October 20, 2015 Amended

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HESPERIA CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

HOUSING AUTHORITY

COMMUNITY DEVELOPMENT COMMISSION

FIRE PROTECTION DISTRICT

WATER DISTRICT

AGENDA

Regular Joint Meetings

1

st

and 3

rd

Tuesday

Date

: October 20, 2015

REGULAR MEETING

Time:

5:00 P.M.

(Closed Session)

6:30 P.M.

(Regular Meeting)

CITY COUNCIL MEMBERS

Eric Schmidt, Mayor

Bill Holland, Mayor Pro Tem

Russ Blewett, Council Member

Mike Leonard, Council Member

Paul Russ, Council Member

-

-

-

-

-

-

-

Mike Podegracz, City Manager

Eric L. Dunn, City Attorney

City of Hesperia

Council Chambers

9700 Seventh Avenue

Hesperia, CA 92345

City Clerk’s Office: (760) 947-1007

Agendas and Staff Reports are available on the City Website www.cityofhesperia.us

Documents produced by the City and distributed less than 72 hours prior to the meeting, regarding items on the agendas, will be made available in the City Clerk’s Office located at

9700 Seventh Avenue during normal business hours.

NOTE: In compliance with the Americans with Disability Act, if you need special assistance to participate in this meeting, please contact the City

Clerk’s Office at (760) 947-1007 or (760) 947-1056. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility.

City Council Meeting Agenda October 20, 2015

REGULAR MEETING AGENDA

HESPERIA CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

HESPERIA HOUSING AUTHORITY

HESPERIA COMMUNITY DEVELOPMENT COMMISSION

HESPERIA FIRE PROTECTION DISTRICT

HESPERIA WATER DISTRICT

As a courtesy, please silence your cell phones, pagers, and other electronic devices while the meeting is in session. Thank you.

Prior to action of the Council, any member of the audience will have the opportunity to address the legislative body on any item listed on the agenda, including those on the Consent Calendar. Comments are limited to three

(3) minutes for Public Comments, Consent Calendar and New Business and five (5) minutes for Public Hearings.

PLEASE SUBMIT A COMMENT CARD TO THE CITY CLERK WITH THE AGENDA ITEM NUMBER NOTED.

CLOSED SESSION - 5 :00 PM

Roll Call

Mayor Eric Schmidt

Mayor Pro Tem Bill Holland

Council Member Russell Blewett

Council Member Mike Leonard

Council Member Paul Russ

Conference with Legal Counsel - Potential Litigation:

Government Code Section 54956.9(d)2

1.

Three (3) cases

Conference with Real Property Negotiators – Property Negotiations

Government Code Section – 54956.8

1. Real Property Negotiations

Negotiating Parties: City of Hesperia, Hesperia Housing Authority and Eagle

Hesperia 55 LP

Location(s): 0405-072-42

Under Negotiations: Price and Terms

Conference with Labor Negotiator

Government Code Section 54957.6

1. Negotiations between the City of Hesperia and the San Bernardino Public

Employees Association (SBPEA) and non-represented employees with the

City's Negotiator. (Staff person: Brian D. Johnson, Assistant City Manager /

Management Services)

Government Code Section 54957:

1. Public Employee Appointment

Title: City Manager

City of Hesperia Page 1 Printed on 10/14/2015

City Council Meeting Agenda October 20, 2015

CALL TO ORDER - 6:30 PM

A.

B.

C.

D.

E.

Invocation by Johnny Lewis of Grace Christian Community Church

Pledge of Allegiance to the Flag

Roll Call

Mayor Eric Schmidt

Mayor Pro Tem Bill Holland

Council Member Russell Blewett

Council Member Mike Leonard

Council Member Paul Russ

Agenda Revisions and Announcements by City Clerk

Closed Session Reports by City Attorney

ANNOUNCEMENTS/PRESENTATIONS

1. Employee of the Month for October to Joe Iskander, Maintenance

Worker/Water by Jeff Ozanne, Maintenance Crew Supervisor

2. Community Events Calendar by Rachel Molina, Community Relations and

Media Coordinator

PUBLIC COMMENTS

Please complete a “Comment Card” and give it to the City Clerk. Comments are limited to three (3) minutes per individual. State your name for the record before making your presentation. Disclosure of your address is optional, but very helpful for the follow-up process.

Under the provisions of the Brown Act, the Council is prohibited from taking action on oral requests. However,

Council/Agency/Authority/Commission/Board Members may respond briefly or refer the communication to staff.

The Council/Agency/Authority/Commission/Board may also request the City Clerk to calendar an item related to your communication at a future meeting.

1) City Council

2) Fire District

3) Water District

JOINT CONSENT CALENDAR

1.

Page 9 Consideration of the Draft Minutes from the Regular Meeting held Tuesday,

October 6, 2015

Recommended Action:

City of Hesperia

It is recommended that the City Council approve the Draft Minutes from the

Regular Meeting held Tuesday, October 6, 2015.

Staff Person: City Clerk Melinda Sayre-Castro

Page 2 Printed on 10/14/2015

City Council

2.

Page 13

3.

4.

5.

Page 15

Page 25

Page 27

City of Hesperia

Meeting Agenda October 20, 2015

Attachments: Draft CC Min 2015-10-06

Warrant Run Report (City - Successor Agency - Housing Authority -

Community Development Commission - Fire - Water)

Recommended Action:

It is recommended that the Council/Board ratify the warrant run and payroll report for the City, Successor Agency to the Hesperia Community

Redevelopment Agency, Hesperia Housing Authority, Community

Development Commission, Fire District, and Water District.

Staff Person:

Attachments:

Assistant City Manager/Management Services Brian Johnson

SR Warrant Run 10-20-2015

Attachment 1 - Warrant Run

Treasurer’s Cash Report for the period ended August 31, 2015

Recommended Action:

It is recommended that the Council/Board accept the Treasurer’s Cash Report for the City, Successor Agency to the Hesperia Community Redevelopment

Agency, Hesperia Housing Authority, Community Development Commission,

Fire District, and Water District.

Staff Person:

Attachments:

Assistant City Manager/Management Services Brian Johnson

SR Treasurer's Report 10-20-2015

Attachment 1 - Investment Report

MDM West Contract Extension for Preventive Maintenance and Repair

Services

Recommended Action:

It is recommended that the City Council and the Board of Directors of the

Hesperia Water District authorize the City Manager to increase the not-to-exceed amount for Agreement 2010-11-084 with MDM West from

$186,750 to $221,750.

Staff Person: Director of Public Works Dale Burke

Attachments: SR MDM West Contract 10-20-2015

Award a Professional Services Agreement, to Valued Engineering, Inc., to provide Professional Civil Engineering Design Services Plans, Specifications and Estimates (PS&E) for the Willow Street Paseo Safe Route to School

Project (Construction Order Number 7123)

Recommended Action:

It is recommended that the City Council award a Professional Services

Agreement (PSA), to Valued Engineering, Inc., to provide Professional Civil

Engineering Design Services Plans, Specifications and Estimates (PS&E) for the Willow Street Paseo Federally Route to School Project (Construction Order

Number 7123), in an amount of $74,200; approve a 10% contingency in the

Page 3 Printed on 10/14/2015

City Council

6.

Page 31

Meeting Agenda October 20, 2015 amount of $7,420 for a total authorized contract amount of $81,620; and authorize the City Manager to execute the contract.

Staff Person:

Attachments:

City Engineer John Leveillee

SR Valued Engineering PSA 10-20-2015

Attachment 1 - Consultant Scoring Sheet

Security Services Contract extension, Mojave Corporate Yard and Civic Center

Recommended Action:

It is recommended that the Mayor and Council Members and Chair and Board

Members of the Hesperia Water District authorize the City Manager to execute a three-month extension to the current Professional Services Agreement

2015-16-043 with Alltech Security Solutions in the not-to-exceed amount of

$99,754.

Staff Person: Director of Public Works Dale Burke

Attachments: SR Security Services Contract Extension 10-20-2015

CONSENT ORDINANCES

WAIVE READING OF ORDINANCES

Approve the reading by title of all ordinances and declare that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived.

7.

Page 33 Crime Free Rental Housing Program

Recommended Action:

Place on second reading and adopt as amended by title waiving the text of

Ordinance No. 2015-12, approving the Crime Free Rental Housing Program.

Staff Person:

Attachments:

Captain Nils Bentsen

SR Crime Free Rental Housing 10-20-2015

Attachment 1 - Crime Free Lease Addendum

Ordinance 2015-12

NEW BUSINESS

NEW BUSINESS

8.

Page 47

City of Hesperia

Crime Free Rental Housing Program Fee

Recommended Action:

It is recommended that the Mayor and Council Members; Chair and Board

Members, Hesperia Water District; Chair and Board Members, Hesperia Fire

Protection District; Chair and Board Members, Hesperia Housing Authority;

Chair and Board Members, Successor Agency to the Hesperia Community

Redevelopment Agency; and Chair and Commissioners, Hesperia Community

Development Commission adopt Joint Resolution No. 2015-55, Resolution No.

HWD-2015-14, Resolution No. HFPD-2015-19, Resolution No. HHA 2015-09,

Page 4 Printed on 10/14/2015

City Council

9.

Page 71

10.

Page 75

11.

Page 89

12.

Page 91

City of Hesperia

Meeting Agenda October 20, 2015

Resolution No. HCDC 2015-11 and approve fees for non-compliance of the

Crime Free Rental Housing (CFRH) Program.

Staff Person:

Attachments:

Captain Nils Bentsen

SR Crime Free Rental Housing Fee 10-20-2015

Attachment 1 - Section 200 Police-Public Safety

Joint Resolution 2015-55; 14; 19; 09; 11

Attachment 3 - Exhibit B

Support of Partnership with Hesperia Chamber of Commerce for Community

Visioning Project

Recommended Action:

It is recommended that the City Council adopt Resolution No. 2015-58 to provide support and to partner with the Hesperia Chamber of Commerce on a

Community Visioning project.

Staff Person: Community Relations & Media Coordinator Rachel Molina

Attachments: SR Hesperia Chamber Visioning Project 10-20-2015

Resolution 2015-58

Tapestry Project Timeline

Recommended action:

It is recommended that the City Council receive and file this report concerning the tasks and timelines necessary to implement the Tapestry Specific Plan.

Staff Person:

Attachments:

Principal Planner Dave Reno

SR Tapestry Project Timeline 10-20-15

Attachment 1 - Devlopment Requirements

Attachment 2 - Tapestry Project Diagram

Ad Hoc Committee - Urban Water Management Plan

Recommended Action:

It is recommended that the Board of Directors provide direction on the establishment of an Ad Hoc Committee regarding preparation of the Urban

Water Management Plan (UWMP), and if established, appoint two Council

Members to participate on the Committee.

Staff Person:

Attachments:

City Manager Mike Podegracz

SR UWMP Ad-Hoc Committee 10-20-2015

Ad Hoc Committee - Development Impact Fee Study

Recommended Action:

It is recommended that the City Council provide direction on the establishment of an Ad Hoc Committee regarding preparation of the City’s Development

Impact Fee Program, and if established, appoint two Council Members to

Page 5 Printed on 10/14/2015

City Council

13.

14.

Page 93

Page 95

Meeting Agenda October 20, 2015 participate on the Committee.

Staff Person:

Attachments:

City Manager Mike Podegracz

SR DIF Ad-Hoc Committee 10-20-2015

Consideration of Establishing an Advisory Body Related to Animal Control.

Recommended Action:

It is recommended that the City Council provide direction to staff regarding establishing an advisory body related to Animal Control.

Staff Person:

Attachments:

Director of Development Services Scott Priester

SR Advisory Body for Animal Control 10-20-2015

Appointment of Acting Director of Development Services

Recommended Action:

It is recommended that the City Council adopt Resolution No. 2015-053 and the Board of Directors of the Hesperia Water District adopt Resolution HWD

2015-013, approving the exception to the 180-day wait period to appoint

California Public Employees’ Retirement System (CalPERS) retired annuitant

Jim Hart, as the Acting Director of Development Services.

Staff Person: Assistant City Manager/Management Services Brian Johnson

Attachments: SR Interim Development Services Director 10-20-2015

Resolution 2015-53

Resolution HWD 2015-13

Attachment 3 - Appointment Letter

COUNCIL COMMITTEE REPORTS AND COMMENTS

The Council may report on their activities as appointed representatives of the City on various Boards and

Committees and/or may make comments of general interest or report on their activities as a representative of the

City.

CITY MANAGER/CITY ATTORNEY/STAFF REPORTS

The City Manager, City Attorney or staff may make announcements or reports concerning items of interest to the

Council and the public.

ADJOURNMENT

City of Hesperia Page 6 Printed on 10/14/2015

City Council Meeting Agenda October 20, 2015

I, Melinda Sayre-Castro, City Clerk of the City of Hesperia, California do hereby certify that I caused to be posted the foregoing agenda on Wednesday, October 14, 2015 at 5:30 p.m. pursuant to California Government Code

§54954.2.

_____________________________

Melinda Sayre-Castro,

City Clerk

Documents produced by the City and distributed less than 72 hours prior to the meeting regarding items on the agenda will be made available in the City Clerk's Office during normal business hours.

City of Hesperia Page 7 Printed on 10/14/2015

THIS PAGE LEFT INTENTIONALLY BLANK

Page 8

City of Hesperia

Meeting Minutes - Draft

City Council

City Council Chambers

9700 Seventh Ave.

Hesperia CA, 92345

Tuesday, October 6, 2015 6:30 PM

REGULAR MEETING MINUTES

HESPERIA CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

HESPERIA HOUSING AUTHORITY

HESPERIA COMMUNITY DEVELOPMENT COMMISSION

HESPERIA FIRE PROTECTION DISTRICT

HESPERIA WATER DISTRICT

CLOSED SESSION - 5:00 PM

Roll Call:

Present: 4 - Mayor Schmidt, Council Member Leonard, Mayor Pro Tem Holland and

Council Member Russ

Absent: 1 - Council Member Blewett

Council Member Blewett teleconferenced in to the closed session meeting but did not vote.

The following urgency item of real property negotiations, Government Code Section – 54956.8 was added with a 4-0 vote by the City Council, Council Member Blewett was absent:

1. Negotiating Parties: City of Hesperia, Hesperia Housing Authority and Eagle Hesperia 55LP

Location(s): APN 0405-072-42

Under Negotiations: Price and Terms

Conference with Legal Counsel - Potential Litigation:

Government Code Section 54956.9(d)2

1. Three (3) cases

Conference with Real Property Negotiators – Property Negotiations

Government Code Section – 54956.8

1. Negotiating Parties: Hesperia Housing Authority and Frontier Homes

Location: APN 0405-042-07 & 08 and 0407-072-59

Under Negotiation: Price and Terms

Correction – APN incorrectly listed on the agenda. The error was discovered after the meeting was held.

Correct APN 0405-072-59, not 0407-072-59.

Conference with Labor Negotiator

Government Code Section 54957.6

1. Negotiations between the City of Hesperia and the San Bernardino Public Employees

Association (SBPEA) and non-represented employees with the City's Negotiator. (Staff person:

Page 9

Brian D. Johnson, Assistant City Manager/Management Services)

Government Code Section 54957:

Public Employee Appointment

Title: City Manager

CALL TO ORDER - 6:37 PM

A.

B.

C.

D.

Invocation by Jack Hamilton of High Desert Church

Pledge of Allegiance to the Flag

Roll Call

Present: 4 - Mayor Schmidt, Council Member Leonard, Mayor Pro Tem Holland and

Council Member Russ

Absent: 1 - Council Member Blewett

Agenda Revisions and Announcements by City Clerk

E.

Revised information received for item No. 6 and a letter for public hearing item no. 7 was received after the posting of the agenda and distributed to the public and City Council.

Closed Session Reports by City Attorney

One urgency item added under real property negotiations. Other items discussed, direction given to staff.

No reportable action taken.

ANNOUNCEMENTS/PRESENTATIONS

1. Presentation of Proclamation to Tim Callaghan of the Disabled American Veterans Organization by Mayor

Schmidt

2. Quarterly Congressional Update by Wally Linn, Field Representative for Congressman Cook

3. Community Events Calendar by Rachel Molina, Community Relations and Media Coordinator

Blood drive 10/7 in the Library Community Room, Health & Safety Fair 10/17 at Civic Plaza Park, Desert Rocks

Film Festival 10/17 at Civic Plaza Park.

PUBLIC COMMENTS

Tina Gliddon, commented on the Tapestry Project and impact on traffic congestion.

Al Vogler, commented on the Tapestry Project and requested that the project be placed on a ballot measure.

JOINT CONSENT CALENDAR

A motion was made by Russ, seconded by Leonard, that the consent calendar be approved. The motion carried by the following vote:

Aye: 4 - Schmidt, Leonard, Holland and Russ

Absent: 1 - Blewett

1.

Consideration of the Draft Minutes from the Regular Meeting held Tuesday, September 15, 2015

Recommended Action:

It is recommended that the City Council approve the Draft Minutes from the Regular Meeting held Tuesday,

Page 10

September 15, 2015.

Sponsors: City Clerk Melinda Sayre-Castro

2.

Warrant Run Report (City - Successor Agency - Housing Authority - Community Development Commission -

Fire - Water)

Recommended Action:

It is recommended that the Council/Board ratify the warrant run and payroll report for the City, Successor

Agency to the Hesperia Community Redevelopment Agency, Hesperia Housing Authority, Community

Development Commission, Fire District, and Water District.

Sponsors: Assistant City Manager/Management Services Brian Johnson

3.

Subregional Reclamation Facility Property Quitclaim Deed

Recommended Action:

It is recommended that the Board Members of the Hesperia Water District (HWD) approve the quitclaim of

Parcel 2 of Parcel Map No. 19462 (APN 0405-313-48) to the Victor Valley Wastewater Reclamation Authority

(VVWRA) for the construction, ownership and maintenance of the Subregional Reclamation Facility.

Sponsors: City Engineer John Leveillee

4.

Consideration of Contract with Nexus for Cisco SMARTnet

Recommended Action:

It is recommended that the City Council authorize the City Manager to execute a one-year agreement with

Nexus in an amount not to exceed $31,247 to provide hardware and technical support associated with the

Cisco SMARTnet Program.

Sponsors: IT Manager Sean Boal

CONSENT ORDINANCES

A motion was made by Russ, seconded by Leonard, that this item be approved. The motion carried by the following vote:

Aye: 4 - Schmidt, Leonard, Holland and Russ

Absent: 1 - Blewett

5. Consideration of Specific Plan Amendment SPLA15-00002; Applicant: City of Hesperia; 0410-112-21

Recommended Action:

Place on second reading and adopt by title waiving the text of Ordinance No. 2015-11, approving Specific

Plan Amendment SPLA15-00002.

Sponsors: Senior Planner Daniel Alcayaga

PUBLIC HEARING

6.

Development Agreement DA15-00001 and Site Plan Review SPR14-00008 (Applicant: TMS Consortium;

APNs: 0410-192-56 & 61)

Recommended Action:

Page 11

The Planning Commission recommends that the City Council adopt Resolution No. 2015-51, approving

DA15-00001 and SPR14-00008.

Sponsors: Senior Planner Stan Liudahl

The public hearing was opened.The applicant commented on item no. 6. The public hearing was closed.

A motion was made by Leonard, seconded by Holland, that this item be approved as amended to technical language changes that were green sheeted. The motion carried by the following vote:

Aye: 4 - Schmidt, Leonard, Holland and Russ

Absent: 1 - Blewett

7.

Crime Free Rental Housing Program

Recommended Action:

It is recommended the City Council introduce and place on first reading Ordinance No. 2015-12, approving the Crime Free Rental Housing Program.

Sponsors: Captain Nils Bentsen

The public hearing was opened. The following individuals commented on item no. 7:

Wes Bryant, Matt Buck, Al Vogler

There being no further public comment, the public hearing was closed.

A motion was made by Russ, seconded by Holland, that this item be approved as amended to include mandatory background checks, quarterly reports from staff and function as a two year pilot program with the City funding the program aside from the fine schedule to be presented at a later date,

The motion carried by the following vote:

Aye: 4 - Schmidt, Leonard, Holland and Russ

Absent: 1 - Blewett

COUNCIL COMMITTEE REPORTS AND COMMENTS

Council Member Leonard- No comments

Council Member Russ- Commented on VVEDA meeting, requested that a Council Ad Hoc committee discussion item be brought forward for the Development Impact Fee and Urban Water Management Plan updates, requested the Main Street and Freeway Corridor be revisited to remove the I-Avenue industrial area from the Plan, and second mini-County Fair of the year is scheduled for 10/23-25.

Mayor Pro Tem Holland- Thanked the City Council for discussion during the Crime Free Housing item, League of

Cities annual conference, announced the birth of his 8th grandchild.

Mayor Schmidt- Attended League Cities and SANBAG meeting. Requested an item be agendized to include a flow chart or graphic displaying the steps for the Tapestry Project, and an item discussing flashing yellow left turn signals, turn signals in Hesperia, SCAG alternate, upcoming Desert Rocks Film Festival, Community Clean-up day and Victor Valley Bicycle Tour.

CITY MANAGER/CITY ATTORNEY/STAFF REPORTS

The City Manager commented on Council Member Russ’s comments on DIF study.

ADJOURNMENT

9:13 p.m.

_____________________________

Melinda Sayre-Castro,City Clerk

Page 12

City of Hesperia

STAFF REPORT

DATE:

TO:

October 20, 2015

Mayor and Council Members

City Council, as Successor Agency to the Hesperia Community Redevelopment

Agency

Chair and Commissioners, Hesperia Housing Authority

Chair and Commissioners, Community Development Commission

Chair and Board Members, Hesperia Fire Protection District

Chair and Board Members, Hesperia Water District

FROM:

BY:

Mike Podegracz, City Manager

Brian D. Johnson, Assistant City Manager/Management Services

Anne Duke, Deputy Finance Director

Robert Worby, Financial Analyst

SUBJECT: Warrant Run Report (City – Successor Agency – Housing Authority –

Community Development Commission – Fire – Water)

RECOMMENDED ACTION

It is recommended that the Council/Board ratify the warrant run and payroll report for the City,

Successor Agency to the Hesperia Community Redevelopment Agency, Hesperia Housing

Authority, Community Development Commission, Fire District, and Water District.

BACKGROUND

The Warrant Run totals represented below are for the period September 12, 2015 through

October 02, 2015.

Agency/District

City of Hesperia

Successor Agency

Housing Authority

Community Development Commission

Fire

Water

Totals

Accounts Payable* Payroll

$7,627,818.45 $213,421.54

0.00

20,769.55

86,552.04

4,137.94

0.00

2,450.09

2,257.49

0.00

917,987.04

86,484.36

$8,657,265.02 $304,613.48

Wires

$0.00

0.00

0.00

0.00

0.00

Totals

$7,841,239.99

0.00

23,219.64

88,809.53

4,137.94

49,391.49

1,053,862.89

$49,391.49

$9,011,269.99

* Includes debt service payments made via Automated Clearing House (ACH) electronic deposit of funds.

The wire amount for the City of Hesperia is as follows:

$47,998.01 to Bank of America for Hesperia Water Swap Interest Payment.

$1,339.98 to U.S. Bank Trust N.A. for Hesperia Water 1998 A Interest Payment.

$53.50 to U.S. Bank Trust N.A. for Hesperia Water 1998 B Interest Payment.

Page 13

City of Hesperia

WARRANT RUNS

09/12/2015 - 10/02/2015

FUND #

Accounts Payable

FUND NAME

100 GENERAL

201 MEASURE I - ARTERIAL

204 MEASURE I - RENEWAL

205 GAS TAX

207 LOCAL TRANSPORT-SB 325

251 CDBG

253 CDBG - RLF

254 AB2766 - TRANSIT

256 ENVIRONMENTAL PROGRAMS GRANT

257 NEIGHBORHOOD STABILIZATION PROG

260 DISASTER PREPARED GRANT

263 STREETS MAINTENANCE

300 DEV. IMPACT FEES - STREET

400 2004 STREETS

402 WATER RIGHTS ACQUISITION

403 2013 REFUNDING LEASE REV BONDS

502 FIRE STATION BUILDING

504 CITY WIDE STREETS - CIP

600 RANCHERO RD UNDERCROSSING

800 EMPLOYEE BENEFITS

801 TRUST/AGENCY

802 AD 91-1 AGENCY

804 TRUST-INTEREST BEARING

807 CFD 2005-1

815 PLAN REVIEW TRUST - FRONTIER

CITY

200 FIRE

160 REDEVELOP OBLIG RETIREMENT - PA1

161 REDEVELOP OBLIG RETIREMENT - PA2

162 REDEVELOP OBLIG RETIREMENT-HOUSING

173 SUCCESSOR AGENCY ADMINISTRATION

SUCCESSOR AGENCY

W/E

9/18/2015

$ 1,081,938.37

$ -

$ -

$ 439.51

$ -

$ 13,557.25

$ -

$ -

$ 3,837.08

$ 164.97

$ 101.70

$ 41,887.56

$ -

$ -

$ -

$

$

501,846.60

368,125.78

$ -

$ -

$ 145,327.48

$ 25,512.13

$ -

$ 1,625.00

$ -

$ -

$ 2,184,363.43

$ 2,280.55

$ -

$ -

$ -

$ -

$ -

370 HOUSING AUTHORITY

HOUSING AUTHORITY

170 COMMUNITY DEVELOPMENT COMMISSION

COMMUNITY DEVELOPMENT COMMISSION

$ 6.00

$ 6.00

$ 3,475.78

$ 3,475.78

700 WATER OPERATING

701 WATER CAPITAL

710 SEWER OPERATING

711 SEWER CAPITAL

WATER

ACCOUNTS PAYABLE TOTAL

$

$

$

$

$

143,113.56

-

58,012.12

6,199.60

207,325.28

$ 2,397,451.04

W/E

9/25/2015

W/E

10/2/2015

$ 97,435.61

$ -

$ -

$ -

$ -

$ 12,389.46

$ -

$ -

$ 593.25

$ 512.71

$ -

$ 3,932.71

$ -

$ -

$ 1,007,289.04

$ -

$ -

$ -

$ -

$ 134,893.79

$ 981.38

$ -

$ -

$ -

$ -

$ 1,258,027.95

$ 1,037.00

$ -

$ -

$ -

$ -

$ -

$ 5,583.63

$ 5,583.63

$ 55,885.84

$ 55,885.84

$ 91,720.30

$ -

$ -

$ -

$ -

$ 3,196.90

$ -

$ -

$ -

$ 196.40

$ 606.16

$ 5,309.72

$ 17,276.37

$ 3,725,083.47

$ -

$ -

$ -

$ -

$ -

$ 292,483.02

$ 11,856.95

$ 1,732.00

$ 35,965.78

$ -

$ -

$ 4,185,427.07

$ 820.39

$ -

$ -

$ -

$ -

$ -

$ 15,179.92

$ 15,179.92

$ 27,190.42

$ 27,190.42

$ 26,538.11

$ -

$ 469,498.19

$ -

$

$

496,036.30

1,816,570.72

$ 25,193.38

$ -

$ 189,432.08

$ -

$ 214,625.46

$ 4,443,243.26

WARRANT

$ 1,271,094.28

$ -

$ -

$ 439.51

$ -

$ 29,143.61

$ -

$ -

$ 4,430.33

$ 874.08

$ 707.86

$

$

51,129.99

17,276.37

$ 3,725,083.47

$ 1,007,289.04

$ 501,846.60

$ 368,125.78

$ -

$ -

$ 572,704.29

$ 38,350.46

$ 1,732.00

$ 37,590.78

$ -

$ -

$ 7,627,818.45

$

$ -

$ -

$ -

$ -

$

$

$

$

$

$ 194,845.05

$ -

$ 716,942.39

$ 6,199.60

$ 917,987.04

$

TOTALS

4,137.94

-

20,769.55

20,769.55

86,552.04

86,552.04

8,657,265.02

Wires

$ -

$ -

$ -

$ -

$ -

$ -

$ -

$ -

$ -

$ -

$ -

$ -

$ -

$ -

$ -

$ -

$ -

$ -

$ -

$ -

$ -

$ -

$ -

$ -

$ -

$ -

$ -

$ -

$ -

$ -

$ -

$

$

$

$

$

$ 49,391.49

$

$

$

$

-

-

-

-

-

-

-

-

49,391.49

$ 49,391.49

YEAR-TO

DATE

TOTALS *

PRIOR FY YTD

DATE

TOTALS

$ 5,991,314.86

$ -

$ 1,222.40

$ 439.51

$ 371,755.14

$ 188,681.64

$ 47,127.54

$ 40,000.00

$ 16,029.28

$ 14,353.21

$ 4,510.33

$ 446,957.95

$ 58,146.01

$

$

3,744,715.39

1,009,479.04

$ 501,846.60

$ 559,739.79

$ -

$ -

$ 2,000,810.44

$ 156,153.19

$ 8,957.24

$ 40,049.95

$ 1,257,814.05

$ -

$ 16,460,103.56

$ 1,984,344.17

$ 5,151,763.33

$ 408,673.74

$ 2,255,416.03

$ 22.48

$ 7,815,875.58

$ 46,698.37

$ 46,698.37

$ 184,160.22

$ 184,160.22

$ 5,871,068.64

$ -

$ 647,175.38

$ -

$ 626.43

$ 213,600.25

$ -

$ 40,000.00

$ 3,711.34

$ 175,270.13

$ 3,097.44

$ 317,205.29

$ 477,221.82

$ 662,045.72

$ 1,003,062.52

$ 529,573.66

$ -

$ -

$ -

$ 2,089,329.00

$ 110,874.88

$ 191.00

$ 1,705.00

$ 802,029.55

$ -

$ 12,947,788.05

$ 2,712,926.04

$ 4,926,719.14

$ 419,973.78

$ 2,288,715.47

$ -

$ 7,635,408.39

$ 229,258.81

$ 229,258.81

$ 50,359.43

$ 50,359.43

$ 1,807,844.67

$ 25,418.90

$ 836,774.02

$ 6,199.60

$ 2,676,237.19

$ 29,167,419.09

$

$

3,354,567.15

$ 93,883.02

$ 845,024.66

$ -

4,293,474.83

$ 27,869,215.55

REG. PAYROLL

City

RDA

Successor Agency

Housing Authority

Community Development Commission

Fire

Water

PAYROLL TOTAL

$ -

$ -

$ -

$ -

$ -

$ -

$ -

$ -

$ 213,421.54

$ -

$ -

$ 2,450.09

$ 2,257.49

$ -

$ 86,484.36

$ 304,613.48

$ -

$ -

$ -

$ -

$ -

$ -

$ -

$ -

$ 213,421.54

$ -

$ -

$ 2,450.09

$ 2,257.49

$ -

$ 86,484.36

$ 304,613.48

$ -

$ -

$ -

$ -

$ -

$ -

$ -

$ -

$ 1,554,486.95

$ -

$ -

$ 21,059.16

$ 20,182.30

$ -

$ 628,168.02

$ 1,617,001.80

$ -

$ -

$ 20,008.43

$ 17,818.78

$ -

$ 634,818.59

$ 2,223,896.43

$ 2,289,647.60

* The year to date totals for this Warrant Report are for the 2015-16 fiscal year starting July 1; however, the year to date totals include $592.42 issued on 06/30/15.

Page 14

DATE:

TO:

October 20, 2015

Mayor and Council Members

City Council, as Successor Agency to the Hesperia Community Redevelopment

Agency

Chair and Commissioners, Hesperia Housing Authority

Chair and Commissioners, Community Development Commission

Chair and Board Members, Hesperia Fire Protection District

Chair and Board Members, Hesperia Water District

Mike Podegracz, City Manager FROM:

BY: Brian D. Johnson, Assistant City Manager/Management Services

Anne Duke, Deputy Finance Director

Robert Worby, Financial Analyst

SUBJECT: Treasurer’s Cash Report for the period ended August 31, 2015

RECOMMENDED ACTION

It is recommended that the Council/Board accept the Treasurer’s Cash Report for the City,

Successor Agency to the Hesperia Community Redevelopment Agency, Hesperia Housing

Authority, Community Development Commission, Fire District, and Water District.

BACKGROUND

This report is presented to the City Council pursuant to Government Code Section 53646 (b) setting forth the City’s investment portfolio.

ISSUES/ANALYSIS

The Treasurer’s Cash Reports are presented on the following pages for each agency.

FISCAL IMPACT

These reports reflect cash balances as of August 31, 2015.

ALTERNATIVE(S)

Provide alternative direction to staff.

ATTACHMENT(S)

1. City of Hesperia Investment Report

2. Successor Agency to the Hesperia Community Redevelopment Agency Investment Report

3. Hesperia Housing Authority Investment Report

4. Community Development Commission Investment Report

5. Hesperia Fire Protection District Investment Report

6. Hesperia Water District Investment Report

Page 15

Page 2 of 3

Staff Report to the Mayor and City Council/Board Members

Treasurer’s Cash Report

October 20, 2015

CITY OF HESPERIA

FUND

General Fund (100 & 800)

Redevelopment Agency Admin (150)

AB27666 - Transit (254)

AB3229 Supplemental Law (255)

AD No. 91-1 (802)

Beverage Recycling Grant (256)

CFD 2005-1 (807)

City Wide-Capital Projects (504)

Community Dev Block Grant (251, 252, & 253)

Development Impact Fund (300-304)

Disaster (260)

Fire Station Building (502)

Gas Tax Fund (205)

Gas Tax Swap (206)

Local Transportation SB325 (207)

Measure I - Renewal (204)

2004 Streets Debt Serv 1993A Ref(400)

Neighborhood Stabilization Prog (257)

Public Works Street Maint (263)

Township (507)

Trust Fund (801, 803-806, & 815)

2012 Water Rights Acquisition (402)

2013 Refunding Lease Rev Bonds (403)

TOTAL CITY FUNDS

VALUE

$ 7,220,940.84

(167,130.43)

102,933.99

15,758.49

1,055,235.66

(26,860.15)

439,020.00

(129,216.92)

448,458.81

3,387,373.44

43,046.67

5,444,520.09

155,875.42

132,540.20

(1,103,646.09)

2,783,820.10

3,860,251.90

1,310,404.18

585,370.71

92,668.73

1,369,451.82

5,914.51

225,843.90

$ 27,252,575.87

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

FUND

Successor Agency Administration (173)

Redevelop Oblig Retirement - PA1 (160)

Redevelop Oblig Retirement - PA2 (161)

Redevel Oblig Retirement-Housing (162)

TOTAL SUCCESSOR AGENCY FUNDS

VALUE

$ 12.96

74,711.49

6,240.60

138,262.44

$ 219,227.49

Page 16

Page 3 of 3

Staff Report to the Mayor and City Council/Board Members

Treasurer’s Cash Report

October 20, 2015

HESPERIA HOUSING AUTHORITY

FUND

Hesperia Housing Authority Fund (370)

VVEDA Housing Authority (371)

TOTAL HOUSING AUTHORITY FUNDS

VALUE

$ 6,525,819.75

1,701,185.27

$ 8,227,005.02

COMMUNITY DEVELOPMENT COMMISSION

FUND

Community Development Commission Fund (170)

VALUE

$ (79,603.68)

FUND

Fire District Fund (200)

FIRE

VALUE

$ (126,784.44)

WATER

FUND

Water Operating (700)

Water Capital (701)

Sewer Operating (710)

$

VALUE

5,129,650.04

(13,037,328.59)

9,431,786.43

Sewer Capital (711)

TOTAL WATER FUNDS

1

3,882,783.74

$ 5,406,891.62

Page 17

Page 18

Page 19

Page 20

Page 21

Page 22

Page 23

THIS PAGE LEFT INTENTIONALLY BLANK

Page 24

City of Hesperia

STAFF REPORT

DATE:

TO:

October 20, 2015

Mayor and Council Members

Chairman and Board Members, Hesperia Water District

FROM:

BY:

Mike Podegracz, City Manager

Dale Burke, Public Works Director

SUBJECT: MDM West Contract Extension for Preventive Maintenance and Repair Services

RECOMMENDED ACTION

It is recommended that the City Council and the Board of Directors of the Hesperia Water

District authorize the City Manager to increase the not-to-exceed amount for Agreement 2010-

11-084 with MDM West from $186,750 to $221,750.

BACKGROUND

During Fiscal Year 2014-15, an amendment to Agreement 2010-11-084 was made extending the Agreement with MDM West one additional year, to expire on June 30, 2016. This funding is required to perform repair work resulting from the performance of preventive maintenance and inspections throughout the year including unexpected repairs on older units. Over the past several years, the City has experienced a dramatic decrease in trouble calls at all facilities, based on an effective preventive maintenance and repair program.

ISSUES/ANALYSIS

MDM West employs a staff with over fifty years of combined experience in commercial heating, ventilation, and air conditioning (HVAC) services and twenty years of experience in automated controls serving the greater Riverside, Los Angeles, and San Bernardino areas. This increase will provide the necessary funding to perform preventive maintenance and repair work on mechanical equipment at the following locations: City Hall, Library, Animal Control, Eagle

Plaza, Mojave Yard, 9393 Santa Fe Avenue., Hesperia Police Department, and Fire Stations

302, 303, 304 and 305.

FISCAL IMPACT

Funds have been budgeted in accounts 100-29-310-3110-7500 and 700-29-400-4080-7500 for preventive maintenance services. These accounts will fund preventative maintenance and repairs over the next year.

ALTERNATIVE(S)

1. Provide alternative direction to staff.

ATTACHMENT(S)

None

Page 25

THIS PAGE LEFT INTENTIONALLY BLANK

Page 26

City of Hesperia

STAFF REPORT

DATE:

TO:

October 20, 2015

Mayor and Council Members

FROM:

BY:

Mike Podegracz, City Manager

Scott Priester, Director of Development Services

John Leveillee, City Engineer

Cynthia Pouvaranukoah, Administrative Analyst

SUBJECT: Award a Professional Services Agreement, to Valued Engineering, Inc., to provide Professional Civil Engineering Design Services Plans, Specifications and

Estimates (PS&E) for the Willow Street Paseo Safe Route to School Project

(Construction Order Number 7123)

RECOMMENDED ACTION

It is recommended that the City Council award a Professional Services Agreement (PSA), to

Valued Engineering, Inc., to provide Professional Civil Engineering Design Services Plans,

Specifications and Estimates (PS&E) for the Willow Street Paseo Federally Route to School

Project (Construction Order Number 7123), in an amount of $74,200; approve a 10% contingency in the amount of $7,420 for a total authorized contract amount of $81,620; and authorize the City Manager to execute the contract.

BACKGROUND

Section 1404 of the Federal Safe Accountable, Flexible, Efficient Transportation Equity, A

Legacy for Users (SAFETEA-LU) Act, authorized the Safe Routes to School (SRTS) Program.

The Safe Routes to School Grant is intended to improve conditions for students to safely walk and bike to school. The Safe Routes to School Grant Program encourages partnerships among schools, local agencies and the community.

The Safe Routes to School Program awards millions nationwide to: (1) enable and encourage children to walk and bike safely to school (2) make bicycling and walking to school a safer and more appealing transportation alternative and (3) facilitate the planning, development and implementation of projects and activities that will improve safety and reduce traffic consumption and air pollution in the vicinity of schools.

Cycle 3 of the Federal Safe Routes to School (SRTS) Program awarded 139 project applications of the 332 applications submitted statewide. Each District through the District

Selection Committee Process selected their highest scored projects up to their funding target of

$66 million. In October of 2011, the City of Hesperia was notified that the Willow Street Paseo was one of the projects selected.

Tom Dodson & Associates was hired to prepare the National Environmental Policy Act (NEPA)

Level Federal Environmental documents which are required as part of a Federal project. This process was finalized and approved by Caltrans in March of 2015.

Page 27

Page 2 of 2

Staff Report to Mayor and Council Members

PSA Willow Street Paseo

October 20, 2015

The Willow Street Paseo involves the construction of a bicycle/pedestrian paseo along the north and south sides of Willow Street from Third Avenue to Eighth Avenue. The paseo will provide a safe path of travel from high density housing areas of the City to several schools which are located along Willow Street. In addition, it will provide another link to the Eighth Avenue Paseo, providing additional bicycle/pedestrian friendly routes to the Civic Center Complex. This facility follows the “complete street” concept as identified in the City’s General Plan and outlined in the

Urban Design Framework Plan.

ISSUES/ANALYSIS

The City received authorization to proceed with Preliminary Engineering in July of 2015. Staff published a Request for Proposal on August 18, 2015 to provide Professional Civil Engineering

Design Services Plans, Specifications and Estimates (PS&E) with a proposal due date of

September 22, 2015. Each proposal received was ranked and evaluated by a designated review team and the proposal with the highest evaluated score was selected as the PSA award recipient. After review of the submitted proposals, the selection team scored Valued

Engineering, Inc. as the top-ranked firm. Valued Engineering, Inc. is a small firm based out of

Upland, California, with extensive experience processing SRTS projects, infrastructure design and landscape design. Valued Engineering, Inc., has teamed up with Wilson Associates North for project surveyor, GPSI as the aerial photogrammetrist and Wilson Associates as the

Landscape Architect. Staff recommends award of the Contract to Valued Engineering, Inc., in an amount not to exceed $74,200.

FISCAL IMPACT

Funding for this project was included in the approved Fiscal Year 2015-16 Capital Improvement

Program under Construction Order No. 7129. The project will be funded by Federal Safe Routes to School (SRTS) Grant funds ($834,900), as well as Measure I Renewal ($83,188) funds to make up the City’s match.

ALTERNATIVE(S)

1. Provide alternative direction to staff.

ATTACHMENT(S)

1. Consultant Scoring Sheet.

Page 28

Consultant

Engineering Resources of

Southern California

Kimley-Horn

Wheeler & Gray, Inc.

KOA Corporation

Valued Engineering, Inc.

City of Hesperia

Request For Proposals Results

Professional Civil Engineering Design Services

Project: Willow Street Paseo Project (CO No. 7123)

Contact

John G. Egan, P. E.

Email jegan@erscinc.com

Reviewer

A

Reviewer

B

Reviewer

C

78 80 78

David W. Larson david.larson@kimley-horn.com

84 81 89

Mary K Kinsler mkinsler@wheelerandgray.com

63 75 75

Denise Martin dmartin@koacorp.com

86 93 82

Jeff Meiter jeff@valued-eng.com

92 91 94

Total

Score

236

254

213

261

277

Page 29

THIS PAGE LEFT INTENTIONALLY BLANK

Page 30

City of Hesperia

STAFF REPORT

DATE:

TO:

October 20, 2015

Mayor and Council Members, Chairman and Board Members and Hesperia

Water District

FROM:

BY:

Mike Podegracz, City Manager

Dale Burke, Public Works Director

SUBJECT: Security Services Contract Extension, Mojave Corporate and Civic Center

RECOMMENDED ACTION

It is recommended that the Mayor and Council Members and Chair and Board Members of the

Hesperia Water District authorize the City Manager to execute a three-month extension to the current Professional Services Agreement 2015-16-043 with Alltech Security Solutions in the notto-exceed amount of $99,754.

BACKGROUND

Within the approved Fiscal Year 2015-16 budget, City Council allocated funds for the purpose of contracting unarmed security services for multiple years. In previous years Mojave Corporate

Yard and the civic center have experienced theft and vandalism prompting the continuing need to contract unarmed security services. Over the past several years, unarmed security guards have reduced and/or eliminated theft and vandalism that was occurring at both locations and have established safe and secure facilities as well as providing a safe environment for our employees after normal working hours.

ISSUES/ANALYSIS

On August 14, 2014 An Extreme Security Inc. was awarded a three-year contract to provide unarmed security services at The Mojave Corporate Yard and the Civic Center which includes the Hesperia Branch Library. On July 15, 2015 An Extreme Security Inc. submitted documentation requesting contract termination on August 8, 2015 in accordance with the contract requirements. As a result of the request for contract termination the purchasing department solicited numerous vendors from the original bid solicitation to ask for pricing to be held as originally submitted on the bid documents. The purchasing department found Alltech

Security Solutions as a responsible and responsive contractor to the inquiries. On August 08,

2015 a temporary 90 day contract was issued to Alltech Security Solutions to allow the

Purchasing Department adequate time to solicit a new three-year contract. Due to time constraints it is necessary to extend the current agreement with Alltech Security Solutions an additional 90 days to complete the bidding process.

FISCAL IMPACT

Funding for the remainder of the contract is identified under the proposed budget for Fiscal Year

2015-16 in accounts 700-29-400-4070-7500 and 100-29-310-3110-7500.

Page 31

Page 2 of 2

Staff Report to the Mayor and Council Members, Chairman and Board Members and Hesperia Water

District

Security Services Contract Extension, Mojave Corporate and Civic Center

October 20, 2015

ALTERNATIVE(S)

1. Provide alternative direction to staff.

ATTACHMENT(S)

None

Page 32

City of Hesperia

STAFF REPORT

DATE:

TO:

FROM:

BY:

October 20, 2015

Mayor and Council Members

Mike Podegracz, City Manager

Nils Bentsen, Police Captain

SUBJECT: Crime Free Rental Housing Program

Second Reading and Adoption

RECOMMENDED ACTION

It is recommended the City Council adopt Ordinance No. 2015- 12, approving the Crime Free

Rental Housing Program.

BACKGROUND

On October 6, 2015, the City Council introduced and placed on first reading Ordinance No.

2015-15 establishing a Crime Free Rental Housing Program. The program is designed to address the disproportionate calls for service and crime emanating from rental properties.

During the October 6, 2015 meeting, the Council directed staff to bring back this item for second reading with the following modifications:

1. The 3 day Crime Fee Tenant Screening has been reduced to 2 business days.

2. The mandatory criminal screening has been added to the Ordinance.

3. There will be no annual fee for this program.

4. This will be a two year pilot program during which time quarterly reports will be provided to the Council. At the end of the program, a complete evaluation will be conducted to determine if performance standards have been met, and actual cost to administer the program. A report will be provide to the City Council.

5. The Crime Free Lease Addendum is included (Attachment No. 2).

ISSUES/ANALYSIS

The proposed Hesperia Crime Free Rental Housing Program was fashioned in a way to address legal issues encountered by other municipalities. The “Crime Free” approach is not new and has been employed throughout the country to varying degrees of effectiveness. Staff advertised and personally contacted owners, property managers and tenants encouraging them to attend two informational meetings about this proposed ordinance. A third meeting was held with the

California Apartment Association. The following are key components of our proposed ordinance:

Page 33

Page 2 of 3

Staff Report to the City Council

Crime Free Housing Program

October 6, 2015

1. Residential rental property will be defined as a dwelling that is occupied by person(s) other than the owner where money, services or valuables are exchanged for the ability to reside.

2. Services will be provided for owners and tenants in order to better serve our community.

This will include Crime Free classes, Crime Free screening of tenants, inspections of units, crime and incident reports to owners, a specially trained deputy and an abeyance of fines incurred by tenants that are passed on to owners. Currently fines incurred by tenants for code violations such as an unlicensed animal are passed to the owner if the tenant does not pay. If the owner is complying with the program with no violations they will be deemed to be in “Good Standing” and the fines will be held in abeyance.

3. The tenants and owners will be held accountable for their actions. This will be done through the use of administrative fines or on extreme cases by the use of nuisance abatement.

4. If the water, refuse, gas, electric or property tax bill is in a different name or sent to another address, it will be a rebuttable presumption the property is a rental property.

This proposed ordinance has been drafted paying particular attention to the successes and shortcomings of other Crime Free programs. This ordinance will be different in the following ways:

1. The annual mandatory inspection of the rental property will be far less intrusive, not require the owner’s presence and will concentrate on crime prevention and safety related issues. A detailed copy of the inspection will be provided to the owner and if the unit does not pass they will have 60 days to make corrections. If there are obvious code violations the information will be forwarded to Hesperia Code Enforcement. Other cities require an interior inspection which necessitates the presence of the owner or their representative and can disrupt the tenant.

2. The program will incorporate time and money saving ideas to support owners and tenants. Registration can be made on line or in person. We will encourage most contact and correspondence via email to ensure a prompt response and to minimize postal costs for all parties.

3. All tenants will be required to be screened through the Sheriff’s Department Crime Free program, and through a separate criminal background check. The Sheriff’s Department will provide Crime Free screening service 6 days a week. The owner or property manager will be notified, via email or by telephone, if a prospective tenant(s) have been in violation of the “Crime Free Lease Addendum” anywhere in the County in the past.

The decision to rent to a tenant will be by the owner or property owner, not the Sheriff’s

Department.

A separate criminal screening will be required, and will be the responsibility of the property managers or owners through the use of private companies. The results of the criminal screening will be kept by the property managers or owners on file, and will not need to be provided to the Sheriff’s Department.

Page 34

Page 3 of 3

Staff Report to the City Council

Crime Free Housing Program

October 6, 2015

4. The level of service and support to owners and tenants will be higher than other Crime

Free programs. Most do not provide Crime Free screening, crime reports, notification of violations, the number of law enforcement responses to their properties or a specially trained deputy to assist them.

5. The number of personnel required to administer this program will be minimal. One

Deputy Sheriff, one Sheriff’s Service Specialist and one Office Specialist.

6. All owners will be required to include the “Crime Free Lease Addendum” with each contract or lease. The owner or property manager will be required to include the addendum to all new contracts and to convert all existing contracts within one year. Most rental contracts are month to month so it will be permissible to add the addendum to existing contracts in short order..

FISCAL IMPACT

The annual cost to administer the program is estimated at $360,000. This cost includes the addition of one deputy, one Sheriff Service Specialist, one Office Specialist, one vehicle and other related costs. The cost does not reflect any revenue generated by fines.

For Fiscal Year 2015-16, the City budgeted $159,898 for this program. This cost anticipated a start-up January 1, 2016, and included all additional personnel with the exception of the deputy.

It was assumed that if the program was approved by the City Council, the deputy would not be needed until the start of Fiscal Year 2016-17. There are sufficient funds in this year’s budget to administer the program. Funding will be included in future year’s budgets to cover all operating costs.

Should the City Council approve Ordinance 2015-12, then staff recommends approval of the

Crime Free Rental Housing Program Fee Joint Resolution that establishes fees for noncompliance of the Program The final fee schedule will be presented to the City Council under a separate item at the October 20, 2015 City Council meeting.

ALTERNATIVES

1. Provide alternate direction to staff.

ATTACHMENTS

1. Crime Free Lease Addendum

2. Ordinance 2015-12

Page 35

Attachment 1

HESPERIA CRIME FREE LEASE ADDENDUM

In consideration of the execution or renewal of a rental agreement of the dwelling unit located at

_______________________________, OWNER and OCCUPANT/RESIDENT agree as follows:

1. OCCUPANT/RESIDENT, or any member of the OCCUPANT/RESIDENT’s household, or a guest or other person under the

OCCUPANT/RESIDENT’s control shall not engage in criminal activity that would violate any federal, state or local law, on or near property premises.

2. OCCUPANT/RESIDENT, any member of the OCCUPANT/RESIDENT’s household, or a guest or other person under the

OCCUPANT/RESIDENT’s control shall not engage in any act intended to facilitate criminal activity that would violate any federal, state or local law, including drug-related criminal activity, on or near property premises.

3. OCCUPANT/RESIDENT or members of the household will not permit the dwelling unit to be used for, or to facilitate criminal activity that would violate any federal, state or local law, including prostitution and drug-related criminal activity, regardless of whether the individual engaging in such activity is a member of the household or a guest.

4. OCCUPANT/RESIDENT or member of the household will not engage in the possession, manufacture, sale or distribution of illegal drugs at any location, that would violate any federal, state or local law, whether on or near property premises.

5. OCCUPANT/RESIDENT or member of the OCCUPANT/RESIDENT’s household, or a guest or other person under the

OCCUPANT/RESIDENT’s control shall not engage in acts of violence that would violate any federal, state or local law, including but not limited to, the unlawful discharge of firearms, on or near property.

6. ANY VIOLATION OF THE ABOVE PROVISIONS SHALL BE A MATERIAL VIOLATION OF THE LEASE AND GOOD CAUSE

FOR TERMINATION OF TENANCY. A single violation of any of the provisions of this addendum shall be deemed a serious violation and a material noncompliance with the lease. It is understood and agreed that a single violation shall be good cause for termination of the lease.

7. Failure to comply with this provision is considered a material non-curable breach of the lease and will result in a Three

Day Notice to Quit being served upon OCCUPANT/RESIDENT requiring that OCCUPANT/RESIDENT, every member of

OCCUPANT/RESIDENT’s household, or a guest or other person(s) under OCCUPANT/RESIDENT’s control shall vacate said premises within three days, all in accordance with California Law. California Law provides for extraordinary remedy to regain possession when illegal activity is being carried out on or near the premises with constitutes a public or private nuisance.

8. In case of conflict between the provisions of this Addendum and any other provision of the lease, the provisions of this Addendum shall govern.

9. The Lease Addendum is incorporated into the lease executed or renewed this day between OWNER (or OWNER’S

AGENT) and OCCUPANT/RESIDENT.

_________________________________________ ________________________________________

Owner/ Agent Occupant/Resident

_________________________________________ ________________________________________

Date Occupant/Resident

________________________________________

Date

Page 36

ORDINANCE NO. 2015-12

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

HESPERIA, CALIFORNIA, REQUIRING THE REGISTRATION

AND REGULATION OF HOUSING RENTAL BUSINESSES FOR

CRIME FREE RENTAL HOUSING

WHEREAS , the City of Hesperia ("City'') has experienced an increase in the occurrence of substandard maintenance, unsafe conditions, illegal activity and public nuisances in singlefamily rental and multi-family rental property, especially those owned by absentee landlords; and

WHEREAS , residential rental properties are responsible for a disproportionate share of code enforcement and law enforcement calls for service that necessitates a disproportionate expenditure of public funds for such properties; and

WHEREAS , illegal activity in the City interferes with the health, safety, quality of life, quiet enjoyment and general welfare of the individuals residing near rental property and may contribute to a decline in the value of surrounding properties; and

WHEREAS , homeowners and other residents in a given neighborhood have little to no influence on absentee landlords who operate a substandard rental property; and

WHEREAS , existing state and local laws have not sufficiently encouraged landlords, particularly absentee landlords, to take reasonable and proactive steps to abate these conditions and to ensure their premises are crime-free, safe and decent; and

WHEREAS , the City Council has determined it is necessary to implement a “Crime Free

Rental Housing Program" to alleviate these problems and improve living conditions for renters, and protect the general welfare of individuals in affected neighborhoods; and

WHEREAS , pursuant to Article XIIIB of the California Constitution, it is the intent of the

City Council to recover the costs related to the regulation of rental properties located in the City; and

WHEREAS , the rental and letting of housing is a business and it is necessary and proper to regulate such a business to ensure there is safe and decent housing for persons of all income levels; and

WHEREAS , the County Sheriff’s department has purchased Crime Free tracking software that allows the Sheriff’s Department to quickly determine if a prospective tenant has been in violation of the Crime Free program anywhere in San Bernardino County; and

WHEREAS , through the adoption of this Chapter, the City will implement a new program that is rationally related to encourage upkeep of all residential rental property for the public health, safety, and welfare of the residents of the City of Hesperia.

NOW, THEREFORE, THE CITY COUNCIL OF CITY OF HESPERIA DOES HEREBY

ORDAIN AS FOLLOWS:

01071.0001/263148.4

Page 37

SECTION 1. Chapter 8.20 “Crime Free Rental Housing Program” is hereby added to the Hesperia Municipal Code to read in its entirety as follows:

“CRIME FREE RENTAL HOUSING PROGRAM

8.20.010

Purpose and Scope

8.20.020

Definitions

8.20.030

8.20.040

8.20.050

8.20.060

8.20.070

Rebuttable Presumption

Residential Rental Property Registration

Crime Free Rental Housing Program

Inspections

Fees

8.20.080

8.20.090

8.20.100

8.20.110

Appeals

Complaint-Based Inspections

Voluntary Inspection Requests

Enforcement

8.20.120

Severability

8.20.010 – Purpose and Scope .

The purpose of this Chapter is to identify and regulate rental dwelling units in the City of Hesperia, to ensure that such units afford Tenants a safe and decent place to live, to hold Tenants and Owners accountable for their actions, and to reduce criminal activity. The City Council has determined that requiring that all rental dwelling units governed by this Chapter be registered with the City and inspected, and requiring landlords to use a Crime Free Lease Addendum in their leases, serves these legitimate governmental interests.

Nothing in this Chapter shall be construed to:

A.

Excuse, waive, limit, or modify any requirements or obligations in the Applicable Laws;

B.

Limit any right or authority of the City to investigate and abate nuisances or to enforce any provisions of the Applicable Laws or any other provision of law; or

C.

Conflict with any rights or obligations under the Fair Housing Laws or the Americans with Disabilities Act, as amended.

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D.

Otherwise prevent or waive compliance with all other Applicable

Laws or regulations.

8.20.020 – Definitions .

For the purposes of this Chapter, words and phrases used in this Chapter shall mean as they are defined in Chapter 1.04 of this Code, except as otherwise defined below.

"Applicable Laws" means and includes all federal, state and local statutes, ordinances and regulations that pertain to the condition, habitability and safety of dwelling units and residential property. This includes, but is not limited to, this Code.

"Law Enforcement Officer" means an individual(s) who is designated by

State law or by the City Manager to enforce Applicable Laws.

"Crime Free Lease Addendum" means the lease addendum described in this Chapter.

"Fair Housing Laws" means the Federal Fair Housing Act, as amended,

(42 U.S.C.

Sec. 3601 et seq.), the California Fair Housing and Employment

Act (Government Code Sec. 12900 et seq.), and the Unruh Civil Rights Act (Civil

Code Sec. 51).

"Local Property Management Company" shall mean an entity that is responsible for the day-to-day maintenance, upkeep and security of a rental property and is operated by a person who is licensed with the California

Department of Real Estate as a real estate broker.

"Local Property Manager" shall mean a person who is responsible for the day-to-day maintenance, upkeep, and security of the rental property. The local property manager may be the Owner of the property.

"Occupant" or "Tenant" means any person who occupies a Residential

Rental Property, whether as a Tenant or permittee of the Owner.

"Owner" or "Property Owner" means a single individual, partnership or joint venture or any entity that has any kind of ownership interest in a Single-

Family Residential Rental Property, Multi-Family Rental Property, or Residential

Rental Dwelling Unit (collectively, “Residential Rental Property”) whether as an individual, partner, joint venture, stock owner, or ownership interest in some other capacity or the Owner’s designee, which may include a Local Property

Management Company. If more than one person or an entity owns the subject rental property, Owner or Property Owner refers to each person or entity holding any kind of ownership interest in the property, and the Property Owners’ obligations in this Chapter are joint and several as to each Property Owner.

Owner shall also mean any person having legal title to real property, including all individuals shown as Owners on the last equalized assessment roll of the San

Bernardino County Assessor's Office, or an Owner's authorized representative.

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“Program” means the Crime Free Rental Housing Program as set forth in this Chapter.

“Single-Family Residence” means a dwelling configured for one group to live in with common areas such as a kitchen and common bathrooms on a single property.

“Multi-Family Residences” means three dwellings or more on a single property.

"Single-Family Residential Rental Property”, “Multi-Family Rental

Property”, or “Residential Rental Dwelling Unit” (collectively, “Residential Rental

Property”) means a dwelling unit, all or part of which is occupied by a person(s) other than the Owner of the unit where money, services or valuables are exchanged for the ability to reside whether this agreement is verbal or in writing.

This includes the premises on which said Residential Rental Property is situated and any common areas. The following types of dwelling units or facilities are not considered Residential Rental Property:

1.

Hotels or motels.

2.

Accommodations in any hospital, extended care facility, residential care facility and convalescent home.

3.

Mobile home parks.

4.

Business, commercial or industrial properties unless there is a dwelling structure on the property.

8.20.030 – Rebuttable Presumption .

For the purpose of this Chapter, if the water, refuse, gas, electric or property tax bill is in a different name than that of the Property Owner, or if the water, refuse, gas, electric or property tax bill is in the Owner of record's name but mailed to an address other than the property address, it shall be a rebuttable presumption that the property is Residential Rental Property. This presumption can be rebutted by the Owner of record, or by his or her designated representative, providing satisfactory documentation to the City that the property is Owner-occupied or is not being used for rental income.

8.20.040 – Residential Rental Property Registration .

A.

Registration Required. As a condition of exercising the privilege of renting or leasing a Residential Rental Property to any person and/or entity, the

Owner of the Residential Rental Property, Local Property Management Company or Local Property Manager shall register with the City by the first day of the

January immediately following the adoption of this Chapter and shall register every subsequent first day of January thereafter.

1.

Contents of Registration Form and Payment of Fees. The registration form shall be in a format determined by the City Manager from time

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to time, and shall contain the location of the Residential Rental Property, the

Owner’s name and contact information, the name of person acting on the

Owner’s behalf and his or her contact information, number of dwelling units, and any other information the City Manager deems necessary. The Owner shall pay an annual registration fee, set by resolution of the City Council, which shall cover the costs of the City’s administration and enforcement of this Chapter.

2.

Non-Transferable. Registration of a Residential Rental

Property accepted by the City pursuant to this Chapter is not transferable to a new Owner of the Residential Rental Property. Any new Owner must re-register and provide current registration information.

3.

Failure to Register. Failure to comply with or violations of this Chapter shall be considered a misdemeanor.

8.20.050 – Crime Free Rental Housing Program .

A.

Participation in the Program. Owners shall participate in the

Program by registering pursuant to Section 8.20.040. Owners who comply with the requirements of this Chapter will be considered in “good standing,” and the

City may hold in abeyance any fines levied against a Tenant for such Tenant’s unlawful activity in or around the Residential Rental Property leased by the

Tenant, and not levy such fines against the Owner. If the Owner is not in good standing, the City shall levy fines against the Tenant and the Owner jointly and severally.

B.

Crime Free Tenant Screening. The Chief of Police will maintain a

Crime Free data base. This data base shall include all Owners participating in the Program. All Owners or their designees are required to provide identifying information for all potential adult Tenants of a Residential Rental Property prior to leasing or renting. Prospective adult Tenants must be identified by a valid government-issued photo identification card. The Chief of Police will in turn determine if the potential adult Tenants have been in violation of a Crime Free agreement or rules at previous locations. The Chief of Police shall provide the

Owner or their designee notice of the determination as provided herein within two (2) business days after receipt of identifying information contemplated herein.

Upon receiving this notice, the Owner or their designee has the sole discretion to take actions that he or she determines to be legally appropriate.

C.

Crime Free Lease Addendum. The Crime Free Lease Addendum shall be in a form approved by the City Manager from time to time, and subject to approval of the City Council. The Owner of a Residential Rental Property shall include the Crime Free Lease Addendum in any lease agreement between the

Owner and Tenant. The Crime Free Lease Addendum shall be incorporated into all new or renewed rental agreements and leases executed after the effective date of this Chapter.

1.

When an Owner or their designee is notified by the Chief of

Police, or his or her designee, that a Tenant has engaged in criminal activity that

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would violate any federal, state or local law, on or near the Residential Rental

Property leased to Tenant, the Owner shall begin the eviction process against the Tenant within 10 business days of the date of such notice, and pursuant to the Crime Free Lease Addendum. The Chief of Police may require proof of the eviction process.

a.

When allowed by law the notice provided by the

Chief of Police shall provide a report or incident number, identify the offending

Tenant(s), unit number if applicable, and the specific violation(s), and shall state the date(s) and time(s) of any observed criminal activity and any resulting arrest(s), and shall further state the Owner’s obligations under this Chapter.

b.

The notice provided by the Chief of Police contemplated hereunder shall, to the extent permitted under Applicable Law and at the Chief of Police’s discretion, contain the evidence and documents used by the Chief of Police to determine whether a Tenant has engaged in criminal activity as contemplated herein. c.

The notice provided by the Chief of Police shall be in writing and sent by email with acknowledgement or certified mail, return receipt requested.

D.

Criminal Background Check. In addition to the Crime Free Tenant

Screening described above, Owners shall conduct a criminal background check for all Tenants using a commercially available service, at Owner’s cost. The

Owner shall maintain the criminal background check on file during the Tenant’s occupancy of the Residential Rental Property.

8.20.060 – Inspections .

A. Annual Inspections. All Residential Rental Property located in the

City shall be subject to an annual inspection by the City for compliance with

Applicable Laws. The specific items to be inspected will be in keeping with national standards for the Crime Free program and can be adjusted with approval of the City Manager to meet the needs of this city. The Owner or their designee will receive the results of the inspection.

B.

Notice of Inspection and Procedures.

1.

After receiving a completed registration form from an

Owner, the City will conduct an exterior inspection of the Residential Rental

Property to identify compliance with the Program and Applicable Laws.

Additionally, a subsequent inspection of the Owner’s records may be requested to ensure compliance with this Chapter.

2.

No prior notice of inspection will be made to the Owner.

An Owner does not have to be present for the inspection.

C.

Members of the City’s police department will be responsible for conducting the inspections authorized by this Chapter. However, the City may request that other City departments participate in the inspection process. The

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inspection will be from the exterior of the Residential Rental Property’s buildings and structures. It will cover items relating to crime prevention and the health and safety of the Occupants.

D.

After completion of the inspection, a written report of the inspection will be sent to the Owner. The report shall contain:

1.

An itemization of any violations of the Applicable Laws identified during the inspection;

2.

The period of time for correcting each of the identified violations;

3.

A statement of a re-inspection at the end of the period of time for correction, if applicable;

4.

The amount of the re-inspection fee and the date by which the re-inspection fee must be paid; and

5.

A statement that if the violations are not corrected within the period of time for correction the City may pursue legal action as authorized under this Code to abate such violations.

6. If no violations are found as a result of the inspection, the inspection report shall state so and City shall issue a certificate of registration to the Owner.

8.20.070 – Fees .

The City Council may establish such fees that are necessary for the administration of the regulatory program established by this Chapter. All such fees shall be set by resolution of the City Council.

8.20.080 – Appeals .

A. Any recipient of an administrative citation may contest the citation by the procedures set forth in this Code.

B. Any party to an administrative citation hearing may appeal an adverse ruling in accordance with this Code.

8.20.090 – Complaint-Based Inspections .

Nothing contained in this Chapter shall prevent or restrict the City’s authority to inspect any Residential Rental Property in response to a complaint alleging code violations or violations of Applicable Laws and to pursue all remedies permissible under Applicable Laws.

8.20.100 – Voluntary Inspection Requests .

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Nothing contained in this chapter shall be construed to prohibit a property

Owner or Occupant from voluntarily requesting an inspection pursuant to this chapter to determine whether the Residential Rental Property complies with

Applicable Laws.

8.20.110 – Enforcement .

A.

Violations Identified During Inspection. If the Owner fails to correct a violation of the Applicable Laws identified in the report of inspection within the time allowed, the City may issue an administrative citation, issue a notice of intent to abate, or may take any other action authorized by law to enforce the provisions of this Code.

B.

Failure to Pay Fees. Should an Owner fail to timely pay any fees due under the Program, the City may take appropriate action to recover the unpaid fees, including any accrued interest, penalties and personnel costs utilizing any remedies authorized by law.

C.

Violations. Owners who fail or cause to fail to cooperate with inspections required under this Chapter or fail to otherwise comply with the requirements of this Chapter may be subject to an administrative citation in accordance with this Code or any other action authorized by law to enforce the provisions of this Chapter.

D.

Strict Liability. Violations of this Chapter shall be treated as a strict liability offense regardless of intent. Any person, firm and/or corporation that violates any portion of this Chapter shall be subject to prosecution under

Applicable Law.

E.

Revenue and Taxation Code. The City may also utilize the provisions of the Revenue and Taxation Code Section 24436.5 to encourage the elimination of substandard conditions in rental housing. The City is also authorized to bring an action under the Business and Professions Code for unfair business practices.

F.

Attorneys’ Fees. In an action, administrative proceeding, or special proceeding to abate a violation of this Chapter, the prevailing party may recover Attorneys' fees pursuant to Government Code Section 38773.5.

Recovery of Attorneys' fees is limited to those individual actions or proceedings in which the City elects, at the initiation of that individual action or proceeding, to seek recovery of its own Attorneys' fees. An award of Attorneys' fees to a prevailing party shall not exceed the amount of reasonable Attorneys' fees incurred by the City in an action, administrative proceeding, or special proceeding.

8.20.120 – Severability .

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If any provision, section, paragraph, sentence or word of this Chapter is determined or declared invalid by any final court action in a court of competent jurisdiction or if the application of any provision, section, paragraph, sentence or word of this Chapter is inapplicable to a specific situation by reason of any preemptive state or federal legislation or regulation, the remaining provisions, sections, paragraphs, sentences or words of this Chapter shall remain in full force and effect.”

SECTION 2.

If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining sections, subsections, sentences, clauses, phrase, or portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.

SECTION 3.

This Ordinance shall be effective commencing on January 1, 2016.

SECTION 4.

The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of the same to be published in a manner prescribed by law.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Hesperia,

California, at a regular meeting held on this 20th day of October, 2015.

______________________________

Eric Schmidt, Mayor

ATTEST:

_____________________________

Melinda Sayre-Castro, City Clerk

APPROVED AS TO FORM

_____________________________

Eric L. Dunn, City Attorney

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THIS PAGE LEFT INTENTIONALLY BLANK

Page 50

City of Hesperia

STAFF REPORT

DATE:

TO:

October 20, 2015

Mayor and Council Members

Chair and Board Members, Hesperia Water District

Chair and Board Members, Hesperia Fire Protection District

Chair and Board Members, Hesperia Housing Authority

Chair and Board Members, Successor Agency to the Hesperia Community

Redevelopment Agency

Chair and Commissioners, Hesperia Community Development Commission

FROM:

BY:

Mike Podegracz, City Manager

Dale Burke, Public Works Director

SUBJECT: Crime Free Rental Housing Program Fee

RECOMMENDED ACTION

It is recommended that the Mayor and Council Members; Chair and Board Members, Hesperia

Water District; Chair and Board Members, Hesperia Fire Protection District; Chair and Board

Members, Hesperia Housing Authority; Chair and Board Members, Successor Agency to the

Hesperia Community Redevelopment Agency; and Chair and Commissioners, Hesperia

Community Development Commission adopt Joint Resolution No. 2015-55, Resolution No.

HWD-2015-14, Resolution No. HFPD-2015-19, Resolution No. HHA 2015-09, Resolution No.

HCDC 2015-11 and approve fees for non-compliance of the Crime Free Rental Housing (CFRH)

Program.

BACKGROUND

The City Council will consider adoption of the CFRH Program through second reading of the proposed Ordinance at the October 20, 2015 meeting. Should the item be approved, a fee schedule is recommended to cover non-compliance with the CFRH Program.

ISSUES/ANALYSIS

At the October 6, 2015 City Council meeting, the Council directed staff to include just those fees that are associated with non-compliance of the Program. Attachment No. 1 identifies in bold the recommended additions to Section 200 Police-Public Safety of the Fee Schedule to cover noncompliance including failure to use the Crime Free Lease Addendum and failure to evict.

FISCAL IMPACT

Approval of this item will add fees for non-compliance of the CFRH Program to the City Fee

Schedule (Attachment No. 3). In accordance with Council direction, fees to administer the program will not be adopted at this time, however, will be brought back for Council consideration after the program has been established for approximately two years. This will allow staff to determine the actual cost to administer and monitor the CFRH Program.

Page 51

Page 2 of 2

Staff Report to the Mayor and Council Members, Chair and Board Members, Hesperia

Water District, Chair and Board Members, Hesperia Fire Protection District, Chair and

Board Members, Hesperia Housing Authority, Chair and Board Members, Successor

Agency to the Hesperia Community Redevelopment Agency, Chair and Commissioners,

Hesperia Community Development Commission

Crime Free Rental Housing Program Fee

October 20, 2015

ALTERNATIVE(S)

1. Provide alternative direction to staff.

ATTACHMENT(S)

1. Section 200 Police-Public Safety

2. Joint Resolution No. 2015-55, Resolution No. HWD-2015-14, Resolution No. HFPD-2015-19,

Resolution No. HHA 2015-09, Resolution No. HCDC 2015-11

3. Exhibit “B” – Fee Schedule-Proposed

Page 52

Attachment “A”

SECTION 200:

Police-Public Safety

1)

Police- Public Safety

Administrative Fees

A.

Citation Sign-off

2)

3)

4)

B.

Excessive False Alarms (Police Multiple

Disturbance Response Program)

$10

1 st

= Warning; 2 nd

+ =

=

$150, 3 rd

= $500, 4 th

= $1,000, 5 th

$2,500

$50

$10

C.

Stored Vehicle Release Fee (tow fee)

D.

VIN Verification

Emergency Response

A.

Incidents involving person under the influence CRB with $1,000 max.

$10 Incident Reports

Crime Free Rental Housing

A.

B.

C.

Failure to initiate eviction process or provide proof

Failure to complete eviction

Failure to register property and pay fee

$500

$500

$350/SFR

$50/Unit-MFR

D. $250/incident

E.

Failure to use Crime Free Lease Addendum in rental or lease contracts

Failure to use criminal and Crime Free tenant screening

$250/incident

F.

G.

H.

Re-Inspection (per inspection)

Failure to make corrections after re-inspection

Providing false information

$100

$400

$500/incident

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JOINT RESOLUTION NO. 2015-055

RESOLUTION NO. HWD-2015-14

RESOLUTION NO. HFPD-2015-19

RESOLUTION NO. HCDC-2015-11

RESOLUTION NO. HHA-2015-09

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HESPERIA, CALIFORNIA, THE

BOARD OF DIRECTORS OF THE HESPERIA WATER DISTRICT, THE BOARD OF

DIRECTORS OF THE HESPERIA FIRE PROTECTION DISTRICT, THE BOARD OF

DIRECTORS OF THE HESPERIA HOUSING AUTHORITY, AND THE BOARD OF

DIRECTORS OF THE HESPERIA COMMUNITY DEVELOPMENT COMMISSION, AMENDING

JOINT RESOLUTION NO. 2015-04, RESOLUTION NO. HWD 2015-01, RESOLUTION NO.

HFPD 2015-01, RESOLUTION NO. HHA 2015-01, RESOLUTION NO. HCDC 2015-01,

AMENDING THE CITY-WIDE FEE SCHEDULE

WHEREAS, on January 20, 2015 the City of Hesperia, Hesperia Water District, Hesperia Fire

District, Hesperia Housing Authority and Hesperia Community Development Commission adopted a revised City-wide fee schedule inclusive of all City, District, and Commission fees.

WHEREAS, Pursuant to Article XIII B (Proposition 4) of the California Constitution, it is the intent of the City Council of the City of Hesperia, the Board of Directors of the Hesperia Water

District, the Board of Directors of the Hesperia Fire Protection District, the Board of Directors of the Hesperia Housing Authority, and the Board of Directors of the Hesperia Community

Development Commission to recover costs reasonably borne from fees and charges for services rendered; and

WHEREAS, Pursuant to Article XIII C and Article XIII D (Proposition 218) of the California

Constitution the fees, charges and regulatory fees are levied as an incident of the voluntary act of an individual or business and not the result of property ownership; and

WHEREAS, the City has established a new Crime Free Rental Housing Program under

Ordinance No. 2015-12, to mitigate crime associated with the rental of properties which has been shown to account for a disproportionate number of calls for service to the Police; and

WHEREAS, the City Council, on October 6, 2015, directed staff to implement said program as a

2-year Pilot Program with no registration fees, but to include in the City Fee Schedule those fees associated with non-compliance with the program; and

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF

HESPERIA, THE BOARD OF DIRECTORS OF THE HESPERIA WATER DISTRICT, THE

BOARD OF DIRECTORS OF THE HESPERIA HOUSING AUTHORITY, THE BOARD OF

DIRECTORS OF THE HESPERIA COMMUNITY DEVELOPMENT COMMISSION, AND THE

BOARD OF DIRECTORS OF THE HESPERIA FIRE PROTECTION DISTRICT AS FOLLOWS:

Section 1. In all respects, the facts as set forth in this resolution are true and correct.

Page 54

Adopt Joint Resolution 2015-055, Resolution No. HWD-2015-14, HFPD-2015-19, HHA-2015-09, HCDC-2015-11 Amending City

Fee Schedule

Section 2. The following resolutions are hereby amended, Joint Resolution No. 2015-04,

Resolution No. HWD-2015-01, Resolution No. HFPD-2015-01, Resolution No.

HHA 2015-01, Resolution No. HCDC 2015-01.

Section 3.

The schedule of fees and charges set forth in “Exhibit B”, are hereby adopted and shall be applied to the specified services. The effective date of this resolution shall be January 1, 2016.

Section 4.

Section 5.

All fees described are for each identified process and additional fees shall be required for each additional process or service required.

Interpretation of this resolution may be made by the City Manager or designee.

When there are conflicts between fees, the lower fee shall be applied.

Section 6. If any section, sub-section, sentence, clause, or word in the resolution is held to be invalid by decision of any court of competent jurisdiction or action of State legislation, such decision or legislation shall not affect the validity of the remaining portions of this resolution.

Section 7.

That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

ADOPTED AND APPROVED this 20 th day of October, 2015.

______________________________

Eric Schmidt, Mayor

ATTEST:

____________________________

Melinda Sayre-Castro

City Clerk

Page 55

Effective December 20, 2015

FEE SCHEDULE

“Exhibit B”

Agendas/Minutes SECTION 10:

Agendas and Minutes

1. Agendas and minutes are now available on line at the City’s web site (www.cityofhesperia.us). If hard copies are required, use the copying costs in Section 90 and appropriate postage.

SECTION 20:

Animal Control Fees

1) License

Animal Control Fees

A.

Unaltered Dog (1yr., 2yrs., 3yrs.)

I.

J.

K.

L.

M.

B.

C.

Altered Dog (1yr., 2yrs., 3yrs.)

Senior Citizen with Altered Dog (1yr., 2yrs., 3yrs.)

D. .

Transfer from other Jurisdiction-altered, unaltered

E.

Replacement Tag

F.

G.

Optional Cat License (1, 2, or 3 years)

Kennel License (including boarding/breeding facilities a. Less than 10 b. 11-30

H.

c. 31-60 d. 61-100 e. Over 100

Cattery License (including boarding/breeding facilities a. Less than 10 b. 11-30 c. 31-50 d. For each additional range of 10 cats

N.

O.

P.

Pet Shop License (including feed stores w/ live animals

Grooming Parlor License

Boarding Stables License (horses) less than 25 horses

Boarding Stables License (horses) more than 25 horses

Menagerie License (including petting zoos, pony rides) a. Permanent (year round) b. Temporary (seasonal)

Game Bird/Aviary License

Veterinary Clinic License

Animal Exhibit Permit (incl’d Circuses, Rodeos, Filming)

Q.

R.

Exotic Animal Permit (privately owned wild/nondomestic/exotic)

Guard Dog Permit (dogs kept in industrial areas)

$ 70, $130, $200

$13, $24, $33

$8, $14, $20

$5, $10

$3.50

$4, $6, $9

$150

$170

$190

$215

$250

$140

$160

$180

Add $40

$150/year

$145/year

$150

$250

$225

$85

$190/year

$145/year

$250 + $150 per day of event

$150/year

$50/year + licensing fees

2)

3)

S.

Re-inspection fee a. Initial re-inspection b. Second re-inspection c. Third re-inspection

Late License Penalty

A.

Unaltered Dog

B.

Altered Dog

Impound/Boarding Fees

A.

Dogs and Cats (per day)

B.

C.

D.

Fowl (per day)

Small Animals including rabbits (per day)

Large Animals (per day)

Page 56

No charge

$82

$164

$25

$10

$10

$5

$5

$15

4)

5)

6)

7)

E.

F.

G.

Quarantine of animal at Owners Residence (first occurrence, additional occurrence)

Rabies Test Head Shipment

Quarantine at Shelter (per day)

$25, $50

$65

$10

Owner Turn In Animals (at Shelter)

A.

Cats (Alive Includes boarding)

B.

C.

Cats DOA

Cats PTS Request

D.

E.

F.

G.

H.

I.

Dogs (Alive includes boarding)

Dogs DOA

Dogs PTS request

Litters of Kittens(4 months and under)

Litters of puppies (4 months and under)

Small livestock (under 100 lbs, including pot belly pigs) alive or

PTS request

0-50 lbs

J.

K.

51-100 lbs

Rabbits, Fowl, and Similar

Other Dead Animals

1.

Under 100 lbs.

2.

100 lbs and over

$5

$5

$15

$10

$10

$30

$20

$40

$50

$75

$5

$25

Not Accepted

Field Pick Up with Owner Release

A.

B.

C.

Dog, Cat, Rabbit and Fowl (Live or Dead)

Litters

Small Livestock (Under 100 lbs)

$25

$35

$50

$75 or CRB D.

E.

Pot Belly Pig or Swine

After Hours Pickup (except Swine)

F.

Large Livestock

Field Pick Up (Apprehension)

A.

Dogs

1.

2.

3.

4.

Tagged and Altered (First, Second, Third)

Tagged and Unaltered * (First, Second, Third)

Untagged and Altered (First, Second, Third)

CRB

Owner Responsibility

$0, $75, $175

$85, $150, $300

$75, $100, $300

Untagged and Unaltered * (Mand. Spay/Neuter at first) $135, $150, $200

B.

C.

5.

Cats

1.

2.

* Includes State fee of $35, $50, $100

After hours apprehension add

Altered

Unaltered, (Mandatory Spay/Neuter)

Other Animals

CRB

$10

$25

CRB

Pet Adoptions

A.

Dog (includes spay/neuter, microchip, e-collar, vaccines)

B.

C.

Cat (includes spay/neuter)

Large Livestock (hogs, cows, etc.)

D.

E.

F.

Small Livestock (Under 100 lbs)

Rabbits and Fowl

Exotic Birds

G.

H.

Horses

Pot Belly Pigs

- 2 -

Page 57

$80

$50

$150 + Cost of

Auction

$25

$3

Market Value less

25%

CRB

$15

8)

I.

Adoption Dog or Cat Spay/Neuter deposit

*Animal Rescue Group Pet Adoptions (Must have valid 501c3 on file)

A.

B.

Cat (Unaltered)

Cat (already altered upon impound)

C.

D.

E.

F.

Litter of Kittens

Dog (Unaltered)

Dog (already altered upon impound)

Litter of Puppies (3 or less)

G.

H.

I.

Litter of Puppies (4 or more)

Rabies Vaccination

Microchip

*Basic vaccinations, FVRCP, DHPP, & Bordtella, are included in the above prices.

$40

$5

$10

$20

$10

$15

$20

$40

$5

$25

9) Investigations/Other

A.

Regular Business Hours

B.

C.

D.

Overtime Hours (Two hour minimum)

Late Return of Traps (per day)

Trap rental deposit

E.

F.

Microchip w/ Registration

E-Collar

G.

H.

Cat carrier box

Cat trap rentals

I.

Leashes/used collars

10) Return to Owner (RTO) Fees

J.

K.

L.

M.

Mandatory spay/neuter Males/Females (includes E-Collar)

Male cryptorchid, or female (pregnant or in heat)

X-Rays needed (full-term pregnancy)

Blood work needed (geriatric dog- over 7 years old)

11) Vaccination Clinics

A.

Shots for rabies, bordatella, DHPP, FVRCP, etc. (per shot)

SECTION 30:

Appeals

1)

2)

3)

4)

5)

Appeals

Appeals of Enforcement Fees

Appeals of Public Nuisance Determinations, Building Code

Violations, and other HMC provisions

Appeals to Planning Commission/Land Use Determinations

Appeals to City Council or Board of Directors

Notice of Contest of Administrative Citation (Appeal Hearing Fee)

*(Adopted by Ordinance No. 2001-6)

$25

$25

$311

$324

$25

CRB

CRB

$5

$50

$25

$5

$5

$10/week

$3

$65/$75

$25 add.

$50 add.

$50 add.

$10

SECTION 40:

Bad Checks

Bad Checks Moved to Water District Section

SECTION 50: Bond Tender Processing (Per District)

Bond Tender Processing (Per District)

1) Bond Tenders of $20,000 or Less

2) Bond Tenders over $20,000

1% of bond tender amount plus $500

1% of bond tender amount plus $1,000

- 3 -

Page 58

3) Multiple Parcels, add to above (Over 3 Parcels) $100 per parcel over

3

SECTION 60:

Building Permits

1) Grading

Building Permits

A.

Condition Compliance

1.

Parcel maps

2.

Tract maps

3.

Other (with conditions)

B.

SWPPP (plan check and inspection on-site)

1.

Parcel maps

2.

Tract maps

3.

Other

C.

Pre-construction meeting

D.

Plan Review- Non Residential and Multi-Family

Residential

(Rough or Precise)

1.

Up to 10 Acres

2.

Greater than 10 Acres

3.

CASp Review - up to one acre

4.

CASp Review - 1 to 10 acres

5.

CASp Review - over 10 acres

E.

Plan Review-Subdivisions for Single Family Residential

1.

Parcel Maps (1-5 Lots)

2.

6-100 Lots

A. Rough

B. Precise

3.

101-250 Lots

A. Rough

B. Precise

4.

251 + Lots

A. Rough

B. Precise

5.

Mass Grading

6.

Stock Plan Setup (1 hr. of plan review)

7.

Stockpile (plan check and permit)

8.

CASp Review for model home complex

F.

Inspection -Single Family Residential (includes plan review)

1.

No drainage

2.

With drainage

3.

Precise Grading

2)

G.

Inspection- Non Residential and Tracts

1.

0 - 5,000 Cubic Yards

2.

5,001 - 50,000 Cubic Yards

3.

50,001 - 250,000 Cubic Yards

4.

250,000 and above

5.

Native plant plan review (added to above)

6.

Preliminary Site Plan Review (in addition to above)

Other Fees

$26

$52

$52

$184

$276

$184

$240

$414

CRB + $920 Min

$96

$192

CRB + $288 Min

$478

$ 722

$ 552

$ 998

$ 828

$1,366

$1,159

$1,274

$88

$407

$192

$225

$409

$297 + $16/lot after

7 lots

$297

$489

CRB with $632 Min

CRB with $1,132

Min

CRB with $81 Min

60

- 4 -

Page 59

A.

Permit Renewal due to expiration

B.

Notice of Pendency or Nuisance Abatement Lien placement and removal

C.

Additional plan review or inspection time (two hour min after hours)

D.

Annual Permits

E.

Cash Deposits/Bonds (grading and paving)

F.

Demolitions

G.

Certificate of Occupancy

1.

As part of an existing building permit

2.

Change of name/owner/use/etc.

3.

Temporary Certificate of Occupancy

H.

Field Investigations (pre-alteration)

I.

Fire Sprinklers

1.

Non-Residential Plan Review

2.

Non-Residential Permit

3.

Residential Plan Review

4.

Residential Permit

Light Standards/Flag Poles – Up to Three (includes J.

electrical)

K.

Look Ups (zoning, addresses, drainage, setbacks, etc.)

Within 1 year -1/2 permit fee; after 1 year full permit fee

Current S.B. County

Rate

CRB

$269

$104 + CRB

$173

N/C

$134

$111

CRB with $182 min.

$150 + $.003 over

10,000 SF

$223 + $.012 over

10,000 SF

$104

$138

$219 + $16/ pole

CRB with $26 min.

L.

Manufactured buildings (includes plan review)

1.

Setdowns

2.

Install permanent foundation

3.

State HCD fee per section

M.

Microfilm Fee

1.

Single-Family residential and minor projects

2.

Non-residential, multiple family residential and large projects

N.

Patio Covers/Enclosures

1.

With standard plan

2.

Non-standard plan

O.

Professional report review

P.

Re-inspection Fee

Q.

Relocated Buildings

1.

Relocation fee

R.

Signs (includes plan review and inspections)

1.

Wall signs and miscellaneous

2.

Monument signs (10 ft. or less)

3.

Pole signs (more than 10 ft. high)

S.

Special Inspector Registration (single job, annual)

T.

Storage Sheds (includes plan check and inspection)

U.

Strong Motion Instrumentation Program (SMIP)

1.

Category I Construction (based upon valuation)

$570

$241

$11

$19

$52

$214

$260

CRB with $46 min.

$48

CRB with $230 min.

$204

$257

$311

$40, $100

$172

$0.50 for first $3,850 and $0.13 per

$1,000 above

$3,850

- 5 -

Page 60

3)

4)

2.

Category II Construction (based upon valuation $0.50 for first $1,786 and $0.28 per

$1,000 above

$1,786

V.

Swimming Pools and Spas (includes plan review)

1.

2.

4.

With standard plans

Without standard plans

Above ground pools and/or spas

$366

$450

$224

W.

Temporary Electrical Services

1.

Up to 5 additional poles $125 + $8/ pole

X.

Valuations – Use most recent years’ April edition of Building Standards Magazine

Y.

Voucher Use by Builders $77

Z.

Walls (first 200 lineal feet, successive 200 feet, includes plan review)

$235, $95

AA. Wireless Towers $435

BB. Windmills and Photovoltaic Systems (residential)(plan review and inspection)

1.

Residential

2.

Residential (with stock plan)

3.

Non-residential (per structure)

4.

Wind farms or solar energy plants

$242

$198

$242

CRB + $500 deposit

CRB CC. CASp Consulting

Non-Residential

A.

Building Permits $1,221 + $0.35 PSF for up to 10,000 SF and $0.17 above

10,000 SF

$452 + $0.03 PSF B.

Electrical/Plumbing/Mechanical (each)

C.

Plan review

1.

Building plan review

2.

E/P/M (each)

$503 + $.10 PSF

$261 + $.05 PSF

D.

Tenant improvements (no area added)

1. Building permit

2. Plan review

E.

CASp Review - Plan Review

1. New buildings up to 10,000 square feet

2. New buildings 10,001 to 25,000 square feet

3. New buildings over 25,000 square feet

4. Tenant Improvements - same as new buildings

$211 + $0.06 PSF

$111 + $0.04 PSF

$144

$240

CRB + $384 Min

F.

CASp Review - Inspections

Same as plan review

Residential (includes application or permit)

A.

Plan Review

1.

Minimum plan review fee (includes 30 min. plan $104 review)

2.

Garage (detached), additions (less than 1,000 sq. ft.) $127

3.

New residences and additions (includes accessory uses attached)

4.

Residences with multiple roof plans

$285 + $0.21 PSF over 1,000 SF

Add $91 each roof style

B.

Inspection

1.

Single Inspections (includes meter reset, equipment re-pit, and similar)

$106

- 6 -

Page 61

5)

2.

Two inspection (includes re-roofs, lattice patios, minor alterations and similar)

3.

Three inspection (includes patio covers and similar)

4.

Room additions without plumbing

A.

Wood floor, second story modifier (add)

5.

New residences and additions with plumbing

6.

Garage, Garage conversion

$138

$170

$409 + $0.17 PSF

$95

$824 + $0.35 PSF over 1,000 SF

$217

Construction Waste Management Plan Program (Construction and Demolition)

A.

Single Family Residential (including room additions) $55

B.

Tenant Improvements (increase in sq. footage only)

C.

Non-Residential

D.

Multi-Family Residential

E.

Projects that receive entitlement (Conditions of Approval) from City

$55

$165

$165

No fee, but must comply with 50% diversion to receive

C of O

$500 (refundable) F.

Waste Management Plan Deposit (may be charged at discretion of Building Official or designee to ensure compliance)

G.

*Please see list of exemptions for projects on included in CWMP program (Joint

Resolution No. 2014-21)

SECTION 70:

Business License

1)

2)

3)

4)

5)

Business License

Business License Fee (annual)

Renewal License (annual)

$50

$50

$25, $50 Late Fee (within 30 days, after 30 days)

Administration Fee

A.

B.

New License

Renewal License

C.

Changes to Business License (address, name, etc.)

D.

Department of Justice Review/Process

$33

$19

$19

$62

Investigation Fee (added to initial license)

A.

Junk dealer or Pawnbroker

B.

Pool and/or Billiard Halls

C.

Theaters

$100

$100

$100

D.

Massage Office

E.

Mobile Food Service

F.

Dance Halls

G.

Adult Entertainment Business

H.

Home Occupations (includes Admin. Fee)

$46

$100

$200

$129, $88

SECTION 80:

Code Enforcement

1)

2)

3)

Code Enforcement

Administrative Citations – See fine schedule

Enforcement/Investigative Fees

Notice of Pendency/Lien (placement and removal)

CRB

Current SBC Rate

SECTION 90:

Copying

1) Non-Color (per page)

A.

Copy

Copying

- 7 -

Page 62

2)

3)

1.

Letter and Legal Size

2.

Ledger (11x17)

3.

Plan Size (24x36)

4.

Presentation Size

(36x48)

B.

Plot

1.

Letter and Legal Size

2.

Ledger (11x17)

3.

Plan Size (24x36)

4.

Presentation Size (36x48)

Color (per page)

A.

Copy

1.

Letter and Legal Size

2.

Ledger (11x17)

B.

Plot

1.

Letter and Legal Size

2.

Ledger (11x17)

3.

Plan Size (24x36)

4.

Presentation Size (36x48)

Electronic Media

A.

Information Placed on Compact Disk or Diskette

B.

Electronic Transfer

C.

Developer Handbook / Standards

$0.25

$0.50

$7

$20

$1

$2.50

$7

$20

$1

$5

$2.50

$5

$15

$30

$15

CRB, $5 min.

$25

SECTION 100:

Development Impact Fees

Refer to Appendix A

Development Impact Fees

SECTION 110:

Driving under the influence

1) DUI Administrative Fee

Driving Under the Influence

$400.00*

* This fee shall be paid prior to release of the vehicle driven by an impaired driver and stored or impounded as a result of the arrest of such driver when conditions exist as defined in Resolution 96-96, or as may be amended

SECTION 120:

Fees not Listed

1)

Fees not Listed

Whenever a service is provided for which a specified fee has not been established, the fee shall be for full recovery of costs reasonably borne and the hourly rates established in

“Appendix C” shall be utilized.

2)

SECTION 125

The City Manager may establish fees for services not anticipated or as mandated by State or Federal law upon written recommendation of the department heads establishing the justification for the fee. Said fees shall be presented to the City Council for their approval at a public meeting prior to their effective dates.

Fats, Oils, and Grease (FOG) Program

Fats, Oils, and Grease Program

1)

2)

3)

FOG Discharge Permit

Annual Inspection-Small Producers

Annual Inspection-Large Producers

$62.50

$81.00

$275.00

- 8 -

Page 63

4)

5)

6)

SECTION 130:

Film Permits

1)

2)

3)

4)

Re-inspection Fee (each re-inspection per ½ hr)

Late application

Service overdue (greater than 30 days)

Film Permits

Permits Application

Permit Amendment

Personnel Changes (minimum deposit amount determined by all affected departments)

Student films are exempt from the application fee.

$40.50

$50

$200

$300

$250

CRB

SECTION 140:

Fire Department Fees

Refer to Appendix B

Fire Department Fees

SECTION 150 Hesperia Housing Authority and Hesperia Community Development Commission

HHA and HCDC Fees

1) Down-payment Assistance Program, Housing Rehabilitation Program,

Seller Mortgage Carryback Program and other housing programs

Subordination Fee

2) Owner Participation Agreement and Disposition and Development

Agreement Subordination Fee

3) Application Fee-Notice of Funding Availability (NOFA) for Affordable

Housing

4) Affordable Housing NOFA Underwriting

5) Credit Processing/Application

6) Annual Affordable Housing Monitoring Fee (Multi-Tenant exceeding

20 units)

7) Annual Affordable Housing Monitoring Fee (Multi-Tenant 20 units or less)

8) Affordability Covenant Monitoring Fee

9) Owner Participation Agreement and Disposition and Development

Agreement Underwriting Application

10)

11)

12)

13)

Loan Origination Fee (forgivable or non-forgivable)

SCMP Loan Processing/Underwriting/Origination Fee

OPA/DDA/Incentive Compliance Monitoring (Annual)

Late Payment Fee

$150

$300

$150

1.5% of loan amount

$40

$2,500

$1,000

$75/unit

1% of assistance provided or $1,000, whichever is greater, NTE

$2,500. $1000.000 will be due upon application.

1% of loan amount not to exceed

$1,500

2% of carry-back amount not to exceed $1,000

1% of outstanding loan balance not to exceed $1,000

5% of monthly payment upon expiration of grace period

$35 14) Loan Statement Fee/Payoff Statements/Demand Fee

- 9 -

Page 64

15) Loan Reconveyance Fee

16)

17)

18)

19)

20)

Loan Closing Fees

Administrative Processing Fee for the Sale of Property

Processing Fee for Appraisals (residential)

Processing Fee for Appraisals (commercial)

Administrative Processing Fee for new telecommunications licenses or leases

$75

Actual costs

$1,500 per parcel

$400

$700

Cost negotiated on case by case per request

$1,500 per request 21) Administrative Processing Fee for telecommunication license or lease equipment modification reviews

22) Administrative processing Fee for new revenue generating lease and licenses

$1,500

SECTION 160:

Liquor Licenses

1)

Liquor Licenses

Letter of Public Convenience $90

SECTION 170:

Miscellaneous Fees

1)

2)

Miscellaneous Fees

Correctable Citation Fee (in addition to other fines and fees)

Automation Surcharge Fee (all development applications and

3)

4) permits)

General Plan update fee (per EDU, or 1.5 multiple dwelling units)

Invoice Fee – when not making monthly payments

Park Fees SECTION 180:

Park Fees

Refer to Appendix A

SECTION 190:

Planning Fees

Planning Fees

1) Adult Entertainment Business Permit

2) Alteration of Non-Conforming Use

3) Annexation

4) Certificate of Correction

5) Conditional Use Permit

6) Conditional Use Permit for uses including alcoholic beverages

7) Development Agreement (includes density bonus, etc.)

8) Document Review (Bio Study, Cultural, Traffic, Noise, etc.)

9) Initial Study (with negative declaration)

10) Environmental Impact Report (EIR)

11) Extension of Time Request

12) General Plan Amendments

13) Landscape Plans

14) Lot Line Adjustment/Lot Merger/Access Easements/Suspension

Agreements

15) Minor Exception

16) Revised Site Plan Reviews (SPRRs) and Revised Conditional Use

Permits (CUPRs)

17) Sign Plans (each)

- 10 -

Page 65

$25

8% of fee

$47

$25

$293

$199

CRB with $1,056 min.

$91

CRB with $2,128 min.

$971

CRB with $906 min.

$68 each

CRB with $971 min.

CRB with $2,831 min.

$257

CRB with $695 min.

$257

$161

$91

CRB with $257 min.

$45

A. Site Sign Plans

18) Site Plan Review

$180

CRB with $2,128 min.

19) Special Event/Temporary Use Permit/Temporary Occupancy Permit $91

20) Specific Plan CRB with $2,831 min.

CRB with $695 min.

21) Specific Plan Amendment

22) Tentative Parcel Map

A. Residential

B. Non-Residential

23) Tentative Tract Map

$466 + $2 per lot

$648 + $2 per lot

CRB with $1,975 min., plus $2 per lot,

24)

25)

26)

Variance

Zone Change

Zoning Letter

27) Other Services

A.

ABC and Public Convenience or Necessity Letters

B.

Site Review (without application)

C.

Zoning Letter

D.

Non-Specified Services

E.

Plan review addressing fee.

$971

CRB with $695 min.

$91

$45

$91

$91

CRB with $45 min.

1.

Grading

A.

Tract maps (5-100 lots)

B.

Tract maps (101- 250 lots)

$309

$412

C.

Tract maps (251 + lots)

D.

Non-residential and MFR (0-10 acres)

E.

Non-residential and MFR (10+ acres)

2.

Residences in tracts ( per 5 units in model complex)

(up to 5 floor plans)

3.

Multi-family residences (each building elevation)

$618

$412

$618

$154

$360

4.

Non-residential (each building)

A.

0-10,000 sq. ft.

B.

10,001 - 100,000 sq. ft.

C.

$100,001 sq. ft. +

D. Tenant Improvement Plan Review

5.Final Map Review

$257

$309

$360

$91

$255

F. Inspections

1. Tract architectural review (per 5 units)

2. Multi-family architectural review

3. Non-residential

A.

0-10,000 sq. ft.

B.

10,001 - 100,000 sq. ft.

C.

100,001 + sq. ft.

4. Miscellaneous (tenant improvements, additions, landscaping, etc.)

$154 ($30.80/unit)

$360

$206

$309

$360

$91

SECTION 200:

Police-Public Safety

1) Administrative Fees

A.

Police- Public Safety

Citation Sign-off $10

- 11 -

Page 66

2)

3)

4)

SECTION 201:

Engineering

1)

Engineering

Development Review Committee

A.

All Applications Except Tentative Tracts

B.

Tentative Tracts

2)

B.

Excessive False Alarms (Police Multiple Disturbance

Response Program)

C.

D.

Stored Vehicle Release Fee (tow fee)

VIN Verification

Emergency Response

A.

Incidents involving person under the influence

1 st

= Warning; 2 nd

=

$150, 3 rd

= $500, 4

= $1,000, 5 th

+ = th

$2,500

$50

$10

CRB with $1,000 max.

$10 Incident Reports

Crime Free Rental Housing

A.

B.

C.

D.

E.

F.

Failure to initiate eviction process or provide proof

Failure to complete eviction

Failure to register property and pay fee

$500

$500

$350/SFR

$50/Unit-MFR

$250/incident Failure to use Crime Free Lease Addendum in rental or lease contracts

Failure to use criminal and Crime Free tenant screening $250/incident

Re-Inspection (per inspection) $100

G.

H.

Failure to make corrections after re-inspection

Providing false information

$400

$500/incident

Final Map Review

A.

Final Parcel Map

B. . Final Tract Map

CRB with $172 min.

CRB with $344 min.

$550

$550 + $20 per lot

3)

4)

Grading Plan Review

A.

Commercial/Industrial/Multi-Family Site

B.

Rough Grading

1.

0 to 5,000 cubic yards

2.

3.

5,001 to 100,000 cubic yards

Over 100,000 cubic yards

C.

Precise Grading

D.

Revisions to Plans (per sheet)

Plan Review for Public Improvements

A.

Streets and Drainage

B.

Water and Sewer

1.

Commercial/Industrial/Multi-Family Site

(Utility Plan)

(Includes fire hydrants, fire services, domestic water connections, sewer connections, misc. utility connections, and new line installation not requiring plan

$450 per sheet

$397

$483

CRB with $483 min.

$311 + $20 per lot

$192

CRB with $1,279 min.

$350 per sheet

& profile but on same sheet(s))

2.

New Line Installation (Plan and Profile View) $350 per sheet

3.

Fire Hydrant (Stand Alone - Not on Utility

Plan)

$129

4.

Fire Service (Stand Alone – Not on Utility

Plan)

$129

- 12 -

Page 67

5)

6)

7)

8)

9)

10)

5.

Residential Subdivisions

C.

Revisions to Plans (per sheet)

D.

Storm drain (per sheet)

E.

NPDES - on-site retention

1.

Commercial/Industrial/Non-residential

2.

Residential

Legal document Review (per document)

(Includes Irrevocable Offers of Dedication, Easements, Lot

$350 + $20 per lot

$192

$304

$334

$662

$192

Mergers and Lot Line Adjustments)

A.

Request and Processing of Vacations

Inspections

A.

Driveway Approach

$450

1.

2.

Residential (Asphalt or Concrete, Each)

Non-Residential

$86

$172

B.

Utility Cuts and Trenches

1.

2.

3.

4.

5.

Up to 18 square feet in area

O to 300 ft. in length

301 to 500 ft. in length

501 to 1,000 ft. in length

$48

$141

$172

$203

Over 1,000 ft. in length (per 100 ft. additional) $15

C.

Street and Drainage Improvements

1.

Commercial/Industrial/Multi-Family

2.

A. Initial Inspection (up to 10 hours) $860

B. Additional Inspection (6 hour deposit) $516

Tracts

D.

Water and Sewer Improvements

$860 + $43 per lot

1.

2.

3.

4.

5.

2.

F.

NPDES

New line installation (per linear foot)

On-Site Fire Hydrant (per hydrant)

Fire Service (per service – all sizes)

Sewer connection

Water connection (lateral) all sizes

(when work performed by a contractor)

E.

SWPPP (off-site)

1.

Tracts

Commercial/Industrial/ Multiple residential

1.

2.

Tracts

Commercial/Industrial/Multiple residential

Permits

A.

Construction

$1.25

$172

$172

$150

$172

$2,322 + CRB

$1,548 + CRB

$330 + CRB

$573 + CRB

$26

$26 B.

Excavation

C.

Oversize Load and Heavy Load Vehicles

1.

2.

Per trip

Annual

D.

Tree Removal

E.

Truck Parking

$16

$86

$26

$75

Other Services Not Identified

A.

Automatic Water Meter Reader

Professional Report Review

Research (per quarter hour)

$109 in addition to standard meter fees

CRB

$16

- 13 -

Page 68

SECTION 210:

Refunds/Additional Fees

1.

Refunds/Additional Fees

Added fees and refunds. Pursuant to California Government Code Sections 29373.1 and

29375.1, where additional fees are collected for completed staff work due or when a

2.

refund of deposited funds are due, when such charges or refunds are ten dollars ($10) or less, a charge or refund need not be made.

The City Manager or designee may authorize a full refund of any fee that was erroneously paid or collected.

3.

4.

5.

6.

7.

The City Manager or designee may authorize the refunding of up to eighty percent (80%) of any fee paid when a written request for withdrawal is received prior to any action being taken. Up to sixty dollars ($60) of the initial application fee may be retained.

The City Manager or designee shall not authorize the refunding of any fee except upon written application filed by the original applicant no later than one hundred eighty (180) days after the application date.

Cost Reasonably Borne (CRB) shall be charged for all projects exceeding costs for the minimum amount.

All fees shall be calculated to the nearest one-quarter (1/4) hour.

Penalty fees shall be assessed wherever required permits or licenses have not been properly obtained.

A.

First Occurrence Double Fee

B.

Second and Subsequent Occurrences Triple Fee or $500, whichever is greater

SECTION 220:

Sale of Printed Materials

Sale of Printed Material

A. Developers Handbook

B. Plans and Specifications

C. Master Plan of Drainage (3 Volumes)

$90

$50

Actual Cost

SECTION 230

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

WATER DISTRICT FEES

Water Rates

New Account Setup

Turn on/off water meter – same day regular hours

Turn on/off water meter – same day after hours

Clean and Show

Bill Suppression

Water Service Disconnect

Reconnection/Delinquency Fee

Backflow Testing

Fire Flow Test

Bad Check/Fraudulent Credit Card

Accounts turned over to Collections

See HWD Reso No.

2008-10

$25

$38

$125

$20

$19

A. All unpaid bills

B. Reg. Hrs. $36

C. After hrs. $109

Initial Test $119

Multiple Test $243

Annual Residential $65

Commercial $111

Residential $44

1

2 st nd

Offense $25

Offense $35

Balance + current admin fee

- 14 -

Page 69

12.

13.

14.

15.

16.

17.

18.

19.

20.

Broken Lock/Tampering with District Property

Change in termination/start date

Cust Side Leak Service Call

Non-Compliance Customer Service Call-Out

Meter Pull/Reset

Meter Testing

Delinquency

Construction Meter Monthly Rental Fee

Construction Meter Deposit and Set Up Charge

Lock $30

Illegal Consumption

$50-$1,000

Consumption 2 times actual usage @ highest tier

1 st

Request NC

2 nd and Subsequent

Requests $10

$12

$12 per Occurrence

3/4" Meter Pull/Reset

$45 each

1” Meter Pull/Reset

$50

CRB

1% per month of unpaid balance

$49/Month

Admin Fee $33(nonrefundable)

Deposit $950

Wrench $50

21.

22.

Obstruction Fine

Payment Extension

$50 Fee and CRB to remove obstruction

$2 per request, maximum 3 per year

23.

Re-calculate Bill $25 each occurrence

24.

Residential Water Service Installations (1” or smaller) $1,240

SECTION 240:

Waiver/Credits

Waiver/Credits

The Hesperia City Council and Board of Directors for the Hesperia Fire Protection District, Hesperia

Redevelopment Agency and Hesperia Water District have adopted the preceding fee schedule to reasonably recover costs necessary to provide various services. As such, fee waivers/credits are not usually anticipated.

However, it is understood that exceptions to the regular procedure may arise. The City Council and Board of

Directors specifically authorize the City Manager or his/her designee to approve fee waivers and/or issue credits to customers not to exceed $5,000. Furthermore, the City Manager or designee is authorized to waive fees/issue credits under the following circumstances:

- 15 -

Page 70

Failure of the District’s water system, which results in an incorrect water meter reading.

If the water delivery system becomes contaminated, fee/rate waivers are approved for all customers affected by such contamination.

For the deposit required after the first time turn-off for non-payment as long as the customer signs a statement agreeing that the deposit waiver is only offered one time and, as such, if the customer is turned off again, the customer will pay all fees and charges.

If a bank error caused a non-sufficient funds (NSF) check to be returned to the District, a waiver of the

NSF charge is approved upon submission of proof by the customer from the bank that it was at fault.

If the customer is able to provide proof that an incorrect billing has been made due to a service reduction at the customer’s property .

On April 2, 2013 the City Council approved a Development Impact Fee (DIF) reduction for single family residential permits within existing recorded subdivisions/lots. This reduction was set to occur for 18-months, and must be for a valid permit. The City Council extended this reduction on September 16, 2014, and it is now valid until April 2, 2016. The amount reduced is $2,957 in City DIF, and $2,573 in Water Facilities DIF (for ¾” meters). For larger meters please contact the Engineering division. The Hesperia Recreation and Park District has similarly modified their DIF as noted below.

The City Council and Boards of Directors retain the sole authority to waive fees/issue credits above the City

Manger’s designated amount and require that waivers must be based on cause. Prior to waiving a fee, the applicant shall specify, in writing, the nature and extent of the fee waiver request and submit it with a deposit of

$50 to the City Clerk. Public entities need not submit the $50 deposit. The deposit amount will be returned should the fees be waived. The City Clerk shall schedule the item for the next available meeting of the City

Council or Board of Directors to which the request applies. Examples for which waivers may be considered would be fees for civic events or programs and fees for facilities providing community wide services. The City

Council and/or Board of Directors shall decide based upon the merits of the request and their decision shall be final.

- 16 -

Page 71

APPENDIX A – DEVELOPMENT IMPACT FEES

Development Impact Fees (effective April 2, 2013-April 2,2016)

Development Impact Fees

1-Feb-08

Facility

Current Fees:

SFR Detached &

Attached and existing subdivisions

(per unit)

Street

Drainage

$ 9,781.00

$ 1,284.00

Fees effective

April 3, 2016

New

Tracts/Subdivisions

(per unit)

$9,781.00

$1,284.00

Multiple

Family

(per unit)

$6,259.00

$ 821.00

Hotel/Motel

(per unit)

$ 7,238.00

$ 937.00

Non-

Residential

(per sq. ft.)

$2.12

$0.28

Fire

Police

Public

Services

Total

$ 0

$ 0

$ 0

$11,065.00

$1,425.00

$ 423.00

$1,109.00

$14,022.00

$ 912.00

$ 272.00

$ 710.00

$8,974.00

$ 1,054.00

$ 313.00

$ 810.00

$10,352.00

$0.31

$0.09

$0.24

$3.04

Park Fee (effective March 5, 2013-April 2, 2016)

Current Fees Fees Effective April 3, 2016

Park Fee- Existing Tracts/SFR infill lots (per unit)

$4,115.25

$4,090.25 + $25.00 admin fee

Park Fee- New Tracts/Subdivisions (per unit)

$5,486.50

$5,461.50+ $25.00 admin fee

School Fee (effective April 5, 2013)

School Fee

Residential new construction $4.93/sq. ft.

Residential additions (if under 500 sq. ft., exempt) $3.20/ sq. ft.

Commercial/Industrial $0.51/ sq. ft.

Senior Citizen Housing Project $0.51/ sq. ft.

Assessment District 91-1 Buy-In Fees (Per Resolution No. 93-20)

Development not within Assessment District 91-1 but benefiting from improvements within the District

Street Improvements (per acre)

Sewer Improvements (per acre)

$2,587

$729

Water Improvements (per acre)

Fire Station Improvements (per acre)

$507

$730

**For current sewer and water meter rates, please contact the Engineering Division at (760) 947-1449.

- 17 -

Page 72

APPENDIX C HOURLY RATES

1.

Cost Recovery – It is the intent of the City Council to recover all costs reasonably borne.

2.

Costs Reasonably Borne. Costs reasonably borne are determined in Ordinance 107 and include the following: a.

Direct costs – Includes salaries, overtime, benefits, materials and supplies, and contract costs.

b.

Indirect costs – Includes equipment, printing, vehicles and maintenance costs.

c.

Fixed asset recovery – Includes buildings, tenant improvements, vehicles, field and office equipment.

d.

Departmental overhead – Includes management and others involved in departmental administration.

e.

General overhead – Includes City Council, City Manager, City Attorney, Finance, Administrative

Services, City Clerk, Non-Departmental (including insurance and utilities).

f.

Debt-service – Includes payments less lease receipts for City owned structures.

3.

Hourly Rates for Employees a. Community Development

1. Animal Control Officer

2. Code Enforcement Officer

3. Community Development Technician

4. Building Inspector

5. Office Assistant

6. Planner

7. Plans Examiner

8. Senior Animal Control Officer

9. Senior Planner b. Engineering

1. Administrative Analyst

2. Assistant Engineer

3. City Engineer

4. Engineering Technician

5. Senior Construction Inspector

6. Senior Engineer

7. Senior Office Assistant

$63

$77

$83

$81

$65

$91

$88

$66

$96

$70

$86

$161

$57

$86

$107

$57

- 18 -

Page 73

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Page 74

City of Hesperia

STAFF REPORT

DATE:

TO:

October 20, 2015

Mayor and Council Members

FROM:

BY:

Mike Podegracz, City Manager

Rachel Molina, Community Relations and Media Coordinator

SUBJECT: Support of Partnership with Hesperia Chamber of Commerce for Community

Visioning Project

RECOMMENDED ACTION

It is recommended that the City Council adopt Resolution No. 2015-58 to provide support and to partner with the Hesperia Chamber of Commerce on a Community Visioning project.

BACKGROUND

In February 2014, the City Council approved six goals established during the annual City

Council Goal Setting Workshop. One of the goals the City Council identified as a priority was a community visioning process. The purpose of this type of outreach is to identify a vision of what

Hesperia should be over the next 25 years.

ISSUES/ANALYSIS

In December 2014, the Hesperia Chamber of Commerce formed a committee of community leaders to begin a visioning project consisting of three phases. Phase one, dubbed “100 conversations” involved brief interviews with area leaders in business, education, and government sectors. The purpose of these conversations was to identify the collective aspirations of these community members. Data gathered during the first phase is being used for phase two of the project, which is a brief community survey. Phase three of the project is intended to be a more complex visioning process that will seek community consensus on ways to build upon Hesperia’s assets and consensus for a shared community vision for the future.

Significant emphasis will be placed on quality of life and community enhancement.

There currently exists an opportunity to partner with the Hesperia Chamber of Commerce on phase three, a robust visioning outreach campaign, thereby accomplishing the City Council’s visioning goal while avoiding duplication of efforts in the community. Partnership also allows for a more dynamic, inclusive process. The Hesperia Chamber of Commerce intends to seek the involvement of the Hesperia Unified School District and the Hesperia Recreation and Park

District for phase three of the project.

FISCAL IMPACT

If a partnership is approved by the City Council, the Hesperia Chamber of Commerce will seek the services of a consultant that will coordinate visioning outreach efforts. Information on the fees for the consultant and Memorandum of Understanding with the Hesperia Chamber of

Commerce will be brought to the City Council for consideration at a future meeting.

Page 75

Page 2 of 2

Staff Report to the City Council

Support of Partnership with Hesperia Chamber of Commerce for Community Visioning Project

October 20, 2015

ALTERNATIVE(S)

1. Provide alternative direction to staff.

ATTACHMENT(S)

1. Resolution 2015-58

Page 76

RESOLUTION NO. 2015-58

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HESPERIA,

CALIFORNIA,

WHEREAS, the City Council established community visioning as a priority; and

WHEREAS, the City Council and Hesperia Chamber of Commerce desire community input on

Hesperia’s future; and

WHEREAS, the Hesperia Chamber of Commerce has commenced phase one of their visioning project; and

WHEREAS, the Hesperia Chamber of Commerce will solicit support from the Hesperia Unified

School District and Hesperia Recreation and Park District.

NOW THEREFORE, BE IT RESOLVED BY THE CITY OF HESERIA CITY COUNCIL AS

FOLLOWS:

Section 1.

To partner with the Hesperia Chamber of Commerce for a Community Visioning

Project.

Section 2. That City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

ADOPTED AND APPROVED this day of 2015.

______________________________

Eric Schmidt, Mayor

ATTEST:

____________________________

Melinda Sayre-Castro

City Clerk

Page 77

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Page 78

City of Hesperia

STAFF REPORT

DATE:

TO:

FROM:

BY:

October 20, 2015

Mayor and Council Members

Mike Podegracz, City Manager

Scott Priester, Director of Development Services

Dave Reno, Principal Planner

SUBJECT: Tapestry Project Timeline

RECOMMENDED ACTION

It is recommended that the City Council receive and file this report concerning the tasks and timelines necessary to implement the Tapestry Specific Plan.

BACKGROUND

The Tapestry Specific Plan was considered by the Planning Commission at its August 24, 2015 and September 27, 2015, meetings. At the conclusion of the September 24 th hearing, the

Planning Commission voted 4-0 to recommend that the City Council approve the Specific Plan, as well as certify the Environmental Impact Report (EIR) and approve the three tentative maps to implement Phase 1 of the project.

The project has been forwarded to the City Council and expected to be heard on November 3,

2015. In preparation for this hearing, the City Council has requested information regarding tasks and timelines associated with implementation of the project.

ISSUES/ANALYSIS

If approved, the Specific Plan will be adopted by ordinance and serve as the regulatory document for the project. It will replace the current Rancho Las Flores Specific Plan that is in place. Approval of the Specific Plan does not automatically authorize development to proceed.

This is because appended to the Specific Plan ordinance are development requirements applicable to the entire project (Attachment 1). In addition, the attached diagram (Attachment 2) illustrates the project’s timeline from the first consultations between the City and Terra Verde, to the projected City Council hearing date. In addition, the diagram illustrates additional tasks that must be completed as the project moves forward. In brief, the diagram shows that after the City

Council’s action, it will take an estimated 36 months before development of the property will begin.

The first two requirements are approval of a Development Agreement (DA) and approval of the

Public Facilities and Financing Plan (PFFP). Both of these documents must be approved by the

City Council before any subdivision can record or development can begin.

Page 79

Page 2 of 3

Staff Report to the Mayor and Council Members

Tapestry Project Timeline

October 20, 2015

Development Agreement

Article 2.5 of the State’s Planning and Zoning Law authorizes cities to enter into development agreements with any person having a legal or equitable interest in real property for the development of the property. Government Code Section 65865.2 specifies that a Development

Agreement shall include the duration of the agreement, the permitted uses of the property, the density or intensity of the uses and provisions for reservation or dedication of land for public purposes. The Development Agreement may include conditions, terms, restrictions and requirements for subsequent discretionary actions. The agreement may provide that construction shall be commenced within the specified time, and that the project or any phase must be completed within a specified time. The agreement may also include terms and conditions relating to to financing of necessary public facilities and subsequent reimbursement over time. The obligations of the property owner must be transferable to any subsequent buyers of any portion of the property.

City staff typically negotiates the contents of the Development Agreement, along with the City

Attorney. In this case, the City Council established a financial Ad Hoc Committee (similar to the land use Ad Hoc ommittee) in December 2014, that will be involved in the development agreement formulation. A financial consultant (Fieldman, Rolapp & Associates) will assist the

City in its preparation. The Planning Commission, as well as the City Council, must hold at least one public hearing regarding the Development Agreement. The Development Agreement is a legislative act, and therefore there is no specified time for the City to take action. Because of the magnitude of the project, and uncertainty of the project’s entitlement scope, a development agreement that meets the contents of state law cannot be prepared at this time. Depending on the complexity of the agreement, the negotiations may take between six and 12 months.

Public Facilities and Financing Plan

The City Council must also adopt a Public Facilities and Financing Plan (PFFP), before development of the property may commence. The PFFP shall address all required public infrastructure, and if necessary, include subordinate agreements with the Hesperia Unified

School District and Hesperia Recreation and Park District for payment of fees or dedication of land to address the impacts of the project on school and park facilities.

The PFFP must also address all public infrastructure, including roads, expansion of transit service, storm drains, water and sewer facilities and the wastewater treatment plant. Fire stations, equipment and costs for public safety services must also be addressed. A concurrency plan is also required to specify which facilities must be developed in conjunction with a particular phase.

A team of consultants is typically required to develop a PFFP. These include an appraiser, pricing/market absorption analyst, fiscal impact analysts, a financial advisor and special tax consultants. The services of bond council and an underwriter will also be necessary at the time bonds are issued. Ultimately, the PFFP specifies that the special tax is to be placed on the affected property that will benefit from the improvements. This tax will initially be paid by the the current property owners and passed on by reapportionment to subsequent homeowners within

Tapestry. Special taxes are subject to disclosure laws to inform potential buyers and homeowners as part of any land transaction within Tapestry. Preparation of the PFFP will occur concurrently with the Development Agreement’s timeline (six to 12 months). As with the DA, the

City Council’s Financial Ad Hoc Committee will be involved in the review of the PFFP. This also

Page 80

Page 3 of 3

Staff Report to the Mayor and Council Members

Tapestry Project Timeline

October 20, 2015 includes the completion of a special election to allow the property owners to vote to assess this tax on the Tapestry property.

The diagram illustrates other possible scenarios for development of alternatives to the proposed project, including the existing Rancho Las Flores Specific Plan and other development alternatives listed in the environmental impact report. Should the Council not choose to certify the EIR and approve the project, a situation exists where the previously entitled Specific Plan may proceed subject to a refined environmental document and approval of tentative maps in conformance with that plan. In any case, a revised development agreement and financing plan would likely be requested by the developer, subject to approval by the City Council.

FISCAL IMPACT

Funding for the preparation of the development agreement and financing plan, including the consultants, appraisers and engineers, is to be provided by the developer. Some consultants will be paid an hourly basis, and others from the proceeds of the bond issuance (if this occurs).

The City Attorney and City staff will be reimbursed in a manner similar to the review and approval of the Specific Plan and EIR. Therefore, this effort will not impact the City’s budget.

ALTERNATIVE(S)

1. None

ATTACHMENT(S)

1. Development Requirements, Tapestry Specific Plan.

2. Tapestry Project Diagram.

Page 81

ATTACHMENT 1

Tapestry Specific Plan - Development Requirements

1. Development Agreement; Prior to the issuance of any permits, the City and the developer shall enter into a development agreement to address all aspects of the project’s development in accordance with state law, as well as the City of Hesperia’s General Plan, Municipal Code and the adopted Tapestry Specific Plan. Prior to development within each phase, the required water and sewer facilities shall be evaluated to account for existing and proposed development as well as any Specific Plan Amendments or density transfers approved in accordance with the Specific

Plan.

2. Public Facilities and Financing Plan; Development shall occur in conformance with an adopted

Public Facilities and Financing Plan (PFFP) to be submitted to and approved by the City prior to issuance of any permits. The PFFP shall comprehensively address all required public infrastructure, and if necessary, include agreements with the Hesperia Unified School District and the Hesperia Recreation and Park District for payment of fees or dedication of land to address the impacts of the project on school and park facilities.

3. Concurrency Plan; Prior to recordation of a tentative map for any phase, a concurrency plan shall be submitted to the City illustrating improvements outlined in the PFFP required to be constructed with that phase. The concurrency plan must be approved by the reviewing authority prior to issuance of permits for development within the associated phase.

4. Conservation Areas; The Conservation areas identified on the Tapestry Land Use Plan for preservation of endangered species habitat shall be set aside and managed as open space in accordance with the mitigation monitoring and reporting program, Habitat Management Plan and federal and state Department of Fish and Wildlife standards.

5. Serrano Heritage Preserve; The Serrano Heritage Preserve identified on the Tapestry Land Use

Plan shall be set aside and managed in accordance with state law, the final Cultural Resources

Management Plan and the Mitigation Monitoring and Reporting Program. Said mitigations shall prescribe procedures for access and reburial of any Native American remains found on the property in the course of development.

6. Senior Community; The 3,841 units planned in Phase 5 shall be restricted to senior or an active adult community for persons of at least 55 years of age.

7. Williamson Act Cancellations; Prior to development within Phase 10, the Developer shall initiate cancellation of the agricultural preserve for 585 acres within Phase 10.

8. Dam Inundation Zone; Construction of residential, commercial, or other enclosed buildings within the inundation zone below the Cedar Springs Dam is prohibited unless adequate protection from inundation effects can be demonstrated to the satisfaction of the City Engineer.

9. Street and Highway Funding and Improvements; The number of units that may be permitted at any given time shall be conditioned on the construction of the required improvements to the

Hesperia Street network including Ranchero Road, State Highway 138 or other alternative routes which are determined by the City to be needed to accommodate the increased volume of

Page 82

circulation to be generated by the development and to the construction of other required infrastructure and public or community facilities needed to support the proposed units. These required improvements shall be substantiated by the traffic impact analysis and any subsequent validations as the project is developed.

10. Validation of Traffic Impact Analysis; The Traffic Impact Analysis (TIA) shall be reviewed and validated prior to issuance of building permits for the first unit within Phase 1 and the project conditions of approval shall be adjusted accordingly. The TIA shall be revalidated for each additional 10% of the units within Phase 1 in order to prioritize and require construction of infrastructure improvements, including but not limited to, the four off-site traffic signals to be constructed along Ranchero Road (Maple Avenue, Seventh Avenue, Farmdale Avenue and

Danbury Avenue, along with the associated widening of street segments and intersections).

Prior to development within subsequent phases, the TIA shall be validated to account for existing and proposed development as well as any Specific Plan Amendments or density transfers approved in accordance with the Specific Plan.

11. Funding of off-site improvements; In addition to the foregoing, the developer shall: a. Construct off-site improvements including widening of Ranchero Road from Mariposa

Road to Seventh Avenue, and then from Danbury Avenue to I Avenue per the approved

Traffic Impact Analysis (TIA). Improvements shall include a multi-lane bridge over the

Southern California Aqueduct and expansion of the Railroad at-grade crossing.

b. Pay to the City a pro rata share to construct off-site improvements to State Highway 138 in western Summit Valley.

12. Qualified Paleontologist; Prior to issuance of grading permits, the Developer shall submit a final

Paleontological Resources Management Plan (PRMP) for the City’s approval. The developer shall also provide evidence to the City that a qualified paleontologist has been retained to observe grading activities and to salvage and catalog fossils. The paleontologist shall be present at the pre-construction meeting, shall establish procedures for paleontological resource surveillance and shall also establish procedures for temporarily halting or redirecting work to permit sampling, identification and evaluation of fossils in accordance with the approved PRMP.

13. Resource and Energy Conservation; Water conserving appliances and energy-saving devices, including solar panels, shall be installed at all residences, as well as commercial, industrial and other related structures to minimize energy and water use in the project and shall be a condition of issuance of building permits. Architectural standards shall be considered, but shall not be used to preclude the deployment of solar panels on buildings or structures within the

Tapestry Specific Plan.

14. Sewer Connection Required; All residential, commercial, and institutional uses shall connect to sewer. The Developer is responsible for the construction of a wastewater treatment plant with solids handling capacity for the project and capacity for additional projects; producing recycled water suitable for irrigation of landscaped areas. All available recycled water shall be utilized within the project to irrigate schools, parks, parkways and other landscaped areas. The last

9,371 homes built within the later phases must also be dual plumbed to permit use of recycled water in private outdoor irrigated areas. Design and operation of the wastewater treatment plant shall be coordinated with the City.

Page 83

15. Groundwater Recharge; Storm drains and detention or retention measures shall be designed to assist groundwater recharge, and to minimize impact to downstream properties. All storm water facilities shall meet National Pollution Discharge Elimination Standards (NPDES) and local standards for the treatment of storm water prior to discharge into any natural wash or any storm drain system.

16. Dedication to City for Public Facilities; All tentative maps shall provide that roads, water, sewer, storm drain facilities and associated easements shall be dedicated to the City of Hesperia.

Properties intended for police, fire, schools and other public facilities must be dedicated to the

City of Hesperia, the Hesperia Recreation and Park District or Hesperia Unified School District.

17. Erosion Control; Prior to issuance of the grading permit, the developer and all contractors shall comply with the State’s Construction General Permit for grading and shall have all Best

Management Practices (BMPs) in place. BMPs shall remain in place until all post-construction

BMPs are in place and operational and the Notice of Termination (NOT) is filed and accepted by the State.

18. Recreation Facilities; Parks, as well as pedestrian, equestrian, and bicycle trails shall be designed and developed in accordance with the Specific Plan and constructed in accordance with the concurrency plan approved by the City of Hesperia and dedicated to the City or the City’s designee.

19. Homeowners Association; A homeowners association shall be developed and maintained for the operational lifetime of the project. The association shall operate and maintain all properties, buildings, trails and other amenities in accordance with the Specific Plan.

20. Bus Stops and Turnouts; The Specific Plan shall include facilities to promote circulation efficiency, such as bus stops and turnouts. A comprehensive operational analysis shall be completed in cooperation with the Victor Valley Transit Authority to determine service capabilities and associated costs. The timing and implementation of the required transit facilities and equipment shall be included in the PFFP and said facilities shall be incorporated into the approved plans for each development phase and tentative map.

21. Trash and Waste Reduction; Transfer stations associated with waste reduction facilities and programs shall be implemented to help meet countywide and statewide waste reduction and recycling objectives. The project shall implement procedures regarding construction debris in accordance with the City’s Municipal Code, and shall utilize the City’s franchised trash company.

22. Underground Utility District; An underground utility district shall be established for the entire

Specific Plan. Installation of dry utilities shall be in accordance with the City, the Specific Plan, and utility providers.

23. Noise; All residential lots shall be attenuated against present and projected noise in accordance with the Mitigation Monitoring and Reporting Program (MMRP) and the City’s Noise Element.

24. Aggregate Resources; If necessary, the development of aggregate (natural) resources within the project shall be subject to the following conditions:

1. Plans shall be submitted to the City to be reviewed and approved in accordance with the

Surface Mining and Reclamation Act, the City’s Municipal Code and applicable California building codes.

Page 84

2. Geotechnical investigations shall be conducted and findings implemented. If necessary, the design of pits shall properly ensure the stability of slopes.

3. Water or other dust palliatives shall be applied as necessary to minimize generation of fugitive dust during mining, processing and transport.

4. The main plant access road shall be paved with asphaltic concrete within 150 feet to a public road. Other access roads within 100 feet of the main plan access road shall be surfaced with 3 to 4 inches of crushed rock.

5. Appropriate measures to control runoff from runoff onto the processing sites shall be developed to avoid rapid erosion and downstream siltation.

6. Any disturbance of native vegetation shall be minimized.

7. Following completion of construction, disturbed areas which are undeveloped shall be revegetated with indigenous or other drought resistant species.

8. Any aggregate mining shall be restricted to the development period of the project.

9. Alternative truck routes shall be designed to reduce traffic congestion on existing and planned roadways.

10. When needed, earthen berms and other visual setbacks shall be required from surrounding land uses.

25. Off-road Vehicle Use Prohibited; Recreational all-terrain vehicle use shall be prohibited throughout the project area.

26. Wood Burning Fireplaces/Open Burning; Open burning will be restricted or prohibited within the project area. Fireplaces shall not be designed to burn wood. Fireplaces using natural gas or pellet stoves are permitted.

27. State and Federal Approvals; The Developer shall obtain all necessary state and federal permits, approvals and other entitlements, where applicable, prior to each phase of the development of the project.

Page 85

August 2012

Initial meetings with City

Council and

Management

Staff

Attachment 2-Tapestry Project Diagram

November

2012

Purchase of

RLF property by

Terra Verde

October 2013

Filing of specific plan and Tentative

Map applications

November

6, 2013

EIR Notice of preparation

December

3, 2013

Public

Scoping

Meeting

July 15, 2014

Water Supply

Assessment approved by

Hesperia

Water

District

December

4, 2014 through

January

30, 2015

DEIR public review period

January 8,

2015 &

February 12,

2015

Planning

Commission

Workshops

January 12,

2015 &

January 17,

2015

Terra Verde

Public

Workshops

August 11,

2015

FEIR completed

August 14,

2015

Responses returned to commenters

Page 86

August 27,

2015 and

September

24, 2015

Planning

Commission public hearings (PC recommends approval)

November

3, 2015

City Council public hearing scheduled

Tapestry Project Actions

Going Forward

City Council Options

1) City Council approves the Project with conditions

2) City Council approves an alternative to the Project with conditions

3) City Council denies the

Project

Page 87

City Council approves the Project with conditions

City Council public hearing

City Council certifies EIR

(includes facts, findings & statement of overriding considerations)

City Council public hearing

City Council will take action to adopt the

Specific Plan

Ordinance

(includes text and maps)

City Council public hearing

City Council may approve, conditionally approve, or deny the

Tentative Tract

Maps for Phase

1

6 to 12 Months after approval

(Nov 2016)

Draft/negotiate

Development

Agreement and

Public Facilities and Financing

Plan

2-6 Months after approval of

DA/PFFP

( June 2017)

Completion of plan check and inspection agreement

6-8 Months

(Dec 2017)

Obtain regulatory permits agreements

(USFWS/ACOE/

CDFWS/

RWQCB)

Page 88

6-8 months

(June 2018)

Financing/bonding for improvements (plan check of tentative maps, construction and civil improvement plans, streets, water, sewer and public facilities)

2018

Commence construction of

Phase 1

City Council approves an Alternative to the Project with conditions

The Final EIR analyzed 7 alternatives to the proposed Project:

1)Existing Specific Plan (15,540 units) 5)Half Acre Lots (18,700 units)

2)Reduced Impact Footprint (18,614 units)

3)Reduced Density (18,998 units)

4)Reduced Impact Footprint and Density

(18,301 units)

6)Estate Density (11,000 units)

7)Refined Project (19,277

units)

Page 89

City Council approves an Alternative to the

Project with conditions

City Council public hearing

City Council certifies EIR

(includes facts, findings & statement of overriding considerations)

City Council public hearing

City Council will take action to approve, conditionally approve, or may direct staff to modify the

Specific Plan

Ordinance

(includes text and maps)

City Council public hearing

City Council may approve, conditionally approve, or deny the

Tentative Tract Maps for

Phase 1

Alternatives 1, 5 and 6 would require substantial remapping for subsequent PC review

6 to 12 Months after approval

(Nov 2016)

Draft/negotiate

Development

Agreement and

Public Facilities and Financing

Plan

2-6 Months after approval of DA/PFFP

( June 2017)

Completion of plan check and inspection agreement

Page 90

6-8 Months

(Dec 2017)

Obtain regulatory permits agreements

(USFWS/ACOE/

CDFWS/ RWQCB)

6-8 months

(June 2018)

Financing/bonding for improvements (plan check of tentative maps, construction and civil improvement plans, streets, water, sewer and public facilities)

2018

Commence construction of Phase 1

City Council denies the Project

City Council public hearing

City Council denies the Project. In addition the City Council does not certify the EIR.

Existing zoning and

Specific Plan remain valid

6 to 12 months after denial

(Nov 2016)

Draft/negotiate

Development

Agreement and

Public Facilities and Financing

Plan

Page 91

2 to 6 months after approval of DA/PFFP

(June 2017)

A revised EIR

(addendum, subsequent, or supplemental) would be prepared to address current conditions (water supply, traffic biology)

1 to 2 months

(Aug 2017)

EIR addendum, supplemental or subsequent

EIR will be circulated for public comment and approval by

City

(Aug 2017)

Future tentative maps may be approved by the

Planning

Commission, consistent with a valid public facilities and financing plan

2 months after approval of

Tentative Map

(Oct 2017)

Completion of plan check and inspection agreement

Page 92

6-8 months

(April 2018)

Regulatory permits agreements

(USFWS/ACOE/

CDFWS/

RWQCB

6-8 months

(Oct 2018)

Financing/bonding for improvements (plan check of tentative maps, construction and civil improvement plans, streets, water, sewer and public facilities)

2018

Commence construction of Phase 1

City of Hesperia

STAFF REPORT

DATE:

TO:

October 20, 2015

Chair and Board Members, Hesperia Water District

FROM: Mike Podegracz, City Manager

SUBJECT: Ad Hoc Committee – Urban Water Management Plan

RECOMMENDED ACTION

It is recommended that the Board of Directors provide direction on the establishment of an Ad

Hoc Committee regarding preparation of the Urban Water Management Plan (UWMP), and if established, appoint two Council Members to participate on the Committee.

BACKGROUND

On September 15, 2015, the Hesperia Water District Board of Directors approved an agreement with GEI Consultants to prepare the District’s 2015 UWMP for the planning period 2015-2040.

The California Water Code requires urban water suppliers within the State of California to prepare and adopt UWMP for submission to the Department of Water Resources (DWR) every five years. The plan must satisfy the requirements of the Urban Water Management Planning

Act of 1983, including amendments that have been made to the Act. The UWMP Act requires urban water suppliers servicing 3,000 or more connections, or supplying more than 3,000 acrefeet of water annually to prepare the UWMP.

ISSUES/ANALYSIS

On October 5, 2015, a project kick-off meeting was conducted with District staff and the consultant to review the content requirements for the UWMP, submission of data needs, and timing for report approval. GEI Consultants anticipate completion of a draft report by April 2016 and adoption in May or June 2016.

At the October 6, 2015 Council meeting, Council member Russ requested that the formation of an UWMP Ad-Hoc Committee be placed on an agenda for discussion and action.

FISCAL IMPACT

There are no costs associated with the formation of an UWMP Ad-Hoc Committee.

ALTERNATIVE:

Provide alternative direction to staff.

ATTACHMENTS:

None

Page 93

THIS PAGE LEFT INTENTIONALLY BLANK

Page 94

City of Hesperia

STAFF REPORT

DATE:

TO:

October 20, 2015

Mayor and Council Members

FROM: Mike Podegracz, City Manager

SUBJECT: Ad Hoc Committee – Development Impact Fee Study

RECOMMENDED ACTION

It is recommended that the City Council provide direction on the establishment of an Ad Hoc

Committee regarding preparation of the City’s Development Impact Fee Program, and if established, appoint two Council Members to participate on the Committee.

BACKGROUND

Development Impact Fee (DIF) Studies must comply with Section 66000 of the Government

Code which was enacted by the State of California in 1987. Section 66000 enables cities to establish development impact fees for the purpose of mitigating the cost of additional municipal facilities as a result of new development. Therefore, the facilities needs list can only include those facilities (and equipment) needed to serve future development in the City through the last year of the development projection.

Facilities with existing deficiencies cannot be included on the needs list unless those facilities will serve both existing and new development. The cost of those improvements must be allocated appropriately to both exiting users and new development.

The City currently has five separate components that are included in the DIF. Those are

Streets, Drainage, Fire, Police, and Public Services. Currently, the City does not collect DIF on the Fire, Police or Public Services components as part of the DIF reduction program, which will remain in effect until April 2, 2016.

ISSUES/ANALYSIS

In early September 2015, a contract was executed with David Taussig & Associates, Inc. (DTA) to perform a study of the DIF program. On October 24, 2015, a project kick-off meeting was conducted with City staff and the consultant to review the existing DIF components and fees, demographic and growth projections, and exiting planning documents. DTA is currently assembling cost and improvement information, and anticipates meeting with the City in early

November to review preliminary data.

At the October 6, 2015 Council meeting, Council member Russ requested that the formation of a DIF Ad-Hoc Committee be placed on an agenda for discussion and action.

FISCAL IMPACT

There are no costs associated with the formation of DIF Study Ad-Hoc Committee.

Page 95

Page 2 of 2

Staff Report to the Mayor and Council members

Ad Hoc Committee – Development Impact Fee Study

October 20, 2015

ALTERNATIVE:

Provide alternative direction to staff.

ATTACHMENTS:

None

Page 96

City of Hesperia

STAFF REPORT

DATE:

TO:

FROM:

BY:

October 20, 2015

Mayor and City Council Members

Mike Podegracz, City Manager

Scott Priester, Director of Development Services

Melinda Sayre-Castro, City Clerk

SUBJECT: Consideration of Establishing an Advisory Body Related to Animal Control

RECOMMENDED ACTION

It is recommended that the City Council provide direction to staff regarding establishing an advisory body related to Animal Control.

BACKGROUND

As part of the City Council’s goal of improving the operations at the Animal Shelter, the City

Council has directed staff to agendize an item exploring the formation of an advisory body relating to Animal Control. The potential role of the body could be to have decision-making authority on certain issues, and recommending authority on other issues.

ISSUES/ANALYSIS

In the recent past, there has been concern by the City Council on animal services issues brought by the public, and the desire of the Council to have a separate decision-making body

(committee and/or commission) to hear appeals of matters related to Animal Control.

Current Advisory Committee/Commission Composition

The City Council has the authority to establish various advisory committees and commissions.

Currently, the City Council has three standing committees, the City Council Advisory Committee

(CCAC), the Public Safety Advisory Committee (PSAC) and the Planning Commission (PC).

Two of those, the CCAC and the PSAC serve as an advisory resource to review research and provide recommendations on issues, programs, goals and other items as assigned by the City

Council. Each committee is comprised of (5) five members who serve voluntarily with no compensation. Both advisory committees meet quarterly (four times per year), except for special meetings held by the CCAC during the Community Development Block Grant process.

The PC is responsible for reviewing and making recommendations to the City Council regarding the General Plan, the Development Code and approving land subdivisions. The PC meets monthly and members receive a $100 stipend per meeting.

Each Council Member has one appointment to each of the committees/commission discussed above and the term of each appointee commences at appointment and ends thirty (30) days after the end of the appointing Council Member’s term. Additionally, each advisory

Page 97

Page 2 of 2

Staff Report to the Mayor and Council

Establishing an Animal Services Advisory Committee

October 20, 2015 committee/commission falls within the guidelines of the Brown Act (California Government Code

§ 54950, et seq.) and, as such, all meetings are open to the public and must be publicly noticed a minimum of 72 hours prior to the meeting.

None of the City Council’s current advisory committees/commission establishes City policy, administers City programs or directs staff on work tasks or programs.

Past Committee Programs

In 2001, a Community Enhancement Committee was created. As well as serving as an advisory body to the City Council within the parameters outlined above, this committee was also charged with serving as an appeals board for code enforcement citations which included citations issued by the City’s Animal Control division. The Community Enhancement Committee was later dissolved in 2005 due to lack of items for review. Since then, any administrative appeals of code enforcement and animal control citations are conducted through a hearing officer under contract by the City. The officer is typically a retired attorney who conducts an adjudicatory process, within the timelines of Title 1 of the Municipal Code.

An advisory body considering appeals would have to meet 10 to 12 times per year and in some circumstances within 72 hours. Items that could be considered by such a body include programs to promote adoptions including participation in special events and other items the City Council deems appropriate. The make-up of the body should also be considered; residency may not be the critical factor, instead qualifications in the animal control field should be considered.

Staff is requesting direction from the City Council on its intent. Based on the direction, staff will prepare an agenda item for a subsequent meeting.

FISCAL IMPACT

Fiscal impact is unknown at this time. There will be an undetermined indirect cost for staffing of the Committee, and potential costs for compensation of the committee if directed by the Council.

ALTERNATIVE(S)

1. Create an Animal Services Advisory Committee under the same composition and program parameters in line with current Advisory Committee bodies.

2. Create an Animal Services Advisory Committee that in addition to the composition and program parameters of current advisory committees, will act as an appeals board for certain

Animal Control actions.

3. Assign the Animal Control duties outlined by the City Council to the CCAC or PSAC, and modify the respective Committee’s authority as necessary.

4. Provide direction to staff.

ATTACHMENTS

1. None

Page 98

City of Hesperia

STAFF REPORT

DATE:

TO:

October 20, 2015

Mayor and Council Members

Chair and Board Members, Hesperia Water District

FROM:

BY:

Mike Podegracz, City Manager

Brian D. Johnson, Assistant City Manager/Management Services

SUBJECT: Appointment of Acting Director of Development Services

RECOMMENDED ACTION

It is recommended that the City Council adopt Resolution No. 2015-053 and the Board of

Directors of the Hesperia Water District adopt Resolution HWD 2015-013, approving the exception to the 180-day wait period to appoint California Public Employees’ Retirement System

(CalPERS) retired annuitant Jim Hart, as the Acting Director of Development Services.

BACKGROUND

The City of Hesperia contracts with CalPERS to provide employees with a defined benefit retirement plan. Therefore the City is governed by CalPERS law (government codes) when appointing employees who have previously retired from CalPERS (retired annuitants) to positions at the City.

Government code sections 7522.56 and 21224 allows for Public Agencies to appoint a retired annuitant to a position to perform work for a limited duration, for up to a maximum of 960 hours per fiscal year, to be paid up to the maximum hourly rate paid to employees performing similar work without any other compensation or benefits, and that must have the skill set needed to perform the retired annuitant work. Additionally, all retirees are subject to a 180-day wait period before beginning post-retirement work, unless the governing board certifies a resolution for an exception to the 180-day wait period.

The Director of Development Services position is currently filled by an employee who is scheduled to take a temporary medical leave of absence beginning in November for approximately twelve (12) weeks.

Jim Hart retired from the City of Adelanto, another CalPERS public agency, effective

June 1, 2015. Mr. Hart’s combination of experience, knowledge, education, and skills relating to the Development Services functions of a Public Agency will benefit the City of Hesperia during the absence of the Director of Development Services. Mr. Hart’s prior experience managing

Code Compliance functions in a local government agency will assist him in maintaining the City of Hesperia’s current level of services in Animal Control and Code Enforcement, as well as

Building and Safety, Planning and Engineering/CIP functions.

Page 99

Page 2 of 2

Appointment of Acting Director of Development Services

October 20, 2015

ISSUES/ANALYSIS

The City will comply with CalPERS requirements for a retired annuitant, when appointing Mr.

Hart effective November 9, 2015. Mr. Hart will be appointed to the Acting Director of

Development Services, exempt at-will position and perform the duties of the Director of

Development Services during the current employee’s absence, and not more than 960 hours in a fiscal year and paid at the hourly rate of $76.08 (Non-Represented, Salary Range 51, Level

11) without any other compensation or benefits.

Mr. Hart retired effective June 1, 2015 and therefore his 180-day wait period would be over on

November 28, 2015. The current Director of Development Services is scheduled to begin leave in the middle of November and therefore a short overlap period before the current Director of

Development Services impending leave and Mr. Hart start date is preferred in order to facilitate a smooth transition. With Mr. Hart’s appointment date as November 9, 2015, the City Council and Board of Directors must certify the attached exemption resolutions.

FISCAL IMPACT

The fiscal impact associated with appointing Mr. Hart to Acting Director of Development

Services will be funded by salary savings in the department and will be closely monitored by

Finance.

ALTERNATIVE(S)

1. The City can wait until November 28, 2015 to appoint Mr. Hart to the Acting Director of

Development Services, exempt, at-will position. This will eliminate the need to adopt the resolution. The City will still be required to comply with the CalPERS requirement to not work Mr. Hart more than 960 hours in a fiscal year, at the hourly rate of $76.08, without any other compensation of benefits.

2. Provide alternative direction to staff.

ATTACHMENT(S)

1. Resolution No. 2015-053

2. Resolution HWD 2015-13

3. Jim Hart Appointment Letter

Page 100

RESOLUTION NO. 2015-053

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HESPERIA,

CALIFORNIA, FOR AN EXCEPTION TO THE 180-DAY WAIT PERIOD

Government Code sections 7522.56 & 21224

WHEREAS, in compliance with Government Code section 7522.56 the City Council of the City of Hesperia must provide CalPERS this certification resolution when hiring a retiree before 180 days has passed since his or her retirement date; and

WHEREAS, Jim Hart, CalPERS ID#5629094074, retired from the City of Adelanto in the position of City Manager, effective June 1, 2015; and

WHEREAS, section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date, which is November 28, 2015 without this certification resolution; and

WHEREAS, section 7522.56 provides that this exception to the 180 day wait period shall not apply if the retiree accepts any retirement-related incentive; and

WHEREAS , the City Council of the City of Hesperia, the City of Hesperia and Jim Hart certify that Jim Hart has not and will not receive a Golden Handshake or any other retirement related incentive; and

WHEREAS , the City Council of the City of Hesperia hereby appoints Jim Hart as an extra help retired annuitant to perform duties of the Director of Development Services for the City of

Hesperia under Government Code section 21224 effective November 9, 2015; and

WHEREAS , the entire appointment document between Jim Hart and the City of Hesperia has been reviewed by this body and is attached herein; and

WHEREAS , no matters, issues, terms or conditions related to this employment and appointment have been or will be placed on a consent calendar; and

WHEREAS , the employment shall be limited to 960 hours per fiscal year; and

WHEREAS , the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and

WHEREAS , the maximum base salary for this position is $13,187 and the hourly equivalent is

$76.08, and the minimum base salary for this position is $10,816 and the hourly equivalent is

$62.40; and

WHEREAS , the hourly rate paid to Jim Hart will be $76.08; and

WHEREAS , Jim Hart has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate; and

Page 101

Resolution No. 2015-053

Page 2

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HESPERIA

AS FOLLOWS:

Section 1. That the recitals above are true and correct.

Section 2. That the City Council certifies the nature of the appointment of Jim Hart as described herein and detailed in the attached employment appointment document that this appointment is necessary to fill the critically needed position of Acting

Director of Development Services for the City of Hesperia by November 9, 2015 because the employee currently performing these duties will be on a medical leave of absence for approximately twelve (12) weeks.

Section 3. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.

ADOPTED AND APPROVED this 20 th day of October 2015.

______________________________

Eric Schmidt, Mayor

ATTEST:

____________________________

Melinda Sayre-Castro, City Clerk

Page 102

RESOLUTION NO. HWD 2015-13

A RESOLUTION OF THE HESPERIA WATER DISTRICT OF THE CITY OF

HESPERIA, CALIFORNIA, FOR AN EXCEPTION TO THE 180-DAY WAIT

PERIOD

Government Code sections 7522.56 & 21224

WHEREAS, in compliance with Government Code section 7522.56 the Board of Directors of the

Hesperia Water District must provide CalPERS this certification resolution when hiring a retiree before 180 days has passed since his or her retirement date; and

WHEREAS, Jim Hart, CalPERS ID#5629094074, retired from the City of Adelanto in the position of City Manager, effective June 1, 2015; and

WHEREAS, section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date, which is November 28, 2015 without this certification resolution; and

WHEREAS, section 7522.56 provides that this exception to the 180 day wait period shall not apply if the retiree accepts any retirement-related incentive; and

WHEREAS , the Board of Directors of the Hesperia Water District, the City of Hesperia and Jim

Hart certify that Jim Hart has not and will not receive a Golden Handshake or any other retirement related incentive; and

WHEREAS , the Board of Directors of the Hesperia Water District hereby appoints Jim Hart as an extra help retired annuitant to perform duties of the Director of Development Services for the

City of Hesperia under Government Code section 21224 effective November 9, 2015; and

WHEREAS , the entire appointment document between Jim Hart and the City of Hesperia has been reviewed by this body and is attached herein; and

WHEREAS , no matters, issues, terms or conditions related to this employment and appointment have been or will be placed on a consent calendar; and

WHEREAS , the employment shall be limited to 960 hours per fiscal year; and

WHEREAS , the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and

WHEREAS , the maximum base salary for this position is $13,187 and the hourly equivalent is

$76.08, and the minimum base salary for this position is $10,816 and the hourly equivalent is

$62.40; and

WHEREAS , the hourly rate paid to Jim Hart will be $76.08; and

WHEREAS , Jim Hart has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate; and

Page 103

Resolution HWD No. 2015-13

Page 2

NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE

HESPERIA WATER DISTRICT OF THE CITY OF HESPERIA AS FOLLOWS:

Section 1. That the recitals above are true and correct.

Section 2. That the Board of Directors of the Hesperia Water District certifies the nature of the appointment of Jim Hart as described herein and detailed in the attached employment appointment document that this appointment is necessary to fill the critically needed position of Director of Development Services for the City of

Hesperia by November 9, 2015 because the employee currently performing these duties will be on a temporary medical leave of absence for approximately twelve

(12) weeks.

Section 3. That the Board Secretary shall certify to the passage and adoption of this

Resolution and enter it into the book of original resolutions.

ADOPTED AND APPROVED this 20 th day of October 2015.

______________________________

Eric Schmidt, Chairman

ATTEST:

____________________________

Melinda Sayre-Castro,

Secretary to the Board

Page 104

Page 105

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