commissioners couldn’t understand what theywere supposed to be doing without experience. He didn’t want to undo what had already beendone but he agreed with Commissioner Huber in that he had also received several complaintsthat there was no flexibility or ability to be heard. He felt perhaps that situation should be lookedat so applicants could be heard by the Planning Commission. New zoning as well as a newGeneral Plan had been implemented and he didn’t necessarily want to deviate from that but hestill thought there should be the ability, in situations where the use did not fit the zoning or theGeneral Plan, for applicants to be heard instead of being turned away at the counter. That wasin no deference to Staff; they were just following the Code that the Planning Commission andCity Council adopted. Having been through one of the largest economic booms in this City andseeing two meetings a month go three to four hours, have sixty plus items, and approving sucha large amount of development, something had to be done to make it easier for thedevelopment community to get through the process. That was the purpose of establishing theZoning Administrator. It probably wasn’t needed now but when the economy came back, if theposition wasn’t in place, the development community would be back complaining again. Hedidn’t feel that it would be beneficial to undo something that was requested by the developmentcommunity only for them to ask that it be reinstated in four or five years from now. He felt itshould be left in place as it didn’t seem to be detrimental. The only thing he would like to seeoccur was to give everyone a chance to be heard by the Commission, if the business theywanted to open did not fit the current zoning. Ultimately, if they were denied at the PlanningCommission level then it could be appealed to the City Council and they could decide thematter. As far as putting together a group of community leaders, residents needed to beinvolved. The group couldn’t be comprised of just the business community or the developmentcommunity as residents had to be involved because they lived, worked, and had children goingto school in the City; they needed to have a say as well.

Mr. Webb stated Staff would take that direction but noted that any determinations of usedid go to the Commission as well as any appeals. These were not determinations he had beenmaking, they were black and white issues that everyone was expressing dissatisfaction with. Asfor the first workshop, he felt the issues at the forefront were the restriction of what hedetermined to be social services, whether continuation school, health care facilities, or clinics inprime retail locations. He had sent an abundance of e-mails to the City Council and Planning

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Commission explaining the issues and concerns of the development community on being zonedout of prime retail. If the Commission and Council wanted Staff to address those issues, he feltthat should be a separate workshop from one on building neighborhoods, which would involvethe BIA and citizens. Both were urgent.

Mr. Webb stated he was a Certified Planner of 20 years with experience in manycommunities both depressed and high quality. His training, background and experience were inthe root causes and that was what he was attempting to present. Some of the facts werepresented because the City needed to build from the ground up. Re-roofing was great whenyou had a lot of money but that only solved the symptom, there were causes from below and hefelt it was more the neighborhood than the commercial development. The commercialdevelopment was trying to take care of and cater to the communities that had been built. Bothissues needed to be worked on. He felt the people attending tonight’s meeting needed aseparate workshop to discuss what were and weren’t included in social services, which wererevenue producing for the City and which ones weren’t, and what were the best locations.Instead of changing what was allowed in what zone perhaps looking at what areas of the Citycould be re-zoned to allow those types of uses would work. He felt that was the biggest issue ofthe Commercial Brokers at this time and that issue should be addressed first before getting intothe neighborhood issue which would take longer.

Chairman Porter and Mayor McEachron agreed with Mr. Webb’s assessment.

Mr. Webb stated Staff would most likely bring forward a combination of permitted usesand zone changes for discussion.

Commissioner Porter questioned whether the workshop could be agendized to a specificdate as she would like all the Planning Commissioners to be present.

Mr. Webb stated in order to allow Staff time to prepare, the first meeting could be held in30 days. After that meeting, Staff could probably turn things around in two weeks, if theCommission wanted to hold additional workshops.

Chairman Porter said the next Planning Commission meeting would be held July 13th sothe regular meeting could be held and then recessed into the workshop to make decisions asnecessary.

Mr. Webb stated Staff would notify as many organizations connected to that as theycould think of.

Commissioner Huber stated he had received a lot of phone calls since he was Presidentof Old Town Property Owners Association about why small operations were not allowedtemporarily in Old Town. Old Town was deteriorating fast and until plans were made of whatthe City was going to do there, he didn’t understand why businesses couldn’t be allowed on atemporary basis. He felt Old Town was going to be lost and the Fire Department might as wellgo out and torch the rest of the buildings. He questioned what City Council’s stand was on thatissue.

Councilmember Valles requested to be updated on what the plan was for Old Town, asshe had no knowledge on the subject.

Mayor McEachron stated he knew of a study being conducted to look at the Old Townarea and questioned whether City Manager Jim Cox would speak to that subject. He also

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requested that that be a part of what was looked at in the workshop. Perhaps a full presentationof what was going on with Old Town could be brought to the Council.

Mr. Webb stated there was a Specific Plan currently being worked on by Redevelopmentand Planning. A consultant had been hired that Staff had been working with for approximately ayear and he believed it would be ready for presentation in a couple of months.

Mayor McEachron questioned whether there would be a full presentation at that time.

Mr. Webb stated there would be a rough draft at that time.

Councilman Cabriales stated, with regard to Commissioner Huber’s question, his opinionwas that as the Council moved forward with the concept of something between Pro-Growth andSmart Growth, he wanted to make sure that the concept of pro business wasn’t left behind.There were a lot of vacant stores and buildings within the City and he felt there had to be a wayfor people to occupy them.

Mr. Webb acknowledged Councilman Cabriales’ comments and noted that Staff was notjust saying no at the counter. He talked to the line staff that saw the City through the boom andapproved tons of projects and assisted with those projects and the developers. That processhad not changed and Staff had not changed. They didn’t just say no and it was in defense ofthem that he made that statement. He didn’t want it represented as that to the public. Anycomplaints that had come his way he cc’d all of the Planning Commission, City Council and CityManager on. Those issues had either been resolved or they had gone away unhappy becausethey weren’t coming back to him. If the Commission and Council were receiving complaints, heasked that they be directed to him as it was his job to resolve them.

Councilmember Valles requested that when the issue came back before the Council thatall the related impacts to everyone involved were included.

Chairman Porter opened the meeting for comments.

John Boyer, 13646 Rose Place, addressed the Chair and stated he had had problemsadding a towing business to his current business in Old Town. After talking with the PlanningDepartment he received a tentative go-ahead. After talking with a few other departments, hereturned to the Planning Department and was told that they would not change the zoningrequirements and that any Conditional Use Permit or zoning change was not going to occur. Heasked where he could go now. He didn’t feel that Staff should have the authority to approve ordisapprove applications.

Chairman Porter questioned where Mr. Boyer’s business was located.

Mr. Boyer stated it was on First and D, Sid’s Auto.

Jim Phillips, 14557 Choco, Apple Valley, addressed the Chair and stated he had a clientthat wanted to locate a clinic in the downtown area on 7th Street in the Store Front Commercialzone. After looking up the uses allowed in Store Front Commercial and speaking with Staff itwas stated that that use would not be allowed. He felt that issue had been addressed, howeverhe felt that social services were not something that Staff wanted in Store Front Commercialzoning or in the City and that was sad because he felt if any city needed social services this onedid. He also noted that churches were not allowed in any of the current zones, they had to go

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through the Conditional Use Permit process and pay high fees to obtain one. He felt $2,500 fora Conditional Use Permit was outrageous.

Joseph Brady addressed the Chair and stated he felt that Smart Growth had a lot ofmerit. As a professional he drove the valley on a quarterly basis and felt the area was aboutready to tip one way or the other. If something wasn’t done about the zoning, housing andcommunities, the Commission and Council wouldn’t have to worry about people building housesup here because the people he represented didn’t want to build houses up here right now. Itwasn’t a real desirable place to live, work or do business. Victorville used to brag about beingthe most affordable housing in the state; he thought everyone could now see what hadhappened as a result of that. 30 percent of the valley’s per capita today was on welfare andfood stamps and unemployment was around 26%. As you drive around and see the amount ofbuildings that were vacant, it’s not hard to figure out why they were vacant, it was because noone was going to come up to the area to open a business. The area needed to create value.As Mr. Webb stated there were symptoms and causes to the problem and he suggested that theCommission and Council drive the valley and see what was out there. He felt it might reallyopen their eyes as what happened in Victorville had an effect on Hesperia, Apple Valley andAdelanto. He noted that two months ago he hosted a meeting with the City Managers, Mayors,RDA, Sheriff and County representatives where they talked about these issues. Theydiscovered there was no link between City and County Code Enforcement. In a personalconversation with Steve Cooley, the Republican nominee for District Attorney in the lastelection, Mr. Cooley stated that the reason the high desert was having so many problems wasthat there were no hooks in our Code Enforcement. He urged both the Commission andCouncil to pick up a copy of the L.A. Times and see what Palmdale and Lancaster were doing.We follow what they do because they had the same problems and similar demographics as wedo. Code Enforcement was becoming a major issue. Unless the area created jobs, we wouldn’thave to worry about nice neighborhoods. He felt Smart Growth should be encouraged and thatthe message be sent out that the City was open for business. He admitted to having challengeswith Staff but they were worked out. He felt the challenge was how things were interpreted andin communication: this meeting was a start. He also felt some fresh eyes to the issue would behelpful.

Councilman Rothschild questioned Mr. Brady on the subject of Code Enforcement andasked for definition on what was discussed such as pre-construction, post-construction or what.

Mr. Brady stated it was post-construction. He noted each city had Code Enforcementbut either there was not enough people employed as officers or there were no hooks in theprocess. He again suggested that everyone read about Palmdale and Lancaster. If Victorvillewas the second city with the most Section 8 housing.. ..what the article stated was there was acorrelation between Section 8 and Code Enforcement problems and every other social problemthat the valley was starting to see. As you drive through the neighborhoods it’s made real clear,Code Enforcement was needed. He felt, if the County and the five cities, which includedBarstow, would work together, it would really make a great plan.

Chairman Porter asked that Mr. Brady provide the Commission and Council with a copyof the article he referred to.

Mr. Brady stated he had sent the article to the City Manager this morning.

Colleen Butcher, 15500 West Sand, addressed the Chair and stated she was withColdwell Banker and specialized in retail. She had been getting significant interest from peoplein commercial retail. She noted that several of the larger tenants were limiting their presence to

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one to three locations throughout the Victor Valley. She would like to encourage them to cometo the City of Victorville. She felt one of the things that could be done to encourage businessesto locate in the City was to put some definitive criteria on the planning code. She felt it wassomewhat subjective and, if there were a bar to hit and they knew what the bar was moredefinitively, she felt the building process would be a lot easier. There was some perceptionwithin the community that Victorville wasn’t one of the easiest cities to deal with in some cases,so whatever could be done to encourage businesses to locate within the City would bebeneficial to all.

Jason Lamoreaux, 15500 W. Sand Street, #8, addressed the Chair and stated he wasconcerned with the small businesses that were having problems. He pointed out issues with theC-2 zoning and interpretation of counter personnel with some of his clients. He presented theCommission and Council with a hard copy presentation (attached) of a specific property andnoted that the use had been denied so the applicant relocated to Apple Valley.

Councilman Rothschild reiterated that the business was deemed to be an assembly useand was turned away then questioned whether anyone had thought to ask to appeal thedecision to the Planning Commission or was it presented by Staff that that wasn’t available tothem.

Mr. Lamoreaux stated the client felt there was so much resistance from Staff in additionto the time it would take to process the appeal; they did not want to pursue it. The client wasunder a time constraint and felt they were discouraged from the appeal process because,according to Staff, it was an assembly use and would not conform. He noted that the buildingwas an office building, not a retail center and not feasible as C-2; the zoning had made thebuilding obsolete. There was no access from Amargosa Road, limited parking and was not setup for retail use.

Councilman Rothschild instructed the audience, if they had what they felt was anappropriate project for the City and seemed to be running into resistance, they should insist tobe heard by the Planning Commission.

Chairman Porter noted that in coming before the Commission they needed to give themembers all the facts. There were a lot of things involved in the decision process that might notbe readily apparent such as adequate parking with an assembly use in the older part of town.

Councilman Rothschild wanted the Commercial Brokers to make the decision to beheard by the Planning Commission, if there was a difference of opinion. He noted that aspecific time period could be placed on the use.

Chairman Porter stated that was the purpose of a Conditional Use Permit, because it didallow the Commission to put limits on uses. Anyone could be heard by the PlanningCommission by writing a letter requesting to be put on the agenda, but they wanted to knowwhat it was regarding so they could do their homework.

Don Brown, 14369 Park Avenue, Suite 200, addressed the Chair and questioned whenthe last time was that a Conditional Use Permit came before them. As his colleagues hadstated, there had been opportunities to place businesses within the City that had beendiscouraged by Staff because the use didn’t quite fit the mold of that particular zoning. Hewasn’t clear on why the Conditional Use Permit process was changed. As a developer,contractor, and real estate broker for the last 30 years in the high desert, he didn’t feel theprevious system was dysfunctional. In the current economy, it was easier to re-locate a tenant

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than to go through the process of trying to get one approved. He had met with the City Managerbecause he was concerned about jobs. It was difficult to create jobs, if there wasn’t any placeto put the business. He noted that at the meeting with the City Manager was where he foundout about the joint workshop. He questioned his colleagues as to whether they had beennotified of the workshop and the response was that no one had been notified. He was pleasedto hear that the Council and Commission would be moving forward with workshops but he notedthat time was an issue. He questioned how many jobs had been lost due to the lack of a reviewprocess to bok at each individual tenant that might be going into one of the retail centers on acase by case basis.

Mr. Webb noted that the CUP process had not changed. A Conditional Use Permit wasdiscretionary and could be applied for as stated by the Commission and Council. He wasn’taware of any that had been denied in the last year and clarified that a Conditional Use Permitwas only allowed to be applied for in specific zones. For example, you couldn’t put an autowrecking CUP in a residential zone. He felt the issues being stated would be discussed at theworkshops as far as Code provisions for permitted and conditional permit uses. It wasn’t theprocess, it was the table used by Staff as to what was permitted where. If a Conditional UsePermit wasn’t even allowed in a specific zone, then Staff had no discretion. Some of thefrustration with Staff at the counter was developers getting an answer they didn’t want, whichwas, “No, it’s not allowed.” That was the issue and what needed to be discussed at theworkshop, where uses were permitted and conditionally permitted, so they would even beallowed to go through the process. The other issue was whether to change the zones orchange the places where those uses were needed.

Councilman Cabriales stated the presentation by Jason Lamoreaux showed the buildingon Amargosa Road where there was no direct access and it was zoned commercial. It used tobe a county service building. No commercial business in it’s right mind would want to locatethere because there was no access. He questioned what could be done with that type ofbuilding.

Mr. Webb stated he had forwarded a memo on this issue and several others to Counciland the Commission on December 16th He would resend the memo, which showed he hadattempted to work through the issues to try and resolve them rather than to just say no to theuse. There were times when some flexibility was built into the Code, but cities zoned for theland not for the buildings upon the land. The problems occurred when the land was zoned forits highest and best use. The current tiny lots that were subdivided 100 years ago should neverhave been allowed. What do you do with the tiny building currently on them, you either leavethe building layout the same and continue to have the same type of uses and not progressdevelopmentally or you start grouping together areas and zone them like some of theintersections for the new pattern of development which wasn’t strip mall but super centers. Staffdid try to look at properties individually and determine where there was room to changesomething. The reason for this meeting was due to disturbing trends, one of which was usesthat weren’t permitted and dissatisfaction with that. He apologized for the lack of notification butexplained that this wasn’t intended to be a joint meeting until about two weeks ago when theCouncil made that decision. There were issues to be dealt with and Staff was bringing thoseissues forward after several months of people having the same problems locating what hetermed social services in the community. Staff needed to look at the what and why of theproblem and he felt the workshop was the correct way to proceed. He could be given all thediscretion in the world, but still be criticized when he had to say no. That wasn’t the process,there was a Code that went through the entire process; the discretionary uses went through theprocess from Staff to Commission to Council. That was how the process worked pretty mucheverywhere. The issues being brought up developed over time, what Staff was suggesting was

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to look at the standards. Does the City want to increase in some areas such as neighborhooddevelopment or does the City want to be lax in some areas as with social services. If the Citywas looking at affordable housing it would be the same issue, Staff wasn’t opposed toaffordable housing, they were opposed to affordable housing developing without any regulationsand willy nilly all over the place. Affordable housing should be placed near transit facilities andsocial services should be oriented near the affordable housing or multi-family housing. Therewere ways of planning and developing growth; Staff was only requesting to be told to startplanning growth in whatever direction they were given. Complete discretion all the way up theline was not the answer as then projects would be approved by the person and that wouldcreate spot zoning. The neighboring uses also needed to be considered. He noted the appealprocess had never been changed and had always been available, his actions were appealable,the ZA’s actions were appealable as well as the Commission’s actions. Only one extra segmentwas introduced for fast tracking projects. The reason appeals hadn’t been applied for was thatthe Code was black and white. One of the issues that came up in a memo he sent out hadbeen a land use issue in Old Town that was determined in 1995. The determination had beenin place since 1995 so of course Staff would say no to it at the counter.

Councilman Cabriales stated he understood the gray in between as there was the letterof the Code and the intent. He thought that was where the middle ground should be found forthese types of issues.

Mr. Webb stated it was time to redefine the intent, if not some of the Code. Whateveryone should be aware of was not to change the Code to where it couldn’t be undone ifnecessary. To bend was fine and Staff bent as much as they could with the Code that waswithin their authority to do so. The Code, however, didn’t grant him much authority to overturnwhat was in it.

Commissioner Huber stated he felt Don Brown stated it correctly when he said, whyappeal when it was easier to go somewhere else that would take the business.

Poonam Sriaslava, 20159 Majestic Dr., addressed the Chair and stated she was tryingto bring a small business into the City. She had been working with Mr. Brown for the last threeor four months and the problem seemed to be in finding a space that would be acceptable to theCity. The business was a tutoring service, similar to a dance studio but for some reason, Staffwas classifying the business as a school, which made it very difficult to find a space. If shedidn’t open by the middle of July, her franchise would be taken away. She questioned whetherthe Council and Commission had a solution for her as she would be very appreciative.

Mr. Webb stated the business was an after school tutoring program in a commercialretail center.

Chairman Porter questioned whether Ms. Sriaslava had looked into other locations thatwould allow the use.

Ms. Sriaslava stated yes, she had looked at a couple of places in Apple Valley whereshe hadn’t really met any resistance. They were very open to the idea of her coming shebelieved because they understood that the students would only be coming for 20 minutes twicea week and the center would only be open from 4:00 p.m. to 7:00 p.m. in the evening. Shenoted that the use was definitely not a school, it was a children’s service.

Mr. Webb stated when the use was restricted out of commercial zoning some five or sixyears ago, Staff also converted over 500 acres of C-2 land to C-i in addition to the existing C-i

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land. There was at least 500 acres plus that allowed for the use. Ms. Sriaslava wanted tolocate in a commercial retail center; most retail shoppers did not venture past a building thatwas blank or had different hours that weren’t retail oriented. He didn’t have an answer for theproblem but looked for direction from the governing bodies.

Ms. Sriaslava stated the places she considered locating had an existing Silvan Center,which offered similar services and a dance studio. The facility Mr. Brown had represented wason Ridgecrest and she thought it would be an ideal location due to it’s proximity to a housingcommunity and three schools. She stated it was usually at the elementary and middle schoollevel where this type of service would be sought for children.

Ken Walsh, 8709 SVL Box, addressed the Chair and stated he had a real estate licenseand couldn’t be bothered anymore trying to dealing with Victorville. Commissioner Huber wasright in that he had to fight every case. He worked with the college and tried to put an educationcenter in downtown Old Town. It was needed in that area because it was a Spanish educationcenter. He was told no. The college was a commercial venture so he felt it was appropriate.He had to go over their heads and talked with Economic Development and CouncilmanCabriales. Without their help, it never would have happened. Things had to change for thecommunity to survive. He felt the Planning Department needed a public relations department toteach them a few things. That was Mr. Cox’s department as he was great with public relations.He stated that the City used to be very easy to work with and now it was like running into a brickwall any time you wanted to do something. He commented that the presentation was “Nicey,Nicey,” but the number one asset in the community was the college and it was never shown inthe presentation. He felt that should be the key point of conversation. There were 13,000 kidsattending the college and another two to three thousand that couldn’t get in. He felt majorchanges needed to be made to get the community moving forward.

Vimal Buanvadia, 14280 Roy Rogers, addressed the Chair and stated he was abusiness owner in Victorville and Hesperia and employed approximately 110 employees. Henoted in the last year or so he has had to lay off approximately 15 people in the civic district. Henoted that Victorville had to compete with Hesperia and Apple Valley for businesses. He justopened up a new location in Hesperia and the process was phenomenal and a pleasure to dobusiness with them. He noted that a lot of businesses were going out of business in the centerwhere he was located. Those tenants were replaced with new tenants instead of the centergrowing. Perception becomes reality in that business in the area wasn’t sustainable. Theperception of the inflexibility of the City was becoming a reality. When he talked to otherretailers, they all told him that no one wanted to do business with the City. When you look at thecentral areas such as the mall and the civic center, they looked desolate. If he was going to putin an office space he wouldn’t want to put it in the civic center area because it looked desolate.If the City wanted to improve on the housing of the area, they also needed to improve the mainareas by putting tenants in them. Even if the use was a not for profit use, the people coming tothat business spent money. That was what retailers looked at, the employees of thesurrounding businesses. The two centers listed on the City’s website were Dunia Plaza andCivic Rogers. Civic Rogers had pretty much been empty for the last two to three years and froma retailers standpoint they would look at the center, see that the insides weren’t even filled andask themselves why would they want to locate a business there. He also noted that the cost ofgoing through with the planning process was a problem. It was more expensive in Victorvillethan it was in Hesperia. When he broke ground on their Bear Valley location, the City was veryflexible and worked with him on materials to keep the cost down. In the last few years he hadbuilt the Farmer Boys on Roy Rogers and was asked to put up a special tile on the roof whichalone cost him $65,000 more than the tile that looked the same. Decisions were made onchoice and five years ago Victorville was the only choice.

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Chairman Porter stated Mr. Buanvadia had run out of time.

Robert Kilpatrick addressed the Chair and stated he had been doing consulting work inthe valley for 25 years. During that time, he had processed a lot of applications. Perceptionwas key and one thing that stood out and made the City of Victorville a pro-growth communitywas that the approval process was very timely. When he submitted an application, it took only30 to 60 days to get to the Planning Commission. The application was submitted at the counterand deemed complete and it went to Planning Commission. It didn’t matter how bad or what theissues were, the Planning Commission was the one to decide what should be approved in theCity. He noted that things changed and he didn’t want to go backward. He thought SmartGrowth was a great idea and one of the things he was always touting was that Old Town wasgoing to be the future of the community in terms of Smart Growth. What he would like to seewas a compromise with the way things had been done in the past in order to get things movingagain. He felt routing applications to the Planning Commission sooner would help and that Staffshould deem the application complete at the counter. This was important as that was when theCEQA timeline started. If the project was more complicated and needed additional involvement,then it could be continued. Continuances used to happen all the time when the Commissionmet twice a month. In looking back at history, the reason for the Zoning Administrator positioncame from when things were extremely busy and nothing could be done quick enough for thedevelopers.

Chairman Porter reminded Mr. Kilpatrick that if an item were continued, an adjournedmeeting could be held at any time. It didn’t make sense to have two meetings a month,however, when the Commission was only hearing one item a month.

Commissioner Huber stated he was discouraged that none of the other CouncilMembers made any comments on his idea to put the Zoning Administrator position on hold for acouple of years until development came back. He guessed they all agreed with MayorMcEachron. He was still confused as to which way the City wanted to go. The Code stated thatStaff could do anything they wanted to do, it did not have to go to the Planning Commission. Hequoted the Code section, “. . . unless reviewed by the Zoning Administrator,” stating those werethe key words.

Mr. Webb stated again that items heard by the Zoning Administrator were minor CUP’sand Site Plans only as a fast tracking mechanism at a much reduced cost. The timing was dueto state requirements wherein the public noticing wasn’t necessary. The cost was only $350and the seven people that had been heard by the ZA had all been approved as had the peoplethat went through the Planning Commission this year. There had been no need of continuancesand there were no complaints from those people. The complaints as he believed to be hearingthem were the fact that the Code was strict in the retail commercial use areas. This could beresolved at the workshop where Staff would ask for more flexibility through allowing CUP’s thatwould then go through the discretionary process. He didn’t think any of the complaints werethat the discretionary process was broken. What he felt was at issue with the CommercialBrokers was the use and the zoning in the Code as far as what could go where. He had sentout a briefing at the request of Councilman Rothschild on the status of the ZA cases. Thepeople that went through that process were not present at the meeting, however he could havecalled them; next time he would and they could testify. None of the people present had gonethrough that process. If they were denied that process, it wasn’t a discretionary decision it wasblack and white in what was permitted. In an attempt to satisfy the Commercial Brokers, heasked that the Commission and Council allow Staff to build in flexibility, if that was what theywanted, and change where CUP’s were permitted for social services as well as some zoning

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Minutescontinued -18- June8,2011

Councilman Cabriales stated when everyone attended the workshop and there was inputfrom the parties of interest, there would be discussion of the Zoning Administrator.

Mr. Webb stated, if that was the problem there would be discussion on it, however so farthat didn’t appear to be the problem. The problem was the Code and not the process. No onehad complained about the ZA or the Planning Commission being too strict. The idea was not tohave Planners busy as there was less than half the staff and they were very busy. The ideawas to fast track projects by culling the timing in half and to keep up in cost recovery withneighboring communities. Once an application was processed for the Planning Commissionlevel, all sorts of routing and review periods were required by the State. Items heard by the ZAwere minor cases that could be approved administratively. When asked whether there wereZoning Administrators in other cities, they didn’t necessarily have this formal system. Prior tothe ZA position, John Hnatek would have administratively approved half of those cases. It hadalways been that way. It was just scary when the City only had 11 cases in 8 months but goingfrom one to two Planning Commission meetings in a month was not going to solve that problem.The problem appeared to be the flexibility on allowing non-retail uses into the City and where toput them.

Councilmember Valles stated she wanted to hear from the other Planning Commissionmembers as to whether they felt the same way.

Chairman Porter stated as she recalled all the cases heard by the Zoning Administratorwere existing businesses. They were minor and things that the Commission would not havethought twice about approving. If the cost could be kept down for the people submittingapplications, she felt that was an asset. The Commission talked about fast tracking for sometime and she felt that was a good system. Commissioner Huber had every right to bring it up,because he was concerned that the new Commission members wouldn’t get the real feel ofwhat was done but, with the upcoming workshops, the Commission would be very busy. Shewould not vote to change it as she felt it was working very well.

Commissioner Wilson stated he had seen the agenda dwindle to just a few items but healso understood from the times when he was in attendance at the meetings as a member of theaudience with 40 to 60 items on the agenda, the reasoning behind having the ZoningAdministrator. He wouldn’t recommend changing that.

Commissioner Jones stated he could see himself being overwhelmed with 60 to 70items on the agenda. He would learn a lot, but it might be too much. In his opinion he felt itwould be best to be patient. He had learned a lot from the workshops and in due time he wouldlearn more as a Planning Commissioner. He agreed with what the Mayor stated and wouldn’twant to go backward just to have to reinstate the process again. He felt as a new PlanningCommissioner it would be best to be patient and take it as it came.

Councilman Rothschild stated he did not want to lose the Zoning Ordinance that was inplace. What he would like to see, however was to use more discretion to put more of thedecision making back to the Planning Commission. As business begins to ramp up, theOrdinance would be there. He noted that Bill Webb was correct in stating that not everybusiness could go in every zone whether it might feel good or not. There was a lot ofexperience built into the restrictions in the Code. That was the reason for CUP’s. He felt timelimits could be an answer to the problem. He agreed that Old Town was going to be thegeographical center of the City. The Desert Express people would be breaking ground nextyear and he felt the whole north end of the City would change dramatically. He felt within the

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next 15 years, the City’s population could double and a major part of the population could beacross the river and Old Town would be the center.

Councilmember Valles questioned whether Commissioner Smith would like things tostay the same.

Commissioner Smith stated he felt the Planning Commission could handle more. Hehad been on the Commission only three months and had seen only three items. TheCommission should have more responsibility but he didn’t feel the Zoning Administrator positionshould be eliminated. When the agenda items increased, it would be good to have the fasttrack process. With the economy being what it was, the Planning Commission should be takingon more responsibility and looking at some of the items.

Councilmember Valles stated what she heard was that the audience members weren’thappy with the Planning Department because they felt they were being told no and not gettingthe cooperation they needed. The Planning Commission felt that they could take on more andsome felt that things were okay as they were. Mayor McEachron didn’t want to changeanything. The only thing she could suggest was for the Council to break down into a subcommittee of two members that would meet with the Planning Department, PlanningCommission and members of the community to see if they could come up with some solutionsor recommendations to the Council. Commissioner Huber wanted some guidance from theCouncil. She questioned Mayor McEachron as to whether he would be willing to have theCouncil break down to a subcommittee and perhaps address some of the concerns.

Mayor McEachron stated he didn’t have an issue with doing that and felt, if the PlanningCommission would like participation from two Council Members, that could occur. He clarifiedthat he didn’t say that he didn’t want any change, he specifically asked that some flexibility bebuilt into the process. He expected that once the workshops were held that that was whatwould be coming back to the Planning Commission and City Council.

Mr. Webb stated he would make sure the two Council Members would be invited to theworkshop where the issue would be discussed. If the Council and Commission wanted to takethe projects given to the Zoning Administrator and give them to the Planning Commission thatwould be fine, the problem was there would be a delay in time because of the additional noticingand report writing involved. That issue could be dealt with at the workshop but he really felt, ifgiven the choice between the Zoning Administrator position or land use issues as to what waspermitted and conditional, that the land use issue would win over with the Commercial Brokersas being their priority. He would hold whatever type of workshop the Council and Commissionwanted. He felt it would resolve the Commercial Broker’s issues, but if it didn’t, Staff could startsending the ZA projects to the Commission immediately, they just wouldn’t be handled as fast.

Chairman Porter stated there was also another issue. It was her understanding that, ifan item was heard by the Planning Commission the fee was $2,500 as opposed to $350 fee tobe heard by the ZA.

Mr. Webb stated there would have to be another Code Amendment to figure out the feesfor public noticing and add those on to the $350.00 It would probably be something between$350 and $2,000. For the applicant that meant a higher fee and a longer time period. Thatwasn’t a threat, that was what the State regulations required.

Chairman Porter stated it could be limited to only existing businesses.

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Mr. Webb stated the ZA cases were existing businesses such as a restaurant thatwanted to sell alcohol or a business or home that wanted to add a room; it wasn’t newdevelopment. That was how it was differentiated and divided during the process.

Councilmember Valles stated it would be nice to have the public participate in some typeof survey so the City would know how to better serve their needs and find out what the hotareas of concern were.

Commissioner Huber stated everyone was missing his point. If you look to a year fromnow, the Planning Commission might have three items to hear and Staff might have seven.Then Staff would say they needed additional help because they won’t be able to handle all thecases by themselves. His concern was that the City had given Staff all the control in the world.There was no cut off as to how much would be sent to fast track and how much to theCommission. They currently didn’t have to come before the Commission and were only doingso to please the Commission, Council and Commercial Brokers. The way that the Code waswritten, there wasn’t a thing that they couldn’t approve that the Commission had approved. If hewas wrong, he wanted someone to prove it to him.

Mr. Webb stated he could send out the Code tomorrow and in the Code it stated forexisting development, minor additions and minor Conditional Use Permits. All new developmentwas required to go to the Planning Commission. Legally it could not be approved by the ZoningAdministrator as it was required to have a public hearing before the Planning Commission byCity Code, by City charter and by state law. He apologized as he didn’t realize that was whatthis workshop was about so he wasn’t prepared.

Councilman Cabriales stated the original intent was to have the workshop with theparties of interest and look at their recommendations on the Zoning Administrator. That was hisintent as the City needed to have input from the people that were affected by the ZoningAdministrator and the other regulations.

Mr. Webb stated he agreed and stated he also felt that the people who had beenthrough the process should also be included.

Councilmember Valles questioned whether Council would be putting the sub-committeeissue on the agenda.

Mayor McEachron stated, “Yes.”

Commissioner Huber thanked the Council for having the joint meeting. He felt it wasbeneficial for the new Commission members to hear the pros and cons of things. He felt theywere out of the loop. If you didn’t attend the City Council meetings you really didn’t know whatwas going on.

Mayor McEachron recalled the last joint meeting was held over at the Mojave Air QualityManagement District offices four or five years ago. It was a good thing and should be donemore often.

Commissioner Huber apologized to Staff if he had said anything out of line. Some of hisfeelings were from a business standpoint and seeing everything operate.

Mr. Webb stated he understood and was not speaking on his behalf but on behalf ofStaff who were trying hard to do what they were told. In government, reaction time was delayed

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by bureaucracy, by the time something was put into effect, it was always outdated. This Cityworked pretty fast to implement things, even so, by the time it was implemented, it might needreadjusting. He felt the workshop would allow everyone that opportunity.

There being no further comments, Chairman Porter adjourned the Planning Commissionmeeting to July 13, 2011 at 5:00 p.m.

Mayor McEachron adjourned the City Council meeting to June 21, 2011.

PASSED, APPROVED AND ADOPTED this 1 Qth day of August 2011.

PAULA PORTER, CHAIRMANVICTORVILLE PLANNING COMMISSION

ATTEST:

BILL WEBB, SECRETARYPLANNING COMMISSION

PASSED, APPROVED AND ADOPTED this 2 day of August, 2011.

RYAN McEACHRON,MAYOR OF THE CITY OF VICTORVILLE

ATTEST:

CITY CLERK

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11 H

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AGENDA ITEM

CONSENT CALENDAR


SUBMITTED BY: John A. McGIa DATE: July 11, 2011City Engineer

ATTACHMENTS: Vicinity Map, Letter of Request, & Bonds

SUBJECT: REQUEST TO REDUCE 80% OF THE SEWER BOND(S) AND ACCEPTTHE WORK INTO THE PUBLIC MAINTENANCE SYSTEM AND REDUCE 60% OF THESTREET BOND(S) FOR TRACT(S) 13908-3 & 4.

RECOMMENDATION: APPROVAL OF AN 80% REDUCTION OF THE FAITHFULPERFORMANCE BOND(S) FOR SEWER ONLY AND ACCEPTANCE OF WORK AND A60% REDUCTION OF THE FAITHFUL PERFORMANCE BOND(S) FOR THE STREETSFOR TRACT(S) 13908-3 & 4.

FISCAL IMPACT: $0

_______________________

Budget Amount: $0



Budget Acct. No.:


DISCUSSION: KB Homes has requested an 80% bond reduction for the sewer forTract(s) 13908-3 & 4. The sewer work has been completed satisfactorily and theEngineering Department recommends an 80% bond reduction of the FaithfulPerformance Bond and acceptance of the work into the public maintained system. Theremaining 20% of the Sewer Faithful Performance Bond will be held for the one-yearwarranty period for Tract(s) 13908-3 & 4.

CITY OF






VNoYes/$Amount:

Acimin. Services Director Review andApproval tZttte ‘7fl--dht-_-

JAMc/HW:ccp/engineriingnas/developmeritfAgendaltems/Agendaltems.BondReleases/Releases.0802 11/1 3908-3&4.80%releaseSP&60%ST.08021 1

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Tracts 13908-3 & 4Agenda Item for the City

Council Meeting August 2, 2011Page 2 of 2

KB Homes has also requested a reduction of the Street Bond(s) for Tract(s)13908-3 & 4. At this time, 60% of the street work has been completed satisfactorily.However, the Developer is still responsible for the maintenance of the streets andcompleting the remaining work as required. Therefore, a reduction of 60% isrecommended for the Faithful Performance Bond(s) for the streets for Tract(s) 13908-3&4.

Tract 13908-3 Sewer & Street (Faithful Performance) Bond No. 4411913Amount of Bond being reduced: $627,800Amount of Bond remaining: $203,400

Tract 13908-4 Sewer& Street (Faithful Performance) Bond No.4411915Amount of Bond being reduced: $713,900Amount of Bond remaining: $254,000

SUBMITTED BY: Helen Wilson, Associate Civil Engineer

JAMC/HW:ccp/engineriingnas/developmentlAgendaltems/Agendaltems.BondReleases/Releases.08021 1/13908-3&4.80%releaseSP&60%ST.08021 1

of 204

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• INDEX MAPSCALE:I” :200 1• •• of 204

City of Vlctorvllle14343 Civic DriveVictorville, CA 92392

Dear Mrs. Wilson,

February 23, 2011

KB Home formally requests a reduction on the below mentioned bonds. if there are anyquestions or concerns, please call me at (951)691-5249.

I I I I

Thank you,

Travis Stalk

FEB 2 42011ENGINEERING

KB HOME SOUTHERN CAL?FORNIA I COASTAL I 36310 tNLAND VALLEY ORVE I WLDOMAR, CA 92595

TEl. 961 691 6300 I KaHOME.COM

Saratoga T13908- QUA 4411913 Victorvllle Streets and j33 Sewer

Saratoga T13908- QUA 4411917 VlotoMile Drainage and $2463203end-4 Sewer

Saratoga T13908- QUA 4411915 fIotorvftIe Streets and4 Sewer

‘C

RECEIVED

Page 232 of 356

of 204

k

BOND NO.: 4411913PREMIUM: $4,987.00

FAITHFUL PERFORMANCE BONDSUBDIVISION

KNOW ALL MEN BY THESE PRESENTS, That we, KB HOME Greater Los Angeles Inc., asPrincipal, and Quanta Indemnity Company, as Surety, are held and fimily bound unto City ofVictorville, as Obligee, in the sum of Eight Hundred Thirty One Thousand Two Hundred and00/1 00 Dollars ($831,200.00), lawful money of the United States, for the payment of which sum welland truly to be made, we bind ourselves jointly and severally, firmly by these presents.

THE CONDITION OF THE FOREGOING OBLIGATION IS SUCI, That, Whereas, said Principal hasentered into a Subdivision Agreement with said Obligee, dated i/?.g/o , in which said Principalagrees to construct improvements in Subdivision known as follows:

Tract 13908-3 Masters at VictorvilleStreets and Sewer Improvements

and, as a condition of approving said Subdivision, the Principal is required to give a bond to guaranteecompletion of said improvements.

NOW, THEREFORE, if the said Principal shall well and truly do and perform all the covenants andobligations of said agreement on its part to be done and performed at the time and in the mannerspecified therein, then this obligation shall be null and void; otherwise, it shall be and remain in fullforce and effect and, in addition, Surety agrees to pay reasonable attorneys’ fees in the event that itbecomes necessary to bring an action to enforce this bond.

Signed and sealed on April 28, 2005.

KB reater Los Angeles Inc.

By______________________STAC SASSAMANDIR OR-FORWARD PLANNING

Quanta Indemnity Company

By

of 204

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

State of California

County of Los Angeles

On May 10, 2005 before me, Sheri Mclnturff, Notary Public, personallyappeared Stacey Sassaman, personally known to me to be the personwhose name is subscribed to the within instrument and acknowledged tome that she executed the same in her authorized capacity, and that byher signature on the instrument the person, or entity upon behalf ofwhich the person acted, executed the instrument.

WITNESS my hand and official seal.

‘Shed Mclnturff

Notary Public - Coilfornia

j\J7 Los Angeles County —

MyComm. ExpiresAug 27, 2005

of 204


State of California


April 28, 2005 before me, Maria Peña, Notary Public,personally appeared Joyce Herrin personally known to me (or proved tome on the basis of satisfactory evidence) to be the person(s) whosename(s) is/are subscribed to the within instrument and acknowledged tome that he/she/they executed the same in his/her/their authorizedcapacity(ies), and that by his/her/their signature(s) on the instrument theperson(s), or the entity upon behalf of which the person(s) acted,executed the instrument.


CM#1414O97

__

NOTAF PUBLIC CALFO

_%1 LOS ANGELS COUNTY Maria Pena72007

of 204

QUANTA INDEMNITY COMPANY[formerly National Farmers Union Standard Insurance Company]

New York City, New York 10020

POWER OF ATTORNEY

KNOW ALL PERSONS BY THESE PRESENTS: that Quanta Indemnity Company [formerly National Farmers UnionStandard Insurance Company], a Colorado corporation, (hereinafter the “Company”), does hereby constitute and appoint:

Joyce Herrin

of Los Angeles, California to be its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred tosign, seal, and execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar nature issued inthe course of its business up to a penal sum not to exceed FIFTY MILLION AND 00/100 DOLLARS ($50,000,000.00) each,and to bind the Company thereby as fully and to the same extent as if the same were signed by the duly authorized officers ofthe Company.

This appointment is made under and executed pursuant to and by authority of the following By-law, which By-law is now infull force and effect:

ARTICLE XVIII- EXECUTION OF POLICIES, BONDS, ETC.

Section 2. All bonds, undertakings, contracts, and other instruments, other than as above for and on behalf of the Companywhich it is authorized by law or its charter to execute, may and shall be executed in the name and on behalf of the Companyeither by the Chairman or the Deputy Chairman, if any, or the President or a Vice President, jointly with the Secretary or anAssistant Secretary, under their respective designations, except that any one or more officers or attorneys-in-fact designated inany resolution of the Board of Directors or the Executive Committee, or in any power of attorney executed as provided for inSection 3 below, may execute any such bond, undertaking or other obligation as provided in such resolution or power ofattorney.

Section 3. All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of theCompany, either by the Chairman or the Deputy Chairman or the President or a Vice President or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may beengraved, printed or lithographed. The signature of each of the following officers: Chairman, Deputy Chairman, President,any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may beaffixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or attorneys-.in-fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding uponthe Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid andbinding upon the Company with respect to any bond or undertaking to which it is attached.

iN WITNESS WHEREOF, this Power of Attorneyhas been subscribed by an authorized officer or official of the Company andthe corporate seal of Quanta Indemnity Company [formerly National Farmers Union Standard Insurance Company) has beenaffixed thereto in New York City, New York this 2 day of March. 24.

Quanta Indemnity Company[formerly National Farmers Union Standard Insurance Company)

Walda Decreus, Assistant Secretary

I

of 204

BOND NO.: 4411913PREMIUM: Included

LABOR AND MATERIAL BONDSUBDIVISION

KNOW ALL MEN BY THESE PRESENTS, That we, KB HOME Greater Los Angeles Inc., asPrincipal, and Quanta Indemnity Company, as Surety, are held and firmly bound unto City ofVictorville, as Obligee, in the sum of Four Hundred Fifteen Thousand Six Hundred and 00/1 00Dollars ($415,600.00), lawful money of the United States, for the payment of which sum well and trulyto be made, we bind ourselves jointly and severally, firmly by these presents.

THE CONDITION OF THE FOREGOING OBLIGATION IS SUCI), That, Whereas, said Principal hasentered into a Subdivision Agreement with said Obligee, dated 4/c4/O , in which said Principalagrees to construct improvements in Subdivision known as follows:

Tract 13908-3 Master’s at VictorvilleStreets and Sewer Improvements


NOW, THEREFORE, if the said Principal or any contractor or subcontractor fails to pay for anymaterials, provisions, or rented equipment used in, upon, or for or about the construction of the publicimprovements or performance of the work to be done, or for any work or labor done of any kind, in oron such improvements, said Surety will pay the same in an amount not exceeding the sum set forthabove and, in addition, the Surety agrees to pay reasonable attorneys’ fees in the event that it becomesnecessary to bring an action to enforce this bond.

This bond shall inure to the benefit of the contractor, his subcontractors, and to persons rentingequipment or furnishing labor or materials to them for the improvements.


KB reater Los Angeles Inc.

B

__________

S CEVSASSAMANECTOR-FORWARDPLANMNC


By____________

__

I. yce Jlerrin, Attorney-in-FactV

of 204


State of California


On May 10, 2005 before me, Sheri Mclnturff, Notary Public, personallyappeared Stacey Sassaman, personally known to me to be the personwhose name is subscribed to the within instrument and acknowledged tome that she executed the same in her authorized capacity, and that byher signature on the instrument the person, or entity upon behalf ofwhich the person acted, executed the instrument.


McINTURFFMcInturff

Commission 1 1315724

Notary Public - Californiaz 1.05 AngeleS County

My Comm. Expires Aug 27,2005

of 204


State of California


On April 28, 2005 before me, Maria Peña, Notary Public,personally appeared Joyce Herrin personally known to me (or proved tome on the basis of satisfactory evidence) to be the person(s) whosename(s) is/are subscribed to the within instrument and acknowledged tome that he/she/they executed the same in his/her/their authorizedcapacity(ies), and that by his/her/their signature(s) on the instrument theperson(s), or the entity Upon behalf of which the person(s) acted,executed the instrument.


IAPE- COMM.#i414°97

NOTARY PUSLC CALIFORNIA Maria PeñaLOS ANGSLES COUNT

of 204



POWER OF ATTORNEY


Joyce Herrin





Section 3. All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalfof theCompany, either by the Chairman or the Deputy Chairman or the President or a Vice President or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may beengraved, printed or lithographed. The signature of each of the following officers: Chairman, Deputy Chairman, President,any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may beaffixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or attorneys-in-fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding uponthe Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid andbinding upon the Company with respect to any bond or undertaking to which it is attached.

TN WITNESS WHEREOF, this Power ofAttorneyhasbeen subscribed by an authorized officer or official of the Company andthe corporate seal of Quanta Indemnity Company [formerly National Farmers Union Standard Insurance Company] has beenaffixed thereto in New York City, New York this day of March, 2004.

Quanta Indemnity Company[formerly National Farmers Union Standard Insurance Company]


of 204

jMSiiAIMPORTANT DISCLOSURE NOTICE

REGARDINGTERRORISM RISK INSURANCE ACT OF 2002

Under the provisions of the Terrorism Risk Insurance Act of 2002 (“The Act”), we areproviding this disclosure notice for bonds for which a subsidiary of Quanta U.S.Holdings, Inc. is the surety. You are hereby notified that any losses caused by acertified act of terrorism as defined by The Act may be partially reimbursed by theFederal Government under a formula established by The Act.

The term “certified act of terrorism” means any act certified by the Secretary of theTreasury, in concurrence with the Secretary of State and the Attorney General of theUnited States, to be an act of terrorism; to be a violent act or an act that is dangerous tohuman life, property or infrastructure; to have resulted in damage within the UnitedStates, or outside the United States in the case of an air carrier or vessel or thepremises of a United States Mission; and to have been committed by an individual orindividuals acting on behalf of any foreign person or foreign interest, as part of an effortto coerce the civilian population of the United States or influence the policy or affect theconduct of the Federal Government by coercion.

The formula established by The Act requires the Federal Government to pay 90% oflosses arising from certified acts of terrorism that exceed the statutorily establisheddeductible to be paid by the surety.

Acts of terrorism are not excluded from any surety bonds issued on your behalf andyour premium charge for terrorism coverage is $0.00.

This is a notice regarding your terrorism coverage which should be used for informational purposes only.Please refer to the bond form for the terms and conditions regarding your terrorism coverage.

Form Number SUR 10001 (Ed. 4104) of 204

BOND NO.: 4411915PREMIUM: $5,807.00

FAITHFUL PERFORMANCE BONDSUBDIVISION

KNOW ALL MEN BY THESE PRESENTS, That we, KB HOME Greater Los Angeles Inc., asPrincipal, and Quanta Indemnity Company, as Surety, are held and firmly bound unto City ofVictorville, as Obligee, in the sum of Nine Hundred Sixty Seven Thousand Nine Hundred and00/1 00 Dollars ($967,900.00), lawful money of the United States, for the payment ofwhich sum welland truly to be made, we bind ourselves jointly and severally, firmly by these presents.

THE CONDITION OF THE FOREGOIISTG OBLIGATION IS SUCH, That, Whereas, said Principal hasentered into a Subdivision Agreement with said Obligee, dated ‘i/9/.’ , in which said Principalagrees to construct improvements in Subdivision known as follows:

Tract 13908-4 Masters at VictorvilleStreets and Sewer Improvements


NOW, THEREFORE, if the said Principal shall well and truly do and perform all the covenants andobligations of said agreement on its part to be done and performed at the time and in the mannerspecified therein, then this obligation shall be null and void; otherwise, it shall be and remain in fullforce and effect and, in addition, Surety agrees to pay reasonable attorneys’ fees in the event that itbecomes necessary to bring an action to enforce this bond.


KB eater Los Angeles Inc.

By______________________

ThCE’( SASSAMANIRECTOR-FORWARD PLANNING


ByíLé&oycoHerrin, Attorney-inFact

of 204


State of California


On May 10, 2005 before me, Sheri Mclnturff, Notary Public, personally

appeared Stacey Sassaman, personally known to me to be the person

whose name is subscribed to the within instrument and acknowledged to

me that she executed the same in her authorized capacity, and that by

her signature on the instrument the person, or entity upon behalf of

which the person acted, executed the instrument.


SHERI MC INTURFF SheriMcInturff- I”2S Commission # 1315724

Notary Public - CaliforniaLos Angeles County

MyComm. ExplresAug27, 2005

of 204


State of California


On April 28, 2005 before me, Maria Peña, Notary Public,personally appeared Joyce Herrin personally known to me (or proved tome on the basis of satisfactory evidence) to be the person(s) whosename(s) is/are subscribed to the within instrument and acknowledged tome that he/she/they executed the same in his/her/their authorizedcapacity(ies), and that by his/her/their signature(s) on the instrument theperson(s), or the entity upon behalf of which the person(s) acted,executed the instrument.


4\ QQMM *1414097

NOT’ PUBLC CALIFORNIA (fl

ILOS ANGELES COUNTY

My Comm. ExPireS Ap r 27 2007

Maria Peña

of 204



POWER OF ATTORNEY


Joyce Herrin


This appointment’ is made under and executed pursuant to and by authority of the following By-law, which By-law is now infull force and effect:



Section 3. All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalfof theCompany, either by the Chairman or the Deputy Chairman or the President or a Vice President or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may beengraved, printed or lithographed. The signature of each of the following officers: Chairman, Deputy Chairman, President,any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may beaffixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or attorneys-in-fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding uponthe Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid andbinding upon the Company with respect to any bond or undertaking to which it is attached.

TN WITNESS WHEREOF, this Power of Attorneyhas been subscribed by an authorized officer or official of the Company andthe corporate seal of Quanta Indemnity Company [formerly National Farmers Union Standard Insurance Company] has beenaffixed thereto in New York City, New York this day of March, 2004.



of 204

BOND NO.: 4411915PREMIUM: Included

LABOR AND MATERIAL BONDSUBDIVISION

KNOW ALL MEN BY THESE PRESENTS, That we, KB HOME Greater Los Angeles Inc., asPrincipal, and Quanta Indemnity Company, as Surety, are held and firmly bound unto City ofVictorville, as Obligee, in the sum of Four Hundred Eighty Three Thousand Nine Hundred Fiftyand 00/1 00 Dollars ($483,950.00), lawful money of the United States, for the payment of which sumwell and truly to be made, we bind ourselves jointly and severally, firmly by these presents.

THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That, Whereas, said Principal hasentered into a Subdivision Agreement with said Obligee, dated

_____________,

in which said Principalagrees to construct improvements in Subdivision known as follows:

Tract 13908-4 Master’s at VictorvilleStreets and Sewer Improvements


NOW, THEREFORE, if the said Principal or any contractor or subcontractor fails to pay for anymaterials, provisions, or rented equipment used in, upon, or for or about the construction of the publicimprovements or performance of the work to be done, or for any work or labor done of any kind, in oron such improvements, said Surety will pay the same in an amount not exceeding the sum set forthabove and, in addition, the Surety agrees to pay reasonable attorneys’ fees in the event that it becomesnecessary to bring an action to enforce this bond.

This bond shall inure to the benefit of the contractor, his subcontractors, and to persons rentingequipment or furnishing labor or materials to them for the improvements.


KB e ter Los Angeles Inc.

By_____________________

STACEY SASSAMANDIRECTOR-FOP WARD PLANNING


By______óyceMerrin, Attorney-inFact

of 204


State of California


On May 10, 2005 before me, Sheri Mclnturff, Notary Public, personally

appeared Stacey Sassaman, personally known to me to be the person

whose name is subscribed to the within instrument and acknowledged to

me that she executed the same in her authorized capacity, and that by

her signature on the instrument the person, or entity upon behalf of

which the person acted, executed the instrument.


MCINTURF1Sheri Mclnturff

Commlssion# 1315724 FNotary Public - California

\7 Los Angeles County -

of 204


State of California


On April 28. 2005 before me, Maria Peña, Notary Public,personally appeared Joyce Herrin personally known to me (or proved tome on the basis of satisfactory evidence) to be the person(s) whosename(s) is/are subscribed to the within instrument and acknowledged tome that he/she/they executed the same in his/her/their authorizedcapacity(ies), and that by his/her/their signature(s) on the instrument theperson(s), or the entity upon behalf of which the person(s) acted,executed the instrument.


NorARuRUC CALIFORNA Maria PeñaI

Comm. EypIrs ApI 27 2007

of 204

QUANTA INDEMNITY COMPANYformerly National Farmers Union Standard Insurance Company]


POWER OF ATTORNEY


Joyce Herrin





Section 3. All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalfof theCompany, either by the Chairman or the Deputy Chairman or the President or a Vice President or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officersmay beengraved, printed or lithographed. The signature of each of the following officers: Chairman, Deputy Chairman, President,any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may beaffixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or attorneys-in-fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding uponthe Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid andbinding upon the Company with respect to any bond or undertaking to which it is attached.

IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company andthe corporate seal of Quanta Indemnity Company [formerly National Farmers Union Standard Insurance Company] has beenaffixed thereto in New York City, New York this day of March, 2004.



of 204

QjANTAIMPORTANT DISCLOSURE NOTICE

REGARDINGTERRORISM RISK INSURANCE ACT OF 2002

Under the provisions of the Terrorism Risk Insurance Act of 2002 (“The Act”), we areproviding this disclosure notice for bonds for which a subsidiary of Quanta U.S.Holdings, Inc. is the surety. You are hereby notified that any losses caused by acertified act of terrorism as defined by The Act may be partially reimbursed by theFederal Government under a formula established by The Act.

The term “certified act of terrorism” means any act certified by the Secretary of theTreasury, in concurrence with the Secretary of State and the Attorney General of theUnited States, to be an act of terrorism; to be a violent act or an act that is dangerous tohuman life, property or infrastructure; to have resulted in damage within the UnitedStates, or outside the United States in the case of an air carrier or vessel or thepremises of a United States Mission; and to have been committed by an individual orindividuals acting on behalf of any foreign person or foreign interest, as part of an effortto coerce the civilian population of the United States or influence the policy or affect theconduct of the Federal Government by coercion.

The formula established by The Act requires the Federal Government to pay 90% oflosses arising from certified acts of terrorism that exceed the statutorily establisheddeductible to be paid by the surety.

Acts of terrorism are not excluded from any surety bonds issued on your behalf andyour premium charge for terrorism coverage is $0.00.

This is a notice regarding your terrorism coverage which should be used for informational purposes only.Please refer to the bond form for the terms and conditions regarding your terrorism coverage.

Form Number SUR 10001 (Ed. 4/04) of 204

CITY OF /‘





CONSENT CALENDAR



ATTACHMENTS: Letter of Request, Original Agreement, Release, Parcel Map 18831

SUBJECT: SATISFACTION & RELEASE OF LAND DIVISION IMPROVEMENTSCONSTRUCTION AGREEMENT FOR EL EVADO PLAZA (PLNO7-00127)

RECOMMENDATION: APPROVE THE SATISFACTION & RELEASE OF LANDDIVISION IMPROVEMENTS CONSTRUCTION AGREEMENT FOR EL EVADO PLAZA(PLNO7-001 27)

FISCAL IMPACT: $0

Budget Amount: $0


____


Budget Acct. No.:

______________________


DISCUSSION: On November 26, 2008 the City entered into a Land DivisionImprovements Construction Agreement with the developers of El Evado Plaza, locatedat the northwest corner of Palmdale and El Evado Roads. The agreement required thedevelopers, Palmel, LLC, a California Limited Liability Company, to install certainimprovements within the public right-of-way, such as sewer, water, drainage provisions,streets, utilities, curb, gutter, and sidewalk.

All of the required improvements have been completed and accepted into the publicworks maintenance program as of December 22, 2010. Therefore, it is recommendedthat the Land Division Improvements Construction Agreement be released at this time.

Submitted by: Helen Wilson, Associate Civil Engineer

AGENDA ITEM


_vo____

Yes/$Amount:


JAMcG:HW:ccp/shared/Development/Agendaltems/Agendaltems/201 1 /AI.Satisfaction&ReIeaseLDICA.08021 1 .doc of 204

Jeffrey D. KabakoffMaria V. KabakoffP.O. Box 6061-409

Sherman Oaks, CA 91423

July 7, 2011

City Councildo Cone PrueittCity of Victorville Engineering Department14343 Civic DriveP.O. Box 5001Victorvilie, CA 92393-5001

Re: Uen Release for APN 3105-271-10, Land Division improvement Completion Agreement recorded asdocument 2008-0562859

Dear Cone,

Now that all conditions have been satisfied in accordance with Land DMsion improvement CompletionAgreement recorded as document 2008-0562859 in the County of San Bernardino recorder’s office(attached), this letter shall serve as our formal request to release the lien recorded by the city ofVictorville against the above referenced property.

Thank you for your consideration of this request.

Should you have any questions please don’t hesitate to call me at 818.621.4046.

Sincerely,

__________

___

Date Date

of 204

i


State of California

County ot

______________________-

On 7JIiMI before me, t6d%’ 3

_______

WI ‘flMfl Ib’* &

personally appeared —- 3 fi 1A84KflF A’D MA1A PNI cd M*)

—..*____

who proved to me on the basIs of satisfactory evidence tobe the person(s) whose name(s) Isare subscribed to thewithin Instrument arid acknowledged to me thathefsh&they executed the same in )iMierltheir authoiized

LEONJ. LARAZØJJ capacity(ies). and that by hi&he*elr signature(s) on theCOMIL #1938255 instrument the person(s), or the entity upon behalf of

which the person(s) acted, executed the k’istrurnent.V

1 certify under PENALTY OF PERJURY under the lawsof the State of California that the *regolng paragraph Istrue and correct.

WiTNESS my hand and

Signature

OPTiONALThcuUc i*rmalOl blefr s eorrequlrad by may pmie kk pOfl c4*ç on me mcanene

id C pwsvenf ftsu*it tenio1 an1reaflachmenI ôi U *n o enotharcwanI.

Description of Attached Document

Title or Type of DocumewiC

_______________________—

— —-—-•.

Document Date:____

_______Number

of Pages:

Signet(s) Other Than Named Above: A’”

________

Capacity(les) Claimed by Signer(s)

Signe?s Name: Ff £2 A’4 SgW Name; t,’individual lndMdual

[ Corporate Officer — Title(s):

______ _________

[ Corporate Officer — Title(s):C Partner—!j Limited ii General

________

Pattner—1J Limited U General17 Attorney fri Fact Attorney in Fact

________

L2 Trustee Trustee•J••fl•••

U Guarc5anorConservator I!..W .:- GuardianorConservator

[1 Other:_._______________ 4qi’.’W/ - Omer:

Signer Is Representing: .Slgnerlsflepmsenthg:

O?! POS IIa7 I.It7

of 204

Recorded In Official Records, County of San Bernardino 1212212000

LARRY WALKER AM

Recording Requested BY; AuditorlController — Recorder

The City of Victorville 629 Chicago Title Company

When Recorded Please Return to:Doc#: 2008— 0562859 Titles: 1 Pages: 6

City of VictoMlie Fees

P0 Box 5001 hI 1111 hi hUhI h1 HVictorville CA 92393-5001 PAID $26 0

LAND DIVISION IMPROVEMENTS COMPLETION AGREEMENT

The parties to this agreement, dated this ca-’ ‘‘ day of , 20 are theCity of Victorville, a municipal corporation, hereinafter called “City’ and Palmel, LLC, a California LimitedLiability Company, lnduding aH assignees, heirs, mortgagees, and successors in interests, hereinaftercalled “Applicant”.

RECITAL

WHEREAS the applicant’s real property to which this agreement applies, and which will beincluded in any improvement program for the block, street, or area, is described by EXHIBIT A attachedhereto; and

WHEREAS, the Victorville Municipal Code requires the completion of certain improvements inconnection with the subdMsion of real property, and

WHEREAS, lf at the time of acceptance for recordation of a final or parcel map by the city, any ofthe Improvements as set forth In Section 17.64.010 of the Victorvilie Municipal Code required as acondition of approval of the final or parcel map pursuant to the provisions of the Subdivision Map Act andTitle 17 of the Victorville Municipal Code have not been completed and accepted in accordance with theprovisions of said title, the city councii as a condition precedent to the approval of the final map or parcelmap shall require the subdivider to enter into one of the type of agreements specified by the city counciland as set forth in the SubdMsion Map Act.

WHEREAS, the Improvements applicable to the subdivision of the applicant’s property areattached hereto and identified as EXHIBIT “B”; and

WHEREAS, the City Council requires the furnishing of security in connection with theperformance of said improvements.

WHEREAS, Section 66499 of the Subdivision Map Act provides for the security of completion ofsaid Improvements to be in the form of a lien upon the property to be dIvided, created by contractbetween the owner and the City.

WHEREAS, the Planning Commission of the City of Victorville, acting on behalf of the CityCouncil, has made the findIng that It would not be in the public interest to require the installation of saidimprovements sooner than two years after the recordatiori of map.

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C

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COVENANTS

APPLICANT HEREBY COVENANTS AS FOLLOWS:

1) To participate in any street improvement or off-site improvement program relating to allimprovements listed in said EXHIBIT “B” for the block, Street! or area in which the applicant’sproperty described in said EXHIBIT “A” is located, or which affects the applicant’s said property atsuch a time as the City Engineer requires applicant to install said improvements.

2) Any and all improvements shall conform to standards of the City of fictorville General PlanCirculation Element, the Standard Specifications for Public Improvements of the City of ‘dictorvilleand the City Engineer.

3) To pay the sum which is determined by the City Engineer to be the applicant’s pro rata share ofthe cost of the particular street or off-site improvement program, and to be subject to the sameprovisions for payment that apply to all other persons who participate in said improvementprogram.

4) ThIs covenant shall run with the land and be binding upon and enforceable against the applicantand all assignees, heirs, mortgagees, and successors in interest, and shall be recorded in theoffice of the County Recorder.

5) If the applicant(s) or any successor In interest fails to comply with any terms of this agreement oracts contrary to any ordinance of the City of. Victorville, the City may bring action to enforce thisagreement and said ordinance. Applicant and all successors in interest shall pay all costs of suitand reasonable attorney’s fees for such action. As used herein “attorney’s fees” shall be deemedto mean the full and actual costs of any legal services actually performed in connection with theenforcement of this agreement, calculated on the basis of the usual fees charged by the attorneysperforming such servlces and shall not be limited to “reasonable attorney’s fees” as defined Inany statute or rule of court.

6) In consideration of the covenants contained, applicant, Including all successors as described inparagraph (3) hereInabove, further agrees that applicant is familiar with the requirements of theImprovement Act of 1911 and Municipal Improvement Act 1913. Applicant further agrees towaive and give up each and evOry substantive and procedural requirements of said ImprovementAct of 1911 and Municipal Improvement Act 1913 and any successor statutes for the purposes ofcausing the installation of said improvements. Applicant further specifically waives any rights tonotice, protest and hearing as set forth in the California Streets and Highways Code, Section10300 et seq. or any successor statues. This paragraph shall only apply in the event that theapplicant fails to perform as required under this agreement.

7) This agreement creates and constitutes a lien against the real property described in said EXHIBIT“A” for the purpose of securing performance of this agreement.

CITY HEREBY COVENANTS AS FOLLOWS:

1) That upon the completion of the required improvements determined to be satisfactory by the CityEngineer, the City shall cause any existing liens related to said improvements to be released.The City Engineer shall have sole and exclusive discretion to recommend a partial release oflien(s) in the event that the improvements are constructed In phases acceptable to the CityEngineer.

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APPLICANT’S SIGNATURES

(Notary acknowledgement is required for all signatures)

Palmel, LLC, A California Limited Liability CompanyBy: Kabakoff Family Trust, Dated December 2, 1994

(signature)

(signature

r9Commission 0 1819699Not1y Public - CalliOffihl

Log Angeles CountyComm. ExreS Oct 26.2

CITY OF VICTORVILLE SIGNATURES

By:

yor

Attest; /7Ui 4City clerk

— City Attorney

Case No.: Page 3

of 204

CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT

___________ ______

IUNDA HERZ NOTARY PUBLIC

___

A6at, ‘‘‘29

who proved to me on the basis of satisfactory evidence tobe the perso whose nan() issubscribed to thewithin Instrument and acknowledged to me that

- he1shexOcuted the same In hIs/herr authorizedcapadj), and thati heIr &gnatureLon theinstrument the person(s), or the entity upon behalf ofwhich the person(acted, executed the Instrument.

I certify under PENALTY OF PERJURY under the lawsof the State of California that the foregoing paragraph Istrue and correct.

WITNESS my and o clal se

Signa -—

Sluru of Notaiy Pc

OPTIONALThough the Information below Is not required t’ Isic it maypro vakmbfe to pereons relying on the document

and couldprwsent fraudofent mmoel andreattaijimentof This bm to anordocumenI

Description of Attached ument

Tdia or TVpe ofDyOd1A $iJ)

Document Date: 27 Number of Pages:/2Signer(s) Other Than Named Above: fl..4FL

Capacfty(Ies) Claimed by Signer(s)

Signer’s Name:

____________________________

C] Individualo Corporate Officer —Title(s):O Partner — C] Limited C] General[1 Attomeyln Fact

________

C] TrusteeC] Guardian or ConservatorC] Other:_____________

Signer’s Name:________________C] IndividualO Corporate Officer — Title(s): —D Paflner—C1 Limited C] GeneralO Attorney In FactDThisteeC] Guardian or ConservatorC] Other:

Signer Is Representing:

RIGI Tj Jr.(J

State of Califomi

County0dcZ. &1efore me,

personally appeared

LINDA HERZ PCommission # 1819699 tNotary Public - California

Comm ExresO25,2O1Los Angeles County

Signer Is Representing:

m ID7 a-CaflThRIo 14OO4727

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EXHIBfl “A”

PARCEL 3, OF PARCEL MAP 9960, IN THE CITY OF VICTORVILLE, COUNTY OF SANBERNARDINO, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 114, PAGES 37AND 38, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,TOGETHER WITH THOSE PORTIONS OF PALMDALE ROAD AND EL EVADO ROAD, ASDEDICATED TO PUBLIC USE.

EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE STATE OF CALIFORNIA BYDEEDS RECORDED JULY 26, 1990 AS DOCUMENT NOS. 90-294267 AND 90-294268, DESCRIBEDAS FOLLOWS;

BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SAID PARCEL 3 AND THE NORTHLINE OF PALMDALE ROAD AS SHOWN ON SAID PARCEL MAP; THENCE ALONG SAID NORTHLINE, NORTH 89°38’4r EAST, 599.55 FEET TO A TANGENT CURVE CONCAVE NORTHWESTERLYAND HAVING A RADIUS OF 20.00 FEET, SAID POINT MARKED BY A 1-INCH IRON PIPE WITHPLASTIC PLUG STAMPED L.S. 3980; THENCE ALONG SAID CURVE THROUGH AN ANGLE OF40°12’46, A DISTANCE OF 14.04 FEET; THENCE SOUTH 89°19’38 WEST, 612.48 FEET TO SAIDWEST LINE; THENCE ALONG SAID WEST LINE, SOUTH 00°23’02 EAST, 1.32 FEET TO ThE POINTOF BEGINNING.

NOTE: SAID LAND IS ALSO KNOWN AS ALL THAT PROPERTY LYING WIThIN THE BOUNDARIESOF TENTATIVE PARCEL MAP NO. 18531.

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EXHIBIT ‘B”

REQUIRED IMPROVEMENTS

Section 17.64.010 General Requirements

(1) Street grading, installation of curbs and gutters, provisions for drainage and construction of drainagestructures necessary to the proper use and drainage of the streets an&or to the public safety,convenience and protection of property;

(2) Paving of streets, paths and alleys as required;

(3) Provision for a water system with mains of sufficient size and having a sufficient number of outlets tofurnish adequate potable water supply to each lot of the subdivision in accordance with the StandardSpecifications for Public Improvements of the city with Bufficlent fire hydrants, gated connections andappurtenances to provide adequate fire protection in accordance with the standard specifications;

(4) Sanitary sewer facilities and connections for each lot to a sewage system approved by the cityengineer and to the extent It Is engineeringly and economically feasible as determined by the planningcommission;

(5) An approved type of street lightIng system;

(6) Installation of Street signs as required;

(7) Installation of a system of monuments conforming to this title and as approved by. the city engineer;

(8) Installation of electric utility service facilities to each lot within the subdMsion;

(9) Arrangements for the installation of any lines andlor other equipment necessary to extend cabletelevision service for every CA1V franchise authorized by the city to serve the subdMsion to eachresidential parcel in the subdivision pursuant tp he provisions of Section 17.64.030 (b). All costsassociated with such installations and equipment shall be the responsibility of any franchised cabletelevision franchisee.

(10) Relocate or cause to be relocated all existing utility facilities required to be relocated as a result ofthe construction of improvements set forth in subsections (I) through (9) of this section.

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Recording Requested By:

CITY OF VICTORVILLE

When Recorded Please Return To:

CITY OF VICTORVILLE14343 Civic DriveVictorville, CA 92392

A.P.N. 3105-271-12 thru 17SPACE ABOVE FOR RECORDER’S USERecording of this document is fee exempt underGovernment Code Section 6103.No DocumentaryTransfer Tax is due on the document pursuant to Revenue TaxationCode Section 11922

SATISFACTION AND RELEASE OFLAND DIVISION IMPROVEMENTS CONSTRUCTION AGREEMENT

PLNO7-001 27; ENGO8-0001 9; WTRO9-00058

WHEREAS, the CITY OF VICTORVILLE required the signing of a Land Division Improvement ConstructionAgreement by the owner or predecessor in interest of the below described property; and

WHEREAS, said Land Division Improvement Construction Agreement imposed duties, obligations, andrequirements on property owner; and

WHEREAS, such duties, obligations, and requirements were recorded on December 22, 2008, as 2008-0562859 in the office of the County Recorder of the County of San Bernardino; and

WHEREAS, property owner now is in compliance with said Land Division Improvement ConstructionAgreement as it relates to the property described below and the duties, obligations, and requirements thereunderhaving been fulfilled;

NOW, THEREFORE, in consideration of the compliance with said agreement hereinabove stated, theCITY OF VICTORVILLE hereby releases property owner, his heirs, assignees, or successors in interest from anyfurther duty, obligation, or requirement imposed pursuant to the above indicated document only, and the same ishere deemed of no further form and effect and shall cease to exist as a lien, duty, obligation, or cloud on the titleto the following described real property:

Parcels 1 through 6, inclusive, of Parcel Map 18831, recorded in Parcel Map Book No. 231, pages 79-80,inclusive, in the Office of the San Bernardino County Recorder.

List of Property Owners:Palmel, LLCNMC El Evado, LLC.

_______ _______________________ ______- ____

(L-412)

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I hereby certify that all improvements required by Title 17 of the Victorville Municipal Code and the CityEngineer’s Certificate of Improvements required for Parcel Map 18831 have been installed along the streetfrontages of the hereinabove described property.

John A. McGIacIe CITY ENGINEER

CITY OF VICTORVILLE

By

____________________________________________________

Ryan McEachron, MAYOR

ATTEST:

CITY CLERK

REVS 3/25/08

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oWNER’S STATEMENTWE HEREBY STATE THAT NE APE AU, OF ISlE PARTIES HAVING ANY RECORD TiTUS INTEREST IN OlE

MAD SUBDIViDED AS SHARN ON THE ANNEXED PARCEL MM’ AND TEAT NE ARE THE ONLY PERDONSNRSSE CONSENT IS NECESSARY TO PASS TT1,E TO SAID L’ND, ADD WE CONSENT TO THE PREPARATIONAND RECDHDAT1ON SF SAID MAP AND SUBDIVISION AS SHORN WITHIN THE SUBDIVISION BOUNDARY ONE.

HE AOREBY IRREVOCABLY OPPER TO DEDICATE TO THE C9TYF \RCTURVILI.E, SHE PAHUC IN GENERAL.AND TO ANY OF THE SEVERAL PUHUC UTiLITY COMPANIES AUTHORIZED TA SERVE WI SAID SUBDIVISION,A RIGHT CF WAY EASEMENT FOX PUBlIC USE. PURSE ACCESS, PUBUC ROADS, STORM WATER DRAINAGE,LANOSCAFINS, ADD PSBLIC UT1UTY PURPOSES IN, UNDER OVER, THROUGH AND HCRDSS PALMDAI.E ROADAND EL EVASO ROAD AS SHSNN WITHIN THE SUBEIVGSCN BOUNDARY OF THE ANNEXED MAP. THE EXPRESSEDRIGHTS TO THE PUBSE IN GENERAL AND TX THE SEVERAL UTiLITY COMPANIES OAALL REMAIN INFERIOR TOTHE SUPERIOR RIGHTS OF THE CO’S OF \RCTORVILLC. WE ALSO HEREBY ACENOHI.ESGE THE HEBONAFTERSTATEMENT SF REQUIRED IMPROUEMENYS.

PALMEL, LLC,A CAUFORNIA LIMITED LIABILITY COMPANY

BY, EABAKOFT FAMILY TRUST, DATED DECEMBER 2, 1904

BYRY

T*STED

NOTARY ACKNOWLEDGMENT

STATE OF

COUNTY OF L,,c. .ceks “

ON ‘JORPRN (OfF Z A’ BEFORE K IPERSONALLY APPEARED ‘M4+Ct’l . EIRSA4F AND r?,.-Eo V.WHO PROVES TO ME SN THE BARS OR’ SATTOFACTORT’ EViDENCE TO RE THE PERSON(S) RHISSENAME(S) IN/ARE SUBSCRIBED TX THE WITHIN INSTRUMENT AND ACKNOWlEDGED TO ME THATMN,AMN/THEY EXECUTED THE SAME IN RINSAINE/THEIR AUTHORIZED CAPACITY(ES), AND THATN16049N9/THUR RONATURE(S) OR THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALFOF HNICII IRE PERSON(S) ACTED, EXECUTES THE INSTRUMENT.I CERTIFY UNDER PUAHLTT SF PES,VIJRY UNDER THE LAND SF THE STATE OF CAUFURNIA THAT THEFOREGOING PRRAORAPH IS URU AND CORRECT.WITNESS MY HANS.

, MT PRINCIPAL PLATE OF BUSINESS IS( PiILP& IN LaIR C).f.S COUNTY.

DENATURE —.

NOTARY PUBUC IN AND FOR SAID STATE — MT COMMISSION HIS ‘L TL’(,2_%c4A’.

(PRINT NAME) MY COMMISSION ERPIRES, Z3’ 12.

STATEMENT OF REQUIRED IMPROVEMENTSPURSUANT TO CITY OF VICTORVTU.E MUNICIPAL CODE ANO’THE’CONEFRCNS OF APPROVAL OFTHE TONTAT1VE MAP SF THIS SUBDIVIDER, IMPR0GEM6NTARE TO BE INSTALLED BY THESUBDIVIDER OR ART SUCCESSOR IN INTEREST SF ANY PARCELS TO BE CREATED BY SlAGSUBDIVISION. IN ACCORDANCE WITH THE PROVISIONS OF BECTIONS BB4IT.l OF TIlESUBDIVISION MM? ACT, THE FTJLFILLMENT OF THE CONSTRUCTOR REQUIREMENTS SHALL NOTBE REQUIRED UNTIL THE TIME A PERMIT OR OTHER GRANT OF APPROVAL FOR DEVELOPMENTOF ANY SN ALl, PARCELS CREASED BY THIS SUBDIVISION IS ISSUED BY TINE CITY OFVICTORVILLE. ALL SUCH IMPROVEMENTS SHALL BE CRNOTROCTEO AT THE EXPENSE OF THESONSIATSEN SR SUCCESSOR IN INTEREST. THE IMPROVEMENTS SHALL INCLUDE BUT ARE NOTUMITTU TS, THE FOLLDNINO:

I STREET GRADING, INSTALLATION OF CURBS, GUTTERS, SIOEWALIIS, DRIVEWAYAPPROACHES. FRSVISISNS FOR DRAINAGE AND CONSTRUCTOR OF DRAINAGESTRUCTURES NECESSARY TO THE PROPER USE AND DRAINAGE SF THE STREETS AND/SRTO TINE POBUC SAFETY, CONVENIENCE AND PROTECTION OF PRSPERT’E;

2 PAVING OF STREETS, PATHS AND ALLEYS AS REQUIRED;3 PROViSION FUR A WATER SYSTEM WITS MAIRS OF SUFPTCIENT SIZE AND HAVING A

SUFP1CIERT NUMBER OF OUTLETS TX FURBISH ADEQUATE POTABLE WATER SUPPLY TOEACH LOT SF THE SUBDIVISION IN ACCORDANCE HIGH THE STANDARD SPECIFICATIONSFOR PURSE IMPROVEMENTS OF THE CITY INTO SUFFiCIENT FIRE HYDRANTS. SATEDCONNECTIONS AND APPURTENANCES TO PROViDE ADEQUATE FIRE PROTECTION INACCORDANCE INTO THE STANDARD SPECIFICAT1UNS;

4 SINIITADY SEXIER FACIUTES AND CONNECTIONS FOR EACH LOT TO A SEWAGE SYSTEMAPPROVES BY SUE CITY ENGINEER MIS TX THE EXTENT IT IS ENOINEUIUNULY ANDECONOMICALLY FEASIBLE AS DETERMINED NY THE PLANNING COMMISSION;

5 AN APPROVED T,PE SF STREET LISRERS SYSTEM;U INSTALLATION CF STREET SIGNS AS REQUIRED;7 INSTAlLATION OF ELECTRIC, NATORAL GAS, TELEPRONE, AND COMMUNICATIONS

UDUTY SERVICE FACISTED TIE. EACH 1ST WT1XIN THE SOHDF.TOON;

JOSEPH C. IRUXAW AND ASSOCIATES. INC.STEPHEN M. HAGER, P.L.S. 6161 IMY 2008

SIGNATURE OMISSIONS STATEMENTPURSUANT TO THE PROVTSICNS CF SECTION 68436 OF THE SSNDIVIRON MAP ACT CF THE STATE SFCALiFORNIA, THE DONATORES OF THE FOULORIRD SNNERS/TISLDERS/BENEP1CIARNS OF EASEMENTSADS/OR STEER INTERESTS WAGE BEEN OMITTED:COUNTY OF SAN BERNARDINO, EASEMENT HOLDER FOR HIGHWAY AND RSAS PURPOSES AS DISCLOSEDBY DEED RECORDED APRIL 2B, 0967 IN BOSH 6811, PAGE 650, OFFICIAL RECORDS, SAID INTERESTCANNST RIPEN INTO FEE’.CITY SF VICTORVOJ.E, EASEMENT ASLOER FOR HIGHWAY AND ROAD PURPOSES RECORDER AlLY 23,1995 AS DOCUMENT NO. BO—17R4N4, OFFICIAL RECORDS. ‘SAID INTEREST CANNOT RIPEN INTO FEE’.CITY OF VICTORVII.LE. EASEMENT HOLDER FOR ACCESS PURPOSES ADD RIGHTS INCIDENTAL THERETO ASSHORN SN AS OFFERED FOR DEDICATION AS SIIOHRI OR PARCEL MAP NO. URNS ON FiLE IN BOOR 114PAGED 37 AND TB OF PARCOT, MAPS. ‘SAID HTERES’T CANNOT RIPER INTO FEE.

CITY COUNCIL’S ACCEPTANCE CERTIFICATEI HEREBY CERTIFY THAT THE CITY COUNCIL SF THE CITY SF VICTORVILUE BY RESOLUTION MS. 76-10,ADCPTEO ON THE 11tH OF FEBRUARY, 1976, HAS AUTHORIZED ME, ACTING ON THUR BERALF, TOACKNOWLEDGE THE FOREGORLO OFFERS OF DEDICATOR, AND TO ACCEPT ALL STREETS, ALLEYS ONOTHER PUBUC BATS ON PLACES AND DRAINAGE EASEMENTS SUBJECT TO THUR IMPROVEMENT INACCCROANCE WON CITY OF VICTORVILLE STANDARDS

BOARD OF SUPERVISORS’ CERTIFICATEI HEREBY CEBTIFY THAT A BOND IN THE SON OF

$______________HAS BEEN EIIECUIED AND

FILES) WITH THE BOARD CF SUPERVISORS SF THE COUNTY CF SAN BERNARDINO, STATE Cf CAUFORTHA,CONDITIONED UPON THE PAYMENT OF AU. TAXES. RHRCH AT THE TiME OF RUNS OF TH*MIHINHN MAPWITH THE COUNTY RECORDER ARE A DEN AGAINST SAID PROPERTY, BOY NOT YET PAYABLE ANDTHAT THE SUBDIVIDER AND FEED WITH NE A CERTRCATE BY THE PROPER OFFICER DIVING HISESTIMATE OF THE AMOUNT OF SAID TAXES ANO SPECIAL ASSESSMENTS. AND SAID BOND IS AEREDYACCEPTED.

I NOATS. I’48I.CO DENA.ONITh

CLERK OF TINE BOARD CF SUPERVISORSCOUNTY OF SAN BERNARDINO, CAUFORNIA

NY: tkf9L.0

STATEMENT OF REQUIRED IMPROVEMENTS(onlIn..d)

B ARRANGEMENTS FSR THE INSTAILAOCN OF ANY. LINES ADS/OR STEER EQUIPMENTNECESSARY TO EXTEND CABLE TELEVISION SERVICE FOR’ EVERY CATS PRANCNRSEAUTHONIZES NY THE CITY TO SERVE ThE SUBDIVISION TX EACH REODENT1NL PARCELIN THE SUBDIVISION PURSUANT TO THE PROAIOONS SF SECTOR 17,R4.03O (B) SFTHE VICTORVILLE MUNICIPAL CODE.

N SUHOIVIDER SHALL RELOCATE OR CASSE TO BE-RELOCATED ALL ESISTNO STUTYFACILITIES REQUIRED TO BE RELOCATES AS A RESULT OF ONE CONSTRUCTION OFIMPROVEMENTS GET FORTH IN ALL, RESI.IIRES IMPROVEMENTS.

IS THOSE IBPROOEMENTS 55100 IN THE CONDITIONS OF APPROVAL FOR TENTATiVEPARCEL MAP HG. 19931 PUB CITY OF \RETORVILLE PLNNNINS CONMISSAOIRESOLUTION NO. P—OR—R42 SRANTTNS PARCEL MAP PLNS7—00542.

B MEBIBI

OM-3I-W ‘

RI;

SURVEYORS STATEMENTTHIS MAP WAS PREPARED BY 4,40 OR UNOER MY DIRECTION. AND IS BASED UPON A FiELD SURVEY INCONFORMANCE RITA THE REQUIREMENTS OF THE SUBDIVIRON NAP ACT ANO LOCAL DRDIAARCE ATREQUEST’ OF JEFFREY KABAKOPY ON OEPTE.MBER 200N. I N99EBY STATE THAT 5190 PARCEL MAPSUBBYMITIALLY CONFORMS TS THE APPROVES UN CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY.ALL MONOMENTS ONORN 314 THE ANNEXED MAP ME OF THE CHADACTOR ADD OCCUPY ONE POSITiONSINDICATED, OR WILL RE SET IN SUCH F0000NS ON OR BEDORE 2-YEARS PROM THE DATE OFRECONRATIOR CF THIS MAP IN CE*IPUANCE WITH SECTIONS 08460 AND 66496 OF THE SUBDIVISIONMAP ACT. AND THE MONUMENTS ARE, ON WILL BE SRFRCIENT TO ENABLE THE SURVEY TO BE RETRACED.

DATE’ / /) ‘00 $:LA..STEPHEN B. A’

PLO, N1RTNY REGISTRATiON EOPIRES 3—31—DOTS

CITY SURVEYOR’S STATEMENTI HEREBY STATE THAT I HAVE EXAMINES THE ANNEXED PARCEL MAP, THAT THE SUBDIVISION010MW THEREON IS OUBSTART1ALLY THE GAME AS IT APPEARED ON THE 1ERTADVE PARCELMAP AND ANY APPROVES ALTERATIONS THEREOF, AND THAT ALL THE PRDVISONS OFCHAPTER 0 SF THE SUBDIVISION MAP ASS AND TiTLE 17 OF THE A1CTORVILLE MUNICIPALCODE HAVE BEEN COMPUED WITH HIND I NM SATISFIED THAT THIS FiNAL PANCEL MAP ISTECHNICALLY CORRECT.

________

E)4DAVID I. COCKRUM

L,O. 797€ EXPIRES 12/31/ONCITY SURVEYOR

CITY OF VICTORVILLE. CALIFORNIA

AUDITOR’S CERTIFICATEI MEMORY CERTiFY THAT ACCORDING TO THE RECORDS OF THIS OFFiCE, AD OF THIS DATE, THEREARE NO UENS AGAINST THE REAL PROPERTY 5NOV64 UPON TI*ABINBWBN MAP FOR UNPAID STATECOUNTY, MIJNICIPHL OR LOCAL TAXES OR SPECIAL USDESSN,IENTS COLLECTED US , EXCEPTTAXES OR SPECIAL ASSESSMENTS NOT YET PAYABLE. ESTIMATED 10 BE $_________________

PARCEL MAP No. 18831IN THE CITY OF VICTORVILLE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA

BEING A SUBDIVISION OF A PORTION OF PARCEL 3 OF PARCEL MAP NO. 9960, IN TIlE CITY OF VICTORVILLE, COUNTY OF SAN BERNARDINO, STATE OF CAL(FORNIA,AS SHOWN BY MAP ON FILE IN BOOK 114 PAGES 37 AND 38 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, WITHIN THENORTHWEST QUARTER OF SECTION 24, TOWNSHIP 5 NORTH, RANGE 5 WEST, SAN BERNARDINO MERIDIAN.

SHEET t OF 2 SHEETS

DATE

_______________________ _________________________________________

CAROIJEE BUTTS CITY CLERK DATE: h2MoBCITY OF \RCTORVILLE

+40: I--I7-O8 955

______________

(‘(MACIN Wo#BI,.sTY

DEPUTY

OATS. ‘ LARRY WALKERCOUNTY AADITOR/CONTROUS.ER—RECCRSERCOUNTY OF SAN BERNARDINO, CALIFORNIA

BY. f,D.,.. ‘- (‘A

DEPUTY

SAN BERNARDINO COUNTY RECORDERS CERTIFICATEThIS WAD BEEN N 0 BENT HIJMRER f2’-ITVPI?OIR’7QApAY CFE

UY ?NIS) ‘7F’4.M

AT THE REQUEST SF1” r9’z. CLIP’SIN THE M,IOUNT OF $

LARRY WALRERUADITUR/C&4THDL.LOR—RECORDERCOUNTY OF SAN AR 0

BYSEPUTY RECORDER

i

I93I/7d1v

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SUEf1’ 2 OF 2 SHEETS

PARCEL AP No. 18831GRAPHIC SCALE

IN THE CITY OF VICTORVILLE, COUNIY OF SAN BERNARDêNO, STATE OF CAUFORNIAstING A 55JIM5ION OF A PORTION Of PARCEL 3 OF PARCEL IdAP NO. 9960, IN THE CITY OF VICTORVII.LE, COUNTY OF SAN 9ERNAROINO, STATE OF CALWORNIA, (no out)AS SHOWN BY MAP OW FILE IN BOOK 114 PAGES 37 AND 39 OF PARCEl. heAPS, IN THE OFFiCE OF THE COUNTY RECOROER OF SAID COUNTY, WITHIN THENORTHWEST QUARTER OF SECTION 24. TOWNSHIP 5 NORTH. RANGE 5 WEST, SAN BERNARC*40 dERIDIAN. FLXO60 3 94455 CAP M JAY STAMPED SECANO

DEVOTES PARCEL MAP 5080169GW 88680*45’ LINE. HI—.. I o H C. QAItS, 6CC. 9S53 00444 0.2’ 9411601 OF 2 IRON PIPS• DENOTES P0460 MOWWAY AS NOICO

‘STEPC( M. MA, P.LS BI41 MAY

-

LP5IJ54A7

o DENOTES OPT 2 9006 POPE 146888 1,5 6761. 316657 iç I’Ffl69SY LifE OP PARC552 OP 4 4fl RANGES 8001 SAN 44RGWJO RESET/NA00W-lESLIE MOW/I4614 72 SNAIL 80 SET 1/4’ WOW ‘4 I _J /141,1 ESTI8JSEWD P0GW 12) 11648894 ‘

FWI16/ SLWACO 96 INC LIENT A C66-lI-LDE460———-- — - — - —,I’- - fl jf(j , gtj. 663 7894W5ON IRS $7594 A ERG/AL OKIELCW80WTOVA ON69E7E SURPAPS A 1640. LEAD AIR) TAO R’ / ‘.STAM000 1,5 6161 MAY80 OPT 84 0001 OP A 2’ 06GW p 7 , S ALL OP IENTAOTE PARCEL MAP 760. 18831.(RI) DENOTIS RECORD DATA PER P44001 MAP NO 8960 “ I ff710 r6170 P766170 R2) CASE NO PLNO7 00127

PARCEL MAP BOOK 774 PAGES 37 AND 38 OP PARCEL MAPS— / —617 70’— ‘ \ [] XDICATICW OF EASEMENT TO THE CITY OP SCIOR/ILLE

(62) VEND IES RECORD DATA POP RECORD OP SUROCY S5 7 FOR SIREET PURPOSES (PAIA4DALE ROAD,L

BOOK 110 PARE 37 OP RECORD OP 50/6/65’ 468.45 - Y4320 L4 DEDICATION OP £4309691 ID INC CITY OP LICTCRIILOD(93) DENOTES RECORD DATA POP CALII4ANC RIGHT-OF-WA F I 00 N FAR 5)8007 PURPOSES (EL LEADS 60.40).

MAP NO 997573-5 II L 2)) SOUTH UNE 07’ INC NORTH ORE—HALE OP SECTION 24,

DETAIL “A,

30E4 j 104443/OP 5 NORTH, RANGES *031 5416 801/WARD/NO

NOT 786041K‘ N8934’SA’W

‘ PARCEL S I I 2) EASTERLY I/WY OP SECTION 24 TDIWSHIP 5 NORI1A0. 4548

‘C(/ I. 2934750. Ft , I 7/ 9.400CC 5 4151 SAN BERNARDINO 440150000.PARCEL 4 ‘o I , HICENTERLJNEOFMIPROLRMENTSPERCALTRANSN89’ 715W 50607’ — I 4i’ PARCEL I (4261)

RIJADII7 WAY MAP NO DE3

L5 (N8979’36T I (61548’ 64) I I 459$! RD Ft 1) I ) P01046 I’ NOR PIPE 94116 PLASTIC CAPS it 3900’ PER (RI)..

A N8r4l$ 672.62’ —‘ p,g250.w 8’ I 2)) SEARCHED FOUND BOTH/NO 140/611641ST CONNER CV

‘ 4) NOT A PART _,,‘,- 9698’ 0189 24’56’W 76616’ -.J,,/

,,P44081 3 PER (RI). ESTABLISHED 8/’ PRORATION ALONG

F

ri-%R5795554) _‘t J t,,L

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ofVictorvile

CONSENT CALENDAR

SUBMITTED BY:


John A. McGIat DATE: July 20, 2011City Engineer - Director of Public Works

ATTACHED: Final Release of Faithful Performance, Labor and Materials Bonds for Tract15395.

SUBJECT: REQUESTING THE FINAL 20% RELEASE OF FAITHFUL PERFORMANCE,LABOR AND MATERIAL BONDS FOR LANDSCAPING IMPROVEMENTS FOR TRACT 15395.

TRACT BOND NO. AMOUNT15395 Faithful Performance Fond #SU5005518 $3,609.29

Labor and Materials Bond $1,804.64

Developer: New West Home450 Newport Center Drive, Suite 480Newport, CA 92660

RECOMMENDATION: That the City Council approve the final 20% release of bonds in theamount of $5,413.93.

FISCAL IMPACT:

Budget Amount:

None

$0



Budget Acct. No.:

Funding Source:

DISCUSSION: The developer, New West Home, has completed the required one-yearwarranty period required for landscaping along Luna Road and Mesa Linda Avenue Tract15395. It is requested that the final 20% of the Faithful Performance and Labor and MaterialsBonds be released at this time, as per Ordinance 999 § I (part) 1985. Copies of the bonds anda site map are on file with the City Clerk and are available for review.

Attachments

Submitted by: Ro Ratliff

AGENDA ITEM


40

____

Yes/$Amount:

‘jp. Services Director Review

JAM:rr of 204

CITY OF

CONSENT CALENDAR

760-955-5000FAX 760-245-7243

email: [email protected]



CITY COUNCIL MEETING OF: MARCH 17, 2009

Release of Faithful Performance, Labor and Materials Bonds for Tract15395.

REQUESTING THE 80% RELEASE OF FAITHFUL PERFORMANCE, LABORAND MATERIALS BONDS FOR LANDSCAPING IMPROVEMENTS FOR TRACT15395.

TRACT BOND NO. AMOUNT15395 Faithful Performance Bond # SU5005518 $14,437.09

Labor and Materials Bond $ 7,218.55

RECOMMENDATION:

Developer: New West Home450 Newport Center Drive, Suite 480Newport, CA 92660

That the City Council approve the 80% release of bonds in theamount of $ 21,655.64.

FISCAL IMPACT: None

—Finance Dept. Use Only—Aitional Appropriation:

No— ‘‘es/$Amount: Finance Director Review &

______

DISCUSSION: The developer, New West Home, completed the required landscapingimprovements along Luna Road and Mesa Linda Avenue Tract 15395. It is requested that 80%of the Faithful Performance and Labor and Materials Bonds be released at this time, as per(Ordinance 999 § 1 (part) 1985. The remaining 20% of the bonds will be held until the one-yearwarranty period has been fulfilled. A request for the full release of the Faithful Performance,Labor and Materials Bonds will be submitted for the City Council meeting on April 6, 2010, at theend of the required warranty period. Copies of the bonds and a site map are on file with the CityClerk and are,%’vai1abJe for review.

JEG:RS:jm(N’

Attachments: Bonds SU5005518

VICTORVILLE

AGENDA ITEM

SUBMITTED BY:

ATTACHED:

SUBJECT:

Jon E. Garga.--Director of C6ru1n/unit Services

DATE: March 5, 2009

Budget Amount:_____________Budget Account No.

Map

of 204

760-955-5000

FAX 760-245-7243

email: [email protected]

14343 Civic Drive

P.O. Box 5001


New West Home

450 Newport Center Drive, Suite 480

Newport, California 92660Re: Tract 15395

Dear Gentlemen:

At a regular meeting held March 17, 2009, the City Council of the City of Victoniille

approved the request for the 80% release of the Faithful Performance Bond and the

Labor and Materials Bond for landscape improvements for the above-captioned tract.

Accordingly, the following bonds are reduced by 80%:

Bond No. SU5005518 — Faithful Performance Bond — Landscape

Improvements — in-the amount of $18,046.38

Bond No. SU5005518 — Labor and Materials Bond — Landscape

Improvements — in the amount of $9,023.19

The remaining 20% will be held for a one-year warranty period. Six months from the

date of the Council action to approve the 80% reductions, the Labor and Materials Bond

may be released in its entirety upon your written request.

PLEASE BE ADVISED THAT IT IS THE RESPONSIBILITY OF THE DEVELOPER TO

ENSURE THAT THE BOND REDUCTIONIRELEASE INFORMATION IS PROVIDED

TO THE BONDING COMPANY SO THAT THE APPROPRIATE

REDUCTIONIRELEASE CAN BE PROCESSED.

If you have any questions, I may be reached at 760.955.5035.

Sincerely,

/)‘Lc

Marcie WoltersDeputy City Clerk

MW/jca

Cc: Community Services Department1539511

CITY OF

VICTORVILLE

March 25, 2009

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CITY OF

CONSENT CALENDAR



ATTACHMENTS: Letter of Request, Vicinity Map, Bond

SUBJECT: REQUEST TO REDUCE 20% OF THE STREET, SEWER, & STORM DRAINBOND(S) AND ACCEPT THE WORK INTO THE PUBLIC MAINTENANCE SYSTEM FORTRACT(S) 18272.

RECOMMENDATION: APPROVAL OF A 20% REDUCTION OF THE FAITHFULPERFORMANCE BOND(S) FOR STREET, SEWER, & STORM DRAIN ONLY ANDACCEPTANCE OF WORK INTO THE PUBLIC MAINTENANCE SYSTEM.

FISCAL IMPACT: $0

_________________________

Budget Amount: $0



____

Budget Acct. No.:


_____________________________________

DISCUSSION: Ryland Homes has requested a 20% bond reduction for the street, sewer, &storm drain for Tract(s) 18272. The street, sewer, & storm drain work has been completedsatisfactorily and the Engineering Department recommends a 20% bond reduction of theFaithful Performance Bond and acceptance of the work into the public maintained system. Theremaining 20% of the Street, Sewer, & Storm Drain Faithful Performance Bond will be held forthe one-year warranty period for Tract 18272.

Tract 18272 Street, Sewer, & Storm Drain (Faithful Performance)Bond No. 024-010-913Amount of Bond being reduced: $285,762.54Amount of Bond remaining: $285,762.53

SUBMITTED BY: Helen WilsonAssociate Civil Engineer



AGENDA ITEM

P.O. Box 5001Victorvile, CA 92393-5001


Yes/$Amount:/No

Admin. ServApproval

JAMc/HW:ccp/engineriingnas/development/Agendaitems/Agendaitems. BondReleases/Releases2Ol 1 /Releases.08021 1/1 8272.20%release.stspsd.08021 1

of 204

RYLANDHOMES

Southern California Dvson

1250 Corona Pointe Court, Suite 100Corona, CA 92879

951 -273-3473 OFFice951 -273-3472 Fax

wwry1and.corr

May 10, 2010

City of VictorvilleAttn: Ms. Helen Wilson14343 Civic Dr.Victorville, CA 92393

Re: Tract 18272— Reduce Improvement Bond

Dear Ms. Wilson:

This letter is in reference to the City of Victorville Tract 18272 and the successful completion ofthe Ryland Homes public works improvements pertaining to Tract 18272. The removal andreplacement of requested improvements is completed to the satisfaction of the City of Victorvilletherefore Ryland Homes is requesting a reduction of performance bond #024-010-913 (Street,Sewer & Storm) in the amount of $571,525.07 (beneficiary is the City of Victorville).

Thank you in advance for your time and consideration regarding this manner. Please fell free tocontact me with any questions or comments at 951-300-5111.

irect r of Land Development / PurchasingRyland Homes — Southern California Division

of 204

.4

VICINITY M4INOT TO SC.ILE of 204

d Number: 024-010-913Premium: $4,286.00/An

MeadowbrooklVictorville 188-Tract N . 16496

SUBDIVISION BONDFAITHFUL PERFORMANCE

KNOW ALL MEN BY THESE PRESENTS: That Ryland Homes of California, Inc., as Principal, and theLiberty Mutual Insurance Company, a corporation organized and existing under the laws of the State ofMassachusetts and authorized to transact surety business in the State of California as Surety, are held and firmlybound unto City of Victorville, as Obligee, in the sum of One Million Four Hundred Twenty Eight ThousandEight Hundred Twelve and 68/100 DOLLARS ($1,428,812.68), for which the payment whereof, well and truly tobe made, said Principal and Surety bind themselves, their heirs, administrators, successors, and assigns, jointly andseverally, firmly by these presents.

THE Condition of the foregoing obligation is such that, whereas the above bounden Principal has entered into acontractlagreement, dated

____________,

with the Obligee to do and perform the following work; to wit:

MeadowbrooklVictorville 188 - Tra No. 16496

NOW, THEREFORE, if the above bounden Principal shall we and truly perform the work contracted to beperformed under said contract, then this obligation shall be void; oth’rwise to remain in full force and effect.

SIGNED, SEALED, DATED: May26, 2006

Ryland Homes of California, Inc.(Principal)

Insurance Company

By: By:

of 204


State of California


El proved to me on the basis of satisfactory evidencethe person(s) whose name(s) is/ace subscribed tothe within instrument and acknowledged to me that&she/tle executed the same in Na/her/theirauthorized capacity(ies), and that by-hia/her/the4csignature(s) on the instrument the person(s), or theentity upon behalf of which the person(s) acted,executed the instrument.


_____________________________

OPTIONAL_______________________________Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.POSITION CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENTEl INDIVIDUAL

CORPORATE OFFICER

TITLE(S)TITLE OR TYPE OF DOCUMENT

El PARTNER(S)[] LIMITED

El GENERAL

ATTORNEY-IN-FACT

El TRUSTEE(S)

El GUARDIANICONSERVATOR

El OTHER:

_____________

NUMBER OF PAGES

SIGNER IS REPRESENTING:NAME OF PERSON(S) OR ENTITY (iFS)

DATE OF DOCUMENT

On i1M’ 26 2OU before me, Patricia Talavera , Notary PublicNAME, TITLE OF OFFICER - E.G .JANE DOE, NOTARY PUBLIC’

DATE

personally appeared Natalie K. TrofimoffNAME(S) OF SIGNER(S)

personally known to me - OR -

PArRgC£Commlssh, # i37ç kNøtry PbIj

.

Myc

SIGNATURE OF NOTARY

SIGNER(S) OTHER THAN NAMED ABOVE

of 204

1709001THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.

This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and tothe extent herein stated.

LIBERTY MUTUAL INSURANCE COMPANYBOSTON, MASSACHUSETTS

POWER OF ATTORNEY

KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the “Company’), a Massachusetts stock insurancecompany, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint

CESAR F. JAVIER, JEFFREY STRASSNER, CHRISTINA TURMAN, B. A. MATSON, KRISTINE MENDEZ,ADRIANA VALENZUELA, NATALIE K. TROFIMOFF, ALL OF THE CIIY OF LOS ANGELES, STATE OF CALIFORNIA

each individually if there be more than one named, its true.and lawful attorney-in-fact to make, execUte, seal, acknowledge and deliver, for and on itsbehalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and othersurety obliqations in the penal sum not exceedingSEVENTY FIVE MILLION AND OOI1OO****************** DOLLARS($J5OOO,OOO.OO***** ) each, and theexecution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon theCompany as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons

That this power is made and executed Øursuant to and by authonty of the following By law and Authonation

ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as thechairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, ‘

execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Suchattorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their

o signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be j

as binding as it signed by the president and attested by the secretary.

By the following instrument the chairman or the presidenthas authorized the officer or other official named therein to appoint attorneys-in-fact: .D>‘

“ Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is herebyauthorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge anddeliver as surety any and all undertakings, bonds, recognizances and other surety obligations. 0

UI-C) W That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect.

IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of. Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 4th day of April

! 2005 .

LIBERTY MUTUAL INSURANCE COMPANY

By(4Garnet W. Elliott, Assistant Secretary .2 o

COMMONWEALTH OF PENNSYLVANIA 55 . 0

COUNTY OF MONTGOMERY 0

On this 4th day of April , 2005 , before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledgedo that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above

Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation.

C

IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year

__

= o first above written. : “ . -

CD C . .. .- ci:c - .-

OF i By 14t<i £.ddt) “

C) -- ,--, / . 0 0-J’:’2G Teresa Pastella, Notary Public C) —

CERTIFICATE I-.

I, the undersigned, Assistant Secretary of Liberty Mutual lnsránce Company.% dohereby certify that the original power of attorney of which the foregoingis a full, true and correct copy, is in full force and effect on the date of this cerlificate; and Ido further certify thatthe-officer or official who executed thesaid power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys-in-fact as provided in ArticleXIII, Section 5 of the By-laws of Liberty Mutual Insurance Company.

This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of thefollowing vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980.

VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon acertified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the companywith the same force and effect as though manually affixed.

IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this NAY 2 6 zooe day of

By4/7/4David M. Carey, ‘Assitt Secretary

of 204

CONSENT CALENDAR


SUBMITTED BY: John A. McGIaS1II. DATE: July 20, 2011City Engineer

ATTACHMENTS: Letter of Request, Vicinity Map, Bond

SUBJECT: REQUEST TO REDUCE 20% OF THE STREET, SEWER, & STORM DRAINBOND(S) AND ACCEPT THE WORK INTO THE PUBLIC MAINTENANCE SYSTEM FORTRACT(S) 16905.

RECOMMENDATION:APPROVAL OF AN 20% REDUCTION OF THE FAITHFULPERFORMANCE BOND(S) FOR STREET, SEWER, & STORM DRAIN ONLY ANDACCEPTANCE OF WORK INTO THE PUBLIC MAINTENANCE SYSTEM.

FISCAL IMPACT: $0

________________________

Budget Amount: $0



____

Budget Acct. No.:


_____________________________________

DISCUSSION: Ryland Homes has requested a 20% bond reduction for the street, sewer, &storm drain for Tract(s) 16905. The street, sewer, & storm drain work has been completedsatisfactorily and the Engineering Department recommends a 20% bond reduction of theFaithful Performance Bond and acceptance of the work into the public maintained system. Theremaining 20% of the Street, Sewer, & Storm Drain Faithful Performance Bond will be held forthe one-year warranty period for Tract 16905.

Tract 16905 Street, Sewer, & Storm Drain (Faithful Performance)Bond No. 024-01 0-956Amount of Bond being reduced: $132,873.77Amount of Bond remaining: $132,873.76

SUBMITTED BY: Helen WilsonAssociate Civil Engineer

CITY OF



AGENDA ITEM




_/No____

Yes/$Amount:/t’Admin. Servies Director Review andApproval 6&:4

JAMc/HW:ccp/engineriingnas/development/Agendaltems/Agendaltems. BondReleases/Releases20l 1 /Releases.0802 11/1 6905.20%release.st.sp.sd.08021 1

of 204

RYLANDHOMES

Southern CoI{ornio Divkion

1250 Corona Poinle Court, Suite 00Corona, CA 92879

951 273-3473 O1fce95 -273-3472 Fax

www.rylandcom

May 10, 2010

City of VictorvilleAttn: Ms. Helen Wilson14343 Civic Dr.Victorville, CA 92393

Re: Tract 16905 — Reduce Improvement Bond

Dear Ms. Wilson:

This letter is in reference to the City of Victorville Tract 16905 and the successful completion of

the Ryland Homes public works improvements pertaining to Tract 16905. The removal and

replacement of requested improvements is completed to the satisfaction of the City of Victorville

therefore Ryland Homes is requesting a reduction of performance bond #024-010-956 (Street,

Sewer & Storm) in the amount of $265,747.53 (beneficiary is the City of Victorville).

Thank you in advance for your time and consideration regarding this manner. Please fell free to

contact me with any questions or comments at 951-300-5111.

Land Development / PurchasingRyland Homes — Southern California Division

of 204

‘0

of 204

covLba.t-Lr Interchange Corporate Center

L..,7 450 Plymouth Road, Suite 400

1’Iutua1 Plymouth Meeting, PA. 19462-1644Ph. (610) 832-8240

PERFORMANCE BOND

Bond Number: 024-010-956

KNOW ALL MEN BY THESE PRESENTS, that we Ryland Homes of California, Inc.

__________________________________________________________________________

as principal (the “Principal”),and LIBERTY MUTUAL INSURANCE COMPANY, a Massachusetts stock insurance company, as surety (the‘Surety”), are held and firmly bound unto City of Victorville

______________________________________________________________________

as obligee (the “Obliges”), inthe penal sum of Six Hundred Sixty Four Thousand Three Hundred Sixty Eight and 83/100

______________________________________________________________

Dollars ($ 664,368.83for the payment of which sum well and truly to be made, the Principal and the Surety, bind ourselves, our heirs,executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal has by written agreement, dated the

_______

day of , 20entered into a contract (the “Contract”) with the Obligee for Wrllowbrook/Tract No. 16905

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall promptly andfaithfully perform the Contract, then this obligation shall be null and void; otherwise it shaU remain in full force andeffect.

PROVIDED AND SUBJECT TO THE CONDITIONS PRECEDENT:

1. Whenever the Principal shall be, and declared by the Obligee to be in default under the Contract, the Obligeehaving performed the Obligee’s obligations thereunder, the Surety may promptly remedy the default, or shallpromptly:

1.1 Arrange for the Principal, with consent of the Obligee, to perform and complete the Contract; or

1.2 Undertake to perform and complete the Contract itself, through its agents or through independentcontractors; or

1.3 Obtain a bid or bids from alternative contractors to complete the Contract in accordance with its terms andconditions, and upon determination by the Surety of the lowest responsible bidder, or if the Obligee elects,upon determination by the Obligee and the Surety jointly of the lowest responsible bidder, arrange for acontract between such bidder and the Obligee, and make available as work progresses (even thoughthere should be a default or a succession of defaults under the contract or contracts of completionarranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contractprice; but not exceeding the amount set forth in the first paragraph of this bond. The term “balance of thecontract price,” as used in this paragraph, shall mean the total amount payable by the Obliges to thePrincipal under the Contract and any amendments thereto, less the amount property paid by the Obligee tothe Principal; or

1.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and withreasonable promptness under the circumstances:

a. After investigation, determine the amount for which it may be liable to the Obligee and, as soon aspracticable after the amount is determined, tender payment therefore to the Obligee; or

b. Deny liability in whole or in part and notify the Obligee citing reasons therefore.,.

LMIC-5100 Page 1 of 2 Rev. 03/04 of 204

2. Notwithstanding any other provision of this bond or the Contract, or otherwise, the Surety is not responsible forand shall not be held liable to the Obligee for any hazardous waste removal and the Surety shall not be heldliable to, or in any other respect be responsible to, the Obligee by way of indemnity, claims or otherwise, or toany public authority or to any other person, firm or corporation, for or on account of any fines or claims by anypublic authority or for bodily injuries or property damage to any person or thing, including, but not limited to, injuryor damage due to the release or threat of release of hazardous substances of any kind or damage to real estateor to the environment or clean-up costs or other damages of whatever kind or nature arising out of any act ofcommission or omission by the Principal, the Principal’s agents, servants, employees, subcontractors orsuppliers or any other person in connection with the performance of the Contract. This limitation appliesregardless of when any such fine is assessed, claim is made, or injury, damage, release or threat of releaseoccurs and without regard to any term or condition of the Contract.

3. The Surety hereby waives notice of any alteration or extension of time made by the Obligee.

4. Any suit under this bond must be instituted before the expiration of one (1) year from the date on which thePrincipal ceased to work on the Contract or such time period as otherwise permitted by relevant statute. If theprovisions of this paragraph are void or prohibited by law, the minimum period of limitation available to suretiesas a defense in the jurisdiction of the suit shall be applicable.

5. No right of action shall accrue on this bond to or for the use of any person or corporation other than theObligee named herein or the heirs, executors, administrators or successors of the Obligee.

6. Any claims must be presented in writing to Liberty Mutual Insurance Company to the attention of the Surety LawDepartment at the above address.

DATED as of this 23rd day of October . 20 06

WITNESS! ATTEST

LIBERTY MUTUAL INSURANCE COMPANY(Surety)

By: &/‘/U4&.41JL_.) ‘ (Seal)Attorney-i act

LMIC-51 00 Page 2 of 2 Rev. 03104 of 204


Description of Attached Document

Title or Type of Document:

Document Date:

Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer

Signers Name:

_____________________

LI IndividualLI Corporate Officer — Title(s): —LI Partner — LI Limited LI GeneralLI Attorney-in-FactLI TrusteeLI Guardian or ConservatorLI Other:

_______________________

Signer Is Representing:___________

to be the person whose name3 is/esubscribed to the within instrument andacknowledged to me that he/se’ executedthe same in his/te1? authorizedcapacity(J, and that by hispe1Trsignature’ the instrument the persoL, orthe entity upon behalf of which the peson’acted, executed the instrument.

(VITNESS y hand and ocial seal.

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personally appearedNarrre(o) f Signer(s)

personally known to meLI proved to me on the basis of satisfactoryevidence

BRACYCommission # 1508672 1

Notary Pubflc - CaliforniaRiverside County —

My Comm. Expees Aug 19,2008I1’

OPTIONALThough the information below is not required by law, it may prove valuable to persons relying on the document and could prevent

fraudulent removal and reattachment of this form to another document.

2)

— I

2

I

Number of Pages:

___________

RIGHT TI-IUMBPRINTOF SIGNeR

Top of thumb here

© 1999 Natior.ai Nmary Association 9350 Ce 5010 Ave., P0. Box 2402 Chatswxrtn, CA 91313.2402• rwNationaINotary.org Prod. Nc. 5907 Reorder: Cal Tol-Free -eOO-876-6827

of 204


State of_

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on /O/ 3/o before me, Shanna E. Judson, Notary Public

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LI proved to me on the basis of satisfactory evidencethe person(s) whose name(s) is/are subscribed tothe within instrument and acknowledged to me thathe/she/they executed the same in his/her/theirauthorized capacity(ies), and that by his/her/theirsignature(s) on the instrument the person(s), or theentity upon behalf of which the person(s) acted,executed the instrument.


SIGNATURE NOT Y

Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachmentof this form.

DESCRIPTION OF ATTACHED DOCUMENT:

TITLE OR TYPE OF DOCUMENT:

DOCUMENT DATE:

CAPACITYQES) CLAIMED BY SIGNER(S)

Signer’s Name: Signer’s Name

LI INDIVIDUAL

LI CORPORATE OFFICERTitle(s)

LI PARTNER(S)LI LIMITED LI GENERAL

ATTORNEY-IN-FACT

LI TRUSTEE(S)

LI GUARDIAN/CONSERVATOR

LI OTHER:

______________

LI INDIVIDUAL

LI CORPORATE OFFICERTitle(s)

LI PARTNER(S)LI LIMITED LI GENERAL

LI ATTORNEY-IN-FACT

LI TRUSTEE(S)

LI GUARDIAN/CONSERVATOR

LI OTHER:

______________

Signer is representing: Signer is representing:

NAME OF PERSON(S) OR ENTITY(IES) NAME OF PERSON(S) OR ENTITY(IES)

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:

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CONSENT CALENDAR


SUBMITTED BY: Douglas B. Robertson DATE: July 18, 2011City Manager/Director of Administrative Services

SUBJECT: Award of funds to renew Granicus Managed Services

RECOMMENDATION: That the Honorable City Council award the annual renewal ofGranicus Monthly Managed Services in an amount not to exceed $26,580.00

FISCAL IMPACT: $26,580.00 (2,215.00/mo)



Remaining Balance: $ 58102.46

Budget Acct. No.: 1001556-52300

Funding Source: GIS — Contract Services

DISCUSSION: This purchase is for the renewal of the City’s LegislativeManagement System, Granicus. It includes hosting and support for AgendaManagement, Voting Management, and Audio/Video Live Streaming/Recording for CityCouncil and Planning Commission Meetings. This purchase is required to continue torun meetings as currently done, including the touch screen voting used and livebroadcast of the meetings. If the hosting and support is not renewed the City will beunable to manage meetings as currently done and will be required to relocate allexisting meeting archives to another medium. Granicus is the sole-source provide forthe Granicus Legislative Management System. The terms of service, July 1, 2011 toJune 30, 2012

Submitted by: Brandon Cales

CC: Joe Haggarc9..N__

CITY OF

VICTORVILLE

AGENDA ITEM

(760) 955-5000FAX (760) 245-7243





/No

____

Yes/$Amount:

Aw.Admici. Services Director Review

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granicus.connectmc covernment

3/24/2011

To: City of VictorvilleBrandon CalesComputer Services TechVia email

RE: Granicus_ProposaLto_Victorvffle_ENTMM_IvW_SR_VOTING(5)_POD 03-24-11Effective July 1, 2011 thru June 3 0th, 2012

Dear Brandon,

Granicus looks forward in continuing our successful relationship with City of Victorviile. As you requested,we are submitting the following quote which will serve as the renewal of our services as your streaming mediasolutions provider. Your Current Granicus Solution Monthly Management Services Fee of $2,215.00 for 12months yields a total annual cost of $26,580.00.

It’s been our pleasure to work with the City of Victorvifie. At Granicus, we recognize that a great product isonly part of what keeps our clients satisfied. For that reason, Granicus provides 24/7 technical support andonsite user training. We also take full responsibility for maintaining and monitoring the technology thatpowers your solution, so that you can avoid the cost of developing a team of streaming experts. When youneed us we will be there to help.

If you have any questions about our services, please do not hesitate to contact me.

Sincerely,

Claudia CaipoControllerGranicus, Inc.

www.granicus.com • 568 Howard Street, Suite 300, San Francisco, CA 94105 • (415) 357-3618 of 204

granicus.connectjna government

Monthly Managed Services: ENT, MM, MV, VOTING,POD $$2,200.OOImoMonthly Managed Services: Upgrade VlewPage, EmbPlayr $$15.OO/mo

Total Annual Managed Services $$26,580.OO

Granicus Managed Services

All plans include full Managed Services, complete monitoring and maintenance of your on-site hardware and24/7 technical and user support for your complete solution. Managed Services also include all softwareupgrades and bug fixes for all of the City’s Granicus software components. The goal of our ManagedServices program is to help the City realize the highest level of value and satisfaction from Granicus solution,without incurring additional or unexpected costs. Granicus Managed Services include the following:

Technical and User SupportGranicus offers continuous customer support and is dedicated to ensuring that the City is completely satisfiedwith Granicus products and services. Granicus staff are available to the City 24hrs a day, 365 days a year,via the contact info below.

Direct(8:OOam to 6:00pm Pac/ic time): 415-357-3618Toll Free (8:00am to 6:00pm Pac/Ic time): 877-889-5495On-call Technical Support (available 24 hours, 7 dqys a week): 4 5 (>3 52Site: wV.graflicus.cOmEmail: support(a.granicus.cum

MonitoringAs part of the City’s Managed Services Granicus will continually monitor, on a 24/7 basis, all the softwareand hardware included in your solution. Should any malfunction appear, Granicus will immediately notifythe City and proceed to resolve the issue. Granicus is committed to repair or replace any non-functioninghardware, provided directly from Granicus, within 24 hours for up to 3 years.

Software UpgradesGranicus provides its software as a “Lifetime License”, and all software upgrades are included as part ofyour Managed Services program. This includes both the rights to use the upgraded software and any servicesrequired as part of the upgrade process.

Bandwidth and StorageThrough Granicus Managed Services we will provide all of the bandwidth and storage necessary to utilizeyour solution. The Granicus Managed Services plan includes “Unlimited Bandwidth” for streaming theCity’s live and on-demand content over the Internet through the Granicus Media CenterTM.

www.granicus.com 568 Howard Street, Suite 300, San Francisco, CA 94105 (415) 357-3618

Pricing

of 204

•grancus.conectTng gOvernhlient

Unless otherwise stated in a program announcement or solicitation, this signed and accepted proposal mustbe received by 5/01/11.

Sign to Accept proposal. Granicus, Inc.

return to representative: 568 Howard St., Ste 300San Francisco, CA 94105

City of Victorville Granicus, Inc.

Client Signamre: Signamre:

Date:

________________________________________

Date:

______________________________

www.granicus.com 568 Howard Street, Suite 300, San Francisco, CA 94105 • (415) 357-3618 of 204

DetHs for Probern 41529Problem ID: 41529

User Name: bcales

E-Mail: [email protected]: 955-5068

Location:

Subject of problem: Renewal - Granicus

Start Date: 7/7/2011 9:57:00 AMAssigned To: Martha Munoz

Department: Information Technology

Category: IS Prch. - (IS dept use only)Status: IN PROGRESS

Deciption:

Quote coming

Notes

[7/7/2011 10:35:00 AM - bcales]Req 120000056

[7/18/2011 10:53:00 AM - bcales]Legislative Management: Granicus hosting and support fees. Annual Maintenance &Support. Required to host public meeting content for City Council and PlanningCommission. Software support inclusive.

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HCl

)m zci

-a GD m rn 11 H

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CITY OF(760) 955-5000




CONSENT CALENDAR


SUBMITTED BY: Douglas B. RobertsonDATE: July 18, 2011City Manager/Director of Administrative Services

SUBJECT: Award of funds to renew Autodesk Software Subscription

RECOMMENDATION: That the Honorable City Council award Geographic Data &Management Solutions (DLT Solutions) the annual renewal of Autodesk SoftwareSubscription in an amount not to exceed $25,560.73





Budget Acct. No.: 1001556-52300

Funding Source: GIS — Contract Services

DISCUSSION: This purchase is for the Software Subscription renewal for theCity’s Autodesk AutoCAD Software for 2011-12 FY, including licenses for 15 Civil 3D,15 Map 3D, 2 Raster, 3 Architecture. This is necessary in order to receive softwareupgrades and support for the Aut0CAD software in use daily by Engineering,Development, Community Services, Information Services, Airport, and Water District. Ifnot renewed annually, the cost increases over 200% the first year and 450% thesecond year, with a complete re-purchase required thereafter. DLT Solutions is officialprovider of Autodesk Software, with GDMS acting as a local source without adding anyaddition costs. Terms of service, July 26, 2011 to July 26, 2012

Submitted by: Brandon Cales

CC: Joe HaggarcL

VICTORVILLE

AGENDA ITEM


40

____

Yes/$Amou nt:

dmin. Services Director Review

of 204

geographic ¶Data &iPtanagement5oiutions

A California Corporation

GIS & CAD SOLUTION SPECIALISTS

June 26, 2011 Proposal #2011-08930 Day Renewal

Brandon CalesCity of Victorvifle14343 Civic DriveP.O. Box 5001Victorvil.le, CA 92392-2399

RE: Autodesk Subscription Program RenewaL, Contract #342-16448707

Dear Brandon:

Our records indicate that your Autodesk Subscription contract wiLl expire on 7/26/11. To ensure that you are always workingwith the best tools available, it is important to keep your Subscription up to date. Renew before your expiration date to avoidlate or upgrade charges. Please note, this special pricing is based on a purchase of the quantity shown and is only valid for14 days from the date of this proposal. After this date, please call for price verification. Each Autodesk Subscription includesautomatic shipment or electronic access to:

• The latest version of your licensed Autodesk software• Incremental product enhancements• Self-paced E-learning training to extend your skills• Exclusivemembers-only personalized website for each subscription holder• Web-based technical support

Don’t wait! Renew now to maintain all these benefits.

To renew your subscription for Autodesk products under the GSA Schedule, call GDMS at 661-949-1025 and use your MasterCard or Visa OR issue a signed purchase order to DLT SoLutions. Inc., Attn: GDMS, 13861 Sunrise Valley Drive, Suite 400,Herndon, VA 20171 (please see attached sample purchase order). Fax or maiL your completed purchase order to GDMS at661.949.9775, 42140 Tenth St. West, Lancaster, CA 93534.

Please include a copy of this letter along with your payment and the serial number of the product you are renewing.

AUTODESK SUBSCRIPTION PROGRAM (ISSUE P.O. TO DLT SOLUTIONS)

Qty/Description GSA Unit Price GSA Extended Price*

15 - Autodesk Subscription Renewal for Autodesk Map 3D $612.77 9,191.5515 - Autodesk Subscription Renewal for Autodesk Civil 3D 945.29 14,179.353 - Autodesk Subscription Renewal for AutoCAD Architecture 565.27 $1,695.812 - Autodesk Subscription Renewal for Autodesk Raster Design 247.01 494.02Shipping & Handling (There is no shipping and handling on GSA orders for Autodesk products.) ILL

TOTAL $25,560.73

Copyright GDMS 2011 - Confidential

42140 Tenth Street West Voice: 661.949.1025Lancaster, CA 93534-7004 Fax: 661.949.9775

Web: www.gdms-1.comE-mail: 9dms9dms-1.com

of 204

City of Victorville 2011-0896/26/11Page 2

* You may also be contacted by Autodesk and/or DLT Solutions regarding your renewal. If you have already renewed yourAutodesk Subscription Program, please disregard this letter.

In addition, we offer technical support contracts for all CAD & GIS software we sell.

GDMS TECHNICAL PHONE SUPPORT PACKAGES (ISSUE P.O. TO GDMS)Covers installation, configuration and trouble-shooting questions, as well as more complex questions and a broader range oftechnical issues.

GDMS Price**

Bronze program includes 3 technical phone support blocks (block = one call or 15 mins.) $100.00per 12 months for one designated user/one software product

Silver program includes 12 technical phone support blocks (block one call or 15 mins.) $300.00per 12 months for one designated user/one software product

GoLd program includes 24 technical phone support blocks (block = one call or 15 mins.) $500.00per 12 months for one or two designated users/one software product

PLatinum program includes Gold Program above, and two customer site visits for technical $Caltsupport

Pay-As-You-Go program (Per phone call technical phone support)First block/per incident $65.00Additional blocks each/per incident $35.00

Although Technical Support does not include training, GDMS does offer training classes at our site or yours. Please inquire about our currentcourse offerings.

We are committed to providing the best possible products, support, training, and consulting services for our clients at acompetitive price. If you have any questions, please do not hesitate to call. I look forward to hearing from you.

Sincerely,

Brian 0. Glidden, P.E., L.S.GDMS

BDG:ds

Copyright GDMS 2011 - Confidential

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BiN to:YOUR COMPANY’S NAME & ADDRESS

Attn: GDMSOLT Solutions, Inc.13861 Sunrise Valley Dr, Ste 400Herndon,VA 20171Fax: 661.949.9775

PURCHASE ORDER#

T0

SH

PT0

YOUR SHIP TO ADDRESS

T[ DATE WANTED TERMS SHIPVIA

[__________

PLEASE ENTER OUR ORDER FOR THE FOLLOWING - TO BE SHIPPED AS DIRECTED

QTY. QTY. RECEIVED DESCRIPTION UNIT PRICE AMOUNT

15 Autodesk Subscription Renewal for AutoCAD Civil 3D $945.29 $14,179.352011

15 Autodesk Subscription Renewal for AutoCAD Map 3D $612.77 $9,191.55Design 201 1

2 Autodesk Subscription Renewal for AutoCAD Raster $247.01 494.02Design 2011

3 Autodesk Subscription Renewal for AutoCAD 565.27 1,695.81Architecture 201 1

Contract # 342-16448707 Expiring 7/26/2011Software upgrades available via Download Only

Subtotal $ 25,560.73Sales Tax N/A

$ 25 560.73

rofRecord:GDMj

*** SAMPLE ***

CONDITIONS

GOODS ARE SUBJECT TO OUR INSPECTIONAND APPROVAL. IF SHIPMENT WILL BEDELAYED FOR ANY REASON, ADVISE US PURCHASING AGENTIMMEDIATELY STATING ALL NECESSARYFACTS. TO AVOID ERRORS NOTE

of 204

Details for Problem 41490Problem ID: 41490

User Name: bcales

E-Mail: [email protected]. us

Phone: 955-5068

Location:

Subject of problem: Renewal - Autodesk

Start Date: 7/5/2011 11:25:00 AM

Assigned To: Martha Munoz

Department: Information Technology

Category: IS Prch. - (IS dept use only)

Status: IN PROGRESS

Description

Details to be posted...

Notes:

[7/5/2011 11:44:00 AM - bcales]Quote, POR Summary in folder: N:\InformationServices\HelpdeskAttachments\2011\7-1 1\4 1490

[7/5/2011 3:30:00 PM - bcales]Req: 13000028

[7/18/2011 10:26:00 AM - bcales]Autodesk Software Subscripton renewal - (15 Civil 3D, 15 Map 3D, 2 Raster, 3Architecture). This Is necessary for product support and software upgrades in useby Engineering, Development, Community Services, Information Services, Airport,and Water District.

Close This Window

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THIS PAGE

LEFT BLANK

INTENTIONALLY

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CITY OF

VICTORVILLEE-mail: [email protected]



CONSENT CALENDAR


SUBMITTED BY: Doug Robertson DATE: July 14, 2011City Manager / Director of Administrative Services

SUBJECT: Annual Contract Maintenance Renewal and Upgrade for PeopleSoftHRMS/Payroll from Oracle.

RECOMMENDATION: That the Honorable City Council award Oracle the annualrenewal of PeopleSoft HRMS and Payroll software support and maintenance in theamount not to exceed $51,439.50.





Budget Acct. No.: 1001552 52300

Funding Source: HR SYS — CNTRCT SVCS

DISCUSSION:This software maintenance agreement with Oracle is required for receiving annualmandated tax and regulatory updates for the HRMS/Payroll system without which theCity would be out of compliance with Federal and State laws. This agreement is anannual renewal contract with the current existing vendor as of which is the sole sourceprovider for our current Human Resources/Payroll software updates. Staff hasnegotiated a greater than 25% reduction over the previous year for terms of service,July 1,2011 to June 30, 2012.

Submitted by: Adam Carter, IT Coordinator

AGENDA ITEM


No

____

Yes/$Amount:


CC: Joe HaggarcL

of 204

ORACLE®29-Mar-li

Adam CarterCity Of Victorville California14343 Civic DriveVICTORVI LLECA 92392United States

Dear Adam Carter,

The technical support services and benefits provided under service contract number 2314046 will expire, orhave expired, on 30-Jun-i 1. Please find attached an ordering document for the renewal of this servicecontract. If applicable, the attached ordering document may also include incremental technical supportservices newly acquired.

To ensure that there is no interruption to the technical support services and benefits provided under servicecontract number 2314046, please order the technical support services on this ordering document by issuinga form of payment acceptable to Oracle in accordance with the attached Order Processing Details section onor before 1-Jun-il.

If further information is required, please contact me at the e-mail address or telephone number providedbelow.

Regards,

Lisa KinsmanOracle Support ServicesE-mail: [email protected].: 916-315-5770Fax: 916-315-3000

Page 1 of 6 Service Contract Number: 2314046

RL_SpecifiedAgreement_v0301 09 of 204

ORACLE®

Ordering Document

Service Contract #: 2314046 Renewal Contact: Lisa Kinsman

Offer Expires: 30-Jun-il

Payment Terms: 30 NET from date ofTelephone: 916-315-5770

invoice

Fax: 916-315-3000

Billing Terms: Quarterly in Arrears E-mail: [email protected]

CUSTOMER: City Of Victorville California

QUOTE TO BILL TO

Account Contact: Adam Carter Account Contact Accounts Payable

Account Name: fntofhe Account Name: CITY OF VICTORVILLE

Address: 14343 Civic Drive Address: P0 Box 5001

VICTORVILLE VICTORVILLE

CA 92392 CA 92393

United States United States

Telephone: 760 955-5129 Telephone:

Fax: Fax:

E-mail: [email protected] E-mail:

Oracle may provide certain information and notices about technical support via e-mail. Accordingly, pleaseverify and update the Quote To and Bill To information above to ensure that such communications andnotices are received from Oracle. If changes are required, please e-mail or fax the updated information toLisa Kinsman at [email protected] or 916-315-3000. Please also include service contract number2314046 on such reply.


RL_Specified_Agreement_v0301 09 of 204

Service Details

I Service Level: Software Update License & Support End Date: 30-Jun-12 IProduct Description CSI # Qty License License Start Date Final Price

Metric Level I Type

Crystal Enterprise/BusinessObjects 15481394 1 FULL USE 1-Jul-11 0.00Enterprise PeopleSoft EnterpriseConcurrent Access License (bundlesof 5) (Mfr is Business ObjectsSA Third Party Program)

PeopleSoft Enterprise eProfile - 15481394 468 FULL USE 1-Jul-11 1,238.06Employee Count Perpetual

PeopleSoft Enterprise eBenefits - 15481394 468 FULL USE 1-Jul-il 1,238.06Employee Count Perpetual

PeopleSoft Enterprise ePay - 15481394 468 FULL USE 1-Jul-11 1,238.06Employee Count Perpetual

PeopleSoft Enterprise Payroll For 14486080 500 VALUE 1-Jul-11 16,600.11Public Sector - Employee CountPerpetual

PeopleSoft Enterprise Human 14486080 500 VALUE 1-Jul-11 16,600.11Resources For Public Sec -

Employee Count Perpetual

PeopleSoft Enterprise Time And 14486080 500 VALUE 1-Jul-11 14,525.10Labor For Public Sect - EmployeeCount Perpetual

Websphere for PeopleSoft 15481394 1 FULL USE 1-Jul-11 0.00Enterprise (Mfr is InternationalBusiness Machines Corporation:Third Party Program)

Crystal Reports for PeopleSoft 15481394 1 FULL USE 1-Jul-11 0.00Enterprise for Unlimited Users (Mfris Business Objects SA Third PartyProgram)

Subtotal: USD 51,439.50

Total Amount: USD 51,439.50

plus applicable tax

Notes:If any of the fields listed above are blank, the program licenses were acquired under a separate licensemodel in which such field(s) does not apply.

2. If a change to the Service Details provided above is required, please contact Lisa Kinsman at916-315-5770 or at [email protected] and an updated ordering document will be provided toyou in accordance with Oracle’s technical support policies.



GENERAL TERMS

You’ and ‘your’ refers to the Customer provided above.

In the event that the Customer and the Quote To Account Name provided above are not the same, City OfVictorville California acknowledges that Customer has authorized City Of Victorville California to execute thisordering document on Customer’s behalf and to bind Customer to the terms described herein. City OfVictorville California agrees that the ordered services shall be used solely by the Customer and shall adviseCustomer of the terms of this ordering document as well as information and notices about technical supportthat Oracle provides to City Of Victorville California during the term of service.

The technical support services acquired under this ordering document are governed by the terms andconditions of the Oracle License and Services Agreement v040407. However, any use of the programs,which includes by definition the updates and other materials provided or made available by Oracle undertechnical support, is subject to the rights granted for the programs set forth in the order in which theprograms were acquired.

Technical support is provided under Oracle’s technical support policies in effect at the time the services areprovided. The technical support policies are subject to change at Oracle’s discretion; however, Oracle willnot materially reduce the level of services provided for supported programs during the period for which feesfor technical support have been paid. You should review the technical support pdlicies prior to entering intothis ordering document. The current version of the technical support policies, including Oracle’sreinstatement policy, may be accessed at htto://www.oracIe.com/us/suort/policies/index.html. Customerswho allow technical support to lapse and later wish to reactivate it will be subject to Oracle’s reinstatementpolicy in effect at the time of reinstatement. Applicable reinstatement fees may apply in addition to theannual technical support fees.

In the event that Priority Service is acquired under this ordering document, you acknowledge you mustmaintain a current Software Update License & Support contract for all licenses in a license set for whichPriority Service has been purchased. By accepting this ordering document, you also acknowledge thatSoftware Update License & Support for program licenses listed under the Priority Service level may berenewed under separate contract(s). Upon renewal, Priority Service fees will be based on the PriorityService pricing policies in effect at the time of renewal and such fees will be adjusted to account for anyacquisition of additional licenses in a license set. Contractual caps on annual technical support fees forSoftware Update License & Support do not apply to Priority Service, unless stated otherwise in your contract.


RL_SpecifiedAgreement_v0301 09 of 204

Order Processing Details

Your order is subject to Oracle’s acceptance. An order consists of the following: (i) this ordering document,which incorporates by reference the Oracle License and Services Agreement v040407, and (ii) a form ofpayment acceptable to Oracle. Oracle normally accepts orders after receipt of a purchase order, check orcredit card issued in accordance with the Purchase Order, Check, Credit Card Confirmation section below. IfOracle accepts your order, the service start date is the effective date of such order and also serves as thecommencement date of the technical support services.

Please note that if the pre-tax value of this ordering document is USD2,000 or less, the technical supportservices on this ordering document must be paid either by credit card or electronic upload of a PC to theOnline site.

Once ordered, technical support for the support period defined above is non-cancelable and the related feesare non-refundable.

An invoice will only be issued upon receipt of a form of payment acceptable to Oracle. Regardless of theform of payment, Oracle’s invoice includes applicable sales tax, GST, or VAT (collectively referred to as “tax”). If City Of Victorville California is a tax exempt organization, a copy of City Of Victorville California’s taxexemption certificate must be submitted with City Of Victorville California’s purchase order, check, credit cardor other acceptable form of payment.

PURCHASE ORDER. CHECK. CREDIT CARD CONFIRMATION

Purchase OrderIf the technical support services on this ordering document will be ordered and paid under a purchase order,the purchase order must include the following information:

- Service Contract #: 2314046- Term of Service: 1-Jul-il to 30-Jun-12- Final Total: USD 51,439.50 (excluding applicable tax)- Local Tax, if applicable- Agreement: Oracle License and Services Agreement v040407

In issuing a purchase order, City Of Victorville California agrees that the terms of this ordering document andthe terms of Oracle License and Services Agreement v040407 supersede the terms in the purchase order orany other non-Oracle document, and no terms incTuded in any such purchase order or other non-Oracledocument shall apply to the technical support services ordered.

Please e-mail or fax the purchase order to Oracle per the Remittance Details provided below.

CheckIf the technical support services on this ordering document will be ordered and paid by check, the checkmust include the following information:

- Service Contract #: 2314046- Term of Service: I-Jul-il to 30-Jun-12- Final Total: USD 51,439.50 (excluding applicable tax)- Local Tax, if applicable- Agreement: Oracle License and Services Agreement v040407

In issuing a check, City Of Victorville California agrees that only the terms of this ordering document and theterms of Oracle License and Services Agreement v040407 shall apply to the technical support servicesordered. No terms attached or submitted with the check shall apply.

Please mail check payments per the Remittance Details provided below.



Credit Card ConfirmationIf the technical support services on this ordering document will be ordered and paid under a credit card,please complete the section below and return it to Oracle per the Remittance Details provided below.Please note that Oracle is unable to process credit card transactions of USD100,000 or greater.

Service Contract #: 2314046Term of Service: 1-Jul-li to 30-Jun-12Final Total: USD 51,439.50 (excluding applicable tax)Agreement: Oracle License and Services Agreement v040407

Credit Card Number

Expiration Date

Billing Address (associated with Credit Card)

City, State, and Zip (associated with Credit Card)

Authorized Signature

Name

The credit card must be valid for the entire Term of Service above. In issuing this credit card confirmation,City Of Victorville California agrees that only the terms of this ordering document and the terms of OracleLicense and Services Agreement v040407 shall apply to the technical support services ordered. No termsattached or submitted with the credit card confirmation shall apply.

REMITTANCE DETAILSPurchase orders or credit card details for the technical support services ordered hereto should be sent to:

Attn: Lisa KinsmanOracle Support Services

Fax: 916-315-3000E-mail: [email protected]

Checks for the technical support services ordered hereto should be sent to:

AK, AZ, CA, HI, ID, NV, OR, UT, WA:

Oracle America, Inc.P0 Box 44471San Francisco, CA 94144-4471

All otherStates:

Oracle America, Inc.P0 Box 71028Chicago, IL 60694-1028



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To:Phone: 955-5129

TimeEntered By: acarter Spent:

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7/18/2011 2:27:00 PM

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VIcToRvI LLECal ifor n i a

AGENDA ITEM


CITY COUNCIL MEETiNG OF: AUGUST 2, 2011

SUBMITTED BY: Keith C. Metzlej/Director of Economic Development

ATTACHED: Ordinance No. 2277

DATE: 7/26/11

SUBJECT: AN URGENCY ORDiNANCE OF THE CITY COUNCIL OF THE CITY OFVICTORVILLE, CALIFORNIA, DETERMINING IT WILL COMPLY WITH THEVOLUNTARY ALTERNATIVE REDEVELOPMENT PROGRAM PURSUANT TO PART 1.9OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE [N ORDER TOPERMIT THE CONTINUED EXISTENCE AND OPERATION OF THE VICTORVILLEREDEVELOPMENT AGENCY

RECOMMENDATION: That Your Honorable City Council adopts Urgency Ordinance No.2277, thereby agreeing to the Voluntary Alternative Redevelopment Program established byABx1 27

FISCAL IMPACT: Continued receipt of future net tax increment revenues from the BearValley RdlHook Blvd and Old Town RDA project areas

Budget Amount: $0Total Amount Budgeted in the Account: $0Remaining Balance: $0Budget Acct. No:Funding Source: (name)


____No

Yes/$ Amt.:


DISCUSSION: On June 29, 2011, Governor Jerry Brown signed into law FY 11-12 budgettrailer bills ABx1 26 and ABx1 27, which significantly modify California Redevelopment Law.ABx1 26 is known as the “Dissolution Act” while ABx1 27 is known as the “VoluntaryRedevelopment Program Act.” Below is a brief overview of both bills.

CITY OF VICTORVILLE]A343 Civic Drive . Victorville, CA 92392 • 760.955.5032 760.955.5042 Fax

A WORLD 01: OPPORTUNITY

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In summary, ABx1 26 does the following:

• Immediately suspends and prohibits most redevelopment activities, including: incurringany new indebtedness payable from tax increment, amending existing agreements,transferring or disposing of assets (including real property owned by the RDA), pledgingor encumbering its revenues or assets, entering into contracts, making loans or grants, etc.

• Dissolves RDAs effective October 1, 2011• Creates Successor Agencies (such as the City) with Oversight Boards to continue to

satisfy any enforceable obligations of the RDA and to dissolve and wind down the affairsof the RDA

• Successor Agencies would be required to dispose of the former RDA’s assets orproperties expeditiously, and remit the proceeds from asset sales and any otherunencumbered RDA fund balances to the County Auditor-Controller for distribution tothe taxing entities

• The Oversight Board would consist of seven members, of which the City as SuccessorAgency could appoint two members. The other members are appointed by the CountyBoard of Supervisors (two appointees), County Superintendant of Education, Chancellorof California Community Colleges, and the largest special district taxing entity.

In summary, ABx1 27 does the following:

• To avoid being dissolved and lift the suspension of redevelopment activities, the RDA’ssponsoring community may elect to make the payments to their County Auditor-Controller beginning in FY 11-12 and continuing so long as the RDA continues tooperate.

• The RDA’s sponsoring community must enact an ordinance to comply on or beforeNovember 1,2011

• Once the opt-in ordinance is enacted by the sponsoring community, the RDA will nolonger be subject to the provisions ofABxl 26 and may recommence normal activities

• Payments are to be made each fiscal year by January 15 and May 15, commencing in2012.

• A portion of the remittances received by the County Auditor-Controller are to bedistributed to fire protection and transit districts in the participating RDA’s project areas,while the majority of the remittance received are to be distributed to school entities thatserve the participating RDA’s project areas through the Educational RevenueAugmentation Fund

On July 28, 2011, the California Redevelopment Association (CRA) and the League ofCalifornia Cities filed a lawsuit against the state in the California Supreme Court challenging theconstitutionality of both bills. More specifically, the lawsuit claims ABx1 26 and ABx1 27

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violate Proposition 22, which was approved by California voters in November 2010. Included inthe lawsuit was a request for a stay against enforcement by the State of any provisions of thebills. RDA staff and legal counsel are monitoring the progress of the court case and will updatethe Council as information is received from CRA and the League.

The attached Ordinance No. 2277 is necessary to allow the Victorville Redevelopment Agencyto continue to conduct its normal course of business. The ordinance indicates the City ofVictorville will comply with ABx1 27 by agreeing to make annual payments to the CountyAuditor-Controller from revenues received from the Victorville RDA’s Bear Valley/Hook andOld Town Redevelopment Project Areas. Such payments would be made under protest andwithout prejudice to the City’s right to recover such amounts should a court of law overturnABx1 26 and ABx1 27. At the time of this report, the payment for the Victorville RDA isestimated at $2,865,987 for FY 11-12, and $674,350 for FY 12-13. Subsequent annual paymentsare a product of the FY 12-13 payment and the percentage increase in tax increment insubsequent years. Final calculations from the State Department of Finance (DOF) are requiredto be released on August 1, 2011. The ordinance would also allow the City to appeal the FY 11-12 DOF calculation for specific reasons allowed under Health and Safety Code Section 34194.

Staff has prepared updated cash flow projects for the RDA and determined that sufficient cash isavailable from the RDA to fund the payments. ABx 1 27 allows an RDA to withhold its FY 11-12 deposit of 20% of tax increment to its housing fund in order to make the payment. At a latermeeting date, staff will bring forward for Council consideration a resolution to allow the RDA toexercise this provision of ABx1 27, as well as a Remittance Agreement in which the VictorvilleRDA would agree to transfer funds to the City for the payments required using funds from itsBear Valley/Hook and Old Town Redevelopment Project Areas.

It is important to note that the City’s agreement to make the payments to the County Auditor-Controller under ABx1 27 is not a commitment of the general fund, nor any other assets orrevenues of the City, other than RDA funds. Per ABx1 27, the only sanction to the City if apayment to the county were not made for any unforeseeable reason is that the Victorville RDAwould become subject to ABx1 26, and therefore become dissolved.

This item is being presented as an Urgency Ordinance in order to allow it to become effectiveimmediately if adopted by the Council. The reason for the urgency is the Victorville RDA isseverely hindered from conducting its everyday activities under ABx1 26, which is in effect now.There are projects involving health and safety, such as the remediation of contaminated property,as well as programs that affect the livelihood of our citizens (such as first time homebuyer loans,single family and multi-family rehabilitation projects in progress ) that are restricted fromactivity until the City opts-in to the “voluntary redevelopment program.”

For these reasons, staff is recommending adoption of Ordinance No. 2277 and remains availablefor any questions or comments you might have.

Submitted by: KCM:sle

Attachments: Ordinance No. 2277

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ORDINANCE NO. 2277

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITYOF VICTORVILLE, CALIFORNIA, DETERMINING IT WILL COMPLYWITH THE VOLUNTARY ALTERNATIVE REDEVELOPMENTPROGRAM PURSUANT TO PART 1.9 OF DIVISION 24 OF THECALIFORNIA HEALTH AND SAFETY CODE IN ORDER TO PERMITTHE CONTINUED EXISTENCE AND OPERATION OF THEVICTORVILLE REDEVELOPMENT AGENCY

WHEREAS, the Victorville Redevelopment Agency (the “Agency”) has been dulycreated and activated pursuant to the provisions of the California Community RedevelopmentLaw, Health and Safety Code sections 33000, et seq. (the “CRL”) by a duly adopted Ordinanceof the City of Victorville, California (the “City”); and

WHEREAS, the Agency previously caused the adoption of the Bear Valley RoadRedevelopment Plan and the Old TownlMidtown Redevelopment Plan (collectively, theRedevelopment Plans), both of which were approved and adopted by the City of Victorville (the“City”) pursuant to a duly adopted Ordinance of the City; and

WHEREAS, the Agency is engaged in activities to execute and implement theRedevelopment Plans pursuant to the provisions of the CRL; and

WHEREAS, since adoption of the Redevelopment Plans, the Agency has undertakenredevelopment projects in the project areas subject to the Redevelopment Plans (collectively, the“Project Areas”) in order to eliminate blight, improve public facilities and infrastructure,renovate and construct affordable housing, and enter into partnerships with private industries tocreate jobs and expand the local economy; and

WHEREAS, over the next few years, the Agency hopes to implement a variety ofredevelopment projects and programs within the Project Areas in order to continue to eliminateand prevent blight, stimulate and expand economic growth, create and develop local jobopportunities and alleviate deficiencies in public infrastructure, to name a few; and

WHEREAS, as part of the 2011-12 State budget bill, the California Legislature hasrecently enacted and the Governor has signed, companion bills AB 1X 26 and AB 1X 27,requiring that each redevelopment agency be dissolved unless the community that created itenacts an ordinance committing it to making certain payments; and

WHEREAS, specifically, AB 1X 26 prohibits agencies from taking numerous actions,effective immediately and purportedly retroactively, and additionally provides that agencies aredeemed to be dissolved as of October 1, 2011; and

WHEREAS, AB 1X 27 provides that a community may participate in an “AlternativeVoluntary Redevelopment Program,” in order to enable a redevelopment agency within that

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community to remain in existence and carry out the provisions of the CRL, by enacting anordinance agreeing to comply with Part 1.9 of Division 24 of the Health and Safety Code; and

WHEREAS, the Alternative Voluntary Redevelopment Program requires that thecommunity agree by ordinance to remit specified annual amounts to the county auditor-controller; and

WHEREAS, under the threat of dissolution pursuant to AB 1X 26, and upon thecontingencies and reservations set forth herein, the City shall make the Fiscal Year 2011-20 12community remittance, currently estimated to be Two Million Eight Hundred Sixty FiveThousand Nine Hundred Eighty Seven Dollars ($2,865,987), as well as the subsequent annualcommunity remittances as set forth in the CRL; and

WHEREAS, the City reserves the right to appeal the California Director of Finance’sdetermination of the Fiscal Year 20 11-12 community remittance, as provided in Health andSafety Code Section 34194; and

WHEREAS, the City understands and believes that an action challenging theconstitutionality of AB 1X 26 and AB 1X 27 will be filed on behalf of cities, counties andredevelopment agencies; and

WHEREAS, while the City currently intends to make these community remittances, theyshall be made under protest and without prejudice to the City’s right to recover such amounts andinterest thereon, to the extent there is a final determination that AB IX 26 and AB 1X 27 areunconstitutional; and

WHEREAS, the City reserves the right, regardless of any community remittance madepursuant to this Ordinance, to challenge the legality of AB 1X 26 and AB 1X 27; and

WHEREAS, to the extent a court of competent jurisdiction enjoins, restrains, or grants astay on the effectiveness of the Alternative Voluntary Redevelopment Program’s paymentobligation of AB 1X 26 and AB 1X 27, the City shall not be obligated to make any communityremittance for the duration of such injunction, restraint, or stay; and

WHEREAS, all other legal prerequisites to the adoption of this Ordinance haveoccurred.

THE CITY COUNCIL OF THE CITY OF VICTORVILLE, CALIFORNIA, DOESORDAIN AS FOLLOWS:

Section 1. Recitals. The Recitals set forth above are true and correct andincorporated herein by reference.

Section 2. Participation in the Alternative Voluntary Redevelopment Program.In accordance with Health and Safety Code Section 34193, and based on the Recitals set forthabove, the City Council hereby determines that the City shall comply with the provisions of Part1.9 of Division 24 of the Health and Safety Code, as enacted by AB lX 27.

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Section 3. Payment Under Protest. Except as set forth in Section 4, below, the CityCouncil hereby determines that the City shall make the community remittances set forth inHealth and Safety Code section 34194 et seq.

Section 4. Effect of Stay or Determination of Invalidity. City shall not make anycommunity remittance in the event a court of competent jurisdiction either grants a stay on theenforcement of AB 1X 26 and AB 1X 27 or determines that AB 1X 26 and AB 1X 27 areunconstitutional and therefore invalid, and all appeals therefrom are exhausted or unsuccessful,or time for filing an appeal therefrom has lapsed. Any community remittance shall be madeunder protest and without prejudice to the City’s right to recover such amount and interestthereon in the event that there is a final determination that AB 1X 26 and AB IX 27 areunconstitutional. If there is a final determination that AB 1X 26 and AB 1X 27 are invalid, thisOrdinance shall be deemed to be null and void and of no further force or effect.

Section 5. Implementation. The City Council hereby authorizes and directs the CityManager to take any action and execute any documents necessary to implement this Ordinance,including, but not limited to, notifying the San Bernardino County Auditor-Controller, theController of the State of California, and the California Department of Finance of the adoption ofthis Ordinance and the City’s agreement to comply with the provisions of Part 1.9 of Division 24of the Health and Safety Code, as set forth in AB 1X 27.

Section 6. Additional Understandings and Intent. It is the understanding andintent of the City Council that, once the Agency is again authorized to enter into agreementsunder the CRL, the City will enter into an agreement with the Agency as authorized pursuant toSection 34194.2, whereby the Agency will transfer annual portions of its tax increment to theCity in amounts not to exceed the annual community remittance payments to enable the City,directly or indirectly, to make the annual remittance payments. The City Council does notintend, by enactment of this Ordinance, to pledge any of its general fund revenues or assets tomake the remittance payments.

Section 7. Findings. The adoption of this Urgency Ordinance is necessary for theimmediate protection of the public peace, health and safety. In accordance with CaliforniaGovernment Code Section 36937 and in order to protect the public peace, health and safety, theCity Council finds and determines as follows:

(a) AB 1X 26 prohibits agencies from taking numerous actions, until the CityCouncil adopts an ordinance agreeing to comply with Part 1.9 of Division 24 of the Health andSafety Code, including, but not limited to, incurring any new monetary or legal obligations orexpanding any existing monetary or legal obligations, entering into agreements with any personfor any purpose or amending or modifying any existing agreements and taking any action withrespect to a redevelopment plan;

(b) Prior to the enactment of an ordinance agreeing to comply with Part 1.9 ofDivision 24 of the Health and Safety Code, the Agency will be unable to continue efforts withinthe Project Areas to eliminate and prevent blight (including remediation of contaminatedproperties), stimulate and expand economic growth, create and develop local job opportunitiesand alleviate deficiencies in public infrastructure;

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(c) Blighting conditions in the Project Areas constitute substantial threats topublic peace, health and safety, and are so prevalent they cannot be eliminated without Agencyaction, including, but not limited to, the use of Agency funds and authorization of redevelopmentprojects and programs;

(d) During the current economic crisis, the Agency must have the ability toact and continue the efforts set forth in (b) above. The Agency must have all tools available inorder to eliminate and prevent blighting conditions, including implementation of the Agency’seconomic development programs.

(e) The Agency is actively engaged in efforts to rehabilitate housing units, toprovide assistance for property improvements and to provide safe and affordable housing.Adoption of this Urgency Ordinance will permit the Agency to continue these effortsimmediately.

Section 8. CEOA. The City Council finds, under Title 14 of the California Code ofRegulations, Section 15378(b)(4), that this Ordinance is exempt from the requirements of theCalifornia Environmental Quality Act (“CEQA”) in that it is not a “project,” but instead consistsof the creation and continuation of a governmental funding mechanism for potential futureprojects and programs, and does not commit funds to any specific project or program. The CityCouncil, therefore, directs that a Notice of Exemption be filed with the County Clerk of theCounty of San Bernardino in accordance with CEQA Guidelines.

Section 9. Custodian of Records. The documents and materials that constitute therecord of proceedings on which these findings are based are located at the City Clerk’s officelocated at 14343 Civic Drive, Victorville, California. The custodian for these records is the CityClerk.

Section 10. Severability. If any provision of this Ordinance or the application thereofto any person or circumstance is held invalid, such invalidity shall not affect other provisions orapplications of this Ordinance which can be given effect without the invalid provision orapplication, and to this end the provisions of this Ordinance are severable. The City Councilhereby declares that it would have adopted this Ordinance irrespective of the invalidity of anyparticular portion thereof.

Section 11. Effective Date. The City Council hereby declares, on the basis of thefindings set forth above, that an emergency exists and that this Ordinance is necessary topreserve the public peace, health and safety. Accordingly, this Ordinance is adopted as anemergency ordinance and shall take effect and be in force immediately upon its adoption.

Section 12. Certificationz Publication. The City Clerk of the City of Victorville ishereby directed to certify to the passage and adoption of this Ordinance and to cause it to bepublished as required by law.

First read, adopted and ordered published at a regular meeting of the City Council held onthe 2nd day of August 2011.

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Ryan McEachron, MayorATTEST:

Carolee Bates, City Clerk

APPROVED AS TO FORM:

City Attorney

VICT.0001/DOC/441 .doc07/14/11 hvt 7/26/11 sle

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VIcToRvI LLECalifornia

AGENDA ITEM


CITY COUNCIL MEETING OF: AUGUST 2, 2011

SUBMITTED BY:

ATTACHED:

Keith C. MeDirector of Ec evelopment

None

DATE: July 18,2011

SUBJECT: Authorization to accept HOME funds from the Apple Valley/VictorvilleConsortium in the amount of $13,241 .09.

RECOMMENDATION: That your Honorable City Council authorize the acceptance ofHOME funds in the amount of $13,241.09 to be used for the ARRProgram HOME activity.

FISCAL IMPACT: $13,241.09 — unbudgeted revenue

Budget Amount: $75,000.00Total Amount Budgeted in the Account: $75,000.00Remaining Balance: $88,241.09Budget Acct. No: 2803 027E-43 120-20911Funding Source: HOME 10 Acquisition, Rehab/Resale


_____No

XYes/$ Amt.: $13,241.09


DISCUSSION: An internal audit and reconciliation was completed by the Town of AppleValley on HOME Consortium funds. The reconciliation conducted after all costs were submittedfor FY 2009-2010 revealed that GAP financing and administrative costs were not expended andremained available. The Town of Apple Valley and the City of Victorville agreed that the fundsavailable should be equally divided between the two entities. The total amount was $26,482,giving each community $13,241.09 for an eligible HOME activity.

For Victorville, the additional funds will be applied to HOME Acquisition, Rehabilitation, andResale as this is the program where funds could be immediately committed and funded.

CITY OF VICTORVILLE14343 Civic Drive . Victorville, CA 92392 • 760.955.5032 760.955.5042 Fax

A WORII) OF ()PPORTUNITY

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Staff is requesting authorization to accept the HOME Consortium funds for the HOMEAcquisition, Rehabilitation, and Resale Program.

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

Attachments: Email from the Town of Apple Valley

KCM/tnt

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of 1

Cfrady Amagrande

From: Cindy Amagrande

Sent: Wednesday, June 02, 2010 12:32 PM

To: ‘Tamara Torres’

Subject: HOME

Attachments: FULL SCHEDULE for2OlO-11 2-1710doc; HOME CDBG IDIS Reconciliaton 9-4-08.xls; ScanOOI.pdfTamara:

Last year when I entered the 2009/2010 HOME proects/activwes into IDIS the amountavailable for funding excluding administration was: S548, 134.92 (See attached IDISscreen print PDF.) and is allocated as follows:

AVRRLP 155,890VV SHRP 230,762VVOOF? 20,000VVMAP 40,000VV Acq/Rehab ZAQQQTotal 521,652

The diffarenca between tha £548,134.92 and the $521,652 is 26,48292 Attached is areconciliation I prepared in 2008 and I forwarded it to you at the time, however, here it isagain for your convenience. The attached spreadsheet reveals thai I released$26,482.1 7(See balance on 9/30/CS) from HOME Administration funds to be used asentitlement funds. To be honest 1 don’t remember all the specifics, but $26,482.17 isavailable to use. (I am off by .075, but hn not really concerned about that minimalan7ount, i suggest we split the amount giving each jurisdiction an additional $13,241.09for HOME activities. Does this work for you?

In aduition I have also attached my draft OonsciidetedPlanning Schedule for 2010/2011for your review I’ve tentatively set the Ccnsuliet’on Wcrkshop for September 16 atApple Valley Town HaiL Let me know iT the date arid time works for you. You andLi.liiana a experts at presenting this workshop, I wonderif you would mind presioihq4VCr the event again? Let me know how youV like to handie advertisinp, etc.

If you have any quesbons, please let me know and have a great wee/cl By the way I’llprobably do HOME monitoring sotnetime in July. Is a coo Ic vc,eeks notice scfr7cie;;’i?

Thanks,

Cindy AmagrandeTown cf Apple ValleyHousing & Community Development Specialist II14955 Dale Evas ParkwayApple Valley CA 92307760 240-7000 awL 7916760 240-7910 faAcamagranoe©applevalle’.orq

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Cindy Amagrande

From: Tamara Torres [rTorresCI.VICT0RViLLE.CA.US]Sent: Thursday, June 03, 2010 10:53 AM

To: Cindy Amagrande

Cc: Liliana Collins

Subject UnaHocat-1OtE fun

Pursuant to our discussion and after our review, we concur that the$26,482.17 amount you determined available appears to be correct. Theamount appears to be due to the adjustment required after we stoppedusing the Gap funds for our HOME activities. This amount of $26,482.17was released after you closed out the administration activities forVictorville. This is because Victorville covered Administration expendituresfor one full fiscal year and the first quarter of a second year out of the Gapfunds instead of requesting reimbursement from the HOME account.However, because these amounts were determined based on adjustmentsmade including the gap funds, it is appropriate for both Apple Valley andVictorville to split the funds giving each community $13,241.09 to ourrespective activities.

As far as HUD is concern, they do not care which community expends thefunds as long as it is allocated to an eligible HOME activity. Victorvillewould like to allocate these funds to their ARR activity. Therefore, you canproceed with this allocation and we will use this email as documentationand note it on our CAPER for fiscal year 2009.

Due to the small amount of the increase to our activities it should not triggerany type of amendment according to our citizen participation plans.

Should you have any questions or concerns, please contact me at (760)243-1923.

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200712008 HOMEICDBGIIDIS Reconciliaton

CDBG

IDIS Balance 5/8/08 25,947.16Meals on Wheels 10,000.00IFHMBJFair Housing 14.80IFHM8/LandlordlTeriant 3.82Catholic Charities 10.10Balance 913108 $36,975.88

V HOME

IDJS Balance 8/11/08 211,634.31Azul 8,127.24Balance 9/2108 203,507.07ANocation from Admin. To EN Funds 39,107.86Balance 9/2/08 242,61493Funded 06/07 MAP 216,132.76Balance 913108 $26,482.17

HOME funds released

ReleasedVictorville 2005106 Admin Allocation Paid Gap IDIS

21,975,00 21,975.00 21,975.00

Victorville 06107 Admin 21,975.00 21,740.19 21,740.19

$43,715.19

H/HOME/Reports/2008/HOME-CDBG-IDIS Reconciliation 9/4/08

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AGENDA ITEM


CITY COUNCIL MEETiNG OF: AUGUST 2, 2011

SUBMITTED BY: Keith C.Director of Ec ic Development

DATE: 07/20/11

ATTACHED: None

SUBJECT: Community Development Block Grant (CDBG) — High Desert HomelessServices Dorm Room Renovation Project

RECOMMENDATION: That the Honorable Council award a contract to Stimax Constructionfor the rehabilitation project for the High Desert Homeless Services Dorm Renovation Project, inthe amount of $60,000.00, to be funded through CDBG Grant funds.


Budget Amount: $60,000Total Amount Budgeted in the Account: $60,000Remaining Balance: $0Budget Acct. No: 2803 025E-43 120-20626Funding Source: CDBG


_____No

Yes/$ Amt.:

Admin. Services Director Review andApproval:_____________________

DISCUSSION: On May 4, 2010 the City Council approved the final Community DevelopmentBlock Grant (CDBG) award amounts for FY 2010/2011. The High Desert Homeless Serviceswas awarded a grant of $60,000 for the rehabilitation of the facilities dorm room ceilings,renovation of the food service area and re-plumbing of the common area bathrooms.

Development Department staff conducted an inspection of the facility and prepared a scope ofwork to include renovation of the food service area. Economic Development staff prepared a bidpackage for the shelter. The shelter solicited bids for the work to be completed and received fourbids. Bids were received from the following vendors:

CITY OF VICTORVILLE14343 Civic Drive . Victorville, CA 92392 • 760.955.5032 760.955.5042 Fax

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Company Bid AmountsStimax Construction $60,000.00Complete Construction Group $61,000.00NCC Construction $68,743.87Gary Moore Construction $79,900.00

The Economic Development Department staff request Council approve and award the project tothe lowest, responsive and responsible bidder, Stimax Construction, in the amount of $60,000and authorize staff to proceed with the shelter rehabilitation as specified in the bid documents.

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

Attachments: Bid responses

KCM/tnt!lc

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CITY OF VICTORVILLEHigh Desert Homeless Services

Project Cost Estimate/Bid

Site Address: 14049 Amargosa RoadOwner Name(s): Susie HollenbeckPhone: 760-245-5991

Item # Description Total Amount

j Dorm Building Ceiling: remove all acoustical texture from ceiling throughout entire Overlay est.building, remove/repair all damaged, warped, and sagging drywall from lid throughout drywall afterbuilding (except restrooms) as needed for a complete and proper installation. Install scrap andgypsum board in accordance with manufacturer’s instructions and codes. Fasten renair Installgypsum board to furring or framing with nails or screws. Place control joints consistent f/ “boardwith lines of building spaces as directed. Place edge trim where gypsum board abutsdissimilar materials. Tape, fill and sand exposed joints, edges and corners to a smooth rropose.

surface ready to receive finish. Use necessary care to prevent scattering gypsumwallboard scraps, plaster, dust and to prevent tracking plaster materials onto floorsurfaces. At the completion of installation promptly pick up and remove from theworking area all scrap, debris and surplus material. All replaced drywall shall be 5/8”thick and taped and textured with knock down finish. Prior to painting remove and/ormask all electrical fixtures or other finish materials not receiving paint.

To Include: paint and prep of entire ceiling throughout when drywall is completed and

textured. Remove or mask electrical plates, hardware, light fixture trim, escutcheons

and fittings prior to preparing surfaces for finishing. All surfaces to be clean and dryprior to application. No show through, runs, sags or brush marks. Paint shall be semi

gloss owner’s choice of color.$1 5.000.00

2* Dorm Building Attic: INSTALLATION - BLOWN-IN INSULATION, Install insulation inaccordance with manufacturer’s instructions. Install in roof and ceiling spaces without

gaps or voids throughout entire attic. Reinstall all existing Batt insulation prior to newinsulation; install insulation to ensure even thickness throughout to achieve a minimumof R-38.

$4500.003* Day Building Existing Restrooms: Convert (2) children’s restrooms to (2) standard

restrooms and renovate existing standard restroom (see attached floor plans for allchanges and requirements). Both restrooms shall meet all accessible requirements ofChapter 1 lB of the 2010 California Building Code.To include:

1. Expose entire waste drain line of all three restrooms to ensure proper drainageand compliance with current codes.

2 Install one (2 total) r-5 in each restroom.

Note: Installation of baby changing tables shall comply with all 2010 CaliforniaBuilding Code Accessibility requirements (ADA).

$1 8.000.00

4 Day Building Food Service Area: Replace all cabinets, counter tops, sink and faucet,

in service area (see attached plans for locations, dimensions, and requirements).

Cabinets; Replace all base cabinets and all upper cabinets. Cabinets to be factory

pre-assembled uppers and lowers, end panels to be 1/2 inch engineered wood with

oak plywood interior and exterior, oak veneered finish on all exposed sides. Back wall

to be minimum 1/8 inch plywood interior, shelves to be 3/4 inch minimum thickness

with vinyl edge banding and fully adjustable. Doors to be recessed panel with

concealed self-closing hinges, drawer glides to be ball bearing under mount. Face

frame, doors and drawer fronts to be % inch minimum thickness. Finish to be natural

oak.Counter Tops and Sink; Remove existing laminate countertop in serving area.

Remove existing faucet and sink. Install new Laminate countertop and backsplash in $20.000.00

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serving area. Owner’s choice of color.To include: Install dual basin sink left side maximum bowl depth of 9”, right side

maximum bowi depth of 7”. Owner’s choice of color. To include one Kitchen faucet

convenient lever handles, 3-Hole installation, swivel high arch spout, solid brass

construction, includes 90-degree ceramic valve set, 24in veggie sprayer hose, P-trap

assembly, flexible water lines and angle stops.

PROPOSE: INSTALL X3 OVERHEAD /NON COMERCIAL VENTLESS

MICROWAVES. $500.00

5 Day Building Waiting Area; Install new floor to ceiling lockable wood storage cabinets

with shelves (see attached plans for locations, dimensions, and requirements).

Cabinets and shelves to be paint grade solid wood and plywood (no particle board) to

include semi-gloss paint to match walls, 3 to 4 rows of shelves in all cabinets, all doors

to be lockable with matching keys.$2000.00

Total$60.000.0O

Contractor shall obtain and pay for all necessary permits and licenses required to accomplish the work and to

adhere to applicable codes and requirements whether or not covered by the Project Cost Estimate/Bid.

* Contractor is required to obtain a permit from the City of Victorville. Permit # MISII-00015 issued to project.** Contractor is required to obtain a permit from The Housing and Community Development (H.C.D.) Riverside,

CA.

I understand that commencement of the purchase of material and/or constructionlimplementation of improvements shall not be

performed until the City of Victorville executes the “Notice to Proceed” form indicating acknowledgment of contract execution and

that Contractor or has submitted required documents.

Contractor: STIMAX CONSTRUCTION INC Victorville Business License #: BSLO8-O1 504

Address: P.O.BOX 2852 City: APPLE VALLEY CA. Zip: 92307

Phone: 760-646-5652 Fax: 1-800-243-8753

Contractor’s License No. 888886 Classification: GEN.B Expiration Date:2014

—

,. 1/i / ...

._,

Z,.AY ?Yj WALTER STIMAX PRESEDENT 6-2-2011

‘ntractor’s SignJre Name Printed Title Date

2

of 204


Project Cost Estimate/Bid

Site Address: 14049 Amargosa RoadOwner Name(s): Susie HollenbeckPhone: 760-245-5991

Description f jtaI Amount,

1* Dorm Building Ceiling: remove all acoustical texture from ceiling throughout entire

building, remove/repair all damaged, warped, and sagging drywall from lid throughout

building (except restrooms) as needed for a complete and proper installation. Install

gypsum board in accordance with manufacturer’s instructions and codes. Fasten

gypsum board to furring or framing with nails or screws. Place control joints consistent

with lines of building spaces as directed. Place edge trim where gypsum board abuts

dissimilar materials. Tape, fill and sand exposed joints, edges and corners to a smooth

surface ready to receive finish. Use necessary care to prevent scattering gypsum

wallboard scraps, plaster, dust and to prevent tracking plaster materials onto floor

surfaces. At the completion of installation promptly pick up and remove from the

working area all scrap, debris and surplus material. All replaced drywall shall be 5/8”

thick and taped and textured with knock down finish. Prior to painting remove and/or

mask all electrical fixtures or other finish materials not receiving paint.

To Include: paint and prep of entire ceiling throughout when drywall is completed and

textured. Remove or mask electrical plates, hardware, light fixture trim, escutcheons

and fittings prior to preparing surfaces for finishing. All surfaces to be clean and dry

prior to application. No show through, runs, sags or brush marks. Paint shall be semi

gloss, owner’s choice of color., iL,5oC)

2* Dorm Building Attic: INSTALLATION - BLOWN-IN INSULATION, Install insulation in

accordance with manufacturer’s instructions. Install in roof and ceiling spaces without

gaps or voids throughout entire attic. Reinstall all existing Batt insulation prior to new

insulation; install insulation to ensure even thickness throughout to achieve a minimum

of R-38. 35o0

Day Building Existing Restrooms: Convert (2) children’s restrooms to (2) standardrestrooms and renovate existing standard restroom (see attached floor plans for all

changes and requirements). Both restrooms shall meet all accessible requirements ofChapter 1 lB of the 2010 California Building Code.To include:


2. Install one (2 total) Koala Baby Changing Stations — Standard Horizontal

Design Model KB200-5 in each restroom.Note: Installation of baby changing tables shall comply with all 2010 California

Building Code Accessibility requirements (ADA).

%a c)OQ

4 Day Building Food Service Area: Replace all cabinets, counter tops, sink and faucet,

in service area (see attached plans for locations, dimensions, and requirements).

Cabinets; Replace all base cabinets and all upper cabinets. Cabinets to be factory

pre-assembled uppers and lowers, end panels to be 1/2 inch engineered wood with

oak plywood interior and exterior, oak veneered finish on all exposed sides. Back wall

to be minimum 1/8 inch plywood interior, shelves to be 3/4 inch minimum thickness

with vinyl edge banding and fully adjustable. Doors to be recessed panel with

concealed self-closing hinges, drawer glides to be ball bearing under mount. Face

frame, doors and drawer fronts to be % inch minimum thickness. Finish to be natural

oak.Counter Tops and Sink; Remove existing laminate countertop in serving area.

Remove existing faucet and sink, Install new Laminate countertop and backsplash in

serving area. Owner’s choice of color.

1 of 204

To include: Install dual basin sink left side maximum bowl depth of 9”, right sidemaximum bowl depth of 7”. Owner’s choice of color. To include one Kitchen faucetconvenient lever handles, 3-Hole installation, swivel high arch spout, solid brassconstruction, includes 90-degree ceramic valve set, 24in veggie sprayer hose, P-trapassembly, flexible water lines and angle stops.

Day Building Waiting Area; Install new floor to ceiling lockable wood storage cabinetswith shelves (see attached plans for locations, dimensions, and requirements).Cabinets and shelves to be paint grade solid wood and plywood (no particle board) toinclude semi-gloss paint to match walls, 3 to 4 rows of shelves in all cabinets, all doorsto be lockable with matching keys.

3ooO’Total

Contractor shall obtain and pay for all necessary permits and licenses required to accomplish the work and toadhere to applicable codes and requirements whether or not covered by the Project Cost EstImate/Bid.

* Contractor is required to obtain a permit from the City of Victorville. Permit # MISI 1-00015 issued to project.** Contractor is required to obtain a permit from The Housing and Community Development (H.C.D.) Riverside,CA.

I understand that commencement of the purchase of material and/or construction/implementation of improvements shall not beperformed until the City of Victorville executes the “Notice to Proceed” form indicating acknowledgment of contract execution andthat Contractor or has s bmitted required documents.

VictoMlle Buess License #: / .

Address: /5 If City: Zip: V5Phone: 76 793 — 73O7 Fax: L-V/1 ‘C’v/ /

—Contractor sLice s No C75 /1 / Classification .LS (7 Expiration Date ,‘ ‘

________

/ /Contractor’s Signature! Name Printed Title 7p’ate/1 /

2 of 204

Jun—19-20ll 10:1?prii From—High Desert Homeless Services +760 245 7513 T—278 P.002/009 F—fl?CITY OF VICTORVILLE

HIgh Desert Homeless ServicesProject CotCstimatg(Bic

Site Address: 14049 Amargosa RoadOwner Name(s): Susie HollenbeckPhone: 760-245-5991a_

- -in- —

— 1S_ U— ir 1—— —-a-

—

Item #I j DescrlptonL I ., LIII i Total Amout I

::.:L ;tj, Dorm Building Ceiling: remove all acoustical texture from ceiling throughout entirebuilding, remove/repair all damaged, warped, and sagging drywall from lid throughoutbuilding (except restrooms) as needed for a complete and proper installation. Installgypsum board in accordance with manufacturer’s instructions and codes. Fastengypsum board to furring or framing with nails or screws Place control joints consistentwith lines of building spaces as directed. Place edge trim where gypsum board abutsdissimilar materials. Tape, fill and sand exposed joints, edges and corners to a smoothsurface ready to receive finish. Use necessary care to prevent scattering gypsumwallboard scraps, plaster, dust and to prevent tracking plaster materials onto floorsurfaces. At the completion of installation promptly pick up and remove from theworking area all scrap, debris and surplus material. All replaced drywall shall be 518”thick and taped and textured w[th knock down finish. Prior to painting remove and/ormask all electrical fixtures or other finish materials not receiving paint

To Include: paint and prep of entire ceiling throughout when drywall is completed andtextured. Remove or mask electrical plates, hardware, light fixture trim, escutcheonsand fthings prior to preparing surfaces for finishing. All surfaces to be clean and dry c--’Iprior to application. No show through, runs, sags or brush marks. Paint shall be semigloss, owner’s choice of color.

g — Dorm BuildIng Attic: INSTALLATION - BLOWN-IN INSULATION, Install insulation inaccordance with manufacturer’s instructions. Install in roof and ceiling spaces without 0°gaps or voids throughout entire attic. Reinstall all existing Batt insulation prior to newinsulation; install insulation to ensure even thickness throughout to achieve a minimum rof R-38.bay BuildinExisting Reirooms: Convit (2) children’s restrooms to (2) standardrestrooms and renovate existing standard restroom (see attached floor p/ans for allchanges and requirements). Both restrooms shall meet all accessible requirements ofChapter 1 lB of the 2010 California Building Code.To Include:

1. Expose entire waste drain line of all three restrooms to ensure proper drainage ‘:5 (,and compliance with current code&2. install one (2 total) KpaIa_Bay iiangjgg Statiog -tagdarLF-1orggtalsiqn Model KB200-5 in each restroomNote: Installation of baby changing tables shall comply with all 2010 CaliforniaBuilding Code Accessibil/fr requirements (ADA).

4 Day Building Food Service Area: Replace all cabinets, counter tops, sink and faucet,in service area (see attached plans for locations, dimensions, and requirements).Cabinets; Replace all base cabinets and all upper cabinets. Cabinets to be factorypre-assembled uppers and lowers, end panels to be 1/2 inch engineered wood withoak plywood interior and exterior, oak veneered finish on all exposed sides. Back wallto be minimum 1/8 inch plywood interior, shelves to be 3/4 inch minimum thicknesswith vinyl edge banding and fully adjustable. Doors to be recessed panel withconcealed self-closing hinges, drawer glides to be ball bearing under mount. Faceframe, doors and drawer fronts to be 34 inch minimum thickness, Finish to be naturaloak.

j ,1Counter Tops and Sink; Remove existing laminate countertop in serving area. \Remove existing faucet and sink Install new Laminate countertop and backsplash inserving_area._Owner’s_choice_of color-

1

of 204

+760 245 7613 1—278 p.003/009 F—737Jun-’lQZOlI 10:18pm From—High Desert Homeless Services.

-o inciucie: install duel basin sink left side maximum bowl depth of 9fl, right sidemaximum bowl depth of 7”. Owner’s choice of color. To include one Kitchen faucetconvenient lever handles, 3-Hole installation, swivel high arch spout, solid brassconstruction, includes 90-degree ceramic valve set, 24in veggie sprayer hose, P-trapassembly, flexible water lines end angle stops.

5 Day Bullding Waiting Area; Install new floor to ceiling lockable wood storage cabinetswith shelves (see attached plans for locations, dimensions, and requirements).4

Cabinets and shelves to be paint grade solid wood and plywood (no particle board) to ‘2,,include semi-gloss paint to match walls, 3 to 4 rows of shelves in all cabinets, all doorsto be lockable with matching keys.

ZZZZ*Z

Contractor shall obtain and pay for all necessary permits and licenses required to accomplish the work anti toadhere to applicable codes and requirements whether or not covered by the Project Cast EstiniatelBicl.* Contractor is required to obtain a permit from the City of Vlctorville. Permit # MlS11-00015 Issued to proje:t.** Contractor is required to obtain a permit from The Housing and Community Development (l-LC.b.) Riversi b,CA.

I understand that commencement of the purchase of material andlor constructionlimplementation of improvements shall nd beperformed until the City of Victorville executes the4Npe to Pr cee’ form indicating acknowledgment of contract execution ndthat Contractor or has submitted required documents.Contractor: t%.CCjçS’5rfl2ji Cfl O’—l VictoMlle Business License #:

______ ______________________

Address:9c421LQ1jE\&&.t1LD 424 City:Zip: fl233i4.

::c:r4

___

2

of 204


Proiect Cost Estimate/Bid

Site Address: 14049 Amargosa RoadOwner Name(s): Susie Hollenbeck

me: 760-245-5991

_______________

DescrØT toti1Amjit

Dorm Building Ceiling: remove all acoustical texture from ceiling throughout entirebuilding, remove/repair all damaged, warped, and sagging drywall from lid throughoutbuilding (except restrooms) as needed for a complete and proper installation. Installgypsum board in accordance with manufacturer’s instructions and codes. Fastengypsum board to furring or framing with nails or screws. Place control joints consistentwith lines of building spaces as directed. Place edge trim where gypsum board abutsdissimilar materials. Tape, fill and sand exposed joints, edges and corners to a smoothsurface ready to receive finish. Use necessary care to prevent scattering gypsumwallboard scraps, plaster, dust and to prevent tracking plaster materials onto floorsurfaces. At the completion of installation promptly pick up and remove from theworking area all scrap, debris and surplus material. All replaced drywall shall be 5/8”thick and taped and textured with knock down finish. Prior to painting remove and/ormask all electrical fixtures or other finish materials not receiving paint.

To Include: paint and prep of entire ceiling throughout when drywall is completed andtextured. Remove or mask electrical plates, hardware, light fixture trim, escutcheonsand fittings prior to preparing surfaces for finishing. All surfaces to be clean and dryprior to application. No show through, runs, sags or brush marks. Paint shall be semi-gloss, owner’s choice of color.

Dorm Building Attic: INSTALLATION - BLOWN-IN INSULATION, Install insulation inaccordance with manufacturer’s instructions. Install in roof and ceiling spaces without’gaps or voids throughout entire attic. Reinstall all existing Batt insulation prior to newinsulation; install insulation to ensure even thickness throughout to achieve a minimumof R-38.

_______________

Day Building Existing Restrooms: Convert (2) children’s restrooms to (2) standardrestrooms and renovate existing standard restroom (see attached floor plans for allchanges and requirements). Both restrooms shall meet all accessible requirements ofChapter 118 of the 2010 California Building Code.To include:


2. Install one (2 total) Koala Baby Changing Stations — Standard HorizontalDesign Model KB200-5 in each restroom.Note: Installation of baby changing tables shall comply with all 2010 CaliforniaBuilding Code Accessibility requirements (ADA).

Day Building Food Service Area: Replace all cabinets, counter tops, sink and fauce’in service area (see attached plans for locations, dimensions, and requirements).Cabinets; Replace all base cabinets and all upper cabinets. Cabinets to be factorypre-assembled uppers and lowers, end panels to be 1/2 inch engineered wood withoak plywood interior and exterior, oak veneered finish on all exposed sides. Back wallto be minimum 1/8 inch plywood interior, shelves to be 3/4 inch minimum thicknesswith vinyl edge banding and fully adjustable. Doors to be recessed panel withconcealed self-closing hinges, drawer glides to be ball bearing under mount. Faceframe, doors and drawer fronts to be % inch minimum thickness. Finish to be naturaloak.Counter Tops and Sink; Remove existing laminate countertop in serving area.Remove existing faucet and sink. Install new Laminate countertop and backsplash inserving area. Owner’s choice of color.

4

1I1).

of 204

Contractor’s License No.

Contractor Signature

To include: Install dual basin sink left side maximum bowl depth of 9”, right sidemaximum bowl depth of 7”. Owner’s choice of color. To include one Kitchen faucetconvenient lever handles, 3-Hole installation, swivel high arch spout, solid brassconstruction, includes 90-degree ceramic valve set, 24in veggie sprayer hose, P-trapassembly, flexible water lines and angle stops.

Day Building Waiting Area; Install new floor to ceiling lockable wood storage cabinetswith shelves (see attached plans for locations, dimensions, and requirements).Cabinets and shelves to be paint grade solid wood and plywood (no particle board) toinclude semi-gloss paint to match walls, 3 to 4 rows of shelves in all cabinets, all docto be lockable with matching keys.

Contractor shall obtain and pay for all necessary permits and licenses required to accomplish the work and toadhere to applicable codes and requirements whether or not covered by the Project Cost Estimate/Bid.

* Contractor is required to obtain a permit from the City of Victorville. Permit # MISII-00015 issued to project.** Contractor is required to obtain a permit from The Housing and Community Development (H.C.D.) Riverside,CA.

I understand that commencement of the purchase of material and/or construction/implementation of improvements shall not beperformed until the City of Victorville executes the “Notice to Proceed” form indicating acknowledgment of contract execution andthat Contractor or has submitted required documents.

Contractor: Vk..E Victorville Business License #: (Address: 5 *3 r. City: l. J

__________

Phone: 7Lt— S9— —71 Z.-. Fax:

Zip: 9i-S7

Name(Printed

Classification: . Expiration Date: Lq (

wsJi2Title Date

2 of 204

CITY OF

VICTORVILLE (760) 955-5000FAX (760) 245-7243




AGENDA ITEM



SUBMITTED BY: John A. McGIad\City Engineer/Director of Public Works

DATE: July 18,2011

ATTACHED:

SUBJECT:

RESOLUTION NO. 11-039, for adoption; superseding Resolution No.10-029

Request to Adopt Resolution 11-039 Authorizing the City Manageror Designee to Execute Contracts for the Supply of Electricity

RECOMMENDATION: That the Honorable City Council adopt Resolution 11-039authorizing the City Manager or designee to execute contracts for the supply of electricitywhich do not exceed $24 million in aggregate, for a period of up to ten (10) years.





Budget Acct. No.: 4200200-53010 — Foxborough4202076-53010 — SCLA

Funding Source: VMUS Electric Revenues

DISCUSSION:

On April 20, 2010, the City Council adopted Resolution No. 10-029 which authorized the CityManager or his/her designee to execute contracts for the supply of electricity in a cumulativeamount not to exceed $24 million over a period of five (5) years. Currently, VictorvilleMunicipal Utility Services (VMUS) has approximately 57 percent of projected customer powerrequirements secured under fixed-price contracts through December 31, 2014. Due to thevolatile nature of the energy market, VMUS is seeking additional flexibility to hedge potentialprice increases by securing supplementary long-term contracts based on projected customerpower requirements.


/No

____

Yes/$Amount:

‘1.Admin. Services Director ReviewadTh

of 204

CITY OF(760) 955-5000




As per the recommendation of the Utility Advisory Committee (UAC) on May 24, 2011, PublicWorks staff has drafted Resolution No. 11-039, which supersedes the previous authorizationunder Resolution No. 10-029, allowing the City Manager or his/her designee the ability toexecute contracts for the supply of electricity in an aggregate amount not to exceed $24million over a period often (10) years.

The budgetary impact for all power purchases for fiscal year 2011/2012 has been estimatedat $4,277,400.00. The VMUS power supply status and operational results are currentlyreported to the UAC on a quarterly basis, and all contracts executed by the City Manager orhis/her designee for the purchase of electricity will be reported to the City Council on a semiannual basis as required under Section 2.28.075 of the Victorville Municipal Code.

Public Works staff recommends that the City Council adopt Resolution 11-039 authorizingthe City Manager or designee to execute contracts for the supply of electricity that do notexceed $24 million in aggregate, for a period of up to ten (10) years.

VICTORVILLE

Submitted by: JAM:JD:LAB

of 204

RESOLUTION NO. 11-039

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OFVICTORVILLE, CALIFORNIA, SUPERSEDING RESOLUTION NO. 10029 FOR THE PURPOSE OF REVISING THE CITY MANAGER’SEXISTING AUTHORITY TO EXECUTE CONTRACTS FOR THESUPPLY OF ELECTRICITY

WhEREAS, with the fluctuation in electricity rates, it is necessary for the City ofVictorville (the “City”) to have the ability to purchase electricity on the open market; and

WHEREAS, electricity, when it becomes available, must be purchased immediately inorder to guarantee the lowest possible purchase price; and

WHEREAS, the provisions of Victorville Municipal Code § 2.28.030 empower the CityCouncil, by resolution or ordinance, to authorize the City Manager or other City officials toexecute specified contracts on behalf of the City; and

WHEREAS, in order maximize flexibility and procure electricity at lowest possibleprice, the City Council has previously authorized the City Manager or his/her duly authorizeddesignee to purchase and execute contracts for the supply of electricity without the need for priorCity Council approval of each transaction; and

WhEREAS, on April 20, 2010, the City Council adopted Resolution No. 10-029 whichauthorized the City Manager to enter into contracts for the supply of electricity in a cumulativeamount not to exceed $24 million over a period of five (5) years, provided such contracts wereexecuted in accordance with the standardized contracts from the California Independent SystemOperator (CAISO); and

WHEREAS, given that the City’s existing long-term power purchase contracts are due toexpire on December 31, 2014, and based upon the recommendation of the City’s UtilityAdvisory Committee, the City Council desires to authorize the City Manager or his/her designeeto execute electricity supply contracts which do not exceed $24 million dollars in the aggregate,for a period of up to ten (10) years.

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

Section 1. The City Manager or his/her duly authorized designee are herebyauthorized to execute, for and on behalf of the City of Victorville, contracts for the supply ofelectricity which do not exceed $24 million in the aggregate and which do not have terms inexcess often (10) years.

Section 2. Such contracts for the supply of electricity shall be in the form ofstandardized contracts/confirmations which have received prior legal review and approval fromthe City Council as part of power purchase enabling agreements or similar form approval.

of 204

Section 3. Except as expressly set forth in this Resolution, all contracts for the supplyof electricity shall comply with the applicable provisions of the Victorville Municipal Code.

Section 4. This Resolution shall supersede Resolution No. 10-029 in its entirety.

Section 5. The City Clerk shall certify to the adoption of this Resolution.

Section 6. This Resolution shall take effect immediately upon its adoption.

VVCA\0001\DOC\2924-RESO RE INCREASE OF CM ELEC PURCH AUTH 071411

of 204

CITY OF





AGENDA ITEM


CITY COUNCIL MEETING OF: 8/2/11

SUBMITTED BY: Carolee BatesCity Clerk

DATE: 7/20/11

SUBJECT: REQUEST FOR DIRECTION REGARDING LETTERSWRITTEN BY A SINGLE COUNCILMEMBER THAT EXPRESS ANOPINION OR OFFICIAL POSITION OF THE CITY COUNCIL

RECOMMENDATION: Any action is at thediscretion of the City Council.

FISCAL IMPACT: $0

Budget Amount: $0



Budget Acct. No.:


DISCUSSION: At the regular meeting held July 19, 2011, Councilmember Vallesrequested that a discussion occur regarding whether a single Councilmember has theauthority to write letters expressing an opinion or official position of the City Councilwithout the permission of all Councilmembers.

The rest of the Councilmembers concurred with this request and it has accordinglybeen placed on the agenda for discussion and possible action at this time.


____

No

____

Yes/$Amount:


/cb

of 204

_

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)m .z.

oz

Z7çm rn 11

of 204

CITY OF





I

AGENDA ITEM



SUBMITTED BY: John A. McGIad!ICity Engineer/Director of Public Works

DATE: July 20, 2011

SUBJECT: AWARD OF CONTRACT to Sulley-Miller Contracting Company for thereconstruction improvement project of Valley Center Drive from Lorene Drive to La PazDrive.

RECOMMENDATION: That City Council awards a contract to Sulley-MillerContracting Company in the amount of $556,750 plus contingency and constructionengineering for the construction of the Valley Center Drive Improvement Project.


Budget Amount: $750,000

Total Amount Budgeted in the Account: $673,667

Remaining Balance: $ 76,333

Budget Acct. No.: 40250-65000-65144

Funding Source: Proposition I B

DISCUSSION: The City of Victorville is utilizing the Proposition I B funds for thereconstruction of the existing Valley Center Drive Phase I roadway project from LoreneDrive to La Paz Drive. On July 19th, 2011 a total of five (5) bids were submitted andopened with the lowest responsive, responsible bidder being Sulley-MiIler ContractingCompany. The low bid was submitted in the amount of $556,750 by Sulley-MillerContracting Company, which is approximately 22% below the Engineer’s Estimate.


____

No

____

Yes/$Amount:


of 204

CITY OF


FAX (760) 245-7243E-mail: vvillecilci.victorville.ca.us



The list of eligible bidders who also submitted bids for the Valley Center DriveImprovement Project are as follows:

Company Bid AmountSully Miller Contracting $556,750Cooley Construction $647,668Vance Construction $656,668Hardy and Harper $704,998Anchor Construction $745,044

Bid $556,750Contingency (10%) $ 55,675Subtotal $612,425Construction Engineering (10% of Subtotal) $61,242Total $673,667

Submitted by: CS

of 204

I 0 ;1J m

rjZ

0’

-1

-o ;ti 0 C m C)

H -o

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THIS PAGE LEFT

BLANKINTENTIONALLY

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CITY OF



SUBMITTED BY: Douglas B. Robertso DATE: July 27, 2011City Manager

SUBJECT: Thirty-First Amendment to San BernardinoEnforcement Contract #94-909

RECOMMENDATION: That the Honorable CityCouncil approve the annual purchase order for theSan Bernardino Sheriffs Contract




Remaining Balance: $2,141,286

County Sheriff’s Law

Budget Acct. No.: 1002001 52300 POLICE-CONTRCT SVCS

Funding Source: General Fund

DISCUSSION: This item is an annual renewal of the Sheriff’s contract for FY 2011/2012 budget. The Thirty-First Amendment includes the final salary figures for bothsafety and general employees. There are no planned changes in the level of service.This Amendment replaces the Schedule A to Contract No. 94-909.

VICTORVILLE

AGENDA ITEM

(760) 955-5000FAX (760) 245-7243





____

Yes/$Amou nt:

e s DirectorAd m in

Submitted by: DRIch

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FOR COUNTY USE ONLY

Project NameContract Law Enforcement

2011-12

Estimated Payment Total by Fiscal YearFY Amount l/D FY Amount lID

Victorville, CA 92393Telephone

(760) 955 - 5000Federal ID No. or Social Security No.

IT IS HEREBY AGREED AS FOLLOWS:(Use space below and additional bond sheets. Set forth seivice to be rendered, amount to be paid, manner of payment, time for performance or completion,determination of satisfactoiy performance and cause for termination, other terms and conditions, and attach plans, specifications, and addenda, if any.)

THIRTY-FIRST AMENDMENT

Contract No. 94-909 providing law enforcement service to the City of Victorville is hereby amended, effective July

1, 2011, by replacing Schedule A, referred to in paragraph IV, with the Schedule A attached hereto and

incorporated herein by reference.

Except as amended, all other terms and conditions remain as stated therein.

Auditor/Controller-Recorder Use OnlyD Contract Database D FASInput Date Keyed By

County of San Bernardino

FAS

STANDARD CONTRACT

New Vendor Code Dept. Contract NumberChange SC SHR A 94-909 A-31

Q CancelCounty Department Dept. Orgn. Contractor’s License No.

Sheriff SHR SHR

County Department Contract Representative Telephone Total Contract Amount

Greg Garland, Captain (909)387-3649 $ 18,581,273

Contract TypeRevenue El Encumbered El Unencumbered El Other:

If not encumbered or revenue contract type, provide reason:

Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount

07/01/11 06/30/12 $ $ 18,581,273

Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No Amount

AAA SHR SHR 9565 WILLE $ 18,581,273

Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount

II $

Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount

I $

the County, andNameCity of VictorvilleAddress14343 Civic Drive

THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter Called

hereinafter called CITY

Page 1 of 2 of 204

[This page intentionally left blank]

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

ByJosie Gonzales, Chair, Board of Supervisors

Dated:

SIGNED AND CERTIFIED THAT A COPY OF THISDOCUMENT HAS BEEN DELIVERED TO THECHAIRMAN OF THE BOARD

Laura H. WelchClerk of the Board of Supervisorsof the County of San Bernardino

(Authorized signature - sign in blue ink)

(Print or type name of person signing contract)

ByDeputy

Address 14343 Civic Drive

Victorville, CA 92393

Name -

Title

Dated:(Print or Type)

Revised 1/11/2011 Page 2 of 2

of 204

SCHEDULE ALaw Enforcement Services Contract

City of VictorviNe2011-12

FY 2011-12LEVEL OF SERVICE COST

1 - Captain $ 269,278 1

1 - Lieutenant 209,955 1

10 - Sergeant 1,829,300 1

10 - Detective/Corporal 1,559951 1

60 - Deputy Sheriff 8,530,282 1

6 - Deputy Sheriff - Motorcycle 882,013 1

5 - School Resource Officer 710,857 1

13 - Sheriff’s Service Specialist 869,510 1

1 - Supv Office Specialist 75,474 1

1 - Secretary 62,896 1

12 - Office Specialist 754,753 1

29 - Marked Unit 353,452 2

3 - Crown Vic - Slick Top 35,565 2

15 - Unmarked Unit 112,155 2

1 - Unmarked Unit (Non-Code 3) 3,605 2

1 - Mini Van (Non-Code 3) 4,371 2

5 - Full Size Pickup 29,665 2

4 - Motorcycle 31,120 2

2 - Grant Motorcycle (Radio/Communication Costs Only) 1,2481 - Citizen Patrol 1,271

Dispatch Services 978,796 1

62 - HTs (Amortized over 7-years) 29,884104 - HTs (Access & Maint Only) 64,896

5 - Additional MDCs 13,55099 - Taser Replacement (Amortized over 4-years) 28,116

Administrative Support 80,352Office Automation 40,971Services & Supplies 145,800Vehicle Insurance 64,178Personnel Liability & Bonding 303,606County Administrative Cost 504,403

TOTAL COST: $ 18,581,273 1

Monthly Payment Schedule1st payment due July 15, 2011: $1,548,444

2 through 12th payments due the 5th of each month: $1,548,439

Personnel costs include salary and benefits and are subject to change by Board of Supervisors’ action.2 Vehicle costs do not include fuel and maintenance. The city is responsible for fuel and maintenance of all

contract vehicles. Any fuel and maintenance costs charged to the county will be billed to the city on aquarterly invoice.

3 No replacement cost is included for donated and grant-funded vehicles.

Page 1 of 2

of 204

SCHEDULE ALaw Enforcement Services Contract

City of Victorville2011-12

Additional Costs Billed Quarterly:

The City will be billed on a quarterly basis for the following items:

• Actual overtime cost.• Actual on-call cost (on-call pay for safety employees for FY2O11-12 is $185 per week).• Actual cost of vehicle fuel and maintenance.• Professional services from private vendors and other services, supplies and personnel costs

above the contract formula.

LEVEL OF SERVICE SUMMARY

SAFETY: GENERAL:Captain - 1.00 Sheriff’s Service Specialist - 13.00Lieutenant - 1.00 Secretary I - 1.00Sergeant - 10.00 Supv Office Specialist - 1.00Detective/Corporal - 10.00 Office Specialist - 12.00Deputy Sheriff - 60.00 Dispatchers - 12.00Deputy Sheriff - Motor - 6.00 39.00Deputy Sheriff - SRO - 5.00

93.00

VEHICLES:Marked Patrol Units - 32 DONATED VEHICLES:Unmarked Units Code 3 - 15 Pickup Truck - 2 *

Unmarked Non-Code 3 - 1 Van - 2 *

Mini Vans - 1 Radar Trailer 1 *

PickupTrucks - 5 5*

Motorcycles- 6

Citizen Patrol - 1Donated Vehicles-Ins Only - 5 * * (Included for insurance costs only)

66

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COUNCIL REPORTS

760.955.5000FAX 760.245.7243

[email protected]://ci.victorville.ca.us




SUBMITTED BY: Douglas B. RobertsonCity Manager

DATE: 7/7/11

ATTACHED: NO ATTACHMENTS

SUBJECT: DISCUSSION AND POSSIBLE ACTION REGARDING ITEMS FOR THEUPCOMING CITY COUNCIL AGENDA

RECOMMENDATION: Any action is at the discretion of the City Council.

FISCAL IMPACT: $0Budget Amount: $0Total Amount Budgeted in the Account: $0Remaining Balance: $0Budget Acct. No.:

--Finance Dept. Use Only—Additional Appropriation:

_____No______Yes/$Amou

ntAdmin. Services Director Review


DISCUSSION: The purpose of this agenda item is to provide an opportunity forCouncilmembers to propose items for placement on the upcoming City Council agenda.

CITY OF

VICTORVILLE

AGENDA ITEM

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COUNCIL REPORTS

760-955-5000FAX 760-245-7243





SUBMITTED BY: Carolee BatesCity Clerk

DATE: 7/7/11

SUBJECT: PRESENTATION OF REPORTS BY COUNCIL MEMBERS

RECOMMENDATIONS: N/A

FISCAL IMPACT: N/A

Budget Amount:Budget Account No.:

DISCUSSION: In the event Councilmembers have matters on which theywish to report, or desire direction from Council, those matters may be discussedat this time.

FISCAL IMPACT: $0Budget Amount: $0Total Amount Budgeted in the Account: $0Remaining Balance: $0Budget Acct. No.:andFunding Source: (name)

--Finance Dept. Use Only—Additional Appropriation:

No

_______Yes/$Amou

ntAdmin. Services Director Review

CB/dl

CITY OF

VICTORVILLE

AGENDA ITEM

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