st
rd
: October 20, 2015
REGULAR MEETING
5:00 P.M.
(Closed Session)
6:30 P.M.
(Regular Meeting)
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 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.
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 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
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.
01071.0001/263148.4
Page 38
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.
01071.0001/263148.4
Page 39
“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
01071.0001/263148.4
Page 40
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
01071.0001/263148.4
Page 41
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
01071.0001/263148.4
Page 42
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 .
01071.0001/263148.4
Page 43
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 .
01071.0001/263148.4
Page 44
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
01071.0001/263148.4
Page 45
Page 46
Page 47
Page 48
Page 49
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
Page 53
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
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
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
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
THIS PAGE LEFT INTENTIONALLY BLANK
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
THIS PAGE LEFT INTENTIONALLY BLANK
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
November
2012
October 2013
November
6, 2013
December
3, 2013
July 15, 2014
December
4, 2014 through
January
30, 2015
January 8,
2015 &
February 12,
2015
January 12,
2015 &
January 17,
2015
August 11,
2015
August 14,
2015
Page 86
August 27,
2015 and
September
24, 2015
November
3, 2015
Page 87
Page 88
(18,301 units)
Page 89
Page 90
Page 91
Page 92
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