Hesperia City Council
October 4, 2022

HESPERIA CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

HOUSING AUTHORITY

COMMUNITY DEVELOPMENT COMMISSION

WATER DISTRICT
Meeting Agenda
Tuesday, October 4, 2022
Closed Session - 5:30 PM
City Council Chambers
9700 Seventh Ave., Hesperia CA, 92345
City Clerk's Office: (760) 947-1007
City Council Members
Brigit Bennington, Mayor
William J. Holland, Mayor Pro Tem
Larry Bird, Council Member
Cameron Gregg, Council Member
Rebekah Swanson, Council Member
Nils Bentsen, City Manager
Pam K. Lee, City Attorney
See page (3) for details on public meeting guidelines during the COVID-19 (Coronavirus) Pandemic
NOTE: In compliance with the Americans with Disability Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (760) 947-1007 or (760) 947-1026. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility.

Br
igit Bennington, Mayor 9700 Seventh Avenue
Bill Holland, Mayor Pro Tem Hesperia, CA 92345
Larry Bird, Council Member
Cameron Gregg, Council Member 760-947-1000
Rebekah Swanson, Council Member TD 760-947-1119
Nils Bentsen, City Manager www.cityofhesperia.us
Gateway to the High Desert
City of Hesperia
Public Access to City Council Meetings:

Ci
ty Council meetings are now open to the public within the guidelines provided by the State which may include wearing masks and socially distancing from other attendees.

Publ
ic Comments can be made in- person at City Council Meetings and/or can be submitted via telephone recording that will be played during the meeting.

Ci
ty Council meetings may be viewed live or after the event on the City’s website at www.cityofhesperia.us.

Remo
te Public Comment:

Public Comments Made By-Telephone Process
Public comments will be accepted in advance until 5:30 pm on the day of the scheduled meeting by calling and leaving a recorded message at (760) 947-1056. Comments received past 5:30 pm will not be included in the record. If you would like to comment remotely, please follow the protocols below:
• Call (760)947-1056 to leave a detailed message of your public comment.
• Identify your name and the item you wish to comment on in your message.
• C
ontact information in your voicemail is optional, but will allow staff to easily follow up with you if necessary.
• E ach public comment received by voicemail will be played by a staff member for up to three (3) minutes for Consent Calendar/New Business items and up to five (5) minutes for Public Hearing items.

Remote public comments received outside of the comment period outlined above will not be included in the record.

October 4, 2022City Council Meeting Agenda

REGULAR MEETING AGENDA

HESPERIA CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

HESPERIA HOUSING AUTHORITY

HESPERIA COMMUNITY DEVELOPMENT COMMISSION

HESPERIA WATER DISTRICT
9700 7th Avenue, Council Chambers, Hesperia, CA 92345
As a courtesy, please silence your cell phones 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.

Individuals wishing to speak during General Public Comments or on a particular numbered item must submit a speaker slip to the City Clerk with the agenda item noted. Speaker slips should be turned in prior to the public comment portion of the agenda or before an agenda item is discussed. Comments will be limited to three minutes for General Public Comments, Consent Calendar items and New Business items. Comments are limited to five minutes for Public Hearing items.

In compliance with the Brown Act, the City Council may not discuss or take action on non-agenda items or engage in question and answer sessions with the public. The City Council may ask brief questions for clarification; provide a reference to staff or other resources for factual information and direct staff to add an item to a subsequent meeting.

CLOSED SESSION - 5:30 PM
Roll Call
Mayor Brigit Bennington
Mayor Pro Tem William J. Holland
Council Member Larry Bird
Council Member Cameron Gregg
Council Member Rebekah Swanson
Conference with Real Property Negotiators – Property Negotiations Government Code Section – 54956.8

1. Negotiating Parties: City of Hesperia and Chi-Chu Chen Trust Location: APN 3039-431-01 Lift Station
Under Negotiation: Price and Terms
CALL TO ORDER - 6:30 PM
A. Invocation
B. Pledge of Allegiance to the Flag

October 4, 2022City Council Meeting Agenda
C. Roll Call
Mayor Brigit Bennington
Mayor Pro Tem William J. Holland
Council Member Larry Bird
Council Member Cameron Gregg
Council Member Rebekah Swanson
D. Agenda Revisions and Announcements by City Clerk
E. Closed Session Reports by City Attorney

ANNOUNCEMENTS/PRESENTATIONS

1. Presentation of Certificate of Recognition to the Hesperia USA HD Fútbol Club for winning a championship soccer tournament
GENERAL PUBLIC COMMENTS (For items and matters not listed on the agenda) Individuals wishing to speak during General Public Comments or on a particular numbered item are requested to submit a speaker slip to the City Clerk with the agenda item noted. Speaker slips should be turned in prior to the public comment portion of the joint agenda or before an agenda item is discussed. Comments will be limited to three minutes for General Public Comments, Consent Calendar items and New Business items. Comments are limited to five minutes for Public Hearing items.

In compliance with the Brown Act, the City Council may not discuss or take action on non-agenda items or engage in question and answer sessions with the public. The City Council may ask brief questions for clarification; provide a reference to staff or other resources for factual information and direct staff to add an item to a subsequent meeting.

JOINT CONSENT CALENDAR

1. Consideration of the Draft Minutes from the Regular Meeting held Tuesday, September 20, 2022.

Recommended Action:

It
is recommended that the City Council approve the Draft Minutes from the Regular Meeting held Tuesday, September 20, 2022.

Staff Person: Assistant City Clerk Erin Baum
Draft CC Min 2022-09-20Attachments:

2. Warrant Run Report (City - Successor Agency - Housing Authority - Community Development Commission - 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, and Water District.

October 4, 2022City Council Meeting Agenda
Staff Person: Director of Administrative Services Casey Brooksher SR Warrant Run 10-4-2022
Attachment 1 - Warrant Run
Attachments:

3. Contract Amendment with TKE Engineering, Inc for Inspection Services for the Construction of the Hesperia Park and Ride Facility
Recommended Action:

It
is recommended that the City Council authorize the City Manager to amend the agreement between the City of Hesperia and TKE Engineering, Inc (TKE) in the amount of $19,979 for a total not-to-exceed contract amount of $64,979, to include additional construction inspection services.

Staff Person: Management Analyst Jamie Carone
SR TKE Park and Ride Contract Amendment 10-4-2022Attachments:

4. Public Works Asset Management Software (Cityworks) Maintenance Agreement
Recommended Action:

It
is recommended that the City Council and Board of Directors of the Hesperia Water District (District) authorize the City Manager to enter into a three-year software license and maintenance agreement with Azteca Systems, Inc. in an amount not-to-exceed of $129,875.

Staff Person: Director of Public Works Jeremy McDonald
SR Cityworks Maintenance Agreement 10-4-2022Attachments:

5. Consideration of the Biennial Update of the City’s Statement of Economic Interests Designated Employee Filing Roster
Recommended Action:

It is recommended that the City Council and Water District Board adopt the Fair Political Practices Commission required biennial update of the City’s Statement of Economic Interest Employee Filing Roster (Conflict-of-Interest Code) for designated employees through adoption of Joint Resolution No. 2022-69 and HWD 2022-15.

Staff Person: Director of Government Services/City Clerk Melinda Sayre SR Conflict of Interest Biennial Update 10-4-2022
Joint Resolution 2022-69
Attachment 2 - Exhibit A Designated Employees Disclosure Attachment 3 - Exhibit B Conflict of Interest Disclosure Attachments:

6. Backup Solution replacement
Recommended Action:

It
is recommended that the City Council authorize the City Manager to enter into a three-year agreement with Xentegra Gov LLC in an amount not-to-exceed

October 4, 2022City Council Meeting Agenda
$143,077 to replace the City’s backup solution with current and supported technology solutions.

Staff Person: Director of Administrative Services Casey Brooksher and IT Manager Michael Assumma
SR Backup Solution Replacement 10-4-2022Attachments:

PUBLIC HEARING
Individuals wishing to comment on public hearing items must submit a speaker slip to the City Clerk with the numbered agenda item noted. Speaker slips should be turned in prior to an agenda item being taken up.

Comments will be limited to five minutes for Public Hearing items.

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. Site Plan Review SPR22-00007; Applicant: Lamar Advertising Company; APN:0357-065-05
Recommended Action:

It is recommended that the City Council adopt Resolution No. 2022-71 approving a billboard relocation agreement with Lamar Advertising to facilitate the removal of three billboard sign faces and the construction of one digital billboard display.

Staff Person: Associate Planner Edgar Gonzalez
SR Billboard Relocation Agreement 10-4-2022
Attachment 1 - Aerial Photo
Attachment 2 - General Plan Land Use Map
Attachment 3 - Site Plan
Attachment 4 - Billboard Sign
Attachment 5 - Billboard Relocation Agreement
Resolution 2022-71
Attachment 7 - Conditions of Approval
Attachments:

NEW BUSINESS

8. Consideration of Second Amendment to Current City Manager Employment Agreement, and a Successor City Manager Employment Agreement Recommended Action:

It
is recommended the City Council consider the second amendment to the Current City Manager Employment Agreement, and a Successor City Manager Employment Agreement.

Staff Person: City Attorney Pam K. Lee

October 4, 2022City Council Meeting Agenda
SR City Manager Employment Agreements 10-4-2022
Attachment 1 - Second Amendment to City Manager Employment Agreement Attachment 2 - Successor City Manager Employment Agreement Attachments:

9. Capital Improvement Projects related to traffic congestion and associated concerns
Recommended Action:

It is recommended
the City Council receive and file information on Capital Improvement Projects related to traffic congestion and associated concerns.

Staff Person: Assistant City Manager Rachel Molina
SR Capital Improvement Projects related to traffic congestion 10-4-2022Attachments:

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
I, Melinda Sayre, City Clerk of the City of Hesperia, California do hereby certify that I caused to be posted the foregoing agenda on Thursday, September 29, 2022 at 5:30 p.m. pursuant to California Government Code
§54954.2.
_____________________________
Melinda Sayre,
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.

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City of Hesperia
City of Hesperia
Meeting Minutes - Draft
City Council
Tuesday, September 20, 2022 6:30 PM

REGULAR MEETING AGENDA

HESPERIA CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

HESPERIA HOUSING AUTHORITY

HESPERIA COMMUNITY DEVELOPMENT COMMISSION

HESPERIA WATER DISTRICT
CLOSED SESSION - 5:30 PM
Roll Call

Present: 5 - Council Member Bird, Council Member Swanson, Mayor Pro Tem Holland, Council Member Gregg and Ma
yor Bennington
Conference with Real Property Negotiators – Property Negotiations - Government Code Section – 54956.8

1. Negotiating Parties: Love's Country Stores and City of Hesperia Location: APN 3039-361-01 - Under Negotiations: Price
and Terms
Personnel Matters - Performance Evaluations - Government Code Section 54957

1. City Manager Personnel Evaluation
CALL TO ORDER - 6:30 PM
A. Invocation
B. Pledge of Allegiance to the Flag
C. Roll Call

Present: 5 - Council Member Bird, Council Member Swanson, Mayor Pro Tem Holland, Council Member Gregg and Ma
yor Bennington
D. A genda Revisions and Announcements by City Clerk – None.

E. Closed Session Reports by City Attorney – There was no reportable action.

City Council Chambers
9700 Seventh Ave.

Hesperia CA, 92345
City Council Chambers
9700 Seventh Ave.

Hesperia CA, 92345

City of Hesperia
GENERAL PUBLIC COMMENTS (For items and matters not listed on the agenda) Al Vogler commented on the water line replacement project.

Daniel Krist commented on community issues.

Bob Nelson commented on community issues.
.

JOINT CONSENT CALENDAR
Item number 7 was removed from the Consent Calendar and considered separately to allow for Public Comment.

A motion was made by Holland, seconded by Gregg, that the Joint Consent Calendar, without Item number 7, be
approved. The motion carried by the following vote:

Aye: 5 - Bird, Swanson, Holland, Gregg, and Bennington
Nay: 0

1. Consideration of the Draft Minutes from the Regular Meeting held Tuesday, September 6, 2022.

Recommended Action:

It is recommended that the City Council approve the Draft Minutes from the Regular Meeting held Tuesday, September 6, 2022.

Sponsors: Assistant Cit
y Clerk Erin Baum

2. Warrant Run Report (City - Successor Agency - Housing Authority - Community Development Comm
ission - Water)
Recommended Action:

It is recommended that the Council/Board ratify the warrant run and payroll report for the City, Succes sor Agency to the Hesperia Co
mmunity Redevelopment Agency, Hesperia Housing Authority, Comm unity Developm
ent Commission, and Water District.

Sponsors: Director of Administrative Services Casey Brooksher

3. Treasurer’s Cash Report for the unaudited period ended June 30, 2022 Recommended Action:

It is recommended that the Council/Board accept the Treasurer’s Cash Report for the City, Succes sor Agency to the Hesperia Co
mmunity Redevelopment Agency, Hesperia Housing Authority, Comm unity Developm
ent Commission, and Hesperia Water District.

Sponsors: Director of Administrative Services Casey Brooksher

4. Postal/Mailroom Equipment, Software, and Maintenance Lease Recommended Action:

It is recommended that the City Council and Board Members of the Hesperia Water District authorize the
City Manager to execute an
agreement with Quadient Leasing for postal/mailroom equipment including a docum
ent folder/inserter, postage meter, software, and maintenance for a five (5) year lease agreem ent for a total not-t
o-exceed amount of $69,185 (tax included).

Sponsors: Director of Administrative Services Casey Brooksher

5. Award a Contract for Water Service Line Relocation - Phase I Recommended Action:

City of Hesperia
It is recommended that the Board of Directors of the Hesperia Water District award a Contract for the Water Service Line Relocation - Phase I project to the lowest responsive/responsible bidder, R.E.

Chaffee Construction, Inc. in the amount of $312,000; approve an additional 10% contingency in the amount of $31,200 for a total construction budget of $343,200; approve the scope of work for the project as described in the Contract Documents and Specifications; and authorize the City Manager to execute the Contract.

Sponsors: Project Construction Manager David Burkett

6. Adopt Measure I Five Year Capital Project Needs Analysis for Fiscal Years 2023/24 through 2027/28 Recommended Action:

It is recommended that the City Council adopt Resolution No. 2022-068 approving the Measu re I Five-Year Cap
ital Project Needs Analysis submittal to the San Bernardino County Trans portation Authorit
y (SBCTA) for Fiscal Years 2023/24 through 2027/28.

Sponsors: Administrative Analyst Bethany Hudson
Item 7 was considered independent of the Joint Consent Calendar to allow for Public Comment.

7. Appointment of New City Attorney
Recommended Action:

It is recommended that the Council approve Resolution No. 2022-70 appointing Deputy City Attorne y Pam Lee as City Attorne
y.

Sponsors: City Attorney Eric Dunn
Bob Nelson commented on this item.

A motion was made by Holland, seconded by Gregg, that this item be approved. The motion carried by the follow
ing vote:

Aye: 5 - Bird, Swanson, Holland, Gregg, and Bennington
Nay: 0

PUBLIC HEARING

8. PY 2021-22 Community Development Block Grant (CDBG), Consolidated Annual Performance and Evaluation Rep
ort (CAPER)
Recommended Action:

It is recommended that the City Council conduct a public hearing and upon accepting public testimony: 1) Approve the Program
Year 2021-2022 Consolidated Annual Performance Evaluation Report ("CAPER"); and 2)
Authorize the City Manager or his designee to submit the Program Year 2021-2022 CAPER to the U.S. Departm
ent of Housing and Urban Development ("HUD"), along with any public testimony and changes theret
o as directed by the City Council.

Sponsors: Economic Development Manager Victor Knight
A motion was made by Holland, seconded by Swanson, that this item be approved. The motion carried by th
e following vote:

Aye: 5 - Bird, Swanson, Holland, Gregg, and Bennington
Nay: 0

City of Hesperia

NEW BUSINESS

9. Discussion on Commercial Cannabis Tax
Recommended Action:

It is recommended that the City Council review the Commercial Cannabis Tax revenue and provide direction to staf
f.

Sponsors: Director of Administrative Services Casey Brooksher Council directed staff to place Cannabis licensing and tax program on a future agenda for consideration.

10. 2022 Emergency Operations Plan Update
Recommended Action:

It is recommended that the City Council adopt Resolution No. 2022-67 adopting the 2022 Emergency Operations Pla
n (EOP) Update and authorize staff to make future non-substantive revisions.

Sponsors: Community Relations Specialist Jennifer Colby A motion was made by Swanson, seconded by Holland, that this item be approved. The motion carried by the following vote:

Aye: 5 - Bird, Swanson, Holland, Gregg, and Bennington
Nay: 0
At this time the Mayor allowed for a member of the public to make a late Public Comment Chuck W
olf commented on the water line replacement project.

COUNCIL COMMITTEE REPORTS AND COMMENTS
Council Member Bird requested cannabis tax rate be included on a future cannabis item, thanked staff for their time and effort, thanked outgoing City Attorney Eric Dunn for his service to the City, thanked HRPD directors,, James Blocker, Kelly Gregg, and Rebecca Daugherty for Hesperia Days and the Rodeo, commented on recent Homecoming events at Sultana High School, the 9/11 remembrance ceremony at Sultana High School, recent VVTA meeting attendance, League of California Cities conference attendance, and his daughter’s birthday.

Council Member Swanson commented on enjoyment of Hesperia Days events, her attendance at Mt. View Baptist church ceremony honoring first responders, attendance at recent SBTA meeting, the 395 widening project, looking forward to the Today's Woman event where her daughter will be honored, thanked staff for their work on the EOP, thanked outgoing City Attorney Eric Dunn for his service to the City and welcomed City attorney Pam Lee.

Council Member Gregg thanked Rebecca Daugherty and James Blocker for their work bringing back the Hesperia Rodeo, and the various Hesperia Days events, extended thanks to outgoing City Attorney Eric Dunn and welcomed City Attorney Pam Lee, appointed Kelly Gregg to the City Council Advisory Committee, stressed traffic safety in the community, and thanked Sheriff's and Fire staff for their work at Hesperia Days, and City staff.

Council Member Holland commented on the success of Hesperia Days, thanked Rebecca Daugherty, Kelly Gregg, and James Blocker for bringing back the Hesperia Rodeo, Hesperia's small town feel, recent League of California Cities attendance, local control, encouraged people to go to the seasonal pumpkin patch on Mariposa Rd., thanked outgoing City Attorney Eric Dunn for his service to the City, welcomed City attorney Pam Lee to the City, and acknowledged Council member elect Allison Lee in the audience.

City of Hesperia
Mayor Bennington recognized Kelly Gregg and Allison Lee in the audience, commented on the success of various Hesperia Days events, proud of the return of the Hesperia Days Rodeo, thanked HRPD staff who made it happen, her Coffee with the Mayor event this morning, recent MDAQMD meeting, upcoming four mayors meeting at Calvary Chapel on local projects, future attendance at Today's Woman events, asked that RV street parking on streets be brought back for consideration and an update on state restrictions on Joshua Trees, working with City Attorney Eric Dunn over the years, looking forward to working with City Attorney Pam Lee, thanked staff on the EOP update, thanked Sheriff's, Fire, and Park Ranger staff,

CITY MANAGER/CITY ATTORNEY/STAFF REPORTS
The City Manager recognized Animal Services for a successful adoption event with Best Friends Animal Society, adopting out 50 animals over the weekend, and thanked outgoing City Attorney Eric Dunn for his service to the City.

Outgoing City Attorney Eric Dunn commented on his years working with the City of Hesperia.

ADJOURNMENT
The meeting was adjourned in celebration of Council Member Bird’s daughter’s birthday at 9:25 p.m. _____________________________
Erin Baum,
Assistant City Clerk

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City of Hesperia

STAFF REPORT

DATE: October 04, 2022
TO: 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 Water District

FROM: Nils Bentsen, City Manager
BY: Casey Brooksher, Director of Administrative Services Anne Duke, Deputy Finance Director
Fatima Jacobo, Accountant

SUBJECT: Warrant Run Report (City – Successor Agency – Housing Authority – Community Development Commission – 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, and Water District.

BACKGROUND

The Warrant Run totals represented below are f or th e period August 27, 2022 through September 09, 2022.

ATTACHMENT(S)

1. Warrant Runs
Agency/District Accounts Payable Payroll Wires Totals
City of Hesperia $634,671.04 $263,894.16 $0.00 $898,565.20 Successor Agency 0.00 0.00 0.00 0.00
Housing Authority 0.00 178.95 0.00 178.95
Community Development Commission 0.00 0.00 0.00 0.00
Water 1,057,582.87 113,837.07 0.00 1,171,419.94
Totals $1,692,253.91 $377,910.18 $0.00 $2,070,164.09

YEAR-TO PRIOR FY YTD

W/E W/E WARRANT DATE DATE
FUND # FUND NAME 9/2/2022 9/9/2022 TOTALS Wires TOTALS * TOTALS Accounts Payable
100 GENERAL 246,433.26$ 44, 750.54$ 291, 183.80$ -$ 7, 700,358.50$ 6, 919,989.04$ 200 HESPERIA FIRE DISTRICT -$ -$ -$ -$ -$ -$
204 MEASURE I - RENEWAL -$ -$ -$ -$ 121, 946.80$ 51, 468.47$ 207 LOCAL TRANSPORT-SB 325 -$ -$ -$ -$ 1, 146.68$ 25, 000.00$ 209 GAS TAX-RMRA -$ -$ -$ -$ -$ 67, 468.24$
210 HFPD (PERS) 4.87$ -$ 4. 87$ -$ 1, 093,204.87$ 1, 007,746.00$ 251 CDBG -$ -$ -$ -$ 26, 062.96$ 375, 152.85$
254 AB2766 - TRANSIT -$ -$ -$ -$ -$ -$
256 ENVIRONMENTAL PROGRAMS GRANT 870.10$ 38. 01$ 908. 11$ -$ 4, 464.14$ 9, 109.17$ 257 NEIGHBORHOOD STABILIZATION PROG -$ -$ -$ -$ -$ -$ 258 CDBG-CV CARES ACT -$ -$ -$ -$ -$ -$
260 DISASTER PREPARED GRANT -$ -$ -$ -$ -$ -$
262 SB 1383 LOCAL ASSISTANCE GRANT -$ 5, 000.00$ 5, 000.00$ -$ 5, 000.00$ -$ 263 STREETS MAINTENANCE 12,389.40$ 7, 849.71$ 20, 239.11$ -$ 593, 027.04$ 446, 266.56$ 300 DEV. IMPACT FEES - STREET -$ -$ -$ -$ 2, 721.18$ 32, 543.33$ 301 DEV. IMPACT FEES - STORM DRAIN -$ -$ -$ -$ 17, 460.50$ 21, 919.50$ 302 DEV. IMPACT FEES - FIRE -$ -$ -$ -$ -$ -$
303 DEV. IMPACT FEES - POLICE -$ -$ -$ -$ -$ 17, 048.00$ 304 DEV. IMPACT FEES - PUBLIC WKS. -$ -$ -$ -$ -$ -$ 306 DEV. IMPACT FEES - 2018-STREETS -$ -$ -$ -$ 454, 305.76$ 1, 901.83$ 312 DIF 2018-POLICE FACILITIES -$ -$ -$ -$ -$ 6, 888.17$ 313 DIF A-04 DRAINAGE -$ -$ -$ -$ -$ -$
396 DEVELOPMENT IMPACT -$ -$ -$ -$ -$ -$
399 FEMA-1203-DR (DISASTER) -$ -$ -$ -$ -$ -$
400 2004 STREETS -$ -$ -$ -$ -$ -$
401 CITY DEBT SERVICES -$ -$ -$ -$ -$ -$
402 WATER RIGHTS ACQUISITION -$ -$ -$ -$ -$ -$
403 2013 REFUNDING LEASE REV BONDS -$ -$ -$ -$ -$ -$ 501 CFD 91-3 BELGATE -$ -$ -$ -$ -$ -$
504 CITY WIDE STREETS - CIP -$ -$ -$ -$ 1, 448,383.25$ 66, 805.66$ 509 CITY FACILITIES CIP -$ -$ -$ -$ -$ -$
800 EMPLOYEE BENEFITS 47,047.91$ 266, 502.40$ 313, 550.31$ -$ 1, 970,654.25$ 1, 582,544.75$ 801 TRUST/AGENCY 3,432.20$ 352. 64$ 3, 784.84$ -$ 233, 240.37$ 666, 626.27$ 802 AD 91-1 AGENCY -$ -$ -$ -$ -$ -$
804 TRUST-INTEREST BEARING -$ -$ -$ -$ 26, 625.00$ 6, 283.00$ 807 CFD 2005-1 -$ -$ -$ -$ 962, 956.49$ 925, 830.82$ 808 HFPD (TRANSITION) -$ -$ -$ -$ 317, 384.59$ 369, 875.18$ 815 PLAN REVIEW TRUST - FRONTIER -$ -$ -$ -$ -$ -$ CITY 310,177.74$ 324,493.30$ 634, 671.04$ -$ 14, 978,942.38$ 12, 600,466.84$ 163 REDEVELOP OBLIG RETIREMENT-2018 -$ -$ -$ -$ 7, 740,169.98$ 7, 657,907.27$ SUCCESSOR AGENCY -$ -$ -$ -$ 7, 740,169.98$ 7, 657,907.27$ 370 HOUSING AUTHORITY -$ -$ -$ -$ 2, 372.22$ 3, 604.58$ HOUSING AUTHORITY -$ -$ -$ -$ 2, 372.22$ 3, 604.58$ 170 COMMUNITY DEVELOPMENT COMMISSION -$ -$ -$ -$ -$ -$ COMMUNITY DEVELOPMENT COMMISSION -$ -$ -$ -$ -$ -$ 700 WATER OPERATING 98,906.71$ 620, 854.20$ 719, 760.91$ -$ 2, 056,229.99$ 3, 098,845.08$ 701 WATER CAPITAL 8,087.00$ -$ 8, 087.00$ -$ 8, 087.00$ 7, 540.15$ 710 SEWER OPERATING 5,317.98$ 318, 106.84$ 323, 424.82$ -$ 1, 145,674.34$ 924, 035.27$ 711 SEWER CAPITAL 4,248.36$ -$ 4, 248.36$ -$ 143, 793.36$ 148, 077.37$ 713 SEWER CAPITAL REHAB AND REPLACE -$ -$ -$ -$ -$ -$ 720 RECLAIMED WATER OPERATIONS -$ 2, 061.78$ 2, 061.78$ -$ 4, 720.49$ 563. 40$ WATER 116,560.05$ 941,022.82$ 1, 057,582.87$ -$ 3, 358,505.18$ 4, 179,061.27$ ACCOUNTS PAYABLE TOTAL 426,737.79$ 1,265,516.12$ 1, 692,253.91$ -$ 26, 079,989.76$ 24, 441,039.96$ REG. PAYROLL
City 263,894.16$ -$ 263, 894.16$ -$ 1, 355,483.34$ 1, 190,815.23$ Housing Authority 178.95$ -$ 178. 95$ -$ 913. 08$ 745. 24$ Water 113,837.07$ -$ 113, 837.07$ -$ 555, 246.87$ 503, 980.23$ PAYROLL TOTAL 377,910.18$ -$ 377, 910.18$ -$ 1, 911,643.29$ 1, 695,540.70$ City of Hesperia

WARRANT RUNS
08/27/2022-09/09/2022
*No payments were issued on July 1, 2022.

Attachment 1

City of Hesperia

STAFF REPORT
DATE: October 4, 2022
TO: Mayor and Council Members
FROM: Nils Bentsen, City Manager
BY: Rachel Molina, Assistant City Manager
Jamie Carone, Senior Management Analyst
SUBJECT: Contract Amendment with TKE Engineering, Inc for Inspection Services for the Construction of the Hesperia Park and Ride Facility

RECOMMENDED ACTION
It is recommended that the City Council authorize the City Manager to amend the agreement between the City of Hesperia and TKE Engineering, Inc (TKE) in the amount of $19,979 for a total not-to-exceed contract amount of $64,979, to include additional construction inspection services.

BACKGROUND
Currently, the City contract s with TKE Engineering, Inc for a variety of engineering related services. In August of 2021, the City entered into a separate Professional Services Agreement with TKE for inspection services specifically for the construction of the Hespe ria Park and Ride Facility project . This Capital Improvement Project was partially funded through federal Congestion Mitigation Air Quality funds; therefore more frequent and detailed inspections were required and the City did not have the staf f available to properly complete and comply with the federal inspection requirements.

ISSUES/ANALYSIS
Delays occurred throughout this project due to outside factors beyond the City’s control including the Caltrans permitting process, delays in obtaining materials due to supply shortage s, and weather. These delays added thirty days to the original construction schedule. TKE provided an inspector for every day of the week to maintain detailed inspection reports and to comply with federal inspection and reporting r equirements. As a result, the inspection time included in the original contract between the City and TKE had to be extended resulting in an increase of $19,979 to the original contract amount.

FISCAL IMPACT
A Fiscal Year 2021-22 Fourth Quarter Budget Amendment of $19,797 will be requested.

ALTERNATIVE(S)

1. Provide alternative direction to staff.

ATTACHMENT(S)
None

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City of Hesperia

STAFF REPORT
DATE: October 4, 2022
TO: Mayor and Council Members
Chair and Board Members, Hesperia Water District
FROM: Nils Bentsen, City Manager
BY: Jeremy McDonald, Director of Public Works
Marc Morales, Management Analyst
SUBJECT: Public Works Asset Management Software (Cityworks) Maintenance Agreement

RECOMMENDED ACTION
It is recommended that the City Council and Board of Directors of the Hesperia Water District (District) authorize the City Manager to enter into a three-year software license and maintenance agreement with Azteca Systems, Inc. in an amount not-to-exceed of $129,875.

BACKGROUND
In 2007, the City purchased the Public Works Asset Management System (Cityworks) that provides asset management for the City and District’s infrastructure. Cityworks is also able to integrate well with the City’s Geographic Information System (GIS) where staff can pinpoint asset locations and get detailed specifications while out in the field . This results in quicker response and resolution times. In addition, Cityworks accurately tracks projects and individual work order costs associated with each asset.

ISSUES/ANALYSIS
Since the initial installation of Cityworks, the City has continued to maintain the software license and maintenance agreement with Azteca Systems, Inc. The current agreement is set to expire in November of 20 22 and to continue to utilize Cityworks , a thr ee-year software license and maintenance agreement is being requested. This includes software updates, adjustments, and support for the system.

FISCAL IMPACT
Funding has been included in the Fiscal Year 2022-23 Budget.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENTS
None

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City of Hesperia

STAFF REPORT
DATE: October 4, 2022
TO: Mayor and Council Members
Chair and Board Members, Hesperia Water District
FROM: Nils Bentsen, City Manager
BY: Melinda Sayre, Director of Government Services/City Clerk Erin Baum, Assistant City Clerk
SUBJECT: Consideration of the Biennial Update of the City’s Statement of Economic Interests Designated Employee Filing Roster

RECOMMENDED ACTION
It is recommended that the City Council and Water District Board adopt the Fair Political Practices Commission required biennial update of the City’s Statement of Economic Interest Employee Filing Roster (Conflict -of-Interest Code) for designated employees through adoption of Joint Resolution No. 2022-69 and HWD 2022-15.

BACKGROUND
The Political Reform Act of 1974 (Gov. Code sections 81000-91014) requires local public officials and employees to disclose certain personal financial holdings which may be materially affected by their official actions or job duties. In accordance with the Act, each local agency must adopt a conflict-of-interest code, which is the legal instrument requiring individuals holding designated positions to disclose their personal financial interests on a Statement of Economic Interests Form 700 when they assume or leave a designated position and on an annual basis.

Additionally, the Act requires each local agency to review its code biennially during even - numbered years to ensure the list of designated employees and the disclosure categories are reflective of the agency’s current organization and ability to affect economic interests. At the conclusion of the 2022 biennial code review it was determined that substantial personnel classification changes occurred and an update was warranted.

ISSUES/ANALYSIS
The proposed Conflict-of-Interest Code includes each of the positions within the City and Water District that involve the making or participation in the making of decisions that may foreseeably have a material financial effect on any financial interest, and updates the disclosure categories to allow accurate disclosure of economic interests and sources of income and gifts, without violation of privacy rights.

The list of job classifications required to file a Statement of Economic Interest Form 700 has been updated to reflect the current personnel classification structure of the City. Classifications that have been eliminated are shown on Exhibit “A” with a strikethrough and new classifications being added are shown in bold. Exhibit “B” is an explanation of the Disclosure Categories reflected for each classification.

Staff Report to the City Council
Conflict of Interest Code Amendments
October 4, 2022
Positions added to the Designated Conflict of Interest filing Positions:
 Animal Control Officers (all)
 Animal Services Supervisor
 Director of Administrative Services
 Deputy Community Development Director
 Deputy Development Services Director
 Deputy Human Resources/Risk Management Director
 Director of Public Works
 Risk Manager
Positions Eliminated:
 Animal Services Manager
 Building Inspection Manager
 Building Official
 Deputy City Manager
 Deputy Finance Director
 Director of Finance
 Human Resource Manager
 Public Works Superintendent
 Senior Economic Development Specialist
 Senior Financial Analyst

FISCAL IMPACT
There is no fiscal impact associated with this item.

ALTERNATIVE(S)
Provide alternative direction to staff.

ATTACHMENT(S)

1. Joint Resolution Nos. 2022-69 and HWD 2022-15

2. Exhibit “A” Designated Employees with Disclosure Categories

3. Exhibit “B” Conflict of Interest Disclosure Categories

JOINT RESOLUTION NO. 2022-69
RESOLUTION HWD NO. 2022-15

A JOINT RESOLUTION OF THE HESPERIA CITY COUNCIL, HESPERIA AND

HESPERIA WATER DISTRICT OF HESPERIA, CALIFORNIA, AMENDING THE

CONFLICT OF INTEREST CODE FOR DESIGNATED EMPLOYEES
WHEREAS, the City Council / Board of Directors heretofore adopted a Conflict of Interest Code for designated employees; and
WHEREAS, it is necessary to revise said Conflict of Interest Code to accurately reflect changes in job titles and responsibilities; and

NOW THEREFOR E, BE IT RESOLVED BY THE CITY COUNCIL / BOARD OF DIRECTORS AS FOLLOWS:

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

Section 2. The Conflict of Interest Code pertaining to designated employees and their filing categories (Exhibit A) and the Disclosure Categories (Exhibit B) are hereby amended by the adoption of this Resolution.

Section 4. That the City Clerk/Secretary to the Board shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

ADOPTED AND APPROVED this 4th day of October 2022.
______________________________
Brigit Bennington, Mayor/Chair
ATTEST:
____________________________
Erin Baum,
Assistant City Clerk/ Secretary to the Board

EXHIBIT “A”
CONFLICT OF INTEREST CODE REFLECTING 2022 PROPOSED CHANGES

DESIGNATED EMPLOYEES DISCLOSURE CATEGORIES
Accountant 5 & 6
Analysts 6
All Economic Development and Finance Analysts 5 & 6
Animal Control Officer (all) 6 & 7
Animal Services Manager 1 & 2
Animal Services Supervisor 6 & 7
Assistant City Manager 1 & 2
Assistant City Clerk 6
Assistant Engineer 2, 3, 7
Assistant to the City Manager 6
Budget/Finance Specialist 5 & 6
Building Inspection Manager 1 & 2
Building Official 1 & 2
Community Development Supervisor 1 & 2
City Engineer (Contract) 2, 3, 6, 7
Code Enforcement Officer (all) 6 & 7
Code Compliance Supervisor 6 & 7
Community Relations Specialist 6
All Coordinators 6
Customer Service Supervisor 1
City Clerk 1 & 2
Deputy City Manager 6
Deputy Finance Director 1 & 2
Director of Finance 1 & 2
Director of Administrative Services 1 & 2
Deputy Community Development Director 1 & 2
Deputy Development Services Director 1 & 2
Deputy Human Resources/Risk Management Director 1 & 2
Director of Government Services/City Clerk 1 & 2
Director of Public Works 1 & 2
Economic Development Manager 1 & 2
Facilities Supervisor 6
GIS Manager 1
Human Resource Manager 6
Information Technology Manager 6
Information Systems Specialist 6
Inspectors (All) 2,3,6,7
Planners (All) 2, 3, 6, 7
Plans Examiner 2, 3, 6, 7
Project Construction Manager 2, 3, 6, 7
Public Works Manager 1 & 2
Public Works Superintendent 1 & 2
All Public Works Supervisors 1 & 2
Risk Manager 6
Secretary to the City Manager and City Council 6
Senior Economic Development Specialist 5 & 6
Senior Accountant 5
Senior Animal Control Officer 6 & 7
Senior Code Enforcement Officer 6 & 7
Senior Financial Analyst 5 & 6
Water Quality Specialist 6 & 7
NOTE: The City Council, Pl anning Commission, City Manager, Finance Officer , City Attorney and other designated personnel are required to submit disclosure statements pursuant to State law (California Government Code §87200 et seq.).

With respect to consultants, the City Manager sh all determine if a particular consultant performs a range of duties requiring disclosure hereunder. This determination shall include a description of the consultant’s duties and statement of the extent of disclosure requirements. A copy of this determina tion shall be filed with the City Clerk.

EXHIBIT “B”

DISCLOSURE CATEGORIES
Individuals holding designated positions must report their interests according to all of the disclosure categories listed below that identify the types of investments, business entities, sources of income, including gifts, loans and travel payments, or real property to which their position has been assigned.

Category 1: All investments and business positions in business entities, and sources of income, that are located in, do business in or own real property within the jurisdiction of the City.

Category 2: All investments in real property which is located in whole or in part within, or not more than two (2) miles outside, the jurisdiction of the City.

Category 3: All investments and business positions in, and sources of income from, business entities that are engaged in land development, construction, or the acquisition or sales of real property within the jurisdiction of the City.

Category 4: All investments and business positions in, and sources of inc ome from business entities that are banking, savings and loan, or other financial institutions.

Category 5: All investments and business positions in, and sources of income from, business entities that provide services, supplies, materials, machinery, vehicles or equipment of a type purchased or leased by the City.

Category 6: All investments and business positions in, and sources of income from, business entities that provide services, supplies, materials, machinery, vehicles or equipment of a type purchased or leased by the Designated Employee’s Department.

Category 7: All investments and business positions in, and sources of income from, business entities subject to the regulatory, permit, or licensing authority of the Designated Employee’s Department.

NOTE: The City Council, Planning Commission, City Manager, Finance Officer, City Attorney and other designated personnel are required to submit disclosure statements pursuant to State law (California Government Code §87200 et seq.).

With respect to consultants, the City Manager shall determine if a particular consultant performs a range of duties requiring disclosure hereunder. This determination shall include a description of the consultant’s duties and statement of the extent of disclosure requirements. A copy of this determination shall be filed with the City Clerk.

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City of Hesperia

STAFF REPORT
DATE: October 4, 2022
TO: Mayor and Council Members
FROM: Nils Bentsen, City Manager
BY: Casey Brooksher, Director of Administrative Services Michael Assumma, Information Systems Manager
SUBJECT: Backup Solution replacement

RECOMMENDED ACTION
It is recommended that the City Council authorize the City Manager to e nter into a three -year agreement with Xentegra Gov LLC in an amount not-to-exceed $143,077 to replace the City’s backup solution with current and supported technology solutions.

BACKGROUND
The City’s current backup solution was designed around legacy server and storage requirements, and newer technology has quickly beco me the industry standard for supporting cyber security.

Support and maintenance are no longer available to support the City’s current backup environment and has led to complications with compatibility that new hardware and software will resolve.

ISSUES/ANALYSIS
In response to the at-risk solution in place, staff intends to utilize the tech exemption purchasing option and contract with Xentegra who currently provides the City’s disaster recovery solution and support for the city’s server s and storage. Xentegra’s proposed solution is compatible with the City’s current server and storage infrastructure and will augment existing offsite backups.

Xentegra is the designated partner vendor for the city by the manufacturer of existing used server and storage.

FISCAL IMPACT
Funding for this project has been included in the Adopted Fiscal Year (FY) 2022 -23 Budget and will continue to be included in the Information Technology annual operating budget.

ALTERNATIVE(S)

1. Provide alternative direction to staff.

ATTACHMENT(S)
None

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City of Hesperia

STAFF REPORT
DATE: October 4, 2022
TO: Mayor and Council Members
FROM: Nils Bentsen, City Manager
BY: Rachel Molina, Assistant City Manager
Ryan Leoanrd, Senior Planner
Edgar Gonzalez, Associate Planner
SUBJECT: Site Plan Review SPR22-00007; Applicant: Lamar Advertising Company; APN:
0357-065-05

RECOMMENDED ACTION
It is recommended that the City Council adopt Resolution No. 2022 -71 approving a billboard relocation agreement with Lamar Advertising to facilitate the removal of three billboard sign faces and the construction of one digital billboard display.

BACKGROUND
Proposal: A Site Plan Review (SPR) has been filed to allow one 672 square foot digital billboard display with a height of 32 feet located at 5830 Mariposa Road and to remove three existing billboard sign faces within the City.

Current General Plan, Zoning and Land Uses: The property is within the Regional Commercial (RC) zone of the Main Street and Freeway Corridor Specific Plan. The I-15 freeway is located west and south of the project site. The properties to the north and east are zoned Regional Commercial (RC) with in the Main Street and Freeway Corridor Specific Plan. The surrounding land uses consist of vacant land (Attachment 1 & 2).

ISSUES/ANALYSIS
The proposed agreement will permit Lamar Advertising to construct a new digital billboard. The City’s Municipal Code requires that for each digital face permitted, that three billboard faces be permanently removed. Therefore, an existing billboard with two sign faces, and another billboard with one sign face will be removed. Both billboards that are to be removed are located on the same parcel as the proposed digital billboard.

The proposed digital billboard will be located on an existing 4.62-acre site that contains a metal warehouse building that is currently operated by Desert Valley Towing . Two wireless fac ility towers exist on the site, one of which is the Oak Hills water tower that is viewable from the I -15 freeway. The proposed digital billboard will be located on the northern end of the site adjacent to the I-15 freeway and south of one of the existing billboards that will be removed. The proposed digital board will be orientated towards the vehicles coming northbound on the I -15 freeway (Attachment 3 and 4).

Staff Report to the City Council
SPR22-00007
October 4, 2022

Section 16.36.100 of the Municipal Code prohibits the construction of new billboards unless they are done in compliance with approval of a relocation agreement, site plan revie w by the City Council, and are consistent with all sections within the billboard ordinance. The applicant has filed a site plan review, submitted a billboard relocation agreement and the project complies with the billboard ordinance as listed in section 16.36.100(C).

The proposed digital billboard complies with the minimum square footage and height limitations in the Municipal Code. It also complies with minimum separation criteria and required proximity of a freeway. In addition, prior to the issuance of a building permit, the proposed digital billboard will be reviewed by City staff to ensure that it complies with all code requirements and is consistent with Section 16.36.100(c) of the Hesperia Municipal Code.

State law permits cities and billboard owners to enter into relocation agreements at whatever terms and conditions are acceptable to the parties. The relocation agreement memorializes the terms, conditions, and timeframes upon the applicant’s ability to remove the existing billboards , and allows the construction of a new digital billboard. In addition, the applicant will be required to provide a one-time payment for the benefit of the City’s Ranchero Interchange beatification project (Attachment 5).

Environmental: The project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) by Section 15302, Replacement or Reconstruction. This exemption applies to existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced.

The proposed billboard conforms with section 16.36.100 - Billboards of the Municipal Code. The proposed digital billboard will require the removal of two existing billboards, which will eliminate additional sign structures visible from the I-15 freeway and will provide a more effective way of advertising through a digital display board. Additionally, the site will be enhanced by the digital billboard, as the two existing billboard structures are old and outdated.

FISCAL IMPACT:

None.

ALTERNATIVE(S):

1. Provide alternative direction to staff.

ATTACHMENTS:

1. Aerial Photo

2. General Plan Land Use Map

3. Site Plan

4. Billboard Sign

5. Billboard Relocation Agreement

6. Resolution No. 2022-71

7. Conditions of Approval

APPLICANT(S): LAMAR ADVERTISING COMPANY FILE NO(S): SPR22-00007

LOCATION: 5830 MARIPOSA ROAD APN(S): 0357-065-05

PROPOSAL: CONSIDERATION OF SITE PLAN REVIEW SPR22-00007 TO ALLOW A BILLBOARD

RELOCATION AGREEMENT FOR A NEW DIGITAL BILLBOARD TO REPLACE THREE

BILLBOARD SIGN FACES WITHIN THE REGIONAL COMMERCIAL (RC) ZONE OF THE MAIN STREET AND FREEWAY CORRIDOR SPECIFIC PLAN.

N

AERIAL PHOTO
ATTACHMENT 1

SITE

APPLICANT(S): LAMAR ADVERTISING COMPANY FILE NO(S): SPR22-00007

LOCATION: 5830 MARIPOSA ROAD APN(S): 0357-065-05

PROPOSAL: CONSIDERATION OF SITE PLAN REVIEW SPR22-00007 TO ALLOW A BILLBOARD

RELOCATION AGREEMENT FOR A NEW DIGITAL BILLBOARD TO REPLACE THREE

BILLBOARD SIGN FACES WITHIN THE REGIONAL COMMERCIAL (RC) ZONE OF THE MAIN STREET AND FREEWAY CORRIDOR SPECIFIC PLAN.

N

GENERAL PLAN MAP
ATTACHMENT 2
Project Site

APPLICANT(S): LAMAR ADVERTISING COMPANY FILE NO(S): SPR22-00007 LOCATION: 5830 MARIPOSA ROAD APN(S): 0357-065-05
PROPOSAL: CONSIDERATION OF SITE PLAN REVIEW SPR22-00007 TO ALLOW A BILLBOARD

RELOCATION AGREEMENT FOR A NEW DIGITAL BILLBOARD TO REPLACE THREE

BILLBOARD SIGN FACES WITHIN THE REGIONAL COMMERCIAL (RC) ZONE OF THE MAIN STREET AND FREEWAY CORRIDOR SPECIFIC PLAN.

N

SITE PLAN
ATTACHMENT 3

APPLICANT(S): LAMAR ADVERTISING COMPANY FILE NO(S): SPR22-00007 LOCATION: 5830 MARIPOSA ROAD APN(S): 0357-065-05
PROPOSAL: CONSIDERATION OF SITE PLAN REVIEW SPR22-00007 TO ALLOW A BILLBOARD

RELOCATION AGREEMENT FOR A NEW DIGITAL BILLBOARD TO REPLACE THREE

BILLBOARD SIGN FACES WITHIN THE REGIONAL COMMERCIAL (RC) ZONE OF THE MAIN STREET AND FREEWAY CORRIDOR SPECIFIC PLAN.

N

BILLBOARD SIGN
ATTACHMENT 4

BILLBOARD RELOCATION AGREEMENT
THIS BILLBOARD RELOCATION AGREEMENT (“the Agreement”) is made and entered into as of this _____ day of ______, 2022 (the “Effective Date”), by and between the CITY OF H ESPERIA, a California municipal corporation (“the City”), and LAMAR CENTRAL OUTDOOR, LLC, a Delaware limited liability company (“the Company”). Hereafter the City and the Company are sometimes referred to as “Party” or collectively as the “Parties.”

RECITALS
WHEREAS, Company owns and operates billboard advertising structures within the city limits of City (each a “Billboard” and collectively the “Billboards”); and WHEREAS, the California Outdoor Advertising Act, Business and Professions Code, Section 5200, et. Seq. (in particular Bus. & Prof. Code Section 5412) , encourages local entities and display owners to enter into relocation agreements which allow local entities to continue development in a planned manner without expenditure of public funds while allowing the continued maintenance of private investment and a medium of public communications; and
WHEREAS, the California Outdoor Advertising Act specifically empowers and encourages local agencies to enter into relocation agreements on whatever terms are agreeable to the City and display owners, and to adopt ordinances and resolutions providing for relocation of billboards; and
WHEREAS, the Hesperia Municipal Code Section 16.36.100(C) allows an existing legal, non-conforming billboard to be relocated pursuant to a Billboard Relocation Agreement and converted to a digital advertising display at a ratio of three (3) sign faces to one (1); and
WHEREAS, Company desires to remove the Billboards as identified in Exhibit “A” to this Agreement comprising of three (3) faces (the “Original Billboards”), in exchange for the right to erect one (1) digital advertising display in compliance with the City Municipal Code on the property identified in Exhibit “B” (the “Relocated Billboard”); and
WHEREAS, City and Company now wish to enter into an agreement to memorialize the terms and conditions upon which Company will have the right to remove the Original Billboards and erect the Relocated Billboard.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the foregoing Recitals, which Recitals are incorporated herein by reference, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and in consideration of the mutual covenants set forth herein, the Parties hereby agree as follows:

1. Term of Agreement. Unless earlier terminated as provided for herein, this Agreement shall continue in full force and effect for so long as any obligation is owed by either Party pursuant to the terms of this Agreement.

2. Permanent Removal of Original Billboards.
a. In exchange for the ability to develop the Relocated Billboard identified in Exhibit “B”, Company shall permanently remove those Original Billboards identified in Exhibit “A”. Each of the Original Billboards currently holds the status of a legal non- conforming use as the term is defined by the City Development Code. The Company shall, at its sole cost and expense, secure all required permits necessary to remove the Original Billboards, including but not limited to, the City’s demolition permits. Company intends that the Relocated Billboard will remove old, obsolete displays and allow for modernized displays in the City.
b. The Company shall complete removal of the Original Billboards within one-hundred eighty (180) days of the Effective Date of the City’s approval of sign permits for the Relocated Billboard. For purposes of this Section 2.b, the term “Effective Date” means : (1) the expiration of all administrative appeal periods provided for by the City Development Code and applicable to the City’s approval of sign permits; or (2) if an administrative appeal is filed, the date upon which either the Planning Commission and/or City Council approval becomes final; and (3) if a judicial action is filed challenging the City’s action in regards to the permits, the date upon which any superior court action or district court action becomes final. If a lower court’s decision is appealed and an appellate court reverses the judgment of a lower court, the Company agrees to abide by the ruling of any appeals court including (but not limited to) returning to the previous status quo by removing and dismantling the electronic billboards erected pursuant to this Agreement.

Notwithstanding the foregoing, the Company shall not be entitled to commence construction and installation of the Relocated Billboard prior to the removal of all of the Original Billboards. The Company shall have no obligation to remove any of the Original Billboards, pursuant to the terms of this Agreement, if the City does not approve the Company’s sign permit application for the Relocated Billboard, or if a court of competent jurisdiction invalidates the City’s approval of the sign permits. Should the City fail to approve the Company’s sign permit application or should said approvals be invalidated, the obligations of the Parties under this Agreement shall terminate, and the Agreement shall be of no further force and effect.

3. Relocated Billboard.

Upon the permanent removal of the Original
Billboards, Company shall be entitled to construct the Relocated Billboard upon the property identified in Exhibit “B”, the precise location of which shall be determined within the sole discretion of Company. The Relocated Billboards may include Digital Displays as defined within Hesperia Municipal Code Section 16.36.020. The Relocated Billboard shall comply with all the development standards set forth in Section 16.36.100 of the Hesperia Municipal Code.

4. One-Time
Payment to City. As material consideration for City allowing Company to construct and operate the Relocated Billboard, Company shall pay the City a one-time payment of Two -Hundred and Fifty Thousand Dollars ($250,000.00) for the

benefit of the City’s Ranchero Interchange public art project, due to the City when the Relocated Billboard is fully operational.

5. Indemnity. Company, as a material part of the consideration to be rendered to City under this Agreement, shall indemnify City, its agents and employees and any successors or assigns to the City’s rights under this Agreement (collectively “City Parties”) and shall hold and save them and each of them harmless from any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (hereinafter “Indemnified Claims and Liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the use and maintenance of the Relocated Billboard by Company, its officers, agents and employees (collectively “Company Parties”), but only to the extent any such Indemnif ied Claims and Liabilities arise from (a) the failure of the Company to keep the Billboard in good condition and repair, (b) the negligent acts or omissions of Company hereunder, or (c) Company’s negligent performance of or failure to perform any term or covenant of this Agreement, and in connection with the foregoing indemnity:
a. Company shall defend any action or actions filed in connection with any o
f said Indemnified Claims and Liabilities and will pay all costs and expenses, including legal costs and at torneys’ fees incurred in connection therewith; and
b. Company shall promptly pay any judgment rendered against the City and the City Parties for any such Indemnified Claims and Liabilities; and Company shall save and hold City and City Parties harmless therefrom; and
c. In the event City Parties are made a party to any action or proceeding filed or prosecuted against Company Parties for such Indemnified Claims and Liabilities, Company shall pay to City any and all costs and expenses incurred by City Parties in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.

Company and City further acknowledge that Company shall not indemnify City Parties for any Indemnified Claims and Liabilities caused by or arising out of the gross negligence or willful misconduct of City Parties.

6. Company’s Adve
rtising Policy. The Parties acknowledge that public
advertising is an important form of public communication. City desires to preserve this type of communication while preserving the character of the community and prevent exposure of its residents to advertising which City’s residents might find offensive .

Accordingly, Company shall be prohibited from displaying such offensive advertising material including, but not limited to, advertising for adult businesses, cabarets, and strip clubs or lingerie.

7. General Provisions.
a. Assignment. Company may only assign or otherwise transfer this Agreement to any other person, firm, or entity, upon presentation to the City of an assignment and assumption agreement in a form reasonably acceptable to the City Attorney and upon receipt of City’s written approval of such assignment or transfer by City

Manager; provided, however, that Company may, from time to time and one or more times, assign this Agreement to one or more persons or entities without City approval, but with written notice to City, as long as Lamar Central Outdoor, LLC or entities owned or controlled by it have and maintain at least a twenty percent (25%) ownership interest in such entities who are the assignees or transferees. After a transfer or assignment as permitted by this Section, City shall look solely to such assignee or transferee for compliance with the provisions of this Agreement which have been assigned or transferred. b. Waiver.

The waiver by any Party of any breach of any term,
covenant or condition herein contained shall not be deemed to be a waiver of any other term, covenant or condition, or of any subsequent breach of the same term, covenant or condition.
c. Notices .

All notices and other communications required or
permitted to be given hereunder shall be in writing and shall be sent by: ( a) certified or registered mail, postage pre -paid, return receipt requested, (b) personal delivery, or ( c) a recognized overnight carrier that provides proof of delivery, and shall be addressed as follows:

If to Company:

L
amar Central Outdoor, LLC
Attn: Jim Moran
P.O. Box 829
Lancaster, CA 93584
Wi
th a Copy to:

If to City:

C
ity of Hesperia
Attn: City Manager
9700 Seventh Ave.

Hesperia, CA 92345
W
ith a Copy to:

Stream Kim Hicks Wrage Alfaro
Attn: Theodore Stream, Esq.
3403 Tenth Street, Suite 700
Riverside, CA 92501
Aleshire & Wynder, LLP
Attn: Eric Dunn, Esq.
3880 Lemon Street, Suite 520
Riverside, California 92501
Notices shall be deemed effective upon receipt or rejection only. d. Authority to Enter Agreement . All Parties warrant that the individuals who have signed the Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
e. Amendment/Modification. No s
upplement, modification, or
amendment of this Agreement shall be binding unless executed in writing and signed by all Parties.
f. Attorneys’ Fees.

In the event of litigation between the parties arising
out of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs and expenses incurred, including attorneys’ fees on appeal, and all other reasonable costs and expenses for investigation of such action, including the conducting of discovery, in addition to whatever other relief to which it may be entitled.

g. T ime is of the Essence. Time is of the essence of each and every provision of this Agreement.
h. Miscellaneous. Thi s Agreement embodies the entire Agreement between the Parties and supersedes any prior or contemporaneous understandings between the Parties related to the Agreement. In the event of a dispute between the Parties hereto, the prevailing party shall be entitled to recover its attorney’s fees and other costs and expenses incurred in connection therewith, whether or not suit is filed or is pursued to judgment and including any such fees or costs incurred in connection with any appeal, or any bankruptcy proceeding. If any provision of this Agreement is held to be invalid, the balance shall remain binding upon the Parties. This Agreement shall be interpreted in accordance with its plain meaning, and not in favor of or against either Party. This Agreement shall be construed according to the laws of the State of California. i. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
[S
ignature Page Follows]

IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the date set forth below.

ATTEST:

“CITY”:

CITY OF HESPERIA
By: ________________________________
City Manager
By: __________________________________
City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
By: __________________________________
City Attorney

“COMPANY”

LAMAR CENTRAL OUTDOOR
By: ________________________________
By: Jim Moran
Its: Vice President & General Manager

Exhibit “A”
B
illboard
#
Location Size (HxW) Type Faces

1. I-15 EL 2000’ S/O Oak Hills Road 14’x48’ Static 1

2. I-15 EL ¼ Mile S/O Oak Hills Road 14’x48’ Static 1

3. I-15 EL ¼ Mile S/O Oak Hills Road 14’
x48’ Static 1
B
illboard Face#1:

B
illboard Face #2:

Billboard Face #3:

9 Exhibit “B”
S

ITE FOR RELOCATED BILLBOARD
L ocation Size (HxW) Type Faces

1. I-15 EL 2020’ S/O Oak Hills Road 14’ x 48’ Electronic 1

RESOLUTION NO. 2022-71

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

CALIFORNIA, APPROVING A SITE PLAN REVIEW AND A BILLBOARD RELOCATION AGREEMENT TO ALLOW A NEW 672 SQUARE FOOT DIGITAL

BILLBOARD AND TO REPLACE THREE BIL LBOARD SIGN FACES WITHIN

THE REGIONAL COMMERCIAL (RC) ZONE OF THE MAIN S TREET AND FREEWAY CORRIDOR SPE CIFIC PLAN LOCATED AT 5830 MARIPOSA ROAD (SPR22-00007)
WHEREAS, Lamar Advertising Company has filed an application requesting approval of SPR22- 00007 described herein (hereinafter referred to as "Application"); and WHEREAS, the Application applies to approximately 4.62 acre site located at 5830 Mariposa Road, also referenced Assessor's Parcel Number 0357-065-05; and WHEREAS, the Application proposes to allow a new 672 square foot digital billboard and to replace three existing billboard sign faces , which requires approval of a site plan review and a billboard relocation agreement; and
WHEREAS, the proposed billboard and the billboard relocation agreement are consistent with section 16.36.100 of the Hesperia Municipal Code; and
WHEREAS, the property is within the Regional Commercial (RC) zone of the Main Street and Freeway Corridor Specific Plan. The I-15 freeway is located west and south of the project site. The properties to the north and east are zoned Regional Commercial (RC) within the Main Street and Freeway Corridor Specific Plan which remain vacant; and WHEREAS, the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) by Section 15302, Replacement or Reconstruction. This exemption applies to existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced; and
WHEREAS, on October 4, 2022, the City Council of the City of Hesperia conducted a public hearing pertaining to the proposed Application, and concluded said hearing on that date; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.

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

Section 1. The City Council hereby specifically finds that all of the facts set forth in this Resolution are true and correct.

Section 2. Based upon substantial evidence presented to the City Council during the above- referenced October 4, 2022 hearing, including public testimony and written and oral staff reports, this Council specifically finds as follows:
(a) The site for the proposed billboard is adequate in size as the existing parcel is 4.62 acres and will replace three existing billboard sign faces in the same parcel with similar dimensions. The billboard complies with the required setbacks of the Regional Commercial (RC) Zone of the ATTACHMENT 6

Resolution No. 2022-71

Main Street and Freeway Corridor Specific Plan and will comply with California Building and Fire code requirements.

(b) The proposed billboard will not create significant noise, traffic or other conditions or situations that may be objectionable or detrimental to other allowed uses in the vicinity or be adverse to the public convenience, health, safety or general welfare.

(c) The proposed billboard is consistent with the goals, policies, standards and maps of the adopted zoning, Specific Plan, Development Code and all applicable codes and ordinances adopted by the City of Hesperia.

The billboard will comply with the Outdoor Advertising Association of America (OAAA) and will be constructed pursuant to the California Building and Fire Codes and subsequent adopted amendments.

(d) The site has adequate access through an existing drive aisle north of Mariposa Road, which is currently used for the existing billboards and wireless telecommunication facilities.

Section 3. Based on the findings and conclusions set forth in this Resolution, th e City Council hereby approves Site Plan Review SPR22-00007, subject to the conditions of approval as shown in Attachment “A”.

Section 4. 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 on this 4th day of October 2022.

____________________________________
Brigit Bennington, Mayor
ATTEST:

_______________________________________
Erin Baum, Assistant City Clerk

ATTACHMENT "A"
List of Conditions for SPR22-00007
Approval Date: October 04, 2022
Effective Date: October 15, 2022
Expiration Date: October 15, 2025
This list of conditions applies to: Consideration of Site Plan Review SPR22-00007 to allow a billboard relocation agreement for a proposed digital billboard at 5830 Mariposa Road within the Regional Commercial (RC) zone of the Main Street and Freeway Corridor Specific Plan (Applicant: Lamar Advertising Company; APN: 0357-065-05).

The use shall not be established until all conditions of this land use approval application have been met.

This approved land use shall become null and void if all conditions have not been completed by the expiration date noted above. Extensions of time may be granted upon submittal of the required application and fee prior to the expiration date. (Note: the "COMPLETED" and "COMPLIED BY" spaces are for internal City use only).

CONDITIONS REQUIRED AS PART OF SUBMITTAL OF PUBLIC IMPROVEMENT PLANS

NOT IN COMPLIANCE
COMPLETED COMPLIED BY CONSTRUCTION PLANS. Five complete sets of construction plans prepared
and wet stamped by a California licensed Civil
or Structural Engineer or Architect shall be submitted to the Building Division with the required application fees for review. (B)

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY INDEMNIFICATION. As a further condition of approval, the Applicant agrees
to and shall indemnify, defend, and hold the
City and its officials, officers, employees, agents, servants, and contractors harmless from and against any claim, action or proceeding (whether legal or administrative), arbitration, mediation, or alternative dispute resolution process), order, or judgment and from and against any liability, loss, damage, or costs and expenses (including, but not limited to, attorney's fees, expert fees, and court costs), which arise out of, or are in any way related to, the approval issued by the City (whether by the City Council, the Planning Commission, or other City reviewing authority), and/or any acts and omissions of the Applicant or its employees, agents, and contractors, in utilizing the approval or otherwise carrying out and performing work on Applicants project. This provision shall not apply to the sole negligence, active negligence, or willful misconduct of the City, or its officials, officers, employees, agents, and contractors.

The Applicant shall defend the City with counsel reasonably acceptable to the City. The City's election to defend itself, whether at the cost of the Applicant or at the City's own cost, shall not relieve or release the Applicant from any of its obligations under this Condition. (P)

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY MAINTENANCE. The billboard and all related equipment shall be maintained in good condition at all times. (P)

NOT IN COMPLIANCE

COMPLETED
COMPLIED BY BILLBOARD RELOCATION AGREEMENT. The applicant shall comply with the terms, conditions, and timeframes within

DRAFT

the billboard relocation agreement approved by the City Council. (P)

CONDITIONS REQUIRED PRIOR TO CERTIFICATE OF OCCUPANCY

NOT IN COMPLIANCE
COMPLETED COMPLIED BY CONSTRUCTION WASTE. The developer or builder shall contract
with the City's franchised solid waste hauler to provide bins and haul waste from the proposed development. At any time during construction, should services be discontinued, the franchise will notify the City and all building permits will be suspended until service is reestablished. The construction site shall be maintained and all trash and debris contained in a method consistent with the requirements specified in Hesperia Municipal Code Chapter 15.12. All construction debris,
including green waste, shall be recycled at Advance Disposal and receipts for solid waste disposal shall be provided prior to final approval of any permit. (B)
(B) Building Division 947-1300
(E) Engineering Division 947-1476
(F) Fire Prevention Division 947-1603
(P) Planning Division 947-1200
(RPD) Hesperia Recreation and Park District 244-5488
NOTICE TO DEVELOPER: IF YOU NEED ADDITIONAL INFORMATION OR ASSISTANCE REGARDING

THESE CONDITIONS, PLEASE CONACT THE
APPROPRIATE DIVISION LISTED BELOW:

THIS PAGE LEFT INTENTIONALLY BLANK

City of Hesperia

S T A F F R E P O R T
DATE: October 4, 2022
TO: Mayor and Council Members
FROM: Pam Lee, City Attorney
SUBJECT: Consideration of Second Amendment to Current City Manager Employment Agreement, and a Successor City Manager Employment Agreement

RECOMMENDED ACTION
It is recommended the City Council consider the second amendment to the Current City Manager Employment Agreement, and a Successor City Manager Employment Agreement.

BACKGROUND
The City initially entered into an employment agreement for City Manager services with Nils Bentsen effective January 19, 2016, which was replaced in February 2018 and amended in June 2020 (the “Agreement”). Mr. Bentsen is eligible for retirement and has informed the City Council he int ends to retire at some date after December 9 , 2022. The City has had only two City Managers over the last 17 years.

ISSUES AND ANALYSIS
The City Manager is recommending that Assistant City Manager Rachel Molina be appointed as his successor upon his impending retirement. The City Council desires to maintain stability in the City Manager’s office and ensure a smooth transition, and to that end has proposed an amendment to the Agreement as an incentive for Mr. Bentsen to remain as City Manager and use his six-plus years of experience to provide mentorship, transition projects, advise on the broad range of City Manager responsibilities, and use his institutional knowledge to ensure a successful transition. The proposed amendment includes a bonus for each month Mr. Bentsen remains as City Manager after December 9, as well as a 10% increase in salary.

The proposed agreement with Ms. Molina provides that she will automatically assume the position of City Manager upon Mr. Bentsen’s retirement.

FISCAL IMPACT
The proposed amendment includes a monthly bonus and a salary increase.

ALTERNATIVE(S)

1. Provide alternative direction to staff.

ATTACHMENTS

1. Second Amendment to City Manager Employment Agreement

2. Successor City Manager Employment Agreement

01071.0004/822135.3 -1-
SE

COND AMENDMENT TO

CITY OF HESPERIA

CITY MANAGER EMPLOYMENT AGREEMENT
This SECOND AMENDMENT TO CITY OF HESPERIA CITY MANAGER
EMPLOYMENT AGREEMENT (the “Second Amendment”) is made and entered into October 4, 2022, by and between the CITY OF HESPERIA, a general law city and municipal corporation (the “CITY”) and NILS BENTSEN, an individual (“EMPLOYEE”).

RECITALS
WHEREAS, effective January 19, 2016, the City Council of the CITY (the “City Council”) entered into the City of Hesperia City Manager Employment Agreement with EMPLOYEE; and WHEREAS, on February 20, 2018, the City Council entered into a second City of Hesperia City Manager Employment Agreement with EMPLOYEE (the “Agreement”), which is currently in effect; and
WHEREAS, Section 9.2 of the Agreement provides that it “may be amended at any time by the mutual consent of the Parties by an instrument in writing, which amendment shall require City Council approval”; and
WHEREAS, on June 2, 2020, the City Council and EMPLOYEE entered into the First Amendment to the Agreement (“First Amendment”) to temporarily reduce EMPLOYEE’s salary as part of the CITY’s response to the COVID-19 pandemic and require that at least four (4) votes of the City Council would be required to terminate EMPLOYEE without cause; and WHEREAS, the City Council and EMPLOYEE now desire to enter into this Second Amendment to provide that : i) effective the first full pay period following the approval of this Second Amendment, EMPLOYEE will receive a ten percent (10%) base salary increase and ii) in order to encourage EMPLOYEE’s continued retention and ensure a smooth transition between city managers, beginning December 9, 2022 EMPLOYEE will receive a non- PERSable retention bonus for each full month worked thereafter in an amount equivalent to his then-current monthly base salary; and
WHEREAS, EMPLOYEE desires to accept these employment terms from the CITY and agrees to the following terms and conditions in this Second Amendment.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, CITY and EMPLOYEE hereby agree as follows:

AGREEMENT
SECTION 1. The above recitals are incorporated by reference as if set forth in full herein.

SECTION 2. Section 2.1 of the Agreement, entitled “ Base Salary,” shall be amended to read, in its entirety, as follows:

Attachment 1

01071.0004/822135.3 - 2-
“

2.1 Base Salary. As of July 2, 2022, EMPLOYEE’s annual base salary is Two Hundred Fifty Eight Thousand Eight Hundred Twenty Five Dollars ($258,825) (“Salary”), which is paid on a pro-rated basis bi-weekly at the same time as other employees of the CITY are paid. Such Salary shall be subject to normal and proper withholdings as determined by state and federal law and as determined appropriate by the City Council and shall be subject to payroll taxes, workers’ compensation, and other payroll-related liability costs.

Effective the first full pay period following the approval of this Second Amendment, EM
PLOYEE shall be provided a ten percent (10%) increase to his Salary.” SECTION 3. A new Section 2.5 shall be added to the Agreement, entitled “Retention Bonus,” to read, in its entirety, as follows:
“2.5 Retention Bonus. In order to encourage EMPLOYEE’s continued retention under the terms of the Agre ement and ensure a smooth transition between city managers, beginning December 9, 2022, in addition to the Salary EMPLOYEE shall be paid a monthly bonus for each full month worked after December 9, 2022, in an amount equivalent to his then- current monthly base salar y. Such monthly retention bonus payments shall not be considered “compensation earnable” under CalPERS laws and regulations for purposes of calculating his CalPERS service retirement benefits.”
SECTION 4.

Except as expressly amended by the Firs t Amendment and this Second Amendment, the underlying terms, conditions, and compensation of EMPLOYEE by CITY as and for his employment as City Manager shall be as set forth in the Agreement.

IN WITNESS WHEREOF, the CITY OF HESPERIA has caused this Second Amendment to be signed and executed on its behalf by its Mayor, and duly attested by its officers thereunto duly authorized, and EMPLOYEE ha s signed and executed this Second Amendment, all in triplicate.
[SIGNATURES ON FOLLOWING PAGE]

01071.0004/822135.3 - 3-

CITY OF HESPERIA
_______________________________
Brigit Bennington, Mayor
ATTEST:
_____________________________
Melinda Sayre, City Clerk
AP
PROVED AS TO FORM:
_____________________________
Pam Lee, City Attorney
C

ITY MANAGER
_____________________________
Nils Bentsen
[
END OF SIGNATURES]

1 01071.0004/818990.7
CITY O

F HESPERIA

CITY MANAGER EMPLOYMENT AGREEMENT
This CITY MANAGER EMPLOYMENT AGREEMENT (hereinafter referred to as the “AGREEMENT”) is entered into the 4th day of October 2022, by and between the CITY OF HESPERIA, a general law city and municipal corporation (hereinafter referred to as the “CITY”) and RACHEL MOLINA, an individual (hereinafter referred to as “EMPLOYEE”). For purposes of this AGREEMENT, CITY and EMPLOYEE may be collectively referred to as the “Parties” or individually as a “Party.”

R E C I T A L S
WHEREAS, it is the desire of the City Council of the City of Hesperia (hereinafter the "City Council") to employ an individual to serve in the position of city manager, which position is prescribed by state law and the CITY’s Municipal Code; and WHEREAS, California Government Code S ection 34852 provides that an ordinance establishing a city manager form of government shall define the powers and duties of the city manager; and
WHEREAS, the duties of the city manager of the CITY are set forth in full in Hesperia Municipal Code (“HMC”) Section 2.08.070; and
WHEREAS, pursuant to HMC Section 2.08.010, “[t]he city manager shall be appointed by the city council wholly on the basis of his administrative and executive ability and qualifications and shall hold office for and during the pleasure of the city council[;]” and WHEREAS, the CITY will require the services of a new city manager upon the retirement of the incumbent city manager, which is anticipated in 2023; and WHEREAS, based on EMPLOYEE’s executive and administrative qualifications and ability, the City Council desires to employ EMPLOYEE to serve as the city manager for the CITY immediately following the retirement of the incumbent city manager; and WHEREAS, EMPLOYEE has the required level of education, experience, skills and expertise to serve as the city manager of the CITY; and WHEREAS, EMPLOYEE desires to perform and assume responsibility for the provision of city manager services to the CITY and its related agencies; and WHEREAS, the P arties wish to establish the terms and conditions of EMPLOYEE’s provision of city manager professional services to the CITY and its related agencies through this AGREEMENT.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the CITY and EMPLOYEE hereby agree as follows:

Attachment 2

01071.0004/818990.7
2 A G R E E M E N T

1.0 EMPLOYMENT & DUTIES

1.1 Duties. As of the Effective Date of this Agreement, as defined in Section

3.1 below, the City Council will appoint and employ EMPLOYEE as city manager for the CITY to perform the functions and duties of that position, as described in Hesperia Municipal Code Section 2.08.070, the California Government Code, and such other legally permissible and proper duties and functions as the City Council shall, from time to time, direct or assign to EMPLOYEE.

CITY reserves the right to amend Hesperia Municipal Code Chapter 2.08, including Section 2.08.070 which defines city m anager powers and duties, as it deems necessary and appropriate, without requiring EMPLOYEE’s acquiescence or an amendment of this AGREEMENT. Additionally, such duties shall include, but are not limited to: (i) leading and coordinating, as directed by the City Council of the City, the City's efforts to develop and implement strategic and operating plans for the City; (ii) executing the day -to-day general management of the City; and (iii) performing such functions as the City Council of the CITY may direct the EMPLOYEE to perform for the Hesperia Water District, the Hesperia Fire District, the Hesperia Housing Authority, the Hesperia Community Development Commission, the Successor Agency to the Hesperia Community Redevelopment Agency, and other subsidiary entities of the CITY that may be created fr om time to time. EMPLOYEE agrees to perform all such functions and duties to the best of her ability and in an efficient, competent, and ethical manner.

1.2 Work Schedule . It is recognized that the city manager is expected to engage in the hours of work that are necessary to fulfill the obligations of the position, must be available at all times, and must devote a great deal of time outside the normal office hours to the business of the CITY. EMPLOYEE acknowledges that proper performance of the duties of c ity manager will require EMPLOYEE to generally observe normal business hours (currently a 9/80 work schedule, Monday through Thursday and every other Friday), as set by the CITY and as may be duly re vised from time -to-time by the CITY, and will also often require the performance of necessary services outside of normal business hours. EMPLOYEE’s compensation (whether salary or benefits) is not based on hours worked. Furthermore, the city manager position remains an “exempt” classification under the overtime provisions of the federal Fair Labor Standards Act (“FLSA”) and EMPLOYEE shall not be entitled to any compensation for overtime nor subject to such overtime provisions of the FLSA.

1.3 FLSA Exempt Status. EMPLOYEE acknowledges and agrees that the city manager position is that of an exempt employee of the CITY for the purposes of the FLSA.

1.4 Other Activities. EMPLOYEE shall focus her professional time, ability, and attention to the CITY’s business during the term of this AGREEMENT. EMPLOYEE shall not engage, without the express prior written consent of the City Council , in any other business duties or pursuits whatsoever, or directly or indirectly render any services of a business, commercial, or professional nature to any other person or organization, whether for compensation or otherwise, that is or may be competitive with the CITY, that might cause a conflict-of- interest with the CITY, or that otherwise might interfere with the business or operation of the CITY or the satisfactory performance of the functions and duties of the city manager.

01071.0004/818990.7
3 1.5 Employment Status . Upon appointment to the city manager position, EMPLOYEE shall serve at th e will and pleasure of the City Council and understands that by accepting the city manager appointment, she shall be an “at-will” employee and shall be subject to summary dismissal without any right of notice or hearing, including any so-called due process pre-disciplinary “ Skelly” hearing. The CITY may terminate EMPLOYEE at any time in accordance with Section 3.4 below.

1.6 Exemption from Personnel System. HMC Section 2.24.040(B) expressly exempts the c ity manager position from the CITY ’s Personnel System established in H MC Chapter

2.24. E MPLOYEE understands, acknowledges and agrees that EMPLOYEE is exempt from the CITY’s Personnel System.

1.7 CITY Documents. All data, studies, reports and ot her documents prepared by EMPLOYEE while performing her duties during the term of this AGREEMENT shall be furnished to and become the property of the CITY, without restriction or limitation on their use.

All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other materials either created by or provided to EMPLOYEE in connection with the performance of this AGREEMENT shall be held confidential by EMPLOYEE to the extent permitted by applicable law, except as may be required by any governmental agency or court of competent jurisdiction. Such materials shall not be used by EMPLOYEE, without the prior written consent of the City Council, for any purposes other than the performance of EMPLOYEE’s duties. Additionally, no such materials may be disclosed to any person or entity not connected with the performance of services under this AGREEMENT, except as required by (a) law, (b) any governmental agency, (c) subpoena, or (d) an order issued by a court of competent jurisdiction.

1.8 Exclusive Employment
. During the term of this AGREEMENT ,
EMPLOYEE agrees to remain in the exclusive employ of CITY and neither to accept other employment nor to become employed by any other employer during the term of this AGREEMENT. However, this Section shall not prevent EMPLOYEE from family business or personal pursuits, provided that this activity is performed on EMPLOYEE’s time off and does not interfere with the performance of her obligations under this Agreement or violate any applicable State or local law. Furthermore, this Section shall not prevent EMPLOYEE from being a member of, participating in the activities of, or performing services for religious, charitable, community, or service organizations provided such activities do not conflict with or hi nder the performance of EMPLOYEE’s duties under this AGREEMENT.

1.9 Council-Manager Relations.

In accordance with HMC Section

2.08.080(A), the City Council and its members shall deal with the administrative services of CITY only through EMPLOYEE, except for the purpose of inquiry, and neither the City Council nor any member thereof shall give orders or instructions to any subordinates of EMPLOYEE. EMPLOYEE shall take his/her orders and instructions from the C ity Council only when sitting in a duly convened meeting of the City Council and no individual Councilmember shall give any orders or instructions to EMPLOYEE.

2.0 COMPENSATION AND REIMBURSEMENT

01071.0004/818990.7
4 2.1 Base Salary. For the services rendered pursuant to this A GREEMENT, EMPLOYEE’s annual base salary shall be Two Hundred Forty Thousand Dollars ($240,000.00) (“Salary”), which shall be paid on a pro-rated basis bi-weekly at the same time as other employees of the CITY are paid, effective the effective date of this AGREEMENT as provided in Section 3.1 hereof. Such Salary shall be subject to normal and proper withholdings as determined by state and federal law and as determined appropriate by the City Council and shall be subject to payroll taxes, workers’ compensation, and other payroll-related liability costs.

2.2 Salary Review. The City Council and EMPLOYEE agree to endeavor to conduct an annual Salary review concurrently with the annual performance evaluation set forth in Section 5.2 hereof.

2.3 Salary Adjustment. Following the annual performance evaluation set forth in Section 5.2 hereof and the annual Salary review set forth above in Section 2.2, the City Council may increase EMPLOYEE’s base salary and benefits package based on the results of those annual reviews. Any adjustments in the base salary and/or benefits following the annual performance evaluation under Section 5.2 and review under Section 2.2 shall be at the sole discretion of the City Council. Additionally, EMPLOYEE shall be entitled to a Cost of Living Adjustment (“COLA”) on the same basis as other non-represented CITY employees.

2.4 401(a) Pension Plan and D eferred Compensation. EMPLOYEE shall be provided the CITY’s 401(a) pension plan, with the CITY contributing the maximum allowed by law or rule, as adjusted from time to time without requiring an amendment to this Agreement. Additionally, EMPLOYEE shall be eligible to participate in the CITY’s 457(b) deferred compensation plan.

3.0 TERM

3.1 Commencement & Effective Date. EMPLOYEE shall commence service as city manager hereunder at 7:30 a.m. Pacific Daylight T ime on the day immediately following the last day of the incumbent City Manager’s day of employment, which shall also be deemed the effective date of this Agreement (“Effective Date”).

3.2 Termination Prior to Effective Date . Either EMPLOYEE o r CITY may terminate this Agreement prior to its Effective Date at any time. In the event of termination prior to the Effective Date by EMPLOYEE or the CITY, EMPLOYEE shall be entitled to retain her position as Assistant City Manager. Termination of this Agreement prior to the Effective Date shall not entitle EMPLOYEE to any severance or be deemed a breach of this Agreement, and neither party shall be liable to the other for any damages as a result of termination of this Agreement prior to the Effective Date.

3.3 Termination by EMPLOYEE. EMPLOYEE may terminate this AGREEMENT at any time, provided EMPLOYEE provides the City Council with at least thirty (30) days’ advance written notice, or as otherwise agreed by EMPLOYEE and CITY. In the event EMPLOYEE terminates this A GREEMENT, EMPLOYEE expressly agrees that EMPLOYEE shall not be entitled to any severance pay.

01071.0004/818990.7
5 3.4 Termination by C ITY. The City Council may terminate this AGREEMENT at any time with or without cause . The City Council’s right to terminate EMPLOYEE pursuant to this Section 3.4 shall not be subject to or in any way limited by the CITY’s Personnel Rules and Regulations, or any subsequent related resolutions, or past C ITY practices related to the employment, discipline or te rmination of the CITY’s employees.

EMPLOYEE expressly waives any rights provided for the c ity manager under the C ITY’s Personnel Rules and Regulations, Municipal Code, or under other local, state or federal law to any other form of pre- or post-termination hearing, appeal, or other administrative process pertaining to termination. Nothing herein shall be construed to create a property interest, where one does not exist by rule of law in the position of city manager. Notwithstanding this S ection 3.4, upon appointment to the city manager position, EMPLOYEE remains an at-will employee serving at the pleasure of the City Council.
(a) Termination by C ITY for Cause . The C ITY may terminate this AGREEMENT at any time by providing EMPLOYEE with five (5) business days’ written notice of the termination for cause and the facts and grounds constituting such cause. Termination for cause shall require at least three (3) votes of the City Council. The term “cause” shall be defined to include any misconduct materially related to performance of official duties , including but not be limited to any of the following: 1) breach of this AGREEMENT, 2) willful or persistent material breach of duties, 3) résumé fraud or other acts of material dishonesty, 4) unauthorized absence or leave, 5) conviction of a misdemeanor involving moral turpitude (i.e., offenses contrary to justice, honesty, or morality), conviction of a misdemeanor DUI, or conviction of a felony under California law (the CITY may, in its discretion, place EMPLOYEE on paid or unpaid administrative leave until resolution of charges brought against EMPLOYEE ), 6) violation of the C ITY’s anti - harassment policies and/or a finding that legally prohibited personal acts of harassment against a CITY official or employee or legally prohibited personal acts of discrimination against a C ITY official or employee has occurred, 7) violation of the CITY’s Municipal Code, ordinances, rules, and regulations, including but not limited to the CITY’s Personnel Rules and Regulations and Administrative Policies, 8) use or possession of illegal drugs, 9) engaging in conduct tending to bring embarrassment or disrepute to the CITY, 10) any illegal or unethical act involving personal gain, 11) pattern of repeated, willful and intentional failure to carry out materially significant and legally constituted directions or policy decisions of the City Council, and 12) gross misfeasance or gross malfe asance. If the C ITY terminates for cause this A GREEMENT and the services of EMPLOYEE hereunder, the CITY shall have no obligation to pay EMPLOYEE any severance. (b) Termination by CITY Without Cause. By providing EMPLOYEE at least thirty (30) days’ prior written notice thereof, the CITY may terminate EMPLOYEE without cause but rather based upon management reasons such as implementing the CITY’s goals or policies, including but not limited to: i) change of administration, or ii) incompatibility of management styles. Pursuant to Hesperia Municipal Code section 2.08.090(A) and contingent upon this agreement being approved by four (4) votes of the City Council, termination of EMPLOYEE without cause shall require at least four (4) votes of the City Council. In the event EMPLOYEE is terminated without cause, EMPLOYEE expressly agrees that EMPLOYEE shall not be entitled to any severance pay as the result of the termination of this AGREEMENT except as provided in Section 4.1 below.

01071.0004/818990.7
6 3.5 Limitation on Termination Without Cause Before and Following Municipal Election. Notwithstanding the foregoing, in light of the requirements of HMC Section

2.08.090(B), no termination without cause shall be permitted within one hundred twenty (120) days before or after the date: (i) a municipal election held in this city at which election a member of the City Council is elected , or (ii) a new City Council member is appointed (“No Termination Window”). In addition, termination without cause within sixty (60) days before or after the No Termination Window shall require a four-fifths (4/5) vote of the City Council.

4.0 SEVERANCE

4.1 Severance Pay. In the event EMPLOYEE is terminated without cause and EMPLOYEE does not challenge such termination, including but not limited to, by means of appeal or civil or administrative claim or liberty hearing, then CITY shall pay to EMPLOYEE severance in an amount equal to EMPLOYEE’s monthly base salary then in effect multiplied by six (6 ), excluding the 401(a) pension plan or the value of any other benefits.

Notwithstanding any other provision of this paragraph 4.1, should such proposed sever ance payment exceed the amount authorized to be paid under Government Code Section 53260, then the amount paid to EMPLOYEE shall be reduced in the amount necessary to comply with such statute. (Government Code Section 53260 provides that all contracts of employment with a city must include a provision limiting the maximum cash settlement for the termination of the contract to the monthly salary (excluding benefits) multiplied by the number of months left on the unexpired term, but not more than eighteen (18) months if the unexpired term exceeds 18 months).

4.2 No Severance Pay if Termination for C ause or Initiated by E MPLOYEE.

As provided in Section 3.4(a), should EMPLOYEE be terminated for cause, the CITY shall have no obligation to pay the severance provided for in Section 4.1 above. As provided in Section 3.3, should EMPLOYEE initiate termination of this AGREEMENT, the CITY shall have no obligation to pay the severance provided for in Section 4.1 above.

4.3 Sole Rights. The severance rights provided in this Section 4.0 shall constitute the sole and only entitlement of EMPLOYEE with respect to severance pay in the event of the termination, other than for cause or by expiration of the AGREEMENT . EMPLOYEE expressly waives any and all other rights with respect to severance pay except as provided herein.

Any and all severance rights are conditioned upon and in consideration for execution of the standard “Agreement of Separation, Severance, and General Release” attached hereto in form only as Exhibit “A.”

5.0 PERFORMANCE EVALUATIONS

5.1 Purpose. The performance review and evaluation process set forth herein is intended to provide review and feedback to EMPLOYEE so as to facilitate a more effective management of the CITY . Nothing herein shall be deemed to alter or change the employment status of EMPLOYEE as c ity manager (as set forth in Section 1.5 above), nor shall this Section

5.0 be construed as requiring “ cause” to terminate this A GREEMENT, or the services of EMPLOYEE hereunder.

01071.0004/818990.7
7 5.2 Annual Evaluation. The City Council shall conduct a formal or informal review and evaluate the performance of EMPLOYEE on an annual basis to coincide with the anniversary date of EMPLOYEE’s appointment to the position of c ity manager, using a n evaluation form to be approved by City Council . Such performance review and evaluation shall be conducted concurrently with an annual base salary review provided for in Section 2.2 hereof , and in accordance with the purpose noted in Section 5.1 above.

5.3 Written Summary. The City Council may, at its sole discretion, elect to provide a written summary of each performance evaluation to EMPLOYEE within two (2) weeks following the conclusion of the performance review and evaluation process, and may, at its sole discretion, schedule at least one (1) City Council closed session with EMPLOYEE to deliver and discuss the evaluation.

6.0 BENEFITS AND OTHER COMPENSATION

6.1 General Benefits. During the term of this AGREEMENT, EMPLOYEE shall be eligible to receive, subject to the terms and conditions of this AGREEMENT, the benefits as provided for in this Article 6.0 for services rendered to CITY (collectively, "Benefits").

6.2 Participation in Benefit Plans. During the term of this AGREEMENT , CITY shall provide EMPLOYEE and her dependents with the same CITY contribution amounts as At-Will Senior Management employees receive for such group insurance, that may include, hospitalization, comprehensive medical and surgical care, optical, dental, prescription, health and accident, disability, or life insurance or similar plan or program of such benefits, as provided in the CITY’s Personnel Rules and Procedures and the Non-Represented Employees’ Compensation and Benefits Plan as they now exist or may hereafter be amended, provided, however, that EMPLOYEE and her dependents are otherwise eligible for coverage under the general provisions of such plan or program.

EMPLOYEE shall be provided retiree medical contributions in the same amounts as At - Will Senior Management employees receive, subject to the same terms and conditions as provided the City’s Non-Represented Employees’ Compensation and Benefits Plan.

6.3 Car Allowance. During the term of this AGREEMENT, CITY shall pay EMPLOYEE a car allowance as established for At -Will Senior Management employees listed in the City’s Non-Represented Employees’ Compensation and Benefits Plan.

6.4 Telecommunication Allowance.

During the term of this AGREEMENT,
CITY shall pay EMPLOYEE a telecommunication allowance as established for At-Will Senior Management employees listed in the City’s Non -Represented E mployees’ Compensation and Benefits Plan.

6.5 Professional Development. CITY agrees, subject to the approval of sums by the City Counc il of CITY upon the adoption of an annual budget, to budget and pay for appropriate professional dues and subscriptions for the continued participation of EMPLOYEE in national, state, and local associations and organizations necessary and desirable in the view of the

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8 City Council for EMPLOYEE’s continued professional growth and for the good of CITY. CITY agrees to allow EMPLOYEE reasonable time off in addition to accrued vacation time in an amount not to exceed fifteen ( 15) days in any calendar year, as well as to budget and pay for travel and subsistence expenses of EMPLOYEE for professional and official travel, meetings, and occasions adequate to continue the professional development of EMPLOYEE and to adequately pursue necessary official and other functions of CITY, including but not limited to annual conference of national, state and local associations and organizations necessary and desirable in the view of the City Council of CITY for EMPLOYEE’s continued professional growth and for the good of CITY.

It is agreed the City Manager may participate in the tuition reimbursement program as established for At- Will Senior Management employees listed in the CITY’s Non-Represented Employees’ Compensation and Benefits Plan.

6.6 Eligible Reimbursements . Employee shall be eligible to receive reimbursement of the following expenses to that extent such expenses were actually incurred, reasonable in amount, directly related to CITY business, and within a budget for such expenses to be agreed upon by the City Council and EMPLOYEE at the commencement of each fiscal year of CITY:
a.

Business Travel. EMPLOYEE shall be eligible to receive a per diem travel reimbursement, including expenses for air and ground transportation, accommodations, and meals, as provided in City Council Resolution 2009- 057, as may be amended by the CITY from time to time.
b.

Business Expenses. EMPLOYEE shall be eligible to receive reimbursement for documented business expenses incurred in connection with the performance of EMPLOYEE's duties under this AGREEMENT as provided in the Personnel Rules and Procedures of the CITY, as they now exist or may hereafter be amended. c.

Agreed Expenses. The parties recognize that certain expenses may be difficult to categorize as business expenses, but the incurrence of which shall nevertheless be deemed in furtherance of the business and affairs of the CITY. EMPL OYEE shall be eligible to receive reimbursement for such documented expenses as have previously been agreed upon between the City Council and EMPLOYEE.

6.7 Bonding. City shall bear the full cost of any fidelity or other bond that may be required of EMPLOYEE under any applicable California or federal law.

6.8 Leave. During the term of this AGREEMENT , E MPLOYEE shall be eligible to receive, subject to the terms and conditions of this AGREEMENT, the following leave time (collectively, "Leave"):
(a) Holidays. EMPLOYEE shall be eligible for the same hours of Holiday time per calendar year as other non-represented CITY employees. Specifically, EMPLOYEE shall be granted the following holidays: Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve, Christmas Day, New Year’s Day, Martin Luther King Jr. Day, President’s Day and Memorial Day. If the City Council recognizes an additional

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9 holiday for CITY employees, said holiday shall be extended to EMPLOYEE. Unused holiday time shall not accrue any cash value and shall not be carried over from year to year. (b) Vacation Leave. EMPLOYEE shall continue to accrue vacation leave at the same rate as is provided to non-represented CITY employees based on the number of years of continuous CITY service, pursuant to the CITY’s Non-Represented Employees’ Compensation and Benefits Plan as it may hereafter be amended. Vacation leave time may be carried over from year to year, without limit on accrual. EMPLOYEE’s use of vacation is subject to Section 6.8(e) [Restriction on Use of Leave]. Unused vacation shall accrue cash value based upon prorating EMPLOYEE's compensation. The CITY shall have the right at any time to p ay any accrued and unused vacation leave. Vacation leave must be used and deducted from accruals on a minute by minute basis for time missed from normal work hours which for purposes of this section are deemed to be normal CITY operating hours.
(c) Sick Leave. EMPLOYEE shall accrue sick leave at the rate of ninety- six (96) hours per year (i.e. 3.69 hours per pay period). Accrued sick leave may be carried over from year to year, without limit on accrual. EMPLOYEE shall be able to use sick leave for personal leave in the amount and manner as other non- represented CITY employees. Sick leave must be used and deducted from accruals on a minute by minute basis for time missed from normal work hours which for purposes of this section are deemed to be normal CITY operating hours. Upon termination for any reason, EMPLOYEE shall not be entitled to cash out any accrued sick leave.

(d) Administrative Leave. EMPLOYEE shall accrue administrative leave at the rate of one hundred twenty (120) hours per fiscal year, effective beginning the Effective Date of this Agreement. In the first year of EMPLOYEE’s employment as c ity manager, accrual of administrative leave shall be prorated to the end of the fiscal year. EMPLOYEE’s use of administrative leave time is subject to Section 6.8(e) [Restriction on Use of Leave]. Any unused administrative leave will be converted to vacation leave at the conclusion of the fiscal year.

Administrative leave must be used and deducted from accruals in increments of no less than one hour for time missed from normal work hours which for purposes of this section are deemed to be normal CITY operating hours. During the last full pay period of the fiscal year, any unused administrative leave may be converted to vacation hours. (e) Restriction on Use of Leave . EMPLOYEE agrees not to take any vacation or leave, except for sick leave, at a time that would adversely impact CITY. EMPLOYEE shall not take vacation or leave, except for sick leave, in excess of one week without first obtaining the approval of the CITY’s Mayor.

6.9 Retirement and Deferred Compensation.
(a) EMPLOYEE is believed to be a “classic member” as defined by CalPERS and as mandated by the Public Employees’ Pension Reform Act of 2013 (“PEPRA”), and if determined by CalPERS to be such shall be permitted to participate in the CITY’s CalPERS Retirement Program with the 2.7% at 55 formula and one (1) Year Average formula.

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10 (b) Employee Contribution. EMPLOYEE shall be responsible for the full member contribution for EMPLOYEE’s CalPERS retirement plan, which is currently 8% and any other required contribution pursuant to the CITY’s Non-Represented E mployees’ Compensation and Benefits Plan as it now exists or may hereafter be amended.

7.0 INDEMNIFICATION
To the extent mandated by the California Government Code, the CITY shall defend, hold harmless , and indemnify EMPLOYEE against any tort, professional liability, claim or demand, or other legal action arising out of an alleged act or omission occurring in the performance of EMPLOYEE’s services under this A GREEMENT. This section shall not apply to any intentional tort or crime committed by EMPLOYEE, to any action outside the course and scope of EMPLOYEE’s employment, or any other intentional or malicious conduct or gross negligence of EMPLOYEE.

8.0 OTHER TERMS- CONDITIONS OF EMPLOYMENT
The City Council, in consultation with EMPLOYEE, shall establish any such other terms and conditions of employment as it may determine from time to time, provided such terms and conditions do not exceed the maximum salary and benefits approved by the City Council and are reduced to writing and signed by EMPLOYEE and the Mayor.

9.0 GENERAL PROVISIONS

9.1 Entire AGREEMENT. This A GREEMENT represents the entire AGREEMENT and understanding between the P arties and supersedes any and all other agreements and understandings, either oral or in writing, between the P arties with respect to EMPLOYEE’s employment by the C ITY and contains all of the covenants and agreements between the P arties with respect to such employment. No ordinances or resolutions of C ITY governing employment, including the Personnel System, shall apply unless specified herein. Each Party to this A GREEMENT acknowledges t hat no representations, inducements, promises or agreements, orally or otherwise, have been made by either P arty, or anyone acting on behalf of either Party, which are not embodied herein, and that no other agreement, statement or promises not contained in this AGREEMENT shall be valid or binding upon either Party.

9.2 Amendment. This A GREEMENT may be amended at any tim e by the mutual consent of the P arties by an instrument in writing , which amendment shall require City Council approval.

9.3 Notices. Any notice required or permitted by this AGREEMENT shall be in writing and shall be personally served or shall be sufficiently given when served upon the other Party as sent by United States Postal Service, postage prepaid and addressed as follows:

To CITY: To EMPLOYEE:

Mayor Rachel Molina
City of Hesperia [On file with Human Resources Dept.]
9700 Seventh Avenue

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11 Hesperia, CA 92345
Notices shall be deemed given as of the date of personal service or upon the date of deposit in the course of transmission with the United States Postal Service.

9.4 Conflicts Prohibited . During the term of this A GREEMENT, EMPLOYEE shall not engage in any business or transaction or maintain a financial interest which conflicts, or reasonably might be expected to conflict, with the proper discharge of EMPLOYEE’s duties under this A GREEMENT. EMPLOYEE shall comply with all requirements of law, including but not limited to, Sections 87100 et seq ., Section 1090 and Section 1126 of the Government Code, and all other similar statutory and administrative rules.

9.5 Effect of Waiver. The failure of either Party to insist on strict compliance with any of the terms, covenants, or conditions of this AGREEMENT by the other Party shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times.

9.6 Partial Invalidity. If any provision in this A GREEMENT is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

9.7 Governing Law. This AGREEMENT shall be governed by and construed in accordance with the laws of the State of California, which are in full force and effect as of the date of execution and delivery by each Party hereto.

9.8 Government Code §§ 53243 - 53243.4. Assembly Bill 1344, which was subsequently enacted as Government Code §§ 53243 - 53243.4, sought to provide greater transparency in local government and institute certain limitations on c ompensation paid to local government executives. These statutes also require that contracts between local agencies and its employees include provisions requiring an employee who is convicted of a crime involving an abuse of her office or position to provi de reimbursement to the local agency. These statutes are incorporated herein by reference. Accordingly, the P arties agree that it is their mutual intent to fully comply with these Government Code sections and all other applicable law as it exists as of the date of execution of this AGREEMENT and as such laws may be amended from time to time thereafter. Specifically, the following Government Code sections are called out and hereby incorporated by this AGREEMENT:
§53243. Reimbursement of paid leave salary required upon conviction of crime involving office or position.
§53243.1. Reimbursement of legal criminal defense upon conviction of crime involving office or position.
§53243.2. Reimbursement of cash settlement upon conviction of crime involving office or position.

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12 §53243.3. Reimbursement of noncontractual payments upon conviction or crime involving office or position.
§53243.4. “Abuse of office or position” defined.

EMPLOYEE represents that EMPLOYEE has reviewed, is familiar with, and agrees to comply fully with each of these provisions if any of these provisions are applicable to EMPLOYEE, including that EMPLOYEE agrees that any cash settlement or severance related to a termination that EMPLOYEE may receive from the CITY shall be fully reimbursed to the local agency if EMPLOYEE is convicted of a crime involving an abuse of EMPLOYEE’s office or position.

9.9 Independent Legal Advice. The CITY and EMPLOYEE represent and warrant to each other that each has received legal advice from independent and separate legal counsel with respect to the legal effect of this AGREEMENT, or had the opportunity to do so, and the CITY and EMPLOYEE further represent and warrant that each has carefully reviewed this entire AGREEMENT and that each and every term thereof is understood and that the terms of this AGREEMENT are contractual and not a mere recital. This AGREEMENT shall not be construed against the Party or its representatives who drafted it or who drafted any portion thereof.

IN WITNESS WHEREOF, the City of Hesperia has caused this AGREEMENT to be signed and executed on its behalf by its Mayor, and duly attested by its officers thereunto duly authorized, and EMPLOYEE has signed and executed this AGREEMENT, all in triplicate.

CITY OF HESPERIA
_______________________________
Brigit Bennington, Mayor
ATTEST:
_____________________________
Melinda Sayre, City Clerk
AP
PROVED AS TO FORM:
_____________________________
Pam Lee, City Attorney

CITY MANAGER
_____________________________
Rachel Molina

1 01071.0004/818990.7
EX

HIBIT A
AG

REEMENT OF SEPARATION, SEVERANCE, AND GENERAL RELEASE

1. PARTIES
T his Agreement of Separation, Severance, and General Release (hereinafter referred to as the “AGREEMENT”) is entered into by and between the City of Hesperia, a general law city and municipal corporation (hereinafter referred to as “THE CITY”) , and RACHEL MOLINA, an individual (hereinafter referred to as “EMPLOYEE”).

2. RECITALS

2.1. E MPLOYEE was hired by THE CITY as an at-will city manager effective on or about ________ serving at the pleasure of the City Council of THE CITY pursuant to a written contract, a copy of which is attached hereto as Exhibit “A” (“THE CONTRACT”). EMPLOYEE is currently ___ years old.

2.2. THE CITY and EMPLOYEE desire that EMPLOYEE separate from employment with THE CITY and enter into a severance agreement whereby EMPLOYEE receives severance compensation in exchange for executing a general release and waiver of any and all claims that EMPLOYEE may have against THE CITY, including but not limited to its elected and non- elected officials, employees, attorneys, and agents. Accordingly, the parties hereto intend by this AGREEMENT to mutually conclude any and all employment relationships between THE CITY and EMPLOYEE by means of EMPLOYEE’s separation by means of _________________ as of ______, ____. T his AGREEMENT set s forth the full and complete terms and conditions concluding EMPLOYEE’s employment relationship with the CITY and any obligations related thereto, including any provided under THE CONTRACT.

2.3 In accordance with this AGREEMENT and with applicable state and federal laws, EMPLOYEE acknowledges that EMPLOYEE has been advised of EMPLOYEE ’s post - employment rights, including but not limited to, EMPLOYEE ’s rights under the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”), the Employee Retirement Income Security Act of 1974 ( “ERISA”), and the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).

3. CONSIDERATION

3.1 E MPLOYEE shall receive payment to her at the time of her voluntary separation all earned salary, accrued fringe benefits as detailed in THE CONTRACT, and/or all other wage compensation/benefits owed to EMPLOYEE upon separation of employment, as required by state, federal or municipal law or THE CONTRACT or any other agreement with THE CITY.

3.2. In exchange for the waivers and releases set forth herein, THE CITY shall cause to be paid to EMPLOYEE an additional compensatory payment as severance pay by means of a lump sum payment of ___________________________ and __ cents ($______.00), as set forth in THE CONTRACT in the form of a check made payable to EMPLOYEE to be mailed to EMPLOYEE at EMPLOYEE’s home address via certified mail return receipt requested within thirty (30) business

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2 days after the EFFECTIVE DATE (as defined below) of this AGREEMENT. The lump sum payment shall be subject to applicable state and federal withholdings as determined appropriate by THE CITY.

3.3 In exchange for the severance payment provided for herein, EMPLOYEE, and on behalf of EMPLOYEE’s spouse, heirs, representatives, successors, and assigns, hereby releases, acquits, and forever discharges THE CITY, and each of its predecessors, successors, assigns, officials, employees, representatives, agents, insurers, attorneys, and all persons and entities acting by, through, under, or in concert with any of them, and each of them ( hereinafter referred to as “ THE CITY PARTIES”), from any and all claims, charges, complaints, contracts, understandings, liabilities, obligations, promises, benefits, agreements, controversies, costs, losses, debts, expenses, damages, actions, causes of action, suits, rights, and demands of any nature whatsoever, known or unknown, suspected or unsuspected, which EMPLOYEE now has or may acquire in the future, or which EMPLOYEE ever had, relating to or arising out of any act, omission, occurrence, condition, event, transaction, or thing which was done, omitted to be done, occurred or was in effect at anytime from the beginning of time up to and including _______ __, ____ (hereinafter referred to collectively as “CLAIMS”), without regard to whether such CLAIMS arise under the federal, state, or local constitutions, statutes, rules or regulations, or the common law. EMPLOYEE expressly acknowledges that the CLAIMS forever barred by this AGREEMENT specifically include, but are not limited to, claims based upon any alleged breach of THE CONTRACT or any other agreement of employment, any demand for wages, overtime or benefits, any claims of violation of the provisions of ERISA, COBRA or HIPAA, any alleged breach of any duty arising out of contract or tort, any alleged wrongful termination in violation of public policy, any alleged breach of any express or implied contract for continued employment, any alleged employment discrimination or unlawful discriminatory act, or any claim or cause of action including, but not limited to, any and all claims whether arising under any federal, state or local law prohibiting breach of employment contract, wrongful termination, or employment discrimination based upon age, race, color, sex, religion, handicap or disability, national origin or any other protected category or characteristic, and any and all rights or claims arising under the California Labor Code or Industrial Welfare Commission Wage Orders, the Federal Fair Labor Standards Act, the California Fair Employment and Housing Act, California Government Code §§12900 et seq., the Americans With Disabilities Act, Title VII of the Civil Rights Act of 1964, the Public Safety Officers Procedural Bill of Right Act, and any other federal, state, or local human rights, civil rights, or employment discrimination or employee rights statute, rule, or regulation. Nothing herein shall be interpreted as a release or waiver of any workers’ compensation claims or in any way prohibit or prevent EMPLOYEE from participating in any claims or administrative action brought by a state or federal agency. Furthermore, nothing herein shall be interpreted as a release or waiver of the THE CITY’s statutory obligations relative to providing defense and indemnification of public employees, if any, including but not limited to Government Code Sections 825-825.6 and Sections 995-996.6.

4. SPECIFIC ACKNOWLEDGMENT OF WAIVER OF CLAIMS UNDER

ADEA AND OWBPA
The Age Discrimination in Employment Act of 1967 (hereinafter referred to as the “ADEA”) makes it illegal for an employer to discharge any individual or otherwise discriminate with respect to the nature and privileges of an individual ’s employment on the basis that the individual is age forty (40) or older. The Older Workers Benefit Protection Act (hereinafter referred to as the “ OWBPA,” 29 U.S.C. § 626, et. seq., Pub L 101- 433, 104 Stat. 978 (1990))

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3 further augments the ADEA and prohibits the waiver of any right or claim under the ADEA, unless the waiver is knowing and voluntary. By entering into this AGREEMENT, EMPLOYEE acknowledges that EMPLOYEE knowingly and voluntarily, for just compensation in addition to anything of value to which EMPLOYEE was already entitled, waives and releases any rights she may have under the ADEA and/or OWBPA. EMPLOYEE further acknowledges that EMPLOYEE has been advised and understands, pursuant to the provisions of the ADEA and OWBPA, that:
(a) This waiver/release is written i n a manner understood by EMPLOYEE; (b) EMPLOYEE is aware of, and/or has been advised of, EMPLOYEE’s rights under the ADEA and OWBPA, and of the legal significance of EMPLOYEE’s waiver of any possible claims EMPLOYEE currently may have under the ADEA, OWBPA and/or similar age discrimination laws;
(c) EMPLOYEE is entitled to a reasonable time of at least twenty-one (21) days within which to review and consider this AGREEMENT and the waiver and release of any rights EMPLOYEE may have under the ADEA, the OWBPA and similar age discrimination laws; but may, in the exercise of EMPLOYEE’s own discretion, sign or reject this AGREEMENT at any time before the expiration of the twenty-one (21) days; (d) The waivers and releases set forth in this AGREEMENT shall not apply to any rights or claims that may arise under the ADEA and/or OWBPA after the EFFECTIVE DATE of this AGREEMENT;
(e) EMPLOYEE has been advised by this writing that EMPLOYEE should consult with an attorney prior to executing this AGREEMENT; (f) EMPLOYEE has discussed this waiver and release with, and been advised with respect thereto by, EMPLOYEE’s counsel of choice or at least had the opportunity to do so, and EMPLOYEE represents by signing this AGREEMENT that EMPLOYEE does not need any additional time within which to review and consider this AGREEMENT; (g) EMPLOYEE has seven (7) days following EMPLOYEE’s execution of this AGREEMENT to revoke the AGREEMENT;
(h) Notice of revocation within the seven (7) day revocation period must be provided, in writing, to THE CITY pursuant to Paragraph 8.9 herein, and must state, “ I hereby revoke my acceptance of our Agreement of Severance and General Release;” and (i) This AGREEMENT shall not be effective until all parties have signed the AGREEMENT and ten (10) days have passed since EMPLOYEE ’s execution of same (“EFFECTIVE DATE”).

5. UNK

NOWN CLAIMS

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4 In relation to the release provisions of Paragraphs 3 and 4 above, EMPLOYEE understands that California Civil Code section 1542 reads as follows:
“ General Release--Claims Extinguished”
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
EMPLOYEE hereby waives the protection of California Civil Code section 1542.

6. WAIVER OF ADDITIONAL CLAIMS
EMPLOYEE hereby waives any provisions of state or federal law that might require a more detailed specification of the claims being released pursuant to the provisions of Paragraphs 3, 4, and 5 above.

7. REPRESENTATIONS AND WARRANTIES
Each of the parties to this AGREEMENT represents and warrants to, and agrees with, each other party as follows:

7.1. Advice of Counsel: The parties hereto have received independent legal advice from their respective attorneys concerning the advisability of entering into and executing this AGREEMENT or have been given the opportunity to obtain such advice. The parties acknowledge that they have been represented by counsel of their own choice in the negotiation of this AGREEMENT, that they have read this AGREEMENT; that they have had this AGREEMENT fully explained to them by such counsel, or have had such opportunity to do so and that they are fully aware of the contents of this AGREEMENT and of its legal effect.

7.2. No Fraud in Inducement: No party (nor any officer, agent, employee, representative, or attorney of or for any party) has made any statement or representation or failed to make any statement or representation to any other party regarding any fact relied upon in entering into this AGREEMENT, and neither party relies upon any statement, representation, omission or promise of any other party in executing this AGREEMENT, or in making the settlement provided for herein, except as expressly stated in this AGREEMENT.

7.3. Independent Investigation: Each party to this AGREEMENT has made such investigation of the facts pertaining to this settlement and this AGREEMENT and all the matters pertaining thereto, as it deems necessary.

7.4. Mistake Waived: In entering into this AGREEMENT, each party assumes the risk of any misrepresentation, concealment or mistake. If any party should subsequently discover that any fact relied upon by it in entering into this AGREEMENT was untrue, or that any fact was concealed from it, or that its understanding of the facts or of the law was incorrect, such party shall not be entitled to any relief in connection therewith, including without limitation on the generality of

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5 the foregoing any alleged right or claim to set aside or rescind this AGREEMENT. This AGREEMENT is intended to be, and is, final and binding between the parties, regardless of any claims of misrepresentation, promise made without the intent to perform, concealment of fact, mistake of fact or law, or any other circumstance whatsoever.

7.5. Later Discovery: The part ies are aware that they may hereafter discover claims or facts in addition to or different from those they now know or believe to be true with respect to the matters related herein. Nevertheless, it is the intention of the parties that EMPLOYEE fully, finally and forever settle and release all such matters, and all claims relative thereto, which do now exist, may exist or have previously existed against THE CITY or THE CITY PARTIES. In furtherance of such intention, the releases given here shall be, and r emain, in effect as full and complete releases of all such matters, notwithstanding the discovery or existence of any additional or different claims or facts relative thereto.

7.6. Indemnification: EMPLOYEE agrees to indemnify and hold harmless THE CITY or THE CITY PARTIES from, and against, any and all claims, damages, or liabilities sustained by them as a direct result of the violation or breach of the covenants, warranties, and representations undertaken pursuant to the provisions of this AGREEMENT. EMPLOYEE understands and agrees that EMPLOYEE shall be exclusively liable for the payment of all taxes for which EMPLOYEE is responsible, if any, as a result of EMPLOYEE’s receipt of the consideration referred to in Paragraph 3 of this AGREEMENT. In addition, EMPLOYEE agrees fully to indemnify and hold the CITY PARTIES harmless for payment of tax obligations as may be required by any federal, state or local taxing authority, at any time, as a result of the payment of the consideration set forth in Paragraph 3 of this AGREEMENT.

7.7. Future Cooperation & Consultation fees: EMPLOYEE shall execute all such further and additional documents as shall be reasonable, convenient, necessary or desirable to carry out the provisions of this AGREEMENT. EMPLOYEE shall provide THE CITY with consultation services (including deposition or trial testimony) in any litigation involving THE CITY which is reasonably related to acts or occurren ces transpiring during EMPLOYEE’s employment. Said services shall be provided as needed by THE CITY at a rate of $100.00 per hour.

7.8. Return of Confidential Information and Property: Prior to the separation date, EMPLOYEE shall submit a written inventory of, and return to the City Clerk, all City keys, equipment, computer identification cards or codes, and other equipment or materials or confidential documents provided to or obtained by EMPLOYEE during the course of EMPLOYEE’s employment with THE CITY.

7.9 No Pending Claims and/or Actions : EMPLOYEE represents that EMPLOYEE has not filed any complaints or charges against THE CITY or THE CITY PARTIES with any local, state or federal agency or court; that EMPLOYEE will not do so at any time hereafter for any claim arising up to and including the EFFECTIVE DATE of this AGREEMENT; and that if any such agency or court assumes jurisdiction of any such complaint or charge against THE CITY or THE CITY PARTIES on behalf of EMPLOYEE, whenever or where ever filed, EMPLOYEE will request such agency or court to withdraw from the matter forthwith. Nothing herein shall be interpreted as a release or waiver of any workers’ compensation claims or in any way prohibit or

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6 prevent EMPLOYEE from participating in any claims or administrative action brought by a state or federal agency.

7.10. Ownership of Claims: EMPLOYEE represents and warrants as a material term of this AGREEMENT that EMPLOYEE has not heretofore assigned, transferred, released or granted, or purported to assign, transfer, release or grant, any of the CLAIMS disposed of by this AGREEMENT. In executing this AGREEMENT, EMPLOYEE further warrants and represents that none of the CLAIMS released by EMPLOYEE thereunder will in the future be assigned, conveyed, or transferred in any fashion to any other person and/or entity.

7.11 Enforcement Fees and Costs: Should any legal action be required to enforce the terms of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys’ fees and costs in addition to any other relief to which that party may be entitled.

7.12 Authority: Each party represents to the other that it has the right to enter into this AGREEMENT, and that it is not violating the terms or conditions of any other AGREEMENT to which they are a party or by which they are bound by entering into this AGREEMENT. The parties represent that they will obtain all necessary approvals to execute this AGREEMENT. It is further represented and agreed that the individuals signing this AGREEMENT on behalf of the respective parties have actual authority to execute this AGREEMENT and, by doing so, bind the party on whose behalf this AGREEMENT has been signed.

8. MISCELLANEOUS

8.1. N o Admission: Nothing contained herein shall be construed as an admission by THE CITY of any liability of any kind. THE CITY denies any liability in connection with any claim and intends hereby solely to avoid potential claims and/or litigation and buy its peace.

8.2. Governing Law: This AGREEMENT has been executed and delivered within the State of California, and the rights and obligations of the parties shall be construed and enforced in accordance with, and governed by, the laws of the State of California.

8.3. Full Integration: This AGREEMENT is the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and discussions. This AGREEMENT may be amended only by a further agreement in writing, signed by the parties hereto.

8.4. Continuing Benefit: This AGREEMENT is binding upon and shall inure to the benefit of the parties hereto, their respective agents, spouses, employees, representatives, officials, attorneys, assigns, heirs, and successors in interest.

8.5. Joint Drafting: Each party agrees that it has cooperated in the drafting and preparation of this AGREEMENT. Hence, in any construction to be made of this AGREEMENT, the parties agree that same shall not be construed against any party.

8.6. Severability: In the event that any term, covenant, condition, provision or agreement contained in this AGREEMENT is held to be invalid or void by any court of competent jurisdiction, the invalidity of any such term, covenant, condition, provision or agreement shall in no

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7 way affect any other term, covenant, condition, provision or agreement and the remainder of this AGREEMENT shall still be in full force and effect.

8.7. Titles: The titles included in this AGREEMENT are for reference only and are not part of its terms, nor do they in any way modify the terms of this AGREEMENT.

8.8. Counterparts: This AGREEMENT may be executed in counterparts, and when each party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and, when taken together with other signed counterparts, shall constitute one AGREEMENT, which shall be binding upon and effective as to all parties.

8.9. Notice: Any and all notices given to any party under this AGREEMENT shall be given as provided in this paragraph. All notices given to either party shall be made by certified or registered United States mail, or personal delivery, at the noticing party ’s discretion, and addressed to the parties as set forth below. Notices shall be deemed, for all purposes, to have been given and/or received on the date of personal service or three (3) consecutive calendar days following deposit of the same in the United States mail.

As to EMPLOYEE:

At EMPLOYEE’s home address on file with THE CITY.

As to THE CITY:

Mayor
City of Hesperia
9700 Seventh Avenue
Hesperia, CA 92345
IN WITNESS WHEREOF, THE CITY has caused this AGREEMENT to be signed and executed on its behalf by its Mayor and duly attested by its City Clerk, EMPLOYEE has signed and executed this AGREEMENT, and the attorneys for THE CITY and EMPLOYEE, if any, have approved as to form as of the dates written below.

DATED: _______________ EMPLOYEE
B
y: ________________________________
Rachel Molina

THE CITY
D
ATED: __________________ By: ________________________________ Mayor
ATTEST:
______
____________________
City Clerk

01071.0004/818990.7
8 AP
PROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
B
y: _______________________________
[ ________________] , City Attorney
[EMPLOYEE’S ATTORNEY’S LAW FIRM]
B
y: _______________________________
[Counsel Name]

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City of Hesperia

STAFF REPORT

RECOMMENDED ACTION
It is recommended the City Cou ncil receive and file information on Ca pital Improvem ent Projects related to traffic congestion and associated concerns.

BACKGROUND
At the August 2, 2022 City Council Meeting, Council Member Gregg r equested an item be agendized that addresses concerns related to future traffic signal installation and high collision intersections in Hesperia.

ISSUES/ANALYSIS
To address traffic congestion, as well as high collision intersections, the City ’s annual Capital Improvement Program (CIP) budget includes funding for projects that will alleviate concerns at intersections throughout Hesperia.

In June, the City Council adopted a $4 3,462,945 budget for Streets CIP, the majority of which is allocated to the Ranchero Widening Project. Budgeted projects that will enhance traffic flow and safety include:
 Traffic Signal – Ranchero Road and Maple Avenue
 Traffic Signal – Ranchero Road and Cottonwood Avenue
 Traffic Signal – Ranchero Road and Seventh Avenue
 Traffic Signal – Main Street and Timberlane Avenue
 Street Improvements – Maple Avenue
 Street Improvements – Jacaranda Avenue
 Street Improvements – Seventh Avenue
Through the City Council’s Legislative Platform, the City is actively pursuing grants and other funding opportunities to fund additional improvements identified as Priority Projects, including:
 Transportation
o Main Street Widening and Aqueduct Bridge Construction o I Avenue Widening
DATE: October 4, 2022
TO: Mayor and Council Members
FROM: Nils Bentsen, City Manager
BY: Rachel Molina, Assistant City Manager
Jon Billings, Police Captain
SUBJECT: Capital Improvement Projects related to traffic congestion and associated concerns

Staff Report to the City Council
Capital Improvements related to traffic congestion and associated concerns October 4, 2022

o Sultana Street, Muscatel Street, and Cedar Street Improvements o Bear Valley Road Rehabilitation and Widening Project
o North-South Corridor Improvements
o Traffic Signals at Seventh Avenue and Sequoia ; and Escondido Avenue and Sultana Street.

FISCAL IMPACT
None.